A grand jury will be convened in Crow Wing County Tuesday through Thursday.
Crow Wing County Attorney Don Ryan on Tuesday confirmed a petition to convene the grand jury was filed.
However, Ryan is prohibited by law from saying what the grand jury is being called to consider. By law, what transpires in the grand jury chamber is kept secret.
Grand juries, made up of 16 to 23 citizens from a pool of people selected each year, examine issues and conduct investigations. Grand juries have the authority to hand down indictments.
In Minnesota, a first-degree murder charge with a life sentence may only come from a grand jury indictment. Election law issues may also be brought to the grand jury. A prosecutor may present factual information to see if there is enough to justify proceeding forward with an indictment in a bank robbery, for instance.
Grand juries may consider or investigate any number of issues simultaneously or look at different issues one at a time.
Nothing is recorded in the grand jury and no other disclosures are made after its deliberation other than whether an indictment is handed down or a no bill, meaning no indictment.
Once an indictment is handed down that becomes public information.
It was learned that a subpoena was served to Monty Jensen, the county resident who requested an investigation following an alleged voter fraud incident in 2010.
In the fall of 2010, Jensen said he was at the courthouse when residents of a group home, who were accompanied by staff members, were voting. At the time, Jensen said what he witnessed crossed the line of proper voter assistance and amounted to the manipulation and undue influence of vulnerable adults.
By law, individuals with mental health issues are allowed to vote and have someone assist them if necessary unless a judge has taken away that right or the person has been declared incompetent.
It’s unknown how many witnesses may have been subpoenaed to testify before the grand jury or how many issues may be considered during the two days. Jensen said the only issue he’s been involved with in the area has revolved around the voter fraud issue.
Jensen said the subpoena only stated he was a witness in a grand jury investigation and he was to arrive at 9 a.m. Tuesday.
RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.
Comments (24)
Add commentBut Mr. Ryan, I thought
there was no evidence found to support a charge of voter fraud?
Perhaps some of the people involved provided further evidence?
Or maybe, just maybe, you're finally doing your job to protect the exploited adults like James Stene?
Jeff Czeczok
Don Ryan
Mr Czecok, Don Ryan does his job. He has done an awesome job protecting the folks in Brainerd. Why don't you go find something to do with yourself.
vincent
makes a good point:
What has changed since last November to suddenly see a grand jury being formed? New evidence?
If there is no new evidence, why did Don Ryan wait 11 months to bring what he himself described as "no evidence" to a grand jury?
Perhaps Ryan could no longer cover the tracks for fellow county employees, and decided he will not be the first one under the bus....?
Surprise
They might look into Obama's birth certificate.
Haters
He is an awesom Attorney.
Ryan's e-mail reply
to ujulie07:
Thanks for your | 10/12/11 - 01:59 pm post, honey.
Donnie
Maybe somebody blew a whistle
Maybe somebody blew a whistle on how corrupt crow wing county really is.
Goodness doesn't count
Our government and legal system isn't based off of if they're good or bad, but based on what they did, and didn't do. We don't punish people for being bad, but for doing bad. Mr. Ryan may be "good," but should that excuse him doing bad? Should abusing the valnerable for personal or political gain be tolerated? If a law allows that, should that even be a law? Law are to protect us, not used to abuse us.
correction
Jim! ....... "vulnerable."
WHINING,The Dems are needing their puffs plus
The same old whiners comments about this issue is humerous...The Dems are needing their puffs plus...
Judge orders 4 not to vote!
The Dispatch didn't provide their readers with the public data in this weekend's story:
Vulnerable adults as voters at issue
http://brainerddispatch.com/news/2011-10-14/vulnerable-adults-voters-issue
Renee Richardson was provided with 4 court orders showing four of the group home residents were court ordered they could NOT vote.
View the court orders at:
http://www.shotinthedark.info/wp/?p=23521#more-23521
The Dispatch was also provided with documentation showing the names of the group home residents that voted and there were four court ordered they could not vote.
Does the County Attorney decide what the Dispatch prints?
Lakelander doesn't care...she's got her own sources and enjoys others being left in the dark.
Not only are Grand Jury members sworn to secrecy, it appears the Dispatch is too.
Jeff Czeczok
Brainerd Dispatch
This paper only prints what local officials give it permission to print!
Mr. Skeptic = Mission
Mission, you've been on the skeptical side of there ever being anything happening related to voter fraud on this issue and I'm wondering if your eyes might've perhaps been pried open even just a teensy-weensy bit now that a Grand Jury is going to be convened?
Or, are you still perhaps in denial mode?
Jeff
Ryan takes liberties with State Statute
201.275 INVESTIGATIONS; PROSECUTIONS.
A county attorney who is notified by affidavit of an alleged violation of this chapter shall promptly investigate. If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury. A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The county attorney, under the penalty of forfeiture of office, shall prosecute all violations of this chapter except violations of this section; if, however, a complainant withdraws an allegation under this chapter, the county attorney is not required to proceed with the prosecution.
{{the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury.}}
From above story:
"A prosecutor may present factual information to see if there is enough to justify proceeding forward with an indictment in a bank robbery, for instance.
"
A prosecutor "may" present factual information?
The Statute states:
"the county attorney shall proceed by complaint or present the charge.."
It appears the CWC Attorney takes liberties with the Statute, doesn't it?
JVC
grand jury
I agree with the pursuit of this election tampering issue. Surprised, barney?
Crime beyond a reasonable doubt?
{"In March, Ryan said what Jensen observed was somewhat substantiated but he didn’t have evidence of a crime beyond a reasonable doubt."}
Didn’t have evidence of a crime beyond a reasonable doubt?
But Don, I thought the State Statute said:
If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury?
Taking more liberties, perhaps, Mr. Ryan?
JVC
nope
I try to avoid trips to far off Brainerd.
no,
I don't have a dog in this fight. Let the law decide.
Isn't it at the Crow Wing County Courthouse, not Brainerd City Hall?
I agree with the pursuit...
I agree with the pursuit...
So Lakelander, do you intend on contacting the Dispatch tomorrow?
Jeff
no, vincent
Why?
Doesn't it concern you
that the Dispatch failed to provide important information to you?
no
It is not my only source of information.
Isn't a newspaper's
Isn't a newspaper's responsibility; reporting the facts of the story?
Providing their readers, all the pertinent details?
It does seem like the main
It does seem like the main witness is Mr. Jensen, and his testimony along with other possible witnesses will prove whether there is voter fraud. I think the definition of mental health problems is too broad, and each case is different. Depression is a mental health problem, but it does not mean the person needs an assistant to make decision for him.