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PETERSEN v. STATE12/20/1996
picked up her child.
The next day (December 4th), Larson telephoned I.H. to tell her that she needn't go to work because he had "trashed" her office. (It turned out that this was not true.) On December 8th, Larson appeared at I.H.'s door at 1:00 a.m. and asked her to talk with him; when I.H. declined, Larson sat in a
truck outside I.H.'s apartment building until the police came and asked him to leave.
On December 10th, Larson repeatedly called I.H. at work. Later that day, he confronted her at the UniSea Bar (where she was seated with a group of friends). Using vulgar language, Larson accused several of the men in the group of having had sex with I.H.. When I.H. asked Larson to leave, he told her, "Don't bother driving the car tonight; it won't start." He also told her, "I'm going to ruin your night. I'm going to screw up your life. You're a bitch."
I.H. took a cab back to her apartment. As she was putting her key in the lock, she became aware that Larson was behind her. Larson said, "You fucking bitch, I'm going to kill you. You're the next Nicole Simpson." Although I.H. was scared, she shoved Larson away; then she finished unlocking the door and went inside. Once inside her apartment, she had a friend call the police. When the police arrived, they found Larson at a nearby phone booth; they arrested him.
Larson was indicted for first-degree stalking under two theories: first, that he had previously been convicted of violating a domestic violence restraining order, AS 11.41.260(a)(5), and second, that he had previously been convicted of assaulting I.H., AS 11.41.260(a)(6)(A). Under a subsequent plea agreement, Larson pleaded no contest to a reduced charge of second-degree stalking, reserving his right to attack the constitutionality of the statute. Cooksey v. State, 524 P.2d 1251, 1255-57 (Alaska 1974).
Facts of the Case: Colbry
Donald Colbry was married to E.H. for several years; their family included two children from Colbry's former marriage, as well as a daughter of their marriage. After the birth of their daughter, Colbry began drinking and manifested a tendency toward violence. In May 1993, E.H. asked Colbry to agree to a dissolution. Colbry initially agreed, but he delayed leaving the house. He finally moved out in August 1993.
During September 1993, Colbry telephoned E.H. three or four times a day, both at home and at work. He threatened to fight for custody of their daughter and to "take [E.H.] for everything had". Colbry also threatened J.L., a man whom he suspected of being romantically involved with E.H.. Toward the end of September, Colbry assaulted E.H.; she called the troopers, who took Colbry away, but no criminal charges were filed against Colbry at that time.
Two weeks later, on October 10, 1993, Colbry again assaulted E.H.; he slapped her and pushed her through a screen door. This time, E.H. decided to seek judicial intervention. Accompanied by J.L., she went to the courthouse and obtained a domestic violence restraining order against Colbry. The magistrate who issued the order telephoned Colbry from court and informed him that he was now forbidden from contacting E.H..
E.H. and J.L. left the courthouse in separate cars. Colbry drove past in the opposite direction; seeing their cars, Colbry turned around and began to pursue J.L. at high speed. J.L. drove to the State Trooper headquarters on Tudor Road. As J.L. was telling the troopers about Colbry's actions, Colbry drove up and told the troopers that J.L. had tried to run him off the road. Then, in the trooper's presence, Colbry informed J.L. that he was going to kill him.
When Colbry drove away from
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