Hearing today in Red River Women's Clinic case

A hearing is scheduled for this afternoon regarding the Red River Women's Clinic's request to obtain a temporary injunction against a law set to go into effect Aug. 1.

The clinic is seeking clarification regarding a provision of the law about making a fetal heartbeat audible. The clinic is arguing the law is not clear about whether the facility must offer the woman the opportunity to listen to the heartbeat.

Violating the law could lead to criminal charges, so the clinic filed the lawsuit in Cass County District Court to better understand it, Director Tammi Kromenacker said last week.

North Dakota Attorney General Wayne Stenehjem will argue for the state during the 3:30 p.m. hearing.

Check Friday's Forum for a full story.

Posted by: Brittany Lawonn on 7/30/2009 at 11:08 AM | Comments (0) | Permalink

Tags: abortion, courts and crime, fargo, north dakota, red river womens clinic

ND Supreme Court unanimously affirms Moe Gibbs' 2007 murder conviction

The North Dakota Supreme Court has upheld the 2007 murder conviction of Moe Gibbs in the 2006 slaying of a Valley City State University student.
The conviction was affirmed in a 5-0 decision by the court in an order filed Thursday. Gibbs’ attorney had argued that the former Barnes County jailer was not given a fair trial for the Sept. 13, 2006 death of Mindy Morgenstern.
Gibbs, 36, had argued there was not enough evidence, he was not provided enough funding to put on a defense and a videotaped police interview should have been played during the second murder trial for the 22-year-old New Salem, N.D., native’s death.
Jurors deadlocked in the first trial. Gibbs is serving a life sentence without the possibility of parole for his neighbor’s slaying.

Posted by: Brittany Lawonn on 4/02/2009 at 2:37 PM | Comments (1) | Permalink

Tags: courts and crime, moe gibbs

Kidnapping sentencing takes place without defendant in courtroom

Friday's sentencing hearing for Vincent Paul Degidio Jr. on kidnapping and firearms charges had a different flavor to it as the defendant was notably absent from the courtroom.

Degidio appearead via interactive television from South Carolina where he is recovering following injuries during the shootout with police April 3, 2008. Degidio is paralyzed and will never walk again, his attorney said.

Judge Ralph Erickson spent several minutes going over Degidio's right to be present for the hearing, asking numerous questions about whether he understood and wanted to waive that right. During the questioning, Erickson noted that Degidio chose not to be at the hearing because he did not want to come back to North Dakota or Minnesota.

At the end of the sentencing hearing -- in which Degidio received nearly 29 years -- his defense attorney asked the judge to have him serve his time in Rochester, Minn., or as close as possible to his sister, who is close with her 29-year-old brother.

Erickson has no control over where Degidio goes, as the decision is made by the Bureau of Prisons. He did make the recommendations, but acknowledged they may not matter.

Degidio's sister was in the courtroom but declined to comment following the hearing.

Spectators in the courtroom gallery, including law enforcement and Degidio's victim, could see him on television screens in the room that depicted him seated next to his attorney, an image of the Fargo courtroom and Clay County attorneys watching the case from Moorhead (he faces state charges in connection with the incident). It was a bit difficult to see if Degidio reacted at all during the hearing because he was not present in the courtroom. 

He did apologize during the hearing, stating the following when asked if he wanted to address the court:

"Oh. Sorry for what I did. I hope that, uh, she's able to get over it and able to handle dealing with life and is able to deal with day to day, you know, everything. That's it."

Posted by: Brittany Lawonn on 3/20/2009 at 2:02 PM | Comments (0) | Permalink

Tags: courts and crime, fargo, kidnapping, moorhead, police, shootout, vincent degidio

Man waives forefinger at judge after bail reduction denied, hearing delayed

A Fargo man waived his forefinger back and forth and appeared to become upset with a judge this afternoon after a hearing in his case was delayed and his request to have bail reduced was denied.

Kenneth Hue Clark Jr., 40, was making an appearance for a preliminary hearing on a Class C felony robbery charge stemming from a January incident at Broadway Classic Subs. Typically defendants either waive their right to a preliminary hearing and enter a not guilty plea to the felony charge, or a contested hearing is held that can include testimony and evidence being presented before a judge determines whether there is enough probable cause for the case to move forward.

Clark's attorney, Patrick O'Day told Judge Wickham Corwin that his client demanded a preliminary hearing take place today and a speedy trial. Prosecutor Tristan Van de Streek offered to read the police reports, saying he would need more time if he were to have witnesses testify. Corwin then set a hearing for next week.

O'Day then asked the judge to consider reducing Clark's bail to a promise to appear, saying his client has assured him he will make appearances. O'Day also stated he disagreed with the severity of the charge, saying it was more of a disorderly conduct case with a dispute between a tenant and a landlord.

Van de Streek argued that bail remain at $10,000 cash or bond, saying Clark is dangerous and has no ties to the community.

When Corwin agreed to leave bail at $10,000, Clark began waiving his finger back and forth at the judge. He then stated that he wanted the hearing to be today and objected to it being postponed. Corwin appeared surprised and stated he would note that for the record.

Clark responded, "in the event that it can be avoided, I want it avoided."

A deputy then escorted him out of the courtroom.

Posted by: Brittany Lawonn on 3/05/2009 at 3:12 PM | Comments (1) | Permalink

Courtroom packed with law enforcment for court hearing related to Mahnomen deputy shooting

MAHNOMEN, Minn. – More than 50 law enforcement officers packed a courtroom here this morning to attend the initial appearance of two suspects arrested Wednesday in connection with the shooting of Deputy Christopher Dewey.
Prosecutors have charged Thomas Lee Fairbanks, 32, with first- and second-degree attempted murder, alleging that he shot Dewey after the Mahnomen County sheriff’s deputy asked to see his hands while investigating a report of shots fired in the area of West Washington Avenue in Mahnomen.
Fairbanks and his codefendant, Daniel Curt Vernier, fled, leading to a nearly nine-hour standoff that included shots being fired from a mobile home at officers.
Vernier, 27, gave authorities the gun used in the shooting when he surrendered about 9:30 a.m. Wednesday. He told investigators he was not the shooter and gave them a description of what happened that matched another witness’ statement, court documents show.
Vernier appeared first today on 17 charges. Fairbanks faces 22 charges, the most serious of which carries life imprisonment.
Both face 12 charges of first-degree assault for the shots fired at Dewey and the other officers – the offenses are elevated to first-degree because they involve law enforcement officers in the line of duty, prosecutor Julie Bruggeman said.
The appearances lasted about 15 minutes. A short news conference followed.

Posted by: Brittany Lawonn on 2/20/2009 at 12:30 PM | Comments (0) | Permalink

Doctor says deputy's prognosis is unclear, but "we're optimistic"

A surgeon who operated on a Mahnomen County sheriff's deputy who was shot this morning said it is too early to give a prognosis for recovery, but "we're optimistic."

Dr. Robert Sticca, a general surgeon who operated on Christopher Dewey's abdomen wound earlier this morning, spoke to reporters this afternoon at a news confernce at MeritCare.

Sticca said Dewey is in critical, but stable condition, adding that his vitals are strong.

Dewey was shot twice during the early morning incident, suffering a wound to his abdomen and to his head. The head wound resulted in a severe brain injury, Sticca said, adding Dewey will likely need future surgery.

Cass County Sheriff Paul Laney is acting as the spokesman for Dewey's family. He said several family members, including the 26-year-old's wife, are at the hospital, along with numerous law enforcement agents.

Posted by: Brittany Lawonn on 2/18/2009 at 3:40 PM | Comments (0) | Permalink

News conference set for 2:45 p.m. today at MeritCare regarding injured deputy

MeritCare officials are calling a news conference at 2:45 p.m. today regarding Christopher Dewey, the Mahnomen County sheriff's deputy shot multiple times this morning.

No word yet on what will be released. Dewey was undergoing surgery when MeritCare last released information at about 12:30 p.m.:

The victim had gun shot wounds to the abdomen. Dr. Robert Sticca, general surgeon, performed the surgery. There was an entrance and exit wound with laceration to the liver, which was repaired.

The victim also suffered one gun shot wound to the head. Dr. Chad Justesen, neurosurgeon, is currently performing the surgery.
 

Check back here for updates and at www.inforum.com.

Posted by: Brittany Lawonn on 2/18/2009 at 2:08 PM | Comments (0) | Permalink