Grand jury not properly told about other people Faith Rogers feared, judge rules in dismissing murder case
- Mark Sabbatini
- Jul 3
- 4 min read
Rogers was living in her car rather than home due to fears, which police and prosecutors downplayed, according to judge
Charges were dismissed in the murder of Faith Rogers because they were based on improper evidence heard by a grand jury, according to a judge’s ruling. Cited primarily was prosecutors failing to present details about people other than the defendant that Rogers considered a threat — so much so she was living in her car rather than at home.
Rogers, 55, was found dead on the Kaxdigoowu Héen Dei (Brotherhood Bridge Trail) on Sept. 21, 2022. Anthony Michael Migliaccio, 36, was arrested about two months later, but a first-degree murder charge was dismissed soon afterward and the remaining charges — three counts of murder and one count of manslaughter — were dismissed during pre-trial motions that concluded Monday.
Court records indicate several witnesses said they saw Migliaccio — who was homeless at the time — in an agitated and/or threatening state near where Rogers’ body was found in the general time window when experts say the murder occurred. But Juneau Superior Court Judge Marianna Carpeneti states a grand jury was misled because police and prosecutors didn’t provide full details about other possible suspects.
"Multiple people told law enforcement that Ms. Rogers was afraid for her safety, afraid to retum home" — and therefore living in her car — due to a family member at the home and that person’s romantic partner, Carpeneti wrote in an order dismissing the indictment dated June 6. The judge subsequently dismissed all charges against Migliaccio and ordered his release from state prison Monday.
During the grand jury proceedings another family member testified "there was no one I can think of" Rogers was having trouble with. Carpeneti, in her order, wrote "it was improper for the prosecutor to let this response stand, because it misled the jury into thinking that there was no one with whom Ms. Rogers had any problems, when in fact there was significant evidence that she was afraid."
Furthermore, the judge noted, Juneau Police Department Detective Lee Phelps offered testimony that was similarly misleading.
"It was also improper for the prosecutor to elicit from Det. Phelps testimony that suggested that he had worked through a large amount of evidence and there was no evidence to suggest that Ms. Rogers had conflict with anyone," Carpeneti wrote.
Phelps also offered improper hearsay testimony by describing actions by Migliaccio and Rogers around the time of the murder based on interviews with eyewitnesses, according to Carpeneti. The testimony was inadmissible hearsay, the judge wrote, because "Det. Phelps was never on the trail at the same time as the defendant and the victim, and had no personal knowledge that the person observed by the witnesses was in fact the defendant or the victim."
That hearsay alone wasn’t misleading enough to warrant a dismissal of charges since the separate testimony of eyewitnesses established Migliaccio’s whereabouts, Carpeneti wrote. However, as a whole "the improper evidence likely ‘appreciably affected the outcome of the grand jury's deliberations.’ Therefore, the
Indictment must be dismissed."
Carpeneti stated her order does not suggest intentional misconduct by police or prosecutors.
"The court emphasizes that this case does not present facts which suggest that the prosecutor deliberately misled the grand jury or ‘was directly complicit in the presentation of a highly misleading version of facts,’" she wrote.
The two people Rogers was reportedly fearful of are not officially considered suspects, Deputy Police Chief Krag Campbell wrote in an email responding to questions from the Juneau Independent on Thursday.
"JPD investigated and interviewed several people associated with this case and the victim," Campbell wrote. "Since there was no evidence that showed them as viable suspects, there was no reason to continue that course of action."
Campbell also noted "as new leads or information becomes available in this investigation, JPD will pursue those. At this time, there are no active leads being investigated."
Juneau District Attorney Whitney-Marie Bostick, in a prepared statement emailed to the Juneau Independent on Tuesday, said charges will not be refiled against Migliaccio.
“This decision follows the court’s dismissal of the indictment and a reassessment of the evidence, including new information provided during the course of litigation," Bostick’s statement notes. "At this time, the State no longer believes it can prove the case beyond a reasonable doubt. We fully recognize the weight of this decision and the impact it will have on the victim’s family, who continue to mourn the loss of their loved one — a victim of a tragic and senseless act. We are deeply mindful of their pain and the emotional toll this process has taken."
"However, our duty as prosecutors is to move forward with charges only when the evidence supports a conviction beyond a reasonable doubt. While this decision may be painful, it reflects our legal and ethical responsibility under the law. We remain committed to standing with victims and their families and to pursuing justice with integrity in every case.”
Migliaccio’s attorney, Assistant Public Defender Nico Ambrose, issued a written statement asserting police made a series of errors during their investigation because "there was immense public pressure for JPD to make an arrest."
"If anything, this case demonstrates the power of an accusation and the paramount importance of the accused’s right to present a defense," Ambrose wrote. "As evidenced by disinformation spreading online about the dismissal, just by being accused — wrongfully — of this murder, there are people who will always believe that Mr. Migliaccio did it, despite the evidence."
Among the physical evidence that was mischaracterized, according to Ambrose, was strands of hair Rogers was clutching at the time of her death that police asserted were Migliaccio’s. However, DNA testing conducted by the defense determined the hair was Rogers’.
Ambrose stated "we are very thankful to the DA for making the right decision" not to refile charges, while also noting "it’s certainly not our place to comment on JPD’s next steps or public safety in Juneau."
"Mr. Migliaccio will not be making any comment about the case and does not currently plan to come back to Juneau," Ambrose wrote.
• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.
