GUILTY AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*

[Niner]

Oops - I missed a couple of hearings while I was gone.... but looks like they were all reset & looks like his trial has been rescheduled.

09/19/2019 02:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Hearing Reset Temple, Thomas I

09/24/2019 02:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Hearing Reset Temple, Thomas I

10/04/2019 08:45 AM Courtroom 404, Fairbanks Courthouse Hearing Hearing Held Temple, Thomas I

10/07/2019 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Hearing Reset Temple, Thomas I

12/19/2019 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Temple, Thomas I

12/24/2019 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

01/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...JfCDdFEVdB*WU7ZteqaqgiOH9GYICE0XUuGTgMGOLax6g

 

[Niner]

Some motions filed by defendant:

09/12/2019 Order Granting Motion Case Motion #4 Defense's Unopposed Motion to Continue Trial

09/18/2019 Order Re: Rule 45 Calculation

11/25/2019 Defendant's Motion to Suppress Third Party DNA Evidence Attorney: Spaulding, Frank Eleazar (0006034) Filing Party: Downs, Steven Harris Case Motion #5

11/25/2019 Motion to Suppress Attorney: Spaulding, Frank Eleazar (0006034) Filing Party: Downs, Steven Harris Case Motion #6

11/25/2019 Defendant's Motion to Dismiss and Memorandum of Law in Support Thereof Attorney: Spaulding, Frank Eleazar (0006034) Filing Party: Downs, Steven Harris Case Motion #7

link: https://records.courts.alaska.gov/e...dBhopsFa-eT4ruHl9ZBclVQbscMLGuBKqiDbUQmHKmfwQ

 

[imstilla.grandma]

Downs' lawyers are asking a judge to not only dismiss the indictment against Downs but to also suppress the DNA evidence that linked him to the murder.

Regarding the DNA found on Sergie's body, defense lawyers said the evidence appears to have been mishandled.

Downs is scheduled to appear in court in Fairbanks on Dec. 18 when a hearing will be held to assess the status of his case, his lawyer said.
'Do you smell turkey?': Florida woman says gator knocked on her door with its tail

 

[imstilla.grandma]

Downs' lawyers are asking a judge to not only dismiss the indictment against Downs but to also suppress the DNA evidence that linked him to the murder.

Regarding the DNA found on Sergie's body, defense lawyers said the evidence appears to have been mishandled.

Downs is scheduled to appear in court in Fairbanks on Dec. 18 when a hearing will be held to assess the status of his case, his lawyer said.
'Do you smell turkey?': Florida woman says gator knocked on her door with its tail

 

[Niner]

Downs' lawyers are asking a judge to not only dismiss the indictment against Downs but to also suppress the DNA evidence that linked him to the murder.

Regarding the DNA found on Sergie's body, defense lawyers said the evidence appears to have been mishandled.

Downs is scheduled to appear in court in Fairbanks on Dec. 18 when a hearing will be held to assess the status of his case, his lawyer said.
'Do you smell turkey?': Florida woman says gator knocked on her door with its tail

That date in the article is incorrect - per court site & my post #61 above:

12/19/2019 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Temple, Thomas I

Just wanted to keep it straight for people waiting for this hearing....

 

[Jim_M]

Downs' lawyers are asking a judge to not only dismiss the indictment against Downs but to also suppress the DNA evidence that linked him to the murder.

Regarding the DNA found on Sergie's body, defense lawyers said the evidence appears to have been mishandled.

Downs is scheduled to appear in court in Fairbanks on Dec. 19 (ETA from Niner's notes about this date.) when a hearing will be held to assess the status of his case, his lawyer said.
'Do you smell turkey?': Florida woman says gator knocked on her door with its tail

Waiting patiently for LE to refute the 'hail mary' that the defense is throwing out there. And I certainly hope LE has all of their ducks in a row, their i's dotted, and t's crossed. We must be able to utilize all tools that bring the bad guys into the light.

ETA Date change in quoted post

 

[Niner]

More motions filed....

12/05/2019 Non-Opposed Motion to Extend Deadline to Reply to Defendant's Motions
Attorney: District Attorney (4FA) (DA4FA)
Filing Party: State of Alaska
Case Motion #8

12/12/2019 Order Granting Motion
Case Motion #8
Non-Opposed Motion to Extend Deadline to Reply to Defendant's Motions

12/16/2019 Defendant's Motion in Limine Pertaining to Miscellaneous Evidentiary Issues
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #9

12/16/2019 Defendant's Motion in Limine to Exclude Evidence or Opinion Testimony Pertaining to the Timeframe that DNA Came into Contact with the Victim
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #10

12/16/2019 Defendant's Motion in Limine to Exclude Evidence of Defendant's Possession of Weapons
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #11

12/16/2019 Defendant's Motion in Limine to Exclude all Evidence of DNA
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #12

link: https://records.courts.alaska.gov/e...ajFinCbM7nrSbLZJg5bx5gAQNBinc0oSxPc1vX9PKX2Dg

 

[Niner]

Here's an article on ALL the motions filed by the defense on Monday.

Maine man seeks dismissal of DNA evidence in Alaska rape and murder case

 

[Niner]

Thursday, December 19th:
*Omnibus Hearing (@ 1:30pm ET) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (44/18 @ time of crime) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP))
Trial scheduled to begin on 1/6/20.
Court information from 2/19/19 thru 8/16/19 reference post #60 here:
AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*
9/19/19 Update: Hearing was reset as was the one for 9/24 & 10/7. Had hearing on 10/4. Next Omnibus hearing on 12/19, Calendar Call hearing on 12/24 and trial will start on 1/6/20. 11/25/19: Filed by Defense: Order Granting Motion (#4) for continuance. Motion (#5) to Suppress Third Party DNA Evidence. Motion (#6) to Suppress. Motion (#7) to Dismiss and Memorandum of Law in Support Thereof.
12/16/19 Update: Motion (#8) to extend deadline to reply to defendant's motions-granted. Motion (#9) defendant's Motion in Limine pertaining to miscellaneous evidentiary issues; Motion (#10) defendant's Motion in Limine to exclude evidence or opinion testimony pertaining to the timeframe that DNA came into contact with the victim; Motion (#11) defendant's Motion in Limine to exclude evidence of defendant's possession of weapons & motion (#12) defendant's Motion in Limine to exclude all evidence of DNA.

 

[Niner]

and his trial was moved....

12/19/2019 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Hearing Continued Temple, Thomas I

12/24/2019 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Hearing ResetTemple, Thomas I

01/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Hearing Reset Temple, Thomas I

01/14/2020 02:45 PM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Temple, Thomas I

02/20/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Temple, Thomas I

03/24/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

04/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...q-B*sa4inZUwanXvR1GsZk83WU6JhnX29RTeGDihjudnQ

 

[Niner]

Anyone hear anything on all the motions filed by defense - especially the excluding DNA??!!
TIA!

 

[dotr]

Defense seeks to have cold case charges tossed in Alaska
November 27, 2019
"AUBURN, Maine (AP) - The lawyer for a Maine man charged in a rape and killing more than 25 years ago at the University of Alaska Fairbanks wants a judge to dismiss the case, citing alleged flaws in the investigation and raising questions about the DNA evidence.

Attorney James Howaniec wrote in a series of motions filed Monday that the crime scene was “badly botched,” the investigation was flawed and that the only physical evidence consists of “few spermatozoa molecules,” the Sun Journal reported."

"The defense said the crime scene was a mess because more than a dozen people had entered the bathroom where Sergie’s body was found before police investigators arrived. None of the physical evidence found at the crime scene, including body and pubic hair, fingerprints, blood, and a boot print, was a match to Downs, the defense said.

The defense also contends another man allegedly confessed to his sister that he killed Sergie. The other man, who was later arrested in connection with a different homicide, has a history of violence against women, according to the court documents."

 

[Niner]

Oh a S.O.D.D.I. defense....

 

[Niner]

Tuesday, January 14th:
*Evidentiary Hearing (@ 2:45pm ET) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (44/18 @ time of crime) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP)).
Trial was scheduled to begin on 1/6/20 moved to 4/6/20. Will run for a week.
Court information from 2/19/19 thru 12/16/19 reference post #69 here:
AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*
12/19/19 Update: Hearing was continued. And hearing on 12/24/19 & 1/6/20 have been cancelled. Next evidentiary hearing on 1/14/20, Omnibus hearing 2/20, Calendar Call hearing on 3/24, and trial will start on 4/6/20 for a week.

 

[Niner]

01/14/2020 02:45 PM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Temple, Thomas I

02/20/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior CourtTemple, Thomas I

03/24/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

04/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...7x6bR9TP5mdeWPrAbzQ1PmthoLjaac4evSFECwqH9EFig

 

[Niner]

Judge denies Steven Downs’ claim that his rights to a speedy trial were violated

Posted: Tue 6:12 PM, Jan 14, 2020

FAIRBANKS, Alaska (KTVF) A judge has ruled that Steven Downs' rights to a speedy trial were not violated by delays in transporting him from Maine to Alaska.

According to Alaska Criminal Rule 45, the prosecution has 120 days to bring someone to trial. It took 82 days to transport Downs to Alaska. Attorney James Howaniec had been arguing that the delay made it impossible to bring the case to trial in 120 days.

Judge Temple heard testimony from an Alaska State Trooper and U.S. Marshall regarding what caused the delays and agreed with the State that because of extenuating circumstances in transporting Downs, Rule 45 was not violated.
[.....]
Howaniec said in a text statement, “We’re not troubled by the decision. We are happy that we’ll be moving forward on our motions to dismiss and suppress evidence in April.”

Those hearings on the motions are set for the week of April 13.

 

[jaejae]

Here is another recent report about this case:

Auburn man’s murder and sexual assault trial slated for September in Alaska:


Steven Downs appears in Androscoggin County Superior Court in Auburn in March 2019 for an extradition hearing. Russ Dillingham/Sun Journal file


A local attorney representing Steven H. Downs, 45, said Fairbanks, Alaska, Superior Court Judge Thomas I. Temple has blocked out the month of September for Downs’ trial.

Lead defense attorney James Howaniec said the judge also scheduled the week of April 13 to hear several motions the defense has filed in the case, including a motion to dismiss the charges against his client and motions to suppress evidence against him.

Downs was charged in February 2019 in the slaying of Sophie Sergie, a 20-year-old resident of Pitkas Point, Alaska. She had been staying with a friend in a residence dormitory on the school campus where Downs lived.

 

[Niner]

Docket:
01/14/2020 Order Denying Motion
Case Motion #3
Defendant's Memorandum of Law Concerning Rule 45 Deadline


Hearings:
01/14/2020 02:45 PM Courtroom 404, Fairbanks Courthouse Evidentiary Hearing Hearing Held Temple, Thomas I

02/20/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Hearing Reset Temple, Thomas I

03/24/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Hearing Reset Temple, Thomas I

04/01/2020 03:45 PM Courtroom 404, Fairbanks Courthouse Status Hearing Temple, Thomas I

04/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Hearing Reset Temple, Thomas I

04/13/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/14/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/15/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/16/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/17/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

08/20/2020 01:30 PM Courtroom 305, Fairbanks Courthouse Omnibus Hearing: Superior Court McConahy, Michael P

08/25/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

09/07/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...fKhKcJXoTlyXYMS9OvltOcSqP0FB*T*cqd4IGA*l6v4Og

 

[Niner]

Thursday, February 20th:
*Omnibus Hearing (@ 1:30pm AKST) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (44/18 @ time of crime) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP))
Trial was scheduled to begin on 1/6/20 moved to 4/6/20 and reset for 9/7/20. Will run for a week.
Court information from 2/19/19 thru 12/16/19 reference post #69 here:
AK - Sophie Sergie, 20, UAF student, murdered, Fairbanks, 26 April 1993 *Arrest in 2019*
12/19/19 Update: Hearing was continued. And hearing on 12/24/19 & 1/6/20 have been cancelled. Next evidentiary hearing on 1/14/20, Omnibus hearing 2/20, Calendar Call hearing on 3/24, and trial will start on 4/6/20 for a week. 1/14/20: Next Omnibus hearing on 2/20/20. Also motion to suppress hearing on 4/13.
1/15/20 Update: Trial motion for continuance-granted. Trial for 4/6/20 has been reset to 9/7/20. Next Omnibus hearing on 2/20, Calendar Call hearing on 3/24, Status hearing on 4/1, Motions hearings from 4/13 to 4/17, Omnibus hearing on 8/20 & Calendar Call hearing on 8/24.

 

[Niner]

Docket: More motions filed...

01/16/2020 Defendant's Motion to Dismiss Indictment
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #13

01/17/2020 Response to Defendant's Motion to Dismiss and Request to Strike Due to Failure to COmply with Criminal Rule 42(b)
Attorney: Office of Special Prosecutions (OSP)
Case Motion #7: Defendant's Motion to Dismiss and Memorandum of Law in Support Thereof

01/17/2020 Opposition to Defendant's Motion (linked to motion)
Attorney: Office of Special Prosecutions (OSP)
Case Motion #5: Defendant's Motion to Suppress Third Party DNA Evidence

01/17/2020 Opposition to Defendant's Motion (linked to motion)
Attorney: Office of Special Prosecutions (OSP)
Case Motion #13: Defendant's Motion to Dismiss Indictment

01/23/2020 Defendant's Unopposed Motion to Enlarge Time to File Replies to State's Responsive Pleadings
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #14

01/24/2020 Order Granting Motion
Case Motion #14
Defendant's Unopposed Motion to Enlarge Time to File Replies to State's Responsive Pleadings

02/05/2020 Certificate of Service (linked to motion)
Attorney: Office of Special Prosecutions (OSP)
Case Motion #5: Defendant's Motion to Suppress Third Party DNA Evidence, Case Motion #7: Defendant's Motion to Dismiss and Memorandum of Law in Support Thereof, Case Motion #13: Defendant's Motion to Dismiss Indictment

02/05/2020 Certificate of Service And Typeface
Office of Special Prosecutions (Attorney) on behalf of State of Alaska (Prosecution)

02/10/2020 Non-Opposed Motion for Extension of Time to Respond to Defendant's Motion to Suppress
Attorney: Office of Special Prosecutions (OSP)
Filing Party: State of Alaska
Case Motion #15

02/13/2020 Defendant's Unopposed Motion to Further Enlarge Time to File Replies to State's Responsive Pleadings
Attorney: Spaulding, Frank Eleazar (0006034)
Filing Party: Downs, Steven Harris
Case Motion #16

02/14/2020 Order Granting Motion
Downs, Steven Harris
Case Motion #16
Defendant's Unopposed Motion to Further Enlarge Time to File Replies to State's Responsive Pleadings

02/14/2020 Order Granting Motion
State of Alaska
Case Motion #15
Non-Opposed Motion for Extension of Time to Respond to Defendant's Motion to Suppress


Hearings:

02/20/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Omnibus Hearing: Superior Court Hearing Reset Temple, Thomas I

03/24/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call-Hearing Reset Temple, Thomas I

04/01/2020 03:45 PM Courtroom 404, Fairbanks Courthouse Status Hearing Temple, Thomas I

04/06/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week-Hearing Reset Temple, Thomas I

04/13/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/14/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/15/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/16/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

04/17/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Motion Hearing Temple, Thomas I

08/20/2020 01:30 PM Courtroom 305, Fairbanks Courthouse Omnibus Hearing: Superior Court McConahy, Michael P

08/25/2020 01:30 PM Courtroom 404, Fairbanks Courthouse Calendar Call Temple, Thomas I

09/07/2020 08:30 AM Courtroom 404, Fairbanks Courthouse Scheduled Trial Week Temple, Thomas I

link: https://records.courts.alaska.gov/e...z6eZp4aX4G2J3wh7HZ6XP-OFRQ8g0foQAbKJWvUH4*OQg