LESTENKOF v. State

Lestenkof was entitled to have his case tried, if possible, on St. Paul Island, the place where his crime allegedly occurred. The record in this case shows that Lestenkof made extensive efforts to have his case tried in Saint Paul. The State made similar efforts to avoid trying the case in Saint Paul. The State ultimately prevailed. The State sue-ceeded in having Lestenkofs trial moved from Saint Paul to Dillingham, where he was convicted. In my view, the State has not met its burden of proving the necessity of depriving Lestenkof of his right to have his case tried in Saint Paul. I would…