A federal judge has ordered a new trial in a criminal case previously overseen by former Alaska federal judge Joshua Kindred, due to potential conflicts of interest stemming from inappropriate conduct with a senior prosecutor. Judge Marco A. Hernandez, in his opinion, granted a new trial for an Alaska man convicted of cyberstalking, citing judicial misconduct involving Kindred’s relationship with the prosecutor, Karen Vandergaw, who had sent the judge nude photos.
This decision follows Kindred’s resignation after a judicial council found that he had sexually harassed his clerk, created a hostile work environment, and lied to investigators. Kindred’s inappropriate relationships extended to female attorneys, including Vandergaw, leading the Judicial Conference to ask the House of Representatives to consider impeachment due to Kindred’s “reprehensible conduct.”
The potential conflicts have prompted a closer examination of Kindred’s past cases, with the Justice Department conducting an internal investigation and the Alaska US attorney’s office identifying over 40 cases that may have been affected. In the specific case of Rolando Hernandez-Zamora, whose conviction is now under reconsideration, defense attorney Alexis Howell argued that Vandergaw’s presence influenced the trial, despite her not officially representing the government. The Alaska US attorney’s office contended that Kindred didn’t need to recuse himself since Vandergaw only offered advice and observed proceedings.
More details on the judicial opinion and Hernandez’s decision can be found in the original report.