Bismarck Tribune - North Dakota News - Case raises credibility concerns

Case raises credibility concerns

Jul 17, 2008 - 09:04:45 CDT

It isn't a secret that special favors have been offered for ages to members of good ol' boy clubs. And that seems the case in the Gary Ness mess.

Ness, the North Dakota Aeronautics Commission director, has been charged with felony theft. Ness was arrested Friday and spent an hour in jail before he was dealt a get-out-of-jail-free card. His attorney was able to obtain a hearing for Ness when typically people arrested Friday afternoon are not seen by a judge until Monday afternoon. The hearing held by Judge Robert Wefald was unusual.

"We have a certain set of procedures we follow, and it wasn't followed in this case. It's disconcerting," Burleigh County State's Attorney Richard Riha said. "Normally, your run-of-the-mill defendant would have spent the weekend in jail."

Because of his position and prominence, Ness certainly isn't a run-of-the-mill defendant.

But whether there were special favors sought or offered, Wefald and Ness have opened themselves up to suspicion. The wise approach for both would have been to play everything according to Hoyle. Instead, they face credibility concerns.

Likewise, what hasn't happened since Ness was arrested is of some concern.

Ness should have been placed on administrative leave. But Ness is still the North Dakota Aeronautics Commission director, even though commission chair Robert Miller told a reporter Wednesday that Ness has removed himself from daily activities. Just what that means isn't clear.

Mark J. Holzer, aviation planner and one of four office staff members, said Wednesday that Ness was on vacation. He said he didn't know if the vacation was planned or how long the vacation would last.

Commission member Dianne L. Herr of Turtle Lake said she was unaware of Ness' status or when a commission meeting would be scheduled to discuss the matter.

But Miller said a meeting will probably be held July 24 or 25; that action seems to have been prompted by Gov. John Hoeven's recommendation that Ness be placed on administrative leave.

Hoeven is right.

But why didn't the commission act sooner and more clearly?

Ness deserves to be given the benefit of the doubt until his guilt or innocence is determined, just like any other citizen. But the charge is a felony, and until all is sorted out there should be a clear separation between Ness and the agency. Otherwise charges of special favors will continue — on more than one front.

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Comments

interested wrote on Jul 25, 2008 5:56 PM:

" This OJ-like defense is clearly going to be "medical". . . do you know anyone who has experienced "temporary thiefitis" while suffering from a thyroid condition or a sleep issue?? This is insulting to people everywhere who are truly sick and still do not steal from others.

Does anyone know where the stolen money is? Did the victim ever get it back?
Is it evidence? I hope she had other money to get her through the month. Many people do not. "

Ordinary Citizen wrote on Jul 25, 2008 12:06 AM:

" We all know everyone is innocent until proven guilty but it sure looks bad for Ness. Maybe he has a brain tumor if he "stole" that money. Sounds like something his lawyer could argue in court , Hmm a medical condition! I'm poor and wouldn't have done that. Shows you how greed can cloud your judgement. "

Mike R wrote on Jul 24, 2008 9:44 PM:

" Joe Citizen: I can see the point you are making and I agree. Someone who knew nothing about the process could have been misled by my statement. I just don't understand why you didn't just make your point a little clearer early on. It sounded to me as if you thought this case was going before the municipal court. Maybe my statement was misleading, but yours was just as bad if not worse. I think we are on the same page now though. "

Bono wrote on Jul 24, 2008 8:31 PM:

" Okay kids - enough of the "battle of the lawyers egos" on this blog! It's a good laugh to read your back and forth one upsmanship but enough now. This isn't a case you must win by beating the other side into the ground. "

Joe Citizen wrote on Jul 24, 2008 7:03 PM:

" To Mike R: I was only pointing out in my post that Municipal Courts are not courts of records and that not "EVERY" court records the proceedings as you insinuated in your post on July 18th. Now as a LEO in a small community I am sure that you can understand that some may, by reading your posts, assume that "every" court records the proceeding and if they would (and I am sure no one that blogs here would ever end up in any type of court) end up in municipal court and see that it was not being recorded they may think that something was amiss. That was my only point. I hope that this post gives you something to do tonight since by my last post it seem to occupy the majority of your time. And please, say hello to Andy for me. "

In the Know wrote on Jul 24, 2008 5:05 PM:

" I see that Ness was put on paid leave. Hmmmm..... Do you see a pattern here? A Republican state executive is charged with a crime. Wefald gives them special treatment which involves the suspect state executive not going to jail. Then the state agency puts the suspect state executive on paid leave. It sounds like the Blunt/WSI situation all over again.

If the regular guy gets arrested for felony theft on Friday, he would be in jail until Monday morning and he would not have a job when they got out. Why all the special treatment "

VoRBob Dylan wrote on Jul 24, 2008 2:02 PM:

" To MamaMia, My guess is it was some low grade 60s ganja. "The answer is blowin in the wind". It doesnt make them any less true.

" While preachers preach of evil fates, teachers teach that knowledge waits, can lead to hundred dollar plates and goodness hides behind its gates, but sometimes even the President of the United States has to stand naked. Cause though the masters make the rules for the wise men and the fools, I got nothing ma to live up to." (again) Bob Dylan -1965
These words sound more profound with a little harmonica and no doubt some weed too. "Everybody must get stoned. Sorry, I couldnt resist that one, it was just too easy.

Do you think Ness's lawyer had anything to do with his $6,400 per month paid vacation? Does anyone know if the open meetings law would cover a pre-meeting conference call?

Online Editor, please feel free to give us run of the mill types your input. "

VoR wrote on Jul 24, 2008 11:27 AM:

" Gary Ness has been placed on paid leave TFN. Wow that meeting went quickly, You would almost think that the Aeronautics board knew what action they were going to take before they even started. But that cant be. Arent secret pre-meetings a violation of that pesky open meetings law? "

MamaMia wrote on Jul 24, 2008 9:08 AM:

" VoR: I wonder what Dylan was smoking when he wrote those lyrics. "

Mike R wrote on Jul 23, 2008 9:32 PM:

" Joe citizen: Besides all that, District court is held at the courthouse. Most municipal courts are held elsewhere. That may not be the same all over. Maybe there are some municipal courts that are held at the official court house, but those would definitely be few and far between. "

Mike R wrote on Jul 23, 2008 9:18 PM:

" Joe Citizen: I posted my comment to you prior to your comment to Lone wolf being online. I spent 15 years working for small town police departments. That is 15 years of municipal courts. I am VERY well versed in how they work, or better yet, how they don't work. For 15 years, I dealt with courts that weren't courts of record. You wouldn't believe the silly BS that I have seen over the years - all because the judge and prosecutor knew that nothing was being recorded. That is why I am very irrate of this hearing not being recorded. I know what goes on off the record. Still - We were ALL talking about district courts and courts of record. There was no reason at all to bring up municipal courts. "

VoR wrote on Jul 23, 2008 8:42 PM:

" Like those who obey authority that they do not respect in any degree, who despise their jobs, their destiny, speak jealously of those that are free, do what the do just to be nothing more than something they invest in.

Old judges see people in pairs, limited in sex they dare to push fake morals, insult and stare. While money doesn't talk it swears obscenity who really cares. Propaganda all is phoney. Bob Dylan 1965 "

Mike R wrote on Jul 23, 2008 7:41 PM:

" Joe Citizen: I meant that everything is recorded in a court of record. The story is about a district court of record. Wefald is a district court judge. Every comment here (including mine) was in reference to district court proceedings. Why would you throw something out about a municipal court? That doesn't even make sense. You either got caught trying to sound smart and are now trying to salvage your dignity, or you threw that out just to stir the pot knowing full well that it was going to be taken wrong. Either way, what is your point? Or is there one? "

Joe Citizen wrote on Jul 23, 2008 7:30 PM:

" To lonewolf, I never said that the case in question was a misdemeanor or that Judge Wefald was a Municpal Court Judge. I was only pointing out the Mike R that in some courts, records are not kept. This was in response to his statement that all cases in all courts are recorded. THey are not. My original post was not pertaining to this particular case. Actually I was not trying to discredit anyone only pointing out that not ALL courts record the cases. And I am sure I know what I'm taking about. No need to always be on the defense. "

Joe Citizen wrote on Jul 23, 2008 7:25 PM:

" To Mike R: On 7/18 at 2:37 you posted: " Get it straight: bond hearings are not recorded? Really? Each and every word in every kind of hearing is recorded in all of the courthouses I am familiar with. Where do you get your facts? " I was pointing out court procedures are recorded only in court of records and not in Municipal Court which is not a court of record and as such the proceeding are NOT recorded. So "each and every word is NOT recored in EVERY KIND OF HEARING in ALL the COURTHOUSES you are familiar with", unless you are not familuar with Municpal Courts. Not once did I say Judge Wefald was a Municipal Court Judge. No need to get upset when your experise is challenged, you are not the only one knowledgable in the Criminal Justice System that posts. "

MamaMia wrote on Jul 23, 2008 2:15 PM:

" VoR: Your "ordinary, run of the mill defendant" will sit in jail because he can't find or pay for a good lawyer. That's just the way it is -- and it ain't gonna change anytime soon. Lawyers are charged with the task of rigorously defending the rights of their clients. They can be sued if the client thinks they have not. A good lawyer will do whatever it takes to keep his client out of jail -- even for a weekend. If my attorney couldn't do that for me. . .I'd divorce him! "

Mike R wrote on Jul 23, 2008 2:14 PM:

" VOR: I think you are reading to much into this whole thing. When Riha mentioned the average run of the mill defendant, I don't think there was any intent what-so-ever to imply that there were different classes of defendants. It was an expression. Don't read more into it then there really is. If he really did mean to imply that there were more than one class of defendants, then I am sure he meant that there were special defendants that got special treatment by certain judges (as in this case) and you average run of the mill defendants (Everyone else not in the first catagory). "

VoR wrote on Jul 23, 2008 1:11 PM:

" To MamaMia, I get your point. Having a good lawyer is obviously key to mounting an effective defense. However if the quality of your council determines how and if the rules of due process are applied to you then we are all the subject of a critically hobbled justice system. Our constitution requires equal protection under the law of everyone accused of a crime. I dont recall ever reading anything about so called run of the mill defendants as opposed to I suppose special ones. Equal means having the same privileges, rights, status, and opportunities as others according to the Encarta World English Dictionary. When someone like Burleigh County State's Attorney Richard Riha makes statements like. "Normally, your run-of-the-mill defendant would have spent the weekend in jail." This should be alarming to everyone of us. Dont forget that anyone can be accused of anything.

Then theres the issue of Judge Wefalds incredibly poor display of judicial discretion in this case. I mean, calling the absence of a transcript of this hearing even with the presence of Assistant States Attorney Denham and a court reporter in the room an oversight is beyond laughable. If you believe in justice it should make you very, very angry. "

lonewolf wrote on Jul 23, 2008 9:23 AM:

" Mike R is right. Judge Wefald is a District court judge and does not work for the city / municipal court. 2nd,.. municipal court only deals with B mis. cases this case is a felony.

So Mr. Joe Citizen before you go around trying to discredit people, please make sure you your self know what you are talking about. "

MamaMia wrote on Jul 23, 2008 9:12 AM:

" VoR: It very much depends on the quality of your lawyer. "

VoR wrote on Jul 21, 2008 10:15 PM:

" Mike R., You make a good point. What was purpose of having a court reporter in the room during this quickie hearing if not to record it? Was the court reporter paid to attend the hearing or did he or she just happen to be there? Could it be that a record of this hearing held without any charges or evidence being presented actually does exist and that some now recused judge is trying to cover something up?

The other key question (beyond what happened to the money) should be asked of Burleigh County State's Attorney Richard Riha who said, "Normally, your run-of-the-mill defendant would have spent the weekend in jail."

Just what criteria is used to determine who is a "run of the mill defendant" and who is not? Is it based on your personal wealth or is it your resume, or does it just depend on who your lawyer is or who your friends are? I think that Mr. Riha owes the people he serves a breakdown of this term "run of the mill defendant". Is the mill standard clearly set or is it made on a case by case basis and just who is it that is responsible for the decision once it has been made?

Online Editor, Would you please offer some guidance for those of us who would presumably be considered "run of the mill" by our justice system.

I'm very serious about this. "

Mike R wrote on Jul 21, 2008 2:34 PM:

" to "to Mike R" : The reason I find it so hard to accept the proceedure followed is I spend a LOT of time in courtrooms and I have yet to witness a single hearing (of any type) that was not recorded. I also look at the very obvious facts. Judge Wefald says that not recording the hearing was an oversight. If it is SOOOOO very common and accepted practice to not record these hearings, then why wouldn't judge Wefald have said so? Why did he say it was an oversight? An oversight is something you "forget" to do. How could he so conveniently "forget" to do something that he wasn't supposed to do in the first place? Why do you have such an obsession with trying to make people think it was acceptable proceedure when it very obviously wasn't? "

mandanctzn wrote on Jul 21, 2008 1:14 PM:

" IRT to the person leaving behind their cash and forgetting about it. Why is it so hard to believe something like that could happen? If a survey were to be done I bet a lot of us would be surprised by the number of North Dakotans that still get paid by paper check and by the number of North Dakotans who still will only pay for stuff using paper money only.

It should not matter why the victim left their money behind. But more then likely it was because they probably had made their last payment for the day and were unaware that they had left the envelope.

In short do I personally think that Mr. Ness was given preferential treatment? Yes I do and I really could care less if it was about a lawyer or a procedure that got it for him. But not to bode any ill will towards him. If this was a mistake hopefully when he has his day in court it will come out and all involved can put this behind themselves. "

to Mike R wrote on Jul 20, 2008 8:40 PM:

" Why is it so hard for you to believe that the procedure followed are acceptable? "

Mike R wrote on Jul 19, 2008 6:38 PM:

" Joe citizen: Besides, Judge Wefald admitted himself that it WAS policy to record those hearings. He said that it was an oversight that it wasn't. If it wasn't policy, then it wouldn't have been an oversight to not have it done. "

Mike R wrote on Jul 19, 2008 6:36 PM:

" Joe citizen: Since when is Judge Wefald the municipal court judge? Municipal courts don't hear Felonies. I thought someone who would make such a confident statement as you did would know that. "

Joe Citizen wrote on Jul 19, 2008 2:40 PM:

" To Mike R, sorry Mike but cases held in Municipal Court are not recorded. Only in court of record are thing recorded. I would think a person of your self proclaimed expertise would know at leat that. "

Mike R wrote on Jul 19, 2008 2:34 PM:

" As a matter of fact, I spent a lot of time inside the court house working in law enforcement. I don't recall any hearings (including bond hearings) that weren't recorded. Even when I went into the judges chambers requesting a search warrant, the very first the judges did was to turn on the tape recorders and "go on the record". They are not required by law to record those proceedings either, but they did. Maybe that isn't the way it works in Burleigh county - I don't know for sure, but if Riha is speading lies about how this was handled, how come Judge Wefald has never responded? You would think that if the statements be Riha were really false, it would be extremely simple to show that, but no attempt has been made as of yet. Judge Wefald himself claims that the court reporter not taking notes was an oversight. Why would it be an oversight if it was standard policy not to record those hearings in the first place. By his own admission, Wefald is saying that it WAS policy to record them. "

to Mike R wrote on Jul 19, 2008 7:57 AM:

" Do you work in a court? The reason Riha has made such a stink about this is unknown to me, but he is not telling thr truth to the media. Shocking!?! What is shocking is the public grabing on to his line of half truths lock, stock and barrel. "

Mike R wrote on Jul 18, 2008 10:24 PM:

" to "to mike r" Maybe you should stop reading about court and actually spend some time working inside the system to see how things are actually done. Everything is recorded in the real world. That is how it is done. Maybe they don't have to record everything, but they do 99 percent of the time. If it was so common NOT to record these hearings, why do you think the prosecuting attorney in this case stated that the normal proceedure wasn't followed? Let me guess, you know the law and the Burleigh county court proceedure better than the prosecuting attorney?????? "

to Mike R wrote on Jul 18, 2008 2:52 PM:

" The North Dakota Criminial Procedures. By the way not everything in a court proceeding is recorded for your info. "

Mike R wrote on Jul 18, 2008 2:32 PM:

" Get it straight: bond hearings are not recorded? Really? Each and every word in every kind of hearing is recorded in all of the courthouses I am familiar with. Where do you get your facts? "

yep yep wrote on Jul 18, 2008 2:13 PM:

" The guy broke the law, Democrat or Republican, and must face the consequences the same way we all would. To get a bond hearing so late may be a little questionable. Besides a plea deal will probably be made for a misdemeanor anyway. "

uncivilized wrote on Jul 18, 2008 9:35 AM:

" To Chuck Darwin, Thank you for backing me up.

To "to to jail the innocent". It has already been said the judge decides how big of a threat a person is to the public or fleeing the city, state, or country. What you were saying about Killers and setting them free and what not else. Why not make this world uncivilized and you can become the judge, the jury, and the executioner.
Also, for making a mistake, sure it happens but not to $1700.00. That is not a mistake that is pure stupidity at it's best. IF you can just "leave" or "forget" $1700.00 I do not think you will be missing it much either way. Sorry but I am not the richest man on earth and if I had that type of money on me it would I would guard it with my life. One last thing, The system should work six days not five. "

Chuck Darwin wrote on Jul 18, 2008 8:56 AM:

" To Way off track: well said... many of these posts are getting too political. Really, what Ness was doing was merely capitalizing on an opportunity to purchase half a tank of gas. "

Get it Straight wrote on Jul 18, 2008 8:40 AM:

" I am so sick and tired of all the political hacks attempting to twist this around. Fact: Gary Ness is hired by the commission, not appointed by the Governor. Fact: Ness was HIRED in 1986 under the Sinner, a Democrat, administration. Fact: A Governor appoints people to over 140 boards or commissions, it used to be more. Many of these are not political in nature. Fact: A political appointee is a member of the Governors Cabinet, like the Directors of Parks & Rec, Game & Fish, Transportation, etc. not the Insurance Commissioner, but nice try Deb, that is completely different on why that position was appointed by the Gov. Fact: Bond hearings are not recorded, the judges order has all the information in it. Fact: Just because you sat through 8th grade social science doesnt make you an expert on government. "

to to jail the innocent wrote on Jul 18, 2008 8:16 AM:

" Did you read what I wrote? I said the judicial system should move quickly in every case to get defendents in front of judges who can set or deny bail. No killers on the loose. "Other than dangerous suspects ... " What part of that are you ignoring? I'm just saying the system shouldn't only work five days a week. "

Law wrote on Jul 18, 2008 7:52 AM:

" Economic Conservative, The Governor appoints the commission not the director.
Yes, I would think that the commission would hire a director who is politically connected to the party of the governor but it is not a "political appointment"

To to jail the innocent, all sorts of criminals get out of jail until their trial. Judges determine the risk and either keep them in jail or allow them to bond out. What Wefald did was correct and the Tribune should be able to state that but they and Riha would rather try to make more out of it. "

Way off track wrote on Jul 18, 2008 3:45 AM:

" I like how this issue is turning into a politcal war. It is not about politics it is about a man, who cares where he came from with what backround, that had allegedly stolen over $1,700.00 in cash. All we are given is information that the newspaper wants to give us, most likely not the whole truth. And, if anyone believes it is I feel sorry for you.

Let us all remember that this man is innocent until proven quilty. For all you reporters and public. At this moment and time he is innocent. He should have a job until the verdict is determind. If Gov. Hoeven and his co-workers decide he should be on administrative leave than they do not beleive with this American right, of innocent until proven quilty. They have already passed judgment. The court has determinded to let him out during the hearing, he has decided to take his own leave so what would be the point of putting him on administrative leave. No, it is just slapping him more before we here the verdict. "

To jail the innocent wrote on Jul 18, 2008 2:16 AM:

" So we should let the killer go free until trial, even though he was holding the smoking gun. We should also let the drunk driver go until trial even though he was found passed out behind the wheel in the ditch. We should let the robber go free the robbed a Quick Stop even though he was caught on camera. All because they are innocent until proven guilty. So you just want to turn out theives, killers, child molesters without a "real" bond hearing because they are considered "innocent until proven guilty" right?

Well if you are ever the victim of a crime, and they catch the person that did the crime to you. You just tell the judge and the police...."Oh, just let them go they are innocent, until proven guilty. Maybe you should go tell the woman that that may have accidently left the money there when Mr. (innocent) Ness borrowed it.

Oh and all of you bashing the poor woman for leaving that, just think next time you make a mistake and the word opps comes out of your mouth. "

In the Know wrote on Jul 18, 2008 12:42 AM:

" Dear Scates and others: The issue is not Ness or his attorney, the issue here is that Wefald did not follow procedure. He held a judicial proceding (of some type) off the record? Why did he do this? His court reporter was present. Why not ask him/her to create an official court record? Also, after Wefald sprung Ness from jail, he recused himself for a conflict of interest. Hmmmmm......didn't he have a conflict of interest when he sprung Ness? This whole deal does not pass the smell test. Why are you supporting off the record judicial action Scates? Maybe if you get thrown in jail you can be sentenced to prison "off the record." Wouldn't that be nice? "

East wrote on Jul 18, 2008 12:33 AM:

" I think the Governor, the AG, Furness, Conolly, and Judge Robert Wefald should come out to the East 40 and have a meeting about this issue. Maybe they could hold a WSI meeting while they are at it. "

kk wrote on Jul 17, 2008 7:52 PM:

" I do not think that Hoeven is the problem~ look at COnrad~ hardly a friend of Hoeven~ so it is politicans in general~ no matter what side "

Deb wrote on Jul 17, 2008 4:55 PM:

" E-conservative: I think the problem people have in seeing your point (in which you are correct) is that you're calling it a "political" appointee -- Mr. Ness' job isn't of a political nature, but he is appointed none-the-less. By a politician. Making it a political appointment. But it's a bit different than say, Hoeven appointing Adamm Hamm to whatever job it is he's pretending to do -- Adamm will have to eventually run for election to the job to which he was appointed. "

Economic Conservative wrote on Jul 17, 2008 4:34 PM:

" Thanks for showing your ignorance of the political processes of our state government Again. SO, here is the code that clarifies how our Governor Appoints the member of this as well as the other copmmissioners: NDCC 2-05-01. Aeronautics commission - Creation - Membership. The North Dakota
aeronautics commission consists of five members. The governor shall appoint each member for a term of five years, except that a member appointed to fill a vacancy before the expiration of the term for which the member's predecessor was appointed must be appointed only for the remainder of the term. Each member shall serve until the appointment and qualification of the member's successor. Each member of the commission must be a qualified elector of this state. Any member of the commission may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office. Each member of the commission shall receive compensation of seventy-five dollars for each day or portion of a day the member is actually engaged in the performance of the duties of the member's office and payment for mileage and travel expenses as provided in sections 44-08-04 and 54-06-09. The URL is as follows if you want to learn more about our state government: http://www.legis.nd.gov/cencode/t02c05.pdf. Now who is the one who has "no idea about the political process so do us all a favor and stop trying." Are you another Hoeven crony who is trying to mislead the people? "

The problem is Hoeven wrote on Jul 17, 2008 4:32 PM:

" He appoints the board and they hire his buddy just like WSI and Furness or Blunt. These buddies of Hoeven continue to commit illegal acts because they know that this state government will cover for them no matter what they do.The Attorney General (Stenejhem not Wefald) has been presented evidence by not only the Burleigh county States Attorneys but the whistleblower and many many others and this states Attorney General absloutley will NOT prosecute a Republican for anything. Period! Look at the number of open record requests made to this Attorney General and though orders the agency to turn over the information (at his VERY leisurely pace) he make no attempt to punish state employees who deliberately break the law. Why should they change as long as Hoeven and Stenejhem protect them? "

Again wrote on Jul 17, 2008 4:02 PM:

" to Economic Conservative: You have no idea about the political process so do us all a favor and stop trying. Ness is not a political appointee.

to jetcity: 1. A bond hearing has nothing to do with the police report or the complaint, it has to do with the flight risk of the accused. There doesn't need to be detailed charges, there are not witnesses or testamony at these things. They take about 60 seconds to decide. 2. There isn't a requirement that they are recorded, the judges order is the documentation. "

Deb wrote on Jul 17, 2008 4:01 PM:

" The part that SCates is missing, about which I'm not suprised, is that yes, Riha stated that the criteria weren't explicitly followed, but that it's not unheard of to have the situation work out this way. And more over - it's happened before. So what's the problem? SCates - you're blinded by your cronyism - you're out to get Riha at all costs. Hang it up buddy. "

interested wrote on Jul 17, 2008 3:51 PM:

" Why wouldn't Robert Miller call an IMMEDIATE meeting of the board when Ness was arrested? He waited for the governor's request and now he's "trying" for the 24th or 25th? The board is responsible for the millions of tax dollars managed by Ness, who after being charged with felony theft should not have even walked into his office again until after the case is resolved. The commission should be calling for a full audit of their books. And why would Mark Holzer say he didn't know how long Ness would be on "vacation"? That is just insulting to basic common sense. I would hope that the people around this whole mess would at least do their jobs honestly... this is disgraceful. "

jail the innocent wrote on Jul 17, 2008 3:29 PM:

" I just don't understand the criticism or the Trib's position. F. Lee Bailey used to interview prospective jurors by asking, "Do you believe that a person is innocent until proven guilty?" Naturally, almost everyone agreed with that. Then he'd ask, "Do you think the police just go around arresting innocent people?" The jury pool shrunk conisderably.

Why should anyone, other than dangerous suspects, spend a weekend in jail just because our justice system only works five days a week? Shouldn't every suspect be arraigned promptly and either be denied or given bail by a judge? If Ness is innocent (I'm not saying he is, but by our system he is - today) and he spent a weekend in jail because a judge or a state's attorney were too busy to deal with his case, that would be a real tragedy.

What am I missing? "

jetcity wrote on Jul 17, 2008 3:21 PM:

" Mamamia, the parts you are overlooking are 1. the fact that a complaint or police report was not done prior to his 'hearing', (they didnt even know what to call it), which is practically unheard of , and 2. it was not recorded. Whether you have money for a good lawyer or not there are still typical proceedures that are followed, which they weren't in this case. "

SCates wrote on Jul 17, 2008 3:15 PM:

" MamaMia: Although you may not like the fact that we agree on anything, I think it is a red-letter day when we do. Very Cool. Those of you that think that this is a bunch insider-connection business, you better research the ND Rules of Court and Criminal Procedure. Had Dickson not done all he could to keep his client out of jail when all was legal he would have risked dicipline as an attorney. Riha knows this. He knows that his people knew that there was nothing wrong about the proceedings. They made no objections to any part of the process. The Point: When the county States Attorney is making public statements about prominant public officials and he knows that they are not correct we have a very serious problem. "

Economic Conservative wrote on Jul 17, 2008 3:09 PM:

" Yep, I am an economic conservative that beleives in justice and the American way, not the corrupt ND way. I am glad that not only do we have a state full of naive people, but now according to some, some North Dakotans also have the ability to read minds. How sad that some of you want the Tribune to "myob" and become a part of the corrupt problem with our state officials. To the Tribune I say "hats off to you" for having the courage to print the truth. As for being a Hoeven appointee, doesn't the Governor submit his name to the Board for confirmation? Sure sounds like an appointee to me. "

MamaMia wrote on Jul 17, 2008 2:21 PM:

" SE Forty: Not it you'd called Tom Dickson, or any of the many savvy, competent lawyers we have in Bismarck--and have the ability to pay for it. That's how it works. "

SE Forty wrote on Jul 17, 2008 1:39 PM:

" If I were to have "STOLE" the money as gary ness did, I'll bet I would have spent the weekend in jail. I have never been involved with any type of court or jail activity either. People that really know me would consider me a straight up person as ness is being made out to be. "

to Economic Conservative wrote on Jul 17, 2008 1:15 PM:

" Neither Blunt nor Ness are political appointees. You claim to be an Economic Conservative so wouldn't you agree that the taxpayers shouldn't have to pay for him to sit in a jail cell over the weekend if they don't have to. If the story would have been reversed and Wefald got the call at 4:30 about the hearing and didn't take it you all would be hanging him for not working a full day. The editorial board is once again making statements of opinion without facts and will end up contradicting itself as it did with WSI. First WSI is broken and now with privatization looming everything there is working great. Hypocrites. "

To Mamamia wrote on Jul 17, 2008 12:51 PM:

" I agree completely and would do everything in my power not to sit in jail over the weekend. This is getting so blown out of proportion and the tribune really should myob. I feel sorry for the guy. Maybe it was a mistake, maybe it was a split-second total lapse of judgement, but whatever it was, the trib doesn't have to drag it through the mud over and over and over again. Whatever the outcome, the man's reputation and career is ruined forever. The constant barrage in the paper just doesn't do anyone any good. "

Economic Conservative wrote on Jul 17, 2008 12:11 PM:

" Once again, the niavete of North Dakotans is shining through. It's not money that gets you justice in our state, but rather political connections to our "good old boy" mentality. One would think that Wefald would have learned to walk carefully when dealing with a politically connected defendent after the Blunt ruling handed him by the Supreme Court. Why is it that we always have to run to the defense of a political appointee when they are charged with a criminal act? I wonder where the sense of fair play and morality of the folks defending Wefald and the special treatment that was obviously dispensed in this case was learned? "

PO wrote on Jul 17, 2008 11:42 AM:

" My suggestion for what Judge Wefald did for this man, is vote him out of office next election he runs in. Should be no place for men who cover for their friends when they are in a position that allows them to do so. "

MamaMia wrote on Jul 17, 2008 11:41 AM:

" I think it would be a good idea if the Trib had kept its editorial nose out of this. If I got it trouble on a Friday afternoon and called as competent an attorney as Tom Dickson, I know I darn sure would not spend a weekend in jail. It's not Mr. Ness, it's the influence of an extremely savvy and competent attorney. And, no, Tom is not my attorney. "

The Point wrote on Jul 17, 2008 11:12 AM:

" Steve: Not sure what your point is? What is the problem in Burleigh County? How is Riha not telling the truth? The misleading statements are that the "run of the mill defendant would have spent the weekend in jail". Well, that is because the "run of the mill" defendant does not have the money to hire an attorney. Those who do have the money to hire an attorney can get the attorney to schedule a hearing in front of the court. Grumpy is right, the more money you have, the more justice you get. Of course Mr. Ness is going to get out of jail, he has the resources to post bond. But the "run of the mill" defendant doesnt' have those resources. Right or wrong, lies or truths, that is the state of the criminal justice system. "

kk wrote on Jul 17, 2008 10:53 AM:

" Hail OLD BOYS NETWORK~ a pretty sad scenario of NOrth Dakota~ and this is the way it is done here~ why do we allow this???? "

SCates wrote on Jul 17, 2008 10:15 AM:

" Riha is not telling the truth. This was done Friday afternoon at the courthouse, Wefald was the only Judge available. There were two Burleigh County States Attorneys Office lawyers in the room for the hearing. We have a real big problem in Burleigh County. "

Grumpy Old Republican wrote on Jul 17, 2008 9:14 AM:

" The more money you have, the more justice you get.

The Old Boy Network is alive and well in North Dakota. "

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