A former Haines Borough Police Department officer on July 28 pleaded not guilty to a charge of felony perjury.
Kevin K. Kennedy, 29, allegedly lied under oath when he appeared telephonically at a January administrative hearing. That hearing discussed a 52-year-old Haines man arrested at 2 Mile Haines Highway in November 2010 for driving under the influence of alcohol and misconduct involving a weapon in the third and fourth degrees. All three charges eventually were dismissed.
According to the charging documents from Juneau District Court, Kennedy conducted a breath test and so was obligated by Alaska Statute "to clearly and expressly inform the driver of his right to obtain an independent chemical test" but "forgot" until a few hours later.
At the January hearing, Kennedy testified the driver initially declined the independent chemical test, but then reconsidered, and Kennedy "explained that the delay in conducting the chemical test was based on the unavailability of the on-call physician," the charging documents state.
Kennedy had been a borough police officer since January 2009. He left the department in early June "to pursue other opportunities," said police chief Gary Lowe. Kennedy was charged with perjury, a class B felony, later that month. The Office of Special Prosecutions and Appeals in Anchorage is prosecuting the case for the state.
Kennedy’s arraignment with Judge Thomas Nave was July 28 in Juneau, and Kennedy appeared telephonically. His attorney is Thomas Temple of Fairbanks. Temple did not respond to a message left for comment by press time Wednesday.
A preliminary hearing has been set for Monday, Aug. 15, in Juneau, according to a docket at www.courtrecords.alaska.gov.