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Republican ads hammered Democratic nominee Jim Justice as being aligned with Clinton and the president. and grew up in East Grand Forks was one of two public defenders — with Jim Austad — who represented Fairbanks"Mr Fairbanks was disappointed in the verdict He thought he had established intoxication which would have been sufficient to get it down to second-degree murder"On Wednesday the defense asked Remick to add the lesser included charge of second-degree murder to the original first-degree charge It would take no intent to kill for a jury to find for second-degree murder Defense will appealHellekson said he will notify the court today that Fairbanks will appeal the verdict The state’s appellant office now will take over the case he saidHe expects a number of issues including rulings by Remick about what the defense could argue during closing as well as the racial makeup of the jury will be raised in appeal Hellekson saidA pre-trial study by the defense found that the pool of 100 people examined for the jury had only two people who indicated they were minorities Hellekson said But a study by the defense found that 8 percent of Polk County’s population is minorities and he had asked that the jury pool reflect that percentage Hellekson saidHe objected when one woman who said she was American Indian was tossed from the jury by prosecutors Remick denied his objection saying the prosecutors had valid non-racial reasons for vetoing the jury candidateHe had asked that the trial be moved to Crow Wing County surrounding Brainerd Hellekson said It’s not just because he lives there but because the population is more diverse reflecting something closer to Mahnomen County’s large American Indian population Hellekson said "Mr Fairbanks was concerned with the racial profile of the jury" Hellekson said and he would have preferred more minorities on the jury None of the 12 jurors were racial minorities he saidDespite his concerns about the racial or ethnic make-up of the jury Hellekson said "It was a great jury" The 11 days of interviewing about 100 people to get 16 on the jury panel — Remick wanted enough to last the long trial — was an unusually long event"The tedious process of only getting one juror a day for two weeks it was a careful screening and we picked the most qualified people" Hellekson said "I think Judge Remick was very patient with that process""It was a very intelligent jury" Hellekson said "Most of them were professionals some with advanced degrees"One woman on the jury who asked not to be identified said this evening: "I just need to relax a little bit and think about everything" before saying much "We knew it was an important thing and wanted to make sure we followed all the court’s directions and the evidence" she said "It’s not something you just decide quickly"The jury could have taken the 12 charges against Fairbanks in any order during deliberation But she said they took them in the sequence given in the indictmentWhich means they first decided the big question: that Fairbanks committed first-degree murder of a peace officer which carries a mandatory sentence of life in prison They could have instead found him guilty of second-degree murder which requires no intent to kill and has a maximum sentence of 40 yearsThe jury’s conscientiousness can be seen perhaps in that after finding that Fairbanks should spend his life in prison they took most of their time in deciding the remaining 11 charges including finding Fairbanks not guilty of two of the assault charges against law enforcement officersTwice the jury asked for the judge’s assistance both times involving the question of whether Fairbanks shot toward certain officers during the standoffOnce they wanted to listen again to a 10-minute audio recording of officers during the standoff discussing what they figured was a gunshot fired toward officers during the standoff And once they asked if the single count involving assault against a police vehicle behind or in which five officers took cover required finding that all five were assaulted by a gunshot Remick told them the charge required "at least one" of the officers to have been assaulted The jury returned to deliberate two more hours They ordered in pizza today — as they did Wednesday evening — for a late lunch about 1:30 pm and apparently worked through lunchPraise for juryAttorneys from both sides praised the work of the jury The five women and seven women seemed hard-working taking notes often during testimony examining exhibits closely and rarely if ever showing lack of attention during the long trial with hundreds of exhibits and nearly 60 witnesses Juror Steve Delaney impressed attorneys from both sides during his juror interview by his lengthy explanations about how important he thinks it is to be fair and hear all sides He lives in Crookston and works for a manufacturing firm After the trial he seemed spent and declined to comment much on the deliberations"It’s a very tough thing at this time to describe" he said "It was just very tough"Dewey died Aug 9 2010 in hospice care from complications from the gunshot to his head and his funeral drew many law enforcement colleaguesMahomen County Sheriff Doug Krier said today that Dewey’s badge number 909 has been retired "Nobody else will ever wear that number" Krier said Dewey’s replacement Deputy Jake Thompson was in court today with a handful of other deputies from the county It’s been a long time of stress for his department of 10 deputies in addition to himself Krier said"I think the best thing that is going to come out of this is that we will have some closure for the department but especially for the family (of Dewey)" Krier said "This has been going on for 2 and a half years"Having such a shooting of a law enforcement officer is so rare and damaging he said But Deputy Dewey was doing his job well and was a victim of the danger all law enforcement officers face on the job Krier said Dozens of law enforcement officers from across the region responded that day to the call of an officer down in Mahnomen on that frigid February day after Dewey was shot One State Patrol Trooper testified at trial he heard about it while near Thief River Falls that morning and covered the 60 miles or more to Mahnomen in 28 minutes"Everything that happened the officers did everything they were supposed to do" Krier said "As to why it happened we still don’t have the answer"City Attorney Howard Swanson said the ordinance is meant to give the city the power to regulate adult business that it lacks now"Clearly it indicates just how outdated our laws are" he saidThe ordinance will come up for discussion at 5:30 pm today during the City Council’s Finance Development Committee meetingThe owners of Fantasy’s a Fargo store selling lingerie novelty items DVDs and sexual devices plan to open a store at 418 N Washington St Though the location is on a commercial strip neighborhood residents have objected to the fact that it is a block from Winship Elementary school prompting the City Council to pursue the ordinanceBased in part on the city’s regulation of alcohol sales the ordinance if approved would require owners and employees of sexually oriented businesses to acquire licenses that the city could revoke if they violate any standards set by the city"It’s very similar to what we would ask of people who are bartenders" Swanson saidIt would also prohibit sexually oriented businesses from opening within 500 feet of schools places of worship parks and most types of residential zones as well as other sexually oriented businessesCurrent city zoning ordinances restrict sexually oriented businesses to industrial zones — a requirement that does not apply to Romantix a downtown bookstore predating the ordinanceBusiness typesThe draft ordinance’s definition of a sexually oriented business specifies an "adult bookstore or adult video store" "adult cabaret" "adult motion picture theater" "semi-nude model studio" and "sex paraphernalia store" For book and video stores the ordinance states that 30 percent of their business be based on adult materialA sexual paraphernalia store is defined as a business that "regularly advertises or holds itself out in any medium as an establishment that caters to adult sexual interests" but excludes health-related businesses and those inside shopping mallsIt also includes an extensive definition of sexual devices but excludes items intended to prevent pregnancy or the transmission of diseaseThe ordinance also lays out several activities that would be grounds for revocation of a business’ license including prostitution use of controlled substance sexual activity drinking alcohol and allowing minors in the business The law also bans enclosed areas such as booths for watching videos and requires an unobstructed view of the store by employees supervising the businessSwanson said the owners of Romantix an adult store at 102 S Third St.

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