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Specialized MMIP lawyers to aid local agencies in MMIP cases

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Specialized MMIP lawyers to aid local agencies in MMIP cases


ANCHORAGE, Alaska (KTUU) – The Department of Justice announced the launch of the Missing or Murdered Indigenous People Regional Outreach Program, which will be helping to solve crimes, including reviewing unsolved crimes, in rural native communities.

The positions brought to Alaska’s U.S. Attorneys Office include three Indian Country Assistant U.S. Attorneys and one MMIP Coordinator — both to be based in Alaska.

In a press release, U.S attorney S. Lane Tucker said the additional personnel will aid in communities all over Alaska.

“Our office is committed to combating violence in Alaska Native communities across the state and reducing the high rates of domestic violence, sexual assault, and trafficking in these communities. These resources are an essential part of that effort,” Tucker said.

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Bryan Wilson, Executive U.S. Attorney for the District of Alaska, welcomes the added assistance at a time when more resources than ever are being used to solve cases involving Indigenous people.

“This is just a very exciting time for these issues in Alaska,” Wilson said.

The resources mean a lot to the Alaska Native families who have missing or murdered loved ones — a problem that sparks protests and calls for action across Alaska, the United States and Canada. Now Alaska is one of five designated regions across the country that will be given specialized support for the missing or murdered Indigenous people.

The federal government has limited jurisdiction to prosecute crime in rural Alaska, but the new changes means that the state’s U.S. Attorney’s Office will have more tools at their disposal.

“This has reached a critical mass, where the Natives — and like I said our congressional delegation too — has really realized something needs to be done, and for whatever reason it’s very heartening to see it all coming together but I’ve heard several native leaders say that this is a once-in-a-generation opportunity,” Wilson said.

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In addition to providing specialized support addressing issues involving MMIP cases, the attorneys aim to combat violence in Alaska Native communities and improve relations among federal, tribal, state and local agencies. Healing from generational and current traumas faced by Native communities is also important.

“Things that happened 40 years ago, people are still talking about in the present tense, and there so much pain,” Wilson said. “It’s very gratifying to be able to do something to address that.”

Wilson has seen firsthand the pain caused by cases of missing or murdered Alaskans that go unsolved.

“It’s important, I think, not only the families of the missing or murdered people, but also to the communities in general. And once again, that has been very eye-opening to me — in these small communities, one person’s pain is the entire community’s pain. Too often, for various reasons, they feel they haven’t been given the response that you would get for someone in the Lower 48 or maybe a person who’s not Native,” Wilson said.

Tribes in Alaska are working with the attorneys to create response plans for reports of missing persons in rural Alaska villages. Wilson believes the resources will go a long way for Native communities.

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“There’s actually bodies being put on this problem, money’s being given to it, and time. We’re a far way from solving it, but if we can stick with it for a few years, we’ll see some real progress,” Wilson said.

Wilson emphasized tribal leaders are utilizing the resources on offer, and expect great success.

“Alaska is really leading the country in this fight and when I call Washington, we get heard in Washington because of Ingrid and the tribal leaders and its very excited to be a part of it,” Wilson said.



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Alaska

APD says photos do not prove Alaska Native woman was murdered by Brian Smith

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APD says photos do not prove Alaska Native woman was murdered by Brian Smith


ANCHORAGE, Alaska (KTUU) – Nearly five years after Cassandra Boskofsky went missing, Anchorage police say more evidence is needed despite strong belief from the Alaska Native woman’s family and supporters that pictures taken off convicted murderer Brian Smith’s cell phone prove Smith also murdered Boskofsky.

Anchorage Police Detective Capt. Bianca Cross confirmed to Alaska’s News Source Monday that earlier this month, APD Detective Brendan Lee showed Cassandra’s cousin Marcella Boskofsky-Grounds and aunt Terri Boskofsky graphic photos from the cell phone of Smith, who was found guilty of murdering two Alaska Native women, Kathleen Henry, 30, and Veronica Abouchuk, 52, in February.

“I do believe strongly that she is another victim of Brian Steven Smith,” Boskofsky-Grounds said. “He (Detective Lee) asked me if I could look at another photograph that was actually in Brian Steven Smith’s phone … I looked through FaceTime and I could see that through FaceTime that yes, it was Cassandra.

“I just instantly started crying.”

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According to an affidavit, Boskofsky-Grounds said the last time she saw her cousin was on Aug. 3, 2019.

Twenty-three days later, she filed a missing persons report.

The family brought their concerns public Friday at a protest. They continue to wonder why it was not until this month when they were first informed about photos found on Smith’s phone — photos that were possibly of Cassandra.

Missing and Murdered Indigenous People advocate Antonia Commack joined the Boskofsky family at the protest.

Commack said as she and former Anchorage police officer Michael Livingston closely followed the Smith case, they noticed court documents in February started to mention a third unidentified woman, and immediately started asking questions.

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Eventually, Commack and Livingston say their questions led to police releasing a sketch and three pictures of the woman retrieved from Smith’s phone. They also say they urged police to contact the Boskofsky family so they could also view the photos.

“It’s disheartening that it took five years for them to do that and we identified her within an hour,” Commack said. “The fact that their family had to wait that long to have confirmation that their loved one is dead, is just it’s — I don’t even, I have a hard time finding the words because it makes me so angry.”

However, APD’s Cross said without hard evidence, there is no confirmation.

While the Boskofsky family may strongly feel the photos show Cassandra, Cross said that is not enough proof to determine if Cassandra is dead, which the police captain said is why photos were not immediately shown to the Boskofsky family.

On July 19, calling it a matter of closure, Boskofsky-Grounds said she filed a presumptive death petition in Anchorage Superior Court.

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Boskofsky-Grounds said she believes the officially unidentified woman from the photos is her cousin Cassandra.

In her email to Alaska’s News Source on Monday, Cross said nothing can be officially signed off on without forensic evidence.

“We were cognizant we would not be able to confirm the identity regardless of what the family believed, and that idea (of not being in a position to confirm) could be just as detrimental. Other names were suggested by various law enforcement, but again, no certainty,” Cross stated. “We believed it was better for the family to hear what we knew — as opposed to what people believed and put out in the public — without context or more information.”

A $500 reward remains for any information that leads to the discovery of Cassandra. Information can be reported anonymously at alaskathemissing@gmail.com .

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Alaska Supreme Court to hear appeal to ranked choice voting repeal measure Aug. 22

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Alaska Supreme Court to hear appeal to ranked choice voting repeal measure Aug. 22


By Sean Maguire

Updated: 30 minutes ago Published: 37 minutes ago

The Alaska Supreme Court is set to hear an appeal next month, challenging an initiative that seeks to repeal ranked choice voting and open primaries.

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Oral arguments were scheduled Friday on an expedited basis for Aug. 22 — two days after the primary election. The plaintiffs are requesting that the court issue a decision on whether the initiative is valid by Sept. 3, which is the Alaska Division of Elections’ target date to print ballots for the Nov. 5 general election.

The division in March certified that a group of Alaskans had successfully gathered enough signatures to put an initiative on the general election ballot to repeal Alaska’s new voting system — which was itself narrowly approved by voters through a 2020 ballot measure.

Three Alaska voters filed a lawsuit in April, challenging how the signatures were gathered, and how the Alaska Division of Elections allowed errors in petition booklets to be fixed. The plaintiffs asserted the repeal supporters had likely not collected enough valid signatures to qualify for the ballot.

Anchorage Superior Court Judge Christina Rankin threw out part of the lawsuit in June that challenged the petition booklet correction process. In July, Rankin disqualified dozens of booklets, after some had been left unattended, and ordered the division to determine if the repeal measure still qualified for the ballot.

After a short review, the Division of Elections said the initiative “remains qualified” for the general election ballot. Rankin’s final judgment in favor of the defendants was issued July 24.

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Scott Kendall, an attorney and one of the authors behind the 2020 ballot measure that implemented ranked choice voting, is representing the three plaintiffs. According to court documents, the plaintiffs assert that supporters of repealing Alaska’s new voting system “had not submitted a sufficient number of qualified signatures to the Division before two key statutory deadlines.”

The plaintiffs are appealing on two grounds. They say the Division of Elections used an unlawful process to allow the initiative supporters to fix errors in dozens of petition booklets, and that the the corrected booklets were impermissibly submitted after a statutory deadline.

Kendall said the appeal is intended to ask a novel question for the Alaska Supreme Court: “Do filing deadlines strictly apply to ballot measures as they do to candidate filings?”

If the court sides with the plaintiffs, Kendall said the ranked choice repeal measure would likely not have enough valid signatures to qualify for the ballot.

Former Alaska Attorney General Kevin Clarkson, who is appearing on behalf of the ranked choice repeal backers, said he felt confident Rankin’s decision was correct. He said the plaintiffs are not appealing “the part of the case they lost at trial.”

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“On the issue they are appealing, the statutes expressly permit the correction of petition booklet certifications before the signatures are counted,” Clarkson said.

Alaska’s voting system, first used in 2022, includes open nonpartisan primary elections. The top four vote-getters, regardless of party affiliation, advance to the general election. The general election is determined by ranked-choice voting, which will again be used this November.

Oral arguments are scheduled to start at 10 a.m. on Aug. 22. They will be livestreamed online on KTOO.





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OPINION: Open primary reflects the voting preferences of Alaska Native communities

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OPINION: Open primary reflects the voting preferences of Alaska Native communities


In 2022, Alaska became the first state in the country to run a top-four open primary in tandem with an instant runoff general election. Alaska also happens to have the largest proportion of Native peoples in the nation, followed by Oklahoma and New Mexico.

Closed primaries were a system through which political parties could control candidate selection and voter choice in our democratic elections. Consider a party primary much like having to win a high school basketball regional tournament in order to qualify to compete for the State title, but where only superfans or parents of the players are allowed to choose the teams.

Many commentators have speculated about the impact of the new open primary system on rural and Alaska Native voters. We set out to analyze the results of that first open primary election in 2022, to let the facts speak for themselves.

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There is no way to access records of individual Alaska Native voting behavior at the statewide level. But because there is a distinct group of predominantly Alaska Native communities in rural Alaska, we were able to compare the voter behavior in these communities to voter behavior in communities across the rest of the state. You can see our full report here.

Alaska’s primary elections are typically held during the waning days of summer, a valuable time for Alaska Natives who are hunting, fishing, and gathering their traditional foods before the winter. Extreme geography and adverse weather conditions often hobble precinct operations dependent upon a successful coordination between the Alaska Division of Elections, the U.S. Postal Service, air carriers that carry election equipment, and each precinct’s volunteer voting officials.

The already exciting 2022 open primary was made even more exciting by the special election an essential part of the new election law of 2020, and with an emergent election added to the calendar after the death of a larger-than-life Congressman Don Young in the middle of his term, After the dust settled, Alaskans had 48 different choices in the special election, including many well-known candidates.

Despite challenges with the vote-by-mail format introduced by the special election —with some rural districts posting a 16% rejection rate, four times that of the statewide average— two Alaska Natives nevertheless ranked in the top 5 vote getters! Rural voters then prepared for their first open primary and their first experience of ranked choice voting in the special general election.

We found that voters in predominantly Alaska Native communities were far more likely to vote for a slate of candidates in the open primary that would not have been possible under the previous, partisan system. This means that voters in Alaska Native communities were more likely than the average voter to support a combination of Republicans along with Independents, Democrats, and/or third-party candidates. It is an obvious difference. Voters across the rest of the state “crossover” voted at a rate of 47.4% in the 2022 primary, while voters in predominantly Alaska Native communities “crossover” voted at an astounding rate of 79.9%. This suggests that Alaska Native voters are especially well served by the open primary system.

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Our analysis also confirmed what has already been well-established: that there are significant and long-standing obstacles to voter education and voter participation that are unique to rural Alaska and many of these predominantly Alaska Native communities. Language barriers, lack of poll workers and post office staffing in rural villages, the gap between rural priorities and the urban political power centers — all of these things can and have made it harder for rural and Alaska Native people to participate in the process.

However, we found no evidence to suggest that reform is adding to these challenges, and much to indicate that it is not a contributing factor. Primary election turnout actually increased in predominantly Alaska Native communities from 2020 to 2022, correlating with the transition to the open primary. If someone tells you that the new election system discouraged Alaska Native voters from participating, they are likely not looking at the data, nor at history.

Rural priorities are not always best reflected by one party or the other. That’s one reason why Alaska Natives living in rural parts of the state may consistently choose to vote across party lines. It’s why election turnout in predominantly Alaska Native communities surged to incredible levels, at a rate of 70.6 percent when subsistence was on the ballot in 1982.

High turnout in rural Alaska during the subsistence fights of the 1980s and early 90s proves that low turnout in predominantly Alaska Native communities is not inevitable. But if we want to see increased voter participation from Alaska Native people, we need systems and choices that reflect our values and priorities. The open primary and ranked choice voting system seems like it may bring us one step closer to that future.

Going forward, we hope that Alaskans will continue to study and learn about these trends across multiple election cycles in Alaska under this new, open-primary system, including in predominantly Alaska Native communities. Most importantly, when it comes to understanding the impact of opening our elections, we hope that Alaskans will continue to rely on the guidance and expertise of the Alaska Native people who live in and represent these communities, in the same way they’ve successfully stewarded our lands for thousands of years.

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Michelle (Macuar) Sparck is the director of Get Out the Native Vote (GOTNV), a statewide nonprofit voter education organization based out of Anchorage under the Cook Inlet Tribal Council. Macuar, a member of the Qissunamiut Tribe of Chevak who grew up in Bethel, went on to become an experienced legislative aide in Washington, D.C. and Juneau.

The views expressed here are the writer’s and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.





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