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Attorney for paintball perpetrator asks for house arrest

Posted: Thursday, October 18, 2001

ANCHORAGE (AP) -- The attorney for a man convicted of videotaping paintball attacks on Alaska Natives in Anchorage wants a judge to let his client serve the rest of his jail time on electronically monitored house arrest.

Charles Wiseman, 20, has spent most of his sentence in solitary confinement to protect him from other prisoners. His attorney, Robert Herz, said this is excessive punishment for a first offender doing six months for a misdemeanor.

''Given that Mr. Wiseman has spent a hard 40 days in solitary, and given that the Department (of Corrections) cannot place him safely elsewhere, it would seem fair and appropriate if Mr. Wiseman could now be placed by the Department at home with electronic supervision for the last 80 days of his sentence,'' Herz wrote in court papers filed this week.

Wiseman was sentenced on Aug. 31 to serve six months, pay a $6,000 fine and do 300 hours of community service. He could be eligible for release after serving 120 days.

The paintball attacks were carried out in January by Wiseman, his younger brother and a third boy, enraging the city's Native population and produced an anguished public debate about racism in Alaska. Wiseman was originally charged with seven counts of fourth-degree assault but pleaded no contest to three counts of misdemeanor assault under a plea agreement.

DOC spokesman Bruce Richards said Wiseman will remain in solitary confinement at the downtown jail for his own protection, the Anchorage Daily News reported.

Richards said he was not aware of any specific threat against Wiseman. The decision to keep him in lockdown 23 hours a day was to prevent potential harm, he said. ''We have to manage our population.''

Herz said his client had received threats before he went to jail.



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