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Edenshaw v. State3/31/2004
James Edenshaw appeals the superior court's revocation of his felony probation and the court's decision to impose the remaining 3 years of his sentence.
In 1979, Edenshaw raped a ten-year-old girl after breaking into her hotel room. Edenshaw claimed that he lost control of himself because of intoxication; indeed, he claimed that he was so drunk that he remembered nothing of this incident. Edenshaw was convicted of rape (under Alaska's former criminal code) and sentenced to 7 years in prison.
While Edenshaw was in prison, he entered sex offender treatment but was later dismissed from the program because he was resistant to treatment; in particular, he denied that he had raped the girl. Edenshaw was paroled because of accumulated good time credit, but he was arrested three weeks later for drinking (a violation of his conditions of parole). The Parole Board returned Edenshaw to prison for 15 days, and then they re-paroled him to a residential treatment program. Two weeks later, Edenshaw was picked up for driving while intoxicated. This time, he was returned to prison to serve the rest of his sentence.
Edenshaw was ultimately released from prison in March 1986. One year later, in March 1987, Edenshaw raped a twelve-year-old boy. After his arrest, Edenshaw claimed to have drunk a large quantity of alcoholic beverages that night, and he later attributed his assault on the boy to intoxication. Edenshaw ultimately reached a plea bargain with the State: he agreed to plead no contest to attempted first-degree sexual assault, and the State agreed to a sentence cap of 10 years to serve. In conformity with this agreement, Edenshaw was sentenced to 15 years' imprisonment with 5 years suspended.
Edenshaw was paroled in April 1994, and he began attending substance abuse treatment and sex offender treatment, but in February 1995 Edenshaw was arrested for violating his parole after he was discovered with a blood alcohol level of .207 percent. While Edenshaw was incarcerated on this probation violation, he refused to participate in sex offender treatment.
Edenshaw was again released from prison in July 1997. One year later (June 1998), Edenshaw's out-patient sex offender treatment was discontinued because Edenshaw "did not appear to benefit" from the sessions.
In August 1999, the police were called to Edenshaw's residence because of a reported fight between Edenshaw and his wife. Edenshaw admitted that he had been drinking beer and smoking marijuana. Based on this conduct, the superior court revoked Edenshaw's probation and sentenced him to serve 2 years of the previously suspended 5 years. The judge who imposed this probation revocation sentence told Edenshaw that, if he returned to court for another alcohol violation, the judge would impose all of Edenshaw's remaining suspended time.
Edenshaw was released from prison in May 2001. Eight months later, in January 2002, he was arrested for consuming alcoholic beverages during a "party" with a woman on a boat in Ketchikan. There was some indication that Edenshaw had sexually assaulted the woman after she passed out. The woman later woke up naked, bruised, and having injuries consistent with vaginal and anal sexual penetration. Moreover, when Edenshaw was contacted about his activities with the woman, he gave several inconsistent stories, and the police discovered that he had shaved off all of his pubic hair. However, the district attorney's office ultimately concluded that they could not prove a sexual assault charge against Edenshaw, so the State only pursued a probation revocation petition based on the allegation that Edenshaw had been drinking.
Superior Court Judge Trev
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