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Mack v. State5/19/2004
Marlon Ray Mack was convicted of first-degree murder for killing his girlfriend, Allison Ward. He was sentenced to 99 years' imprisonment, with no eligibility for discretionary parole until he serves 66 years of this sentence. Mack now appeals both his conviction and his sentence.
Mack's primary claim is that the State denied him due process of law when the police sent several boxes of Ward's belongings to Ward's mother in the State of Washington. Ward's mother sorted through these items and ultimately threw many of them away before Mack's trial. Mack claims that some of these belongings - in particular, an address book - might have contained names and addresses of other people who might have murdered Ward.
But when this issue was litigated in the superior court, the court concluded (after hearing the testimony of several witnesses) that Mack's attorney had consented to have Ward's belongings released to her mother, with no restriction on the mother's disposition of the property. Moreover, the superior court also concluded that Mack's claim of lost evidence rested only on speculation as to the contents of Ward's belongings. For the reasons explained in this opinion, we conclude that the record supports both of the superior court's findings.
Mack also contends that the superior court should not have allowed the State to present certain portions of the police interviews with Ward's four-year-old son, Jerrad (who was present in the house when the homicide occurred). In particular, Mack objects to two statements that Jerrad made to the police in which he asserted that, on one or more unspecified occasions, Mack hit him in the head. As we explain here, this testimony was arguably relevant to establish Mack's identity as the murderer. Moreover, even if this information should not have been admitted, it did not prejudice the jury's consideration of the case.
Finally, Mack contends that his 99-year prison term is excessive, and that the superior court should not have restricted his eligibility for discretionary parole. For the reasons explained here, we conclude that the superior court's sentencing decision was not clearly mistaken.
Underlying Facts
In the early afternoon of April 1, 1999, Mack called the Anchorage Police Department to report that his girlfriend, Allison Ward, was dead. When the police arrived, the door was answered by Ward's four-year-old son, Jerrad, but Mack was also in the house.
Ward had been strangled with a brassiere; her body also bore several signs of blunt force trauma. When Jerrad Ward was interviewed by the police, he told them that he saw Mack fight with his mother and then tie the brassiere around her neck.
The police took tissue samples from underneath Mack's fingernails and underneath Ward's fingernails. DNA matching Ward's DNA was found underneath Mack's fingernails; the chance of finding matching DNA from someone other than Ward was calculated at less than one in 1000 billion. In addition, DNA matching Mack's was found underneath Ward's fingernails; the chance of finding matching DNA from someone other than Mack was calculated at one in 95 billion.
Mack's claim that the State violated his right to due process of law when the State released Ward's belongings to her mother
Ward had moved to Alaska from the State of Washington only a couple of weeks before she was murdered. Many of Ward's personal effects were being stored at the home of Bessie Tuckfield, a friend of Ward's. These belongings consisted mostly of clothing, toiletries, and other household items, but they also included an envelope full of papers and an address book. When the police interviewed Tuc
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