On Monday, October 14, 2024, the Anchorage Daily News reported that the legal repercussions stemming from the resignation of former Alaska federal judge Joshua Kindred are intensifying. At least one criminal case previously overseen by Kindred is set to undergo a retrial, while a prominent opioid-related conviction involving a healthcare provider is now being contested.
Joshua Kindred resigned in July 2023 following an investigation by the 9th Circuit Judicial Council. The inquiry revealed that he fostered a hostile work environment, engaged in a sexual relationship with a law clerk, and exchanged inappropriate texts with two attorneys who appeared before him in court, one of whom was an Alaska federal prosecutor.
The U.S. Attorney’s Office for Alaska has identified numerous cases where Kindred’s actions created a potential conflict of interest, raising concerns about his impartiality during trials. Notably, during the trial of Jessica Spayd, a nurse practitioner accused of overprescribing opioids—resulting in the deaths of five patients—Kindred was allegedly texting the law clerk with whom he was having a romantic relationship.
Spayd’s trial took place in 2022, and during this period, the law clerk, who was employed by the Alaska U.S. Attorney’s Office, reportedly communicated with Kindred while seated in the courtroom. Legal filings from Spayd’s attorney assert that neither the assistant U.S. attorney nor Kindred disclosed their relationship or interactions to Spayd throughout the four-week trial. The trial concluded on October 28, 2022, resulting in a guilty verdict for Spayd, who was subsequently sentenced to 30 years in prison.
The Spayd case is regarded as significant, with the U.S. Attorney’s Office labeling it as the deadliest drug offense in Alaska’s history. In light of the new allegations regarding judicial misconduct, Spayd’s legal team is advocating for a new trial, arguing that the undisclosed relationship between Kindred and the law clerk compromised the integrity of the proceedings.
In addition to Spayd’s case, further revelations have emerged regarding other convictions tied to Kindred. Recently, a visiting federal judge from Oregon granted a new trial for Rolando Hernandez-Zamora, who was convicted of cyberstalking his ex-girlfriend. Reports indicate that the judge’s decision was based on grounds of judicial misconduct, specifically involving a senior federal prosecutor, Karen Vandergaw, who had sent inappropriate photos to Kindred.
Vandergaw’s involvement led to her removal from multiple cases associated with Kindred during the judicial council’s investigation. Concerns have been raised about the extent of her influence in cases handled by Kindred, further complicating the legal landscape surrounding his tenure.
Jamie McGrady, head of the Alaska Federal Defender Agency, noted that neither Hernandez-Zamora’s nor Spayd’s cases were initially flagged for potential conflicts of interest by the U.S. Attorney’s Office. McGrady expressed frustration over the U.S. Attorney’s reluctance to cooperate with disclosure requests, suggesting that the ongoing secrecy might be an attempt to shield government misconduct from public scrutiny.
As more information becomes available, it is anticipated that additional defendants may seek to challenge their convictions based on the emerging disclosures regarding Kindred’s conduct. The U.S. Attorney’s Office has not addressed specific inquiries about sealed filings or the nature of their disclosures to the public. However, they stated that they are cooperating with ongoing investigations and adhering to legal obligations regarding confidential information.
The fallout from Kindred’s resignation and the subsequent challenges to convictions illustrate a growing concern about judicial integrity in Alaska’s legal system. As cases continue to unfold, the implications of Kindred’s actions may extend beyond individual trials, potentially affecting numerous defendants who find themselves reconsidering their legal standing in light of these developments.
Source: Anchorage Daily News
