AITKIN — The assistant Aitkin County attorney who has prosecuted a number of Line 3 protester cases has been reprimanded by the North Dakota Supreme Court for violating the rules of professional conduct.
In an order issued late last month, the state Supreme Court outlined disciplinary findings of a complaint about Garrett Slyva, who was employed by the Fargo Public Defender's office in 2021 and early 2022.
A client reported Slyva asked her out on a date during an in-person visit at the Cass County Jail in Fargo and told the client the conversation should stay between them because he controlled her court date.
Slyva denied the visit took place as described and said the client misunderstood the conversation.
The disciplinary board found the client's testimony to be credible, however, alongside that of jail staff, who described her demeanor after the visit. The client expressed such concern about the interaction and its impact on her criminal case, she appeared willing to give up her attorney-client privilege to allow jail staff to listen to phone conversations with Slyva.
Slyva was investigated two months earlier for inappropriately putting his arm around a client.
This incident prompted the supervising attorney to require Slyva make in-person visits only behind a glass partition, but Slyva did not follow this order this on the day in question.
Slyva was terminated from the public defender's office immediately upon discovery of the conduct, documents stated.
KAXE reached out to the Aitkin County Attorney's Office seeking comment, but that request has not yet been returned.
Slyva was the prosecutor in the recent jury trial of Mylene Vialard, a Boulder, Colorado, woman who participated in an Enbridge Line 3 protest near Swatara. The jury found Vialard guilty of felony obstruction of justice and sentencing has not yet taken place.
The defense team raised numerous complaints about the prosecutor's conduct during the trial and in post-conviction requests, including those for a new trial.
In response, the state argues the court has rejected all of these arguments already and there is no basis now to reach a different conclusion.
Bemidji Police Department provides clarifying details on status of sexual assault investigation
BEMIDJI — Five days after the announced arrest of a Texas man for the rape of an 11-year-old girl, authorities in Bemidji released more information about the case.
Bemidji Police Chief Mike Mastin stated in a news release Wednesday, Oct. 4, that authorities are continuing to investigate the circumstances surrounding the sexual assault of a minor in the city.
Twenty-two-year-old Oscar Luna is in the Beltrami County Jail, charged with first-degree criminal sexual conduct, a felony that carries a 30-year maximum sentence.
According to the complaint, the 11-year-old victim told investigators of two other victims who were tied up and raped by a man called "Panda," and other men. The victim said she went to a residence with an aunt, who is named in the complaint but has not been charged.
A physical examination of the victim showed multiple injuries to her private areas. Luna was identified as a suspect based on the victim's description, who denied assaulting the child but did say he knew the girl's aunt.
The police department's update detailed a search warrant in the case executed in a residential Bemidji neighborhood. Mastin stated they located an adult female initially described as a second victim, who did not report being assaulted.
Authorities, including agents with the Bureau of Criminal Apprehension, continue to investigate the possibility of a third victim and other aspects of this incident.
As part of the search warrant, 12 other people were located in the residence. Border Patrol was reportedly called in to assist with the language barrier, and 11 of those people were turned over to Border Patrol custody.
Mastin stated at this time, none of these individuals are suspects in the assault and the incident appears to be isolated.
The release also asked the community to recognize the trauma and respect the privacy of the juvenile involved in this case.
Luna will make his next court appearance Monday.
Highway 34 construction moves to next phase
AKELEY — The Minnesota Department of Transportation announced today the Highway 34 project in Akeley will move to the third stage of construction tomorrow.
Highway 34 will be closed from Graceson Avenue to Hillside Avenue during this stage.
Motorists will detour utilizing Highway 64 and Hubbard County Road 25.
Crews on Highway 34 will be wrapping up construction for the season later this month, as weather allows. They will return in the spring to finish any remaining work.
St. Louis County Jail Library dedicated in honor of late donor Leona Gifford
DULUTH — A new plaque is hanging in the St. Louis County Jail Library honoring the woman affectionately known by residents as the "Library Lady."
Jail staff, including recent retirees who'd worked with Leona Gifford, gathered with her family Tuesday to dedicate the library in her memory.
Leona Gifford was a longtime librarian who helped establish a library for inmates to use, first at the old jail site in downtown Duluth and later at the current jail.
Her background included working as a librarian for the Red Cross in the Philippines during World War II, and later a lengthy career as a librarian in Boston.
She moved to Duluth in the mid-'80s and began volunteering at the St. Louis County Jail. She died in 2002.
Earlier this year, jail staff learned that Gifford is the great aunt of new St. Louis County Commissioner Annie Harala.
Discovering that "the Library Lady" had family members still in the area inspired staff to create a plaque to permanently honor Gifford for her generosity and the opportunities she provided to justice involved individuals at the jail.
-
Without the funding, residents’ water bills could increase from about $40 a month to nearly $70. The projected costs for the new facility have risen substantially. -
The lawsuit states Robert Slaybaugh was placed in a cell with a sheet and a bunk previously ID'd as a suicide hazard, despite an “overwhelming combination of risk factors.” -
The second and final public comment evening for the boundary dispute trial heard a broad mix of comments from affected residents along Lake Bemidji. -
The fire has been mapped at 160 acres. A predicted change in weather calls for increased and shifting winds, creating a potential to push the fire toward the trail. -
Plus: The Minnesota Department of Human Rights announced it secured two settlements against northern Minnesota employers for sex discrimination; and the US Small Business Administration is operating a disaster loan outreach center through Oct. 18 in Bemidji for those impacted by the June 21 severe storms. -
The Department of Human Rights announced settlements over "blatant workplace sex discrimination" with Lakes Concrete Plus in Bemidji and Key Lime Air in Thief River Falls. -
The judge further ruled that evidence gathered as part of a driving-while-intoxicated investigation will remain in the case record and scheduled a plea hearing. -
The Minnesota Interagency Fire Center reported the fire is burning in mixed maple hardwoods and fall leaf litter, primarily in a ridge area of the park. -
The ranks of the hungry are expected to grow as grocery prices remain high and the federal government has cut food stamps and other nutrition programs. -
Plus: Attorney General Keith Ellison hosts a forum in Bemidji; and webinars address forest management in wake of the June severe storm in the Beltrami County area.
