The Fairbanks Four — Marvin Roberts, left to right, Kevin Pease, Eugene Vent, and George Frese — hold up four fingers, symbolizing the Fairbanks Four, in the David Salmon Tribal Hall after they were freed in December 2015 in Fairbanks. (Rachel D’Oro | The Associated Press file)

The Fairbanks Four — Marvin Roberts, left to right, Kevin Pease, Eugene Vent, and George Frese — hold up four fingers, symbolizing the Fairbanks Four, in the David Salmon Tribal Hall after they were freed in December 2015 in Fairbanks. (Rachel D’Oro | The Associated Press file)

Federal judge dismisses Fairbanks Four lawsuit

Freed men had sought compensation from Fairbanks, law enforcement

A federal judge ruled against the Fairbanks Four in an opinion issued Monday, dismissing their efforts to seek compensation from the city of Fairbanks and law enforcement.

In his opinion, judge Hezekiah Russel Holland found Marvin Roberts, George Frese, Kevin Pease and Eugene Vent did not have a case strong enough to overcome a settlement agreement they signed with the city of Fairbanks and State of Alaska as a condition of their release from prison.

“Obviously we’re disappointed and we’re going to appeal the decision to the Ninth Circuit Court of Appeals,” said Michael Kramer, the attorney for the four men.

Matthew Singer, representing the city of Fairbanks, said he believes the court correctly applied U.S. Supreme Court precedent and that the Ninth Circuit will see the case the same way that Holland does.

Monday’s decision was the latest legal battle for Roberts, Frese, Pease and Vent, who in 1997 were convicted of murdering John Hartman in Fairbanks. Hartman was white, the four men were not. After their conviction, there were widespread protests and suggestions that the Fairbanks Police Department had targeted the four men despite evidence indicating another suspect.

Those suggestions led to a campaign that asked the state to reopen the case against the four men. In 2015, a five-week hearing showed significant evidence that someone else had killed Hartman. Soon afterward, the city of Fairbanks and State of Alaska offered a settlement agreement to the four men: they could go free with charges dropped as long as they agreed to not seek claims against the city or state.

The four men signed the agreement, and they were freed from prison eight days before Christmas in 2015.

Two years later, Kramer (initially representing just Roberts and later all four men) filed suit in federal court, alleging that the city violated their civil rights and that the agreement was the result of coercion, therefore invalid.

Holland, citing prior case law, disagreed with that argument. Instead, he found that the men are unable to bring claims against the city because their original conviction was not declared “invalid,” such as when a case is overturned on appeal.

“In fact, the parties’ stipulation expressly provided ‘that the original jury verdicts and judgements of conviction were properly and validly entered based on proof beyond a reasonable doubt,’” Holland wrote.

In other words, the four men already agreed that they were cleared based on new evidence, not on old evidence deliberately concealed.

Kramer had sought a jury trial which might award cash compensation to the four, but by phone Tuesday he said the case is about justice for four men who were wrongfully convicted.

“We want to achieve justice and we just want the opportunity to put it in a jury’s hands to decide whether Fairbanks police acted properly or improperly in creating the case against them,” he said. “The case is not over. It’s been an uphill battle from Day 1 when the Fairbanks Four were first targeted as suspects by the (Fairbanks Police Department), and 20 years later, unfortunately, they’re still trying to achieve justice.”


• Contact reporter James Brooks at jbrooks@juneauempire.com or 523-2258.


More in Home

Juneau-Douglas High School: Yadaa.at Kalé junior Hunter Lingle, junior Nolan Cruz and sophomore Stahly Sheehan work the ice Wednesday at Treadwell Arena before a JDHS practice. The Crimson Bears varsity hosts the North Pole Patriots Friday at 7 p.m. and Saturday at 3 p.m. (Klas Stolpe / Juneau Empire)
Crimson Bears welcome Patriots to first home rink battle of the season

Treadwell Ice Arena will feature rematch of last year’s final JDHS game at state tournament

Students arrive at Thunder Mountain Middle School on the first day of school Thursday, Aug. 15. The school now houses all students in grades 7-8, who were in two middle schools last year, and the students at Thunder Mountain last year when it was a high school have been consolidated into Juneau-Douglas High School: Yadaa.at Kalé. (Laurie Craig / Juneau Empire file photo)
Report: 11 high school fights during first quarter of school year, up from 3 each of past two years

Consolidation seen as possible factor; middle school incidents more typical compared to recent years

People gather outside Resurrection Lutheran Church as it hosts its weekly food pantry on Tuesday afternoon. (Mark Sabbatini / Juneau Empire)
Resurrection Lutheran Church leadership dispute intensifies with accusations of assault, theft, sabotage

Pastor removed, lawsuit lingers as competing groups try to continue worship services, food pantry.

Gov. Mike Dunleavy poses with then-President Donald Trump during a refueling stop by Air Force One at Joint Base Elmendorf-Richardson in February of 2019. (Official White House photo)
Update: Dunleavy and Dahlstrom plan, cancel live Tuesday night announcement as Trump post for governor rumored

Dunleavy being considered for Interior secretary; also backs Trump on eliminating Dept. of Education

Nick Begich, center, the Republican candidate for Alaska’s lone U.S. House seat, talks with supporters during a meet-and-greet Oct. 12 at the Southeast Alaska Real Estate office near the Nugget Mall. (Mark Sabbatini / Juneau Empire file photo)
Updated vote counts show Begich, repeal of ranked choice voting likely to prevail

Most ballots uncounted on Election Day have now been tallied, with final results due Nov. 20.

A sign welcomes visitors to Hoonah on Aug. 7, 2021 just outside the Icy Strait cruise ship port. (James Brooks/Alaska Beacon)
State commission approves new Xunaa Borough government in northern Southeast Alaska

Area would include Hoonah and much of Glacier Bay National Park, exclude three nearby small towns.

Letters of support are posted to the window of the Kachemak Bay Family Planning Clinic on Tuesday, Nov. 12, 2024, following a shooting incident on Monday, Nov. 11 at 5:45 a.m. in Homer. (Delcenia Cosman/Homer News)
Man arrested for three shooting incidents at reproductive clinic, recovery organization in Homer

Kachemak Bay Family Planning Clinic was targeted twice Monday, suspect cites “religious beliefs.”

Juneau Assembly Member Ella Adkison (center) helps state Sen. Jesse Kiehl load donated groceries into a van on Saturday during a food drive at Super Bear IGA Supermarket hosted by the Juneau Central Labor Council. (Mark Sabbatini / Juneau Empire)
Nonprofits say need is high as collections for annual Thanksgiving events approach

Food bank, other agencies say number of people seeking help is rising due to cost, other factors.

Juneau-Douglas High School: Yadaa.at Kalé sophomore Amy Liddle leads Kenai junior Abigail Price and Palmer junior Kylie Benner en route to winning the girls 200 freestyle title during the ASAA Swim & Dive State Championships on Saturday at Anchorage’s Bartlett High School pool. (Klas Stolpe / Juneau Empire)
Liddle is big at Alaska high school state swim and dive championships

JDHS sophomore earns 200 free title, girls relay wins, Plang leads boys

Most Read