subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Tue, Nov 24 2009 

Resources

print this story   Print this story
  Post to del.icio.us

Photos


James Aloysious Wieseler
The Free Press


71-year-old guilty of sex assault

Judge blocked access to case file

Dan Nienaber
The Free Press

But what happened with the James Aloysious Wieseler case that was filed a year ago is even more rare for this reason: Everything about it was kept from public view by a judge’s order, until Friday.

Immediately after the criminal sexual conduct case was filed on Aug. 18, 2006, Blue Earth County District Court Judge Norbert Smith ordered that the probable cause portion of the charges against Wieseler be kept secret. Smith also ordered that “all subsequent documents filed” remain sealed to the public. The only exceptions in Smith’s order were Wieseler’s attorneys and county prosecutors.

During his 24 years as a judge, Lyon County District Court Judge George Harrelson said he can “count on one hand” the times where he’s issued a similar order. Harrelson, who is the chief judge for Minnesota’s Fifth Judicial District (which includes Blue Earth County), said each order was made to protect child victims in sexual assault cases.

“I think it’s safe to say it happens very rarely,” Harrelson said.

What made Wieseler’s case even more rare was a decision by court administrators, based on Smith’s order, to remove a record of the case from the court’s public access computer system. So anyone searching Wieseler’s name on the public access computer wouldn’t have known he had been charged with, and pleaded guilty to, felony charges involving sex with children.

That’s something that should only be done in extreme cases, such as charges relating to national security, said Mark Anfinson, a media attorney.

“Then you don’t even know what’s going on with the case,” Anfinson said. “It destroys any possibility of public accountability and oversight and that just isn’t proper.”

Some questions were raised Friday about whether Smith’s order required court administrators to go that far, said Judy Besemer, Blue Earth County court administrator. Smith’s order was lifted Friday by District Court Judge Kurt Johnson, who had taken over the case, after a request was filed by Assistant Blue Earth County Attorney Pat McDermott.

The Free Press had requested the file be opened more than a year ago, and renewed that request this week in a letter to Johnson.



print this story    email this story   
Click here to load this Caspio Bridge DataPage.
Click here to load this Caspio Bridge DataPage.






autoconx

Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Premier Guide

 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index