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A musical alibi
Published Friday, July 11, 2008
Fairbanks Marvin Roberts’ claimed alibi rests upon observers who recall him dancing at the Eagles Hall at the approximate time John Hartman suffered his fatal assault.
But was anyone dancing during those fateful minutes?
According to the prosecution’s final pair of witnesses, the band was on break when a 911 caller reported an unrelated robbery near the Eagles.
Nick Monroe, a member of the band playing that night in October 1997, testified that he was on break when he first heard that someone associated with the reception had been kicked or hurt. Reception guest Claude Andrew Koyukuk also remembered the band taking a breather as he saw relatives bandaging Franklin Dayton, who’d staggered into the hall following a mugging.
Others described Roberts dancing or heading for the dance floor just before Dayton’s return caused a stir.
Gareth Edwin, of Nenana, described Roberts among those listening as word spread of the crime.
Eileen Newman’s account encompassed both aspects. Her niece begged off a trip to the ladies room to dance with Roberts. On her return, Newman testified, she bumped into Dayton’s relatives using the pay phone for that 911 call.
Citing the band’s break, prosecutor Jeff O’Bryant challenged Roberts alibi. “He can’t be dancing when there’s no music.”
Defense attorney Dick Madson reminded jurors another witness mentioned hearing about the mugging as he came off the dance floor.
“What does that mean?” Madson asked. “He wasn’t out there dancing when there was no music going on. It means the band was playing.”
By all accounts, few in the rocking crowd kept close watch on the clock. Only one event taking place within the hall that night is time certain: Police at 1:35 a.m. logged the 911 call reporting Dayton’s assault. That roughly coincides with Hartman’s fatal beating a half mile away.
Hours of recorded police and emergency traffic survive in the Hartman case files. Audio of that particular 911 call might shed light on the band’s activity. However, that call wasn’t found on case tapes reviewed for this story.
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