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Appeals court reverses Bemidji man's criminal sexual conduct conviction

The Minnesota Judicial Center in St. Paul, home to the Court of Appeals and the Minnesota Supreme Court.
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The Minnesota Judicial Center in St. Paul, home to the Court of Appeals and the Minnesota Supreme Court.

The appeals court ordered a reversal, agreeing that evidence shown to a jury and submitted by Beltrami County prosecutors was inadmissible.

ST. PAUL — The Minnesota Court of Appeals reversed a criminal sexual conduct conviction in Beltrami County in an opinion filed Tuesday, April 28.

Appeals court judges ruled that the district court abused its discretion by allowing Beltrami County prosecutors to show inadmissible evidence to a jury.

Jeremy Scott Jenkins, 45 of Bemidji, was initially charged with first-degree criminal sexual conduct with a minor and convicted by a jury in 2021. The victim alleged Jenkins abused her in her family’s home when she was 13 to 14 years old.

In his appeal, Jenkins argued the victim’s 75-minute forensic interview was hearsay or an out-of-court statement generally not admissible at trial.

Prosecutors moved to submit the video as evidence during a pretrial hearing under the medical-treatment exception of hearsay. Due to discrepancies between the forensic interview and the victim’s on-stand testimony, the appellate judges agree with Jenkins.

The appellate court ruled a reversal without remanding, which means the original judgment must be vacated, and the state would not have jurisdiction to retry the case.

Prosecutors have the option to appeal the ruling to the Minnesota Supreme Court.