Letter to the Editor: We need a new face in county attorney's office

As reported in this paper on Aug. 6, "...(Annie) Claesson-Huseby said transparency is important, as well as communication with citizens and being approachable."

However, in the district court, before Judge Benshoof, in case File No. 04-CR-11-2328, Claesson-Huseby was involved in seeking to delay a person's trial, and when the district court refused, the county attorney's office dismissed the case. However, immediately following Claesson-Huseby's dismissal of the first case, Claesson-Huseby was involved in the submittal of a second complaint charging the defendant with an identical complaint, which second complaint was immediately dismissed by the district court. Upon appeal, the appellate court upheld the district court's findings that the prosecutor, in recharging with an identical complaint, "constitute(d) bad faith and an abuse of prosecutorial discretion" and an "unjustified and unnecessary delay..."

The appellate court also ruled: "The state did not provide any explanation for the dismissal that would support any other conclusion than that the state dismissed the first complaint because it was not prepared to go to trial..."

Can bad faith prosecutorial discretion be called transparent?

In another case File No. 04CR121072, where a Native American teen was brought to court to provide testimony "visibly shackled", the appellate court ruled "there is nothing in the record indicating that (the teen) made any aggressive statements or movements, or otherwise presented an imminent danger to others." And "it is the prosecutor's obligation to prepare her witnesses and to present them before the jury in a non-prejudicial manner." and concluded "Finally, by requiring (the teen) to testify while visibly restrained, the jury undoubtedly got the erroneous impression that (the teen) was a very dangerous person. Such an impression likely impacted the jury's decision..."

Even in early English common law, the use of restraints, during trial, is an "inherently prejudicial practice".

However, this Native American teen was brought to court, as a witness, in shackles. It seems Claesson-Huseby should've approached her witness and fulfilled her "obligation" to prepare her witness before trial.

This election, by Beltrami County citizens, will likely be the most important local decision to be made in the next 20 years.

Beltrami County residents deserve better than the above described behavior. We deserve a new face in the Beltrami County Attorney's Office come November.

Patricia Gould

Bemidji

http://www.bemidjipioneer.com/content/letter-we-need-new-face-county-attorneys-office