Acquittal for former West St. Paul council member facing misdemeanors

It is not uncommon for people in St. Paul to get into disagreements with one another, especially when the dispute concerns their home environment. Some disagreements may be over property lines, some arise from planned construction projects and some may stem over barking dogs. However, sometimes arguments escalate with people making criminal charges against the other person involved.

Allegations of misconduct

In August 2012, a council member for West St. Paul found himself facing criminal allegations of misconduct. The charges were filed after claims that the council member used his position with the city to interfere with a construction project and a property purchase. A contractor was allegedly verbally abused by the council member but there is no information on what exactly was said. The contractor was at a redevelopment project next to the member’s home when the event allegedly occurred.

The council member was also accused of threatening to use his position to block a buyer’s building permit applications.  The buyer was intending to purchase property next to the member’s home as a rental investment. It is unknown what type of construction was planned for the property or whether the sale of the property was completed.

Innocent till proven guilty

Regardless of whether a person is accused of a misdemeanor crime, like the one above, or something more serious like drug possession or embezzlement, it is important to remember that the person is innocent until evidence proves otherwise. The United States judicial system is founded on this belief and is designed with the intent to protect the innocent.

This means that the burden of proof lies on the shoulders of the prosecution; it is the prosecutor’s responsibility to prove to a judge or jury beyond a reasonable doubt that the person is guilty of the crime they are accused of. The amount, or type, of evidence required depends on the crime but can involve:

  • Eyewitnesses
  • Forensic evidence like blood, saliva or fingerprints
  • Testimony from law enforcement
  • Defendant’s confession
  • Possession of items relating to the crime
  • Social media postings, pictures and recordings

The Minnesota criminal defense attorney’s job is to question the validity of the evidence presented. If the prosecutor is unable to show that the person committed the crime, then the jury has no other option but to find the defendant not guilty.

Acquitted of all charges

In the case involving the West St. Paul council member, the prosecuting attorney was unable to convince a jury that he committed the crimes he was accused of. As a result, the jury voted for acquittal of all charges.

When people are accused of committing a crime, it may be a good idea for them to seek legal representation. An experienced and knowledgeable attorney can help them understand what to expect in the legal process, advise them of their rights and inform them of the options available to them.

Source: Star Tribune, “Former West St. Paul Council member acquitted of misconduct,” Pat Pheifer, Jan. 15, 2014

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.