Grand Jury V. Preliminary Hearing

In Stearns County, Minnesota, they use the grand jury system (County of Stearns Minnesota, 2004). The differences between grand juries and a preliminary hearing method vary. For example, a grand jury decides if there is a probable cause to accuse individuals or corporations on criminal charges based on the evidence provided (US Courts, 2007). Grand jury sessions are held in a private room, with only the grand jury, which consists on 23 people, government lawyers, court reporters, an interpreter if needed, and the witnesses to be heard, all are under oath (US Courts, 2007). While a preliminary hearing is where the judge decides if there is enough evidence to force the defendant to stand trial (FindLaw, 2009). In reaching this probable cause decision, the judge listens to arguments from the government (through a government attorney, or "prosecutor"), and from the defendant (usually through his or her attorney) (FindLaw, 2009). The prosecutor may call witnesses to testify, and can introduce physical evidence in an effort to convince the judge that the case should go to trial (FindLaw, 2009). The defense usually cross-examines the government's witnesses and calls into question any other evidence presented against the defendant, seeking to convince the judge that the prosecutor's case is not strong enough, so that the case against the defendant must be dismissed before trial (FindLaw, 2009).

Sources:

County of Stearns Minnesota. (2004, October 28). Stearns County Grand Jury Returns 1st Degree Murder Indictment re: Eric Maurice Wright. Retrieved November 5, 2009, from

http://www.co.stearns.mn.us/1271_3561.htm

FindLaw. (2009). Preliminary Hearing. Retrieved November 5, 2009, from http://criminal.findlaw.com/crimes/criminal_stages/criminal_preliminary_hearing/

US Courts. (2007, October). Grand Jury Handbook. Retrieved November 5, 2009, from http://www.uscourts.gov/jury/grandjury.html

Deliberations Begin in Burnsville Murder Trial

After 8 days of hearing testimony from both the defense and prosecutors deliberations by the jury have begun in the Tina San Roman murder trial. 19-year-old Taylor Pass is being charged with second degree murder as well as attempting to kill 24-year old Odai Al-Refo, roommate of San Roman who was 35 (Powell, 2009).

According to authorities, Pass stabbed San Roman in the garage, who then called for help. Al-Refo came to her aid and was also hurt in the altercation. The 911 recordings indicate the nature of the crime as San Roman is heard saying "Help me, I'm dying." after receiving a 4-inch stab wound to the chest (Powell, 2009).

The defense argued that Pass was not the murderer but rather Al-Refo was the one responsible, and to cover up his actions, proceeded to stab himself. Prosecution lawyer Lawrence Clark argued "She's not asking for help from somebody who has stabbed her, she's asking for help from somebody in a similar situation" (Powell, 2009). The tapes also confirmed this as San Roman is heard crying out to Al-Refo.

The defense also claimed that police wrongfully accused Pass, since once arriving on the scene they immediately arrested him and named him the culprit before examining the DNA as well as the crime scene. The defense stated that "police probed the wrong man and didn't collect evidence, didn't get it all tested properly, and didn't share all of the lab results they did get with prosecutors or the defense until the trial was more than half over" (Powell, 2009).

San Roman was found inside the home on the staircase, and it is believed she was trying to reach her 9-year-old son, Brendon Kulyas. San Roman would die from her wounds a week later in the hospital, while Al-Refo would make a full recovery and move to North Carolina. Kulyas was unharmed that night.

The defense also pointed to a grey hoodie that was found bloodstained in the garage claiming "there were unknown wearers DNA found on the grey hoodie, along with a cap in the garage. That cap was black with orange flames on the sides and on the bill, and it had the word Sniper in large white lettering on the front. Those items had both the blood of San Roman and Al-Refo on them, but also touch DNA from two or three more wearers" (Powell, 2009).

According to video surveillance taken from Shooters Billiards on Hwy. 13, Pass can be seen wearing both the hoodie and hat in question, thus negating the claims by the defense. The prosecution called for "jurors to consider what the defense claimed that Al-Refo had concocted this story, and that he cut himself was ridiculous.
As invoking a phantom suspect and urged the jury to not speculate nor go on a wild expedition" (Powell, 2009).


Taylor Pass
Photo credit: Dakota County Sheriff

Powell, J. (2009, November 4). Jury Deliberates in Burnsville Murder Trial. Minnesota StarTribune. Retrieved November 8, 2009, from http://www.startribune.com/local/south/69127562.html?page=1&c=y

Perham, Minnesota Community Policing

The mission statement of the city of Perham, Minnesota police department is: “to protect and serve the citizens of Perham in the most effective, responsive, and ethical manner possible. The Police Department will always be striving to improve service to the Citizens, and will be continually conscious of new and innovative community policing programs, which will allow us to meet the needs of the Citizens we serve. We understand that in order to be effective as a Police Department we must be aware of what is taking place around us, and be responsive and flexible to change with the innovation of technology. We will strive to maintain a professional image within the community. We believe that for us to be successful in accomplishing these goals, we must understand and adapt to the needs of the citizens we serve.” The city of Perham’s police department does much more than just police, they also provide services, such as: Drug Abuse Resistance and Education, or D.A.R.E. Where the officers will go in and talk to kids during their school day about the dangers of drugs and drunk driving. They also offer the MN Safe and Sober challenge, where the program is designed to heighten public awareness in the areas of seatbelts, driving under the influence of drugs and alcohol, and it is their effort to decrease the number of alcohol related driving accidents. This department has also made a crosswalk safety program, where they work with the public to bring attention to new laws in the state about crosswalks, and they have been putting “yield to pedestrian” signs at primary crosswalks in downtown Perham. Another thing the Perham police department does with the public is a “Bike Rodeo”. The clinic includes bike registration, bike safety check, obstacle course, drawing an giveaways for prizes. During the rodeo bike helmets are on sale for a nominal price. The Police Department and Lions Club, send flyers home with elementary students in the spring of the year as to when the clinic is, and the best part, the clinic registration is only $1.

One of the challenges of community policing however is reorienting recruitment. However, the city of Perham has successfully dealt with this challenge in a well thought out and organized manor. They have a reserve officer program that is made up from volunteers from the community, that has duties such as: residential checks, patrol, bike safety, traffic control and security to name a few. The rules are you must be 21 years old, with the exception if you are enrolled in criminal justice in college, than you can join younger, a good driving, be in good physical condition, and you must be at least be a high school graduate. This is just one of the examples of how the city of Perham overcomes community policing difficulties.

Sources Used:

1.http://www.cityofperham.com/index.asp?Type=B_BASIC&SEC={6F2EA21C-DD29-4AC1-8DBE-388ADCE1D3D5}&DE=

2. http://www.cityofperham.com/index.asp?Type=B_LIST&SEC=%7BF27E64C6-2259-4707-B337-D12CFF21A3FD%7D

On the run

The Star Tribune reported that two students at Macalester College in St. Paul, Minnesota escaped with minor injuries after being assaulted by a group of five young men on bicycles. Prior to the assaults, a campus security guard indicated that the same men punched a woman who was walking near the campus. Shortly thereafter, a young man at a bus stop reported to have been assaulted by the same group of men after refusing to hand over his I pod to the group of men. Once more, another young man walking from his dorm apparently crossed the men, and when he refused to let them use his cell phone, the men punched him in the face and head. According to reports, none of the victims of the assaults were seriously injured nor were they linked in any way. A spokeswoman for Macalester College says the crimes are rather unusual for the neighborhood they occurred in, as it is known to be a quiet one. Thus far, there have been no arrests made.

With all of the information given in the article, these particular incidents could be considered as a combination of crimes of the rational choice and societal theory. The assaults are seemingly random acts of violence with no apparent motives other than wanting to display some sort of message through abuse. The offenders are aware of what they are doing, as they repeatedly act out the crimes. It’s quite possible that the group of men could feel unwanted or unequal upon society as a whole, thus initiating several attacks on complete strangers, some of whom would not turn over personal belongings. The message conveyed is, “Give me what I want, or suffer the consequence.”

If and when the offenders are arrested, there would certainly be plenty of reason and opportunity to utilize counseling and a highly resourceful program that would instill positive reinforcement. Dependent on whether or not the victims desire or have the ability to press charges, incarceration would perhaps be another way, if not the only way to get the offenders to account for their actions.

Complete Article: www.startribune.com