Trial Court No. 3AN-05-11802 CR Appeal from the Superior Court, Third Judicial District, Anchorage, John Suddock, Judge.
The opinion of the court was delivered by: Bolger, Judge.
The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts.
303 K Street, Anchorage, Alaska 99501 Fax: (907) 264-0878 E-mail: corrections at appellate.courts.state.ak.us
Before: Coats, Chief Judge, and Mannheimer and Bolger, Judges.
Bradley Proctor was convicted of two counts of assault after a jury trial in which he claimed self-defense. On appeal, Proctor argues that the trial judge should not have admitted testimony about his reputation for violence in prison. We conclude the judge could reasonably conclude that the prison population was a group with whom Proctor habitually associated and that the admission of this evidence did not violate Proctor's right to cross-examination.
Proctor also contends that the judge should not have allowed one alleged victim to testify using diagrams she prepared after she was present for the other victim's testimony. We conclude that the judge was not required to exclude the testimony of the alleged victim or limit her use of these diagrams.
Sharon Lamar and Jennifer Putnam lived together in an apartment near Bradley Proctor. Both women are deaf and communicate using sign language. On December 11, 2005, Proctor and Putnam went to two bars, then returned to Proctor's apartment, where they used cocaine. Lamar testified that she went to Proctor's apartment to urge Putnam to come home. Proctor convinced Lamar to purchase some cocaine for him. Lamar returned with the cocaine, but Proctor became angry, saying that it tasted like soap. Lamar tried to calm Proctor down, but he hit her in the mouth. Putnam then tried to separate the two, and Proctor broke her nose. Proctor told the women to clean up the blood, but Putnam's nose continued to bleed.
Lamar testified that Proctor locked the front door and moved a chair against the door to keep them from leaving. When Lamar tried to call for help, Proctor started kicking her face and body. At one point, Proctor held both women in choke holds until Putnam passed out.
In his defense, Proctor gave a different version of the events. He testified that Lamar came to the apartment and tried to get Putnam to come home. Lamar became so loud that Proctor asked her to leave. But Lamar returned, kicked in the door, and then grabbed a steak knife and attacked Proctor. Proctor testified that while he was trying to defend himself, Putnam began hitting him with a small coffee table, and he backhanded her in the nose.
Troy Hall, Proctor's neighbor, testified that he was awakened by loud banging sounds. Hall recognized Proctor's voice repeatedly yelling "Do you want to die?" Hall also heard another voice, muffled but screaming "No, no, please stop, no, no, no." Hall banged on Proctor's door and Proctor came out yelling incoherently. While Hall was calling the police, one woman came crawling out of Proctor's apartment. Proctor stomped on her back and began slamming her head into the entryway floor. Then a second woman came out of Proctor's apartment and fell down.
When the police arrived, the women were bloody and laying face down in the snow. Lamar and Putnam were taken to the hospital and Proctor was taken into custody.
Proctor's charges included first-, second-, and third-degree assault of Lamar,*fn1 and first- and second-degree assault of Putnam.*fn2 The jury found Proctor not guilty of the assaults against Putnam and not guilty of the first-degree assault of Lamar, but they convicted Proctor of second- and third-degree assaults against Lamar.
At sentencing, Superior Court Judge John Suddock rejected Proctor's proposed mitigating factor, and sentenced him to 10 years' ...