Date: 07-04-2013

Case Style: State of Alaska v. Richard Corum

Case Number:

Judge:

Court: Superior Court, Juneau, Alaska

Plaintiff's Attorney:

Defendant's Attorney: Peter Offenbecher

Description: State of Alaska charged Richard Corum with conspiracy to distribute illegal drugs, Oxycontin, from 2007 to 2011 netting millions to the conspirators.

Alaska Law:

Sec. 11.31.120. Conspiracy. (a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause the performance of that activity and the offender or one of the persons does an overt act in furtherance of the conspiracy.
(b) If an offender commits the crime of conspiracy and knows that a person with whom the offender conspires to commit a serious felony offense has conspired or will conspire with another person or persons to commit the same serious felony offense, the offender is guilty of conspiring with that other person or persons to commit that crime whether or not the offender knows their identities.
(c) In a prosecution under this section, it is a defense that the defendant was merely present at the time that two or more other persons agreed to engage in or cause the performance of a serious felony offense.
(d) In a prosecution under this section, it is not a defense that a person with whom the defendant conspires could not be guilty of the crime that is the object of the conspiracy because of
(1) lack of criminal responsibility or other legal incapacity or exemption;
(2) belonging to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the conspiracy;
(3) unawareness of the criminal nature of the conduct in question or of the criminal purpose of the defendant; or
(4) any other factor precluding the culpable mental state required for the commission of the crime.
(e) If the offense that the conspiracy is intended to promote or facilitate is actually committed, a defendant may not be convicted of conspiring to commit that offense with another person for whose conduct the defendant is not legally accountable under AS 11.16.120(b).
(f) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, either (1) gave timely warning to law enforcement authorities; or (2) otherwise made proper effort that prevented the commission of the crime that was the object of the conspiracy. Renunciation by one conspirator does not affect the liability of another conspirator who does not join in the renunciation.
(g) Notwithstanding AS 22.10.030, venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy.
(h) In this section,
(1) "overt act in furtherance of the conspiracy" means an act of such character that it manifests a purpose on the part of the actor that the object of the conspiracy be completed;
(2) "serious felony offense" means an offense
(A) against the person under AS 11.41, punishable as an unclassified or class A felony;
(B) involving controlled substances under AS 11.71, punishable as an unclassified, class A, or class B felony;
(C) that is criminal mischief in the first degree under AS 11.46.475;
(D) that is terroristic threatening in the first degree under AS 11.56.807;
(E) that is human trafficking in the first degree under AS 11.41.360;
(F) that is sex trafficking in the first degree under AS 11.66.110; or
(G) that is arson in the first degree under AS 11.46.400 or arson in the second degree under AS 11.46.410.
(i) Conspiracy is
(1) an unclassified felony if the object of the conspiracy is murder in the first degree;
(2) a class A felony if the object of the conspiracy is a crime punishable as an unclassified felony other than murder in the first degree;
(3) a class B felony if the object of the conspiracy is a crime punishable as a class A felony;
(4) a class C felony if the object of the conspiracy is a crime punishable as a class B felony.

Sec. 11.31.125. Duration of conspiracy for purposes of limitations of actions. (a) For purposes of applying AS 12.10 governing limitations of actions, in a prosecution under AS 11.31.120, the statute of limitations begins to run
(1) when all the crimes that are serious felony offenses that are its objects are completed;
(2) if all the crimes that are its objects are not completed, when the last overt act in furtherance of the conspiracy is done by the defendant or any of the other coconspirators; or
(3) when the defendant informs law enforcement authorities of the existence of the conspiracy and of the defendant's participation in it.
(b) In this section, "overt act in furtherance of the conspiracy" has the meaning given in AS 11.31.120.

Sec. 11.31.140. Multiple convictions barred. (a) It is not a defense to a prosecution under AS 11.31.100 - 11.31.120 that the crime the defendant attempted to commit, solicited to commit, or conspired to commit was actually committed pursuant to the attempt, solicitation, or conspiracy.
(b) A person may not be convicted of more than one crime defined by AS 11.31.100 - 11.31.120 for conduct designed to commit or culminate in commission of the same crime.
(c) A person may not be convicted on the basis of the same course of conduct of both (1) a crime defined by AS 11.31.100 or 11.31.110; and (2) the crime that is the object of the attempt or solicitation.
(d) This section does not bar inclusion of multiple counts in a single indictment or information charging commission of a crime defined by AS 11.31.100 - 11.31.120 and commission of the crime that is the object of the attempt, conspiracy, or solicitation.

Sec. 11.31.150. Substantive crimes involving attempt or solicitation. Notwithstanding AS 11.31.140(d),
(1) a person may not be charged under AS 11.31.100 if the crime allegedly attempted by the defendant is defined in such a way that an attempt to engage in the proscribed conduct constitutes commission of the crime itself;
(2) a person may not be charged under AS 11.31.110 if the solicitation in question is defined as a specific crime under other provisions of law.

Chapter 11.35 ABANDONMENT AND NONSUPPORT
[Repealed, Sec. 1 ch 39 SLA 1970 and Sec. 21 ch 166 SLA 1978. For current law on desertion and nonsupport of a minor, see AS 11.51.100 - 11.51.120].

Chapter 11.36 FAILURE TO PERMIT VISITATION WITH MINOR CHILD
[Repealed, Sec. 21 ch 166 SLA 1978. For current law, see AS 11.51.125].

Chapter 11.40 CRIMES AGAINST MORALITY AND DECENCY
[Repealed, Sec. 77, 78 ch 127 SLA 1974 and Sec. 21 ch 166 SLA 1978. For current law, see AS 11.51.130, 11.51.140, AS 11.61.110, 11.61.130, 11.61.140 and AS 11.66.100 - 11.66.150].

Chapter 11.41 OFFENSES AGAINST THE PERSON
Article 01. HOMICIDE Sec. 11.41.100. Murder in the first degree. (a) A person commits the crime of murder in the first degree if
(1) with intent to cause the death of another person, the person
(A) causes the death of any person; or
(B) compels or induces any person to commit suicide through duress or deception;
(2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child;
(3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470;
(4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or
(5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants.
(b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55.

Sec. 11.41.110. Murder in the second degree. (a) A person commits the crime of murder in the second degree if
(1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
(2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;
(3) under circumstances not amounting to murder in the first degree under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants; or
(5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was
(A) a felony violation of AS 11.41;
(B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41; or
(C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph.
(b) Murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55.

Sec. 11.41.115. Defenses to murder. (a) In a prosecution under AS 11.41.100(a)(1)(A) or 11.41.110(a)(1), it is a defense that the defendant acted in a heat of passion, before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation by the intended victim.
(b) In a prosecution under AS 11.41.110(a)(3), it is an affirmative defense that the defendant
(1) did not commit the homicidal act or in any way solicit or aid in its commission;
(2) was not armed with a dangerous instrument;
(3) had no reasonable ground to believe that another participant, if any, was armed with a dangerous instrument; and
(4) had no reasonable ground to believe that another participant, if any, intended to engage in conduct likely to result in death or serious physical injury.
(c) A person may not be convicted of murder in the second degree under AS 11.41.110(a)(3) if the only underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, and the person killed is the intended victim of the defendant. However, if the defendant causes the death of any other person, the defendant may be convicted of murder in the second degree under AS 11.41.110(a)(3). Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree under AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary.
(d) [Repealed, Sec. 44 ch 102 SLA 1980].
(e) Nothing in (a) or (b) of this section precludes a prosecution for or conviction of manslaughter or any other crime not specifically precluded.
(f) In this section,
(1) "intended victim" means a person whom the defendant was attempting to kill or to whom the defendant was attempting to cause serious physical injury when the defendant caused the death of the person the defendant is charged with killing;
(2) "serious provocation" means conduct which is sufficient to excite an intense passion in a reasonable person in the defendant's situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.

Sec. 11.41.120. Manslaughter. (a) A person commits the crime of manslaughter if the person
(1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree;
(2) intentionally aids another person to commit suicide; or
(3) knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled substances, and a person die

Outcome:

Plaintiff's Experts:

Defendant's Experts:

Comments: