JUNEAU, Alaska — The Alaska Court of Appeals has upheld rulings in the conviction of a Juneau man on second-degree sexual assault and third-degree assault charges.
Alper R. Johnson was found guilty in 2008 for the rape of a Juneau woman at a party. He appealed, alleging that his attorney was ineffective because she did not object to two statements made by the prosecutor.
The court found that Johnson’s defense attorney had no grounds to object to the statements, and therefore could not be found to be incompetent, the Juneau Empire reported (http://bit.ly/2wD7YHJ). His appeal was denied.
Johnson also sought to claim there was new evidence because the victim allegedly falsely accused men of committing violent crimes against her, three years after Johnson’s trial. The Superior Court dismissed that claim because there was no discussion of how the new evidence directly related to his case.
During the trial, the victim testified that she had been drinking and then met Johnson at the home of a friend. She said she went to sleep and woke up to find Johnson raping her with his hand around her neck. She said she scratched him on the face and neck.
Appeals Court Judge John Suddock noted the evidence at Johnson’s trial included testimony from the victim, as well as DNA evidence, scratches on his face and neck, and his initial alibi defense, which he abandoned at trial in favor of a consent-based defense.