On Wednesday, August 14, 2024, Bloomberg Law reported that a federal public defender in Alaska had accused the U.S. Attorney’s Office of attempting to force a judge’s recusal in a murder case last year by adding a prosecutor to the trial team who had an inappropriate relationship with the judge.
According to Bloomberg Law, in early 2023 senior prosecutor Karen Vandergaw suddenly joined the prosecution in a case overseen by Judge Joshua Kindred, who at the time was one of only two active federal judges in Alaska. For months prior, Judge Kindred’s cases involving Vandergaw had been reassigned to other judges, though the reason was not disclosed to the Alaska federal defender’s office.
Gary Colbath, the Alaska federal defender’s office No. 2, told Bloomberg Law he confronted the lead prosecutor James Klugman about his suspicions regarding Vandergaw’s addition to the trial team. Colbath believed it was a strategic attempt to cause Judge Kindred’s recusal from the case, as the judge had a reputation for being more lenient toward criminal defendants. The next business day, after Colbath raised concerns, Vandergaw withdrew from the prosecution team without explanation.
It was later revealed in a judicial order that Judge Kindred had engaged in sexually harassing conduct toward a law clerk and created a hostile work environment. The order also found Judge Kindred had an inappropriate “flirtatious rapport” and received nude photographs from an unnamed senior prosecutor, who multiple sources have since identified as Vandergaw.
In the wake of these revelations, both the U.S. Attorney’s Office and federal defender’s office have launched reviews of Judge Kindred’s past cases for potential conflicts of interest, with the Justice Department providing a veteran attorney to assist the Alaska offices. So far, over 40 cases have been identified as requiring scrutiny. Vandergaw appeared or was involved in nearly three dozen of these cases, while Klugman worked on at least 13.
Legal experts contacted by Bloomberg Law said it would be inappropriate for a prosecutor office to add an attorney to a case simply to force a judge’s recusal. The U.S. Attorney’s Office declined to comment on the allegations, and prosecutors have not provided any explanation for Vandergaw’s sudden addition and withdrawal from the prosecution team.
Private defense attorneys are also examining current and past cases before Judge Kindred, given the conflicts. One man convicted of cyberstalking has asked for his case to be dismissed, noting Vandergaw’s known presence in the courtroom during his entire trial before Judge Kindred. Motions have also been filed questioning cases involving the U.S. Attorney’s Office due to Judge Kindred’s inappropriate relationship with its lawyers.
The murder case that prompted the original allegations remains under review. Judge Kindred had acknowledged his reputation as a more lenient sentencer and said he approached sentencing with optimism for change. His continued involvement in the case despite the known conflicts has drawn scrutiny from the defense.
The tangled web of conflicts resulting from Judge Kindred’s misconduct has shaken confidence in past cases he oversaw and embroiled the Alaska U.S. Attorney’s Office in allegations of maneuvering to avoid an unfavorable outcome. The ongoing reviews aim to determine the full impact on the integrity of the local federal justice system.
Source: Bloomberg Law
