In Thursday morning courtroom testimony, Rep. Benjamin Nageak, D-Barrow, said he\u2019s not giving up on his attempt to overturn an August primary he lost.<\/p>\n
\u201cYes, I do want to continue to be a party in this case,\u201d Nageak told Anchorage Superior Court Judge Andrew Guidi by phone.<\/p>\n
Nageak, who represents House District 40 (encompassing the North Slope and Northwest Arctic Borough) is challenging the results of August\u2019s Democratic primary. He lost that race, 825-817, to fellow Democrat Dean Westlake.<\/p>\n
With no Republican in the race, the winner of the primary wins a seat in the Legislature.<\/p>\n
Over the weekend, Nageak attorney Tim McKeever filed a motion to withdraw Nageak from the lawsuit and replace him with several North Slope voters. Under state law, an election challenge can be filed either by the losing candidate or by 10 voters.<\/p>\n
McKeever appeared to subsequently withdraw that motion, but the action left confusion about Nageak\u2019s role in the case.<\/p>\n
On Wednesday, Nageak said under oath<\/a> that he didn\u2019t have a problem with voters taking his place as plaintiff in the lawsuit.<\/p>\n \u201cI can\u2019t do anything with it,\u201d he said. \u201cI need help, and I think there\u2019s people out there who can do that for me, to speak on my behalf.\u201d<\/p>\n \u201cTo me, the testimony was clear,\u201d said Thomas Amodio, an attorney for Westlake.<\/p>\n On Thursday, under questioning from assistant attorney general Margaret Paton-Walsh, Nageak said he was unable to properly hear the questions and answered incorrectly.<\/p>\n Nageak, who has hearing problems and uses a hearing aid in the Legislature, had been testifying by phone from a restaurant in Massachusetts.<\/p>\n \u201cI\u2019m sorry, I\u2019ve been over on the other side of the world, and I couldn\u2019t hardly hear anybody,\u201d he said. \u201cI was in a really crowded place yesterday, in the middle of the street, sirens were blaring, and I\u2019m in a quiet place now. I don\u2019t want to be dropped from the lawsuit.\u201d<\/p>\n Under further questioning, Nageak said he was not aware that his attorneys were filing a motion to drop him from the lawsuit.<\/p>\n In subsequent briefs, McKeever said the request to change the list of plaintiffs \u201cinadvertently omitted Benjamin Nageak from the caption and list of parties.\u201d<\/p>\n The state and Amodio have challenged that assertion, believing that Nageak wants out of the lawsuit, and the addition of voters was an attempt to allow him to leave while continuing the suit.<\/p>\n The trial is expected to conclude Monday, with Guidi rendering judgment soon thereafter. Speaking to attorneys Thursday, however, Guidi said the case \u201cis apparently inevitably bound for appeal\u201d to the Alaska Supreme Court.<\/p>\n \u2022 Contact reporter James Brooks at 523-2258 or james.k.brooks@juneauempire.com.<\/p>\n Read more news:<\/p>\n Juneau police arrest person for Best Western hotel theft<\/a><\/p>\n Prostitutes and police: Southeast Alaska’s hidden histories<\/a><\/p>\n