The Boney Courthouse building in Anchorage holds the Alaska Supreme Court chambers. (Photo by Yereth Rosen/Alaska Beacon)
Alaska’s existing statute, Alaska Statutes 11.56.767, addressing the failure to report violent crimes against adults, is weak. It classifies the offense as a violation, with a mere $500 fine.
This does not reflect the seriousness of failing to report violent crimes like murder or kidnapping. The current law lacks accountability and obligations for witnesses to report violent crimes. This gap creates a dangerous situation where individuals can knowingly fail to report these crimes, hindering justice and endangering the community’s safety. That is why I am proposing Kathleen’s Law, commemorating Kathleen Jo Henry. This proposal is aimed at amending the statute, by drawing from similar laws in states like Texas and Ohio.
Key changes include mandatory reporting for individuals who witness or have knowledge of violent crimes like murder or kidnapping, or if they are shown a deceased body.
Penalties for noncompliance would be a range of misdemeanors, based on the severity of the unreported crime, and include affirmative defenses to protect individuals from retaliation or harm if reporting posed a substantial safety risk.
This legislation will improve public safety and strengthen accountability by requiring people to report violent crimes or face consequences later. It also enables law enforcement to track when someone has been involved in a violent crime, ensuring greater oversight and responsibility.
The changes will close loopholes that allow those with knowledge of violent crimes to avoid being held accountable.
Under current law, a person is only legally accountable for the actions of another person if they aid or abet that person in the commission of an offense, Alaska Statutes 11.16.110.
Kathleen’s Law is in response to Ian Calhoun’s involvement in the Brian Steven Smith case.
Brian Steven Smith is a South African man convicted of multiple violent crimes, including the brutal murders of two Alaskan Native women, Veronica Abouchuk and Kathleen Jo Henry. His case gained national attention when a memory card containing graphic evidence was turned over to Anchorage Police.
Smith was arrested in 2019 and later found guilty at trial in February 2024. He was sentenced to 236 years in prison, with 10 years suspended. His crimes highlighted ongoing concerns about violence against sex workers and Indigenous women in Alaska.
Calhoun was in communication with Smith during the murder of Kathleen Jo Henry.
Despite having this knowledge, and even warning Smith when Kathleen’s body was found, Calhoun has not been charged with any crime.
John Skidmore, a 25-year prosecutor who serves as the Alaska deputy attorney general for the Criminal Division, wrote in an Alaska Beacon commentary that “there is no general duty for citizens to report a crime or to aid law enforcement or the criminal justice system.”
To be found guilty of hindering prosecution under any provision of Alaska Statutes 11.56.770, the person must render assistance to the guilty party.
At this point, Skidmore states they “do not have proof beyond a reasonable doubt that any assistance was rendered to Brian Smith.”
To date, there are over 5,000 petition signatures to arrest Ian Calhoun.
But arrest him for what?
The only offense he could have been charged with under current law is the one that classifies the failure to report a violent crime as a minor violation with a mere $500 fine.
The proposed Kathleen’s Law, with its mandatory reporting requirements and stricter penalties, seeks to close loopholes that allow individuals with knowledge of violent crimes to avoid being held accountable. The involvement of Ian Calhoun in the Brian Steven Smith case underscores the necessity for a stronger failure-to-report law in Alaska.
Based on policies that have worked in other states, this bill aims to strengthen protections and create a fairer system for everyone.
The bill would strengthen Alaska’s criminal justice system and help protect victims. It closes gaps in the law that currently allow people with knowledge of crimes like kidnapping and murder to avoid consequences.
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