
The trial for a former Juneau chiropractor accused of assaulting more than a dozen patients has once again been delayed. It was scheduled to start this week, but was pushed back at a pre-trial conference because a member of the defense team is having severe health issues. The court plans to hear the case later this year.
Police arrested Jeffrey Fultz four years ago on three charges of sexual assault. More women have come forward since. A total of 14 women, a majority of whom are Alaska Native, have now accused Fultz of assault.
The charges are based on accusations that he assaulted patients who sought chiropractic care while he worked for Southeast Alaska Regional Health Consortium.
Some of the charges date back more than a decade.
The case has seen years of delays in the pre-trial process. Now the court is attempting to set a trial date for the third time. The delays have left the alleged victims in limbo, waiting for justice.
At a pre-trial conference last week, Fultz’s defense attorney, Anchorage-based James Christie, reported that his co-counsel, Wally Tetlow, is experiencing life-threatening health problems and has been advised not to travel for at least one month. Christie argued that Tetlow’s in-person participation is vital.
“So I think, I think we’re in a position where there’s, there’s really, unfortunately, we have to identify a new window for a trial date,” Christie said.
State Prosecutor Jessalyn Gillum told the judge that her team opposes the delay.
“Given the age of the case, the number of victims, and the fact that the victims have been very clear on wanting their day in court, the state is in no other – has no other choice but to oppose this request,” she said.
Gillum acknowledged Tetlow’s health concerns, but pointed to the fact that Tetlow is not the attorney named in the case for Fultz’s defense — Christie is. She argued that his inability to participate in person shouldn’t derail the trial schedule.
This is not the first time that the health of the defense has delayed the trial. Fultz’s previous attorney had health problems that caused delays for the majority of a year.
Several other factors have also contributed to the long wait for a trail. The investigating Juneau police officer died, then the first judge assigned to the case retired, and later Fultz’s first attorney was deemed “mentally unable” to continue with the case.
Victims have repeatedly said in hearings that each time they have to call in to advocate for the case to go to trial, it’s traumatizing.
Fultz has been out on bail, living in Colorado with some pre-trial monitoring since 2021. He appeared in court in person once last year.
Judge Larry Woolford, who is presiding over the case, said he was reluctant to reschedule, after the dozens of witnesses had set aside time for what is expected to be a long and complex trial.
“I mean, certainly the parties are aware that it has been the court’s intention that this matter would be ready to go on April 21,” he said. “And we have been, I think it’s fair to say, marching steadily, if imperfectly, toward that for some time now.”
But he said Tetlow’s emergency health issues are within the bounds of what constitutes an appropriate reason for further delays.
“This is obviously not something anybody could have predicted nor prevented,” Woolford said.
Woolford cited recent orders from the Alaska Supreme Court to limit delays in older court cases, and said this situation abides by those new rules as well. Under that order, the defense and prosecution can request delays for up to 90 days each, and a court can consider delays for up to 90 days for “good cause.”
Multiple witnesses who called into a hearing last week said this delay will impact the prosecution.
“I just want to remind the court that there are 14 victims that have cleared the next five weeks to make this happen,” one alleged victim said. Victims who called in did not identify themselves by name.
Another cited the disruptions this is causing her own life.
“I’m a therapist, and have to cancel my clients,” she said. “And it, you know, that’s a big deal too.”
Woolford said in the hearing the court is willing to extend the case into the summer, and no further.
“The windows that I’ve outlined strike me as a reasonable compromise between the unfortunate situation in which your team finds itself, and the, I think, compelling need to get this matter to trial,” he said.
But both the prosecution and defense expressed that their teams and witnesses may not be available for much of the summer.
A hearing to determine a future trial schedule is set for April 28.
