Last Friday the news couldn’t have been much worse for ex North Dakota state work comp fund CEO Sandy Blunt: the state’s Supreme Court affirmed his felony conviction on charges of theft. I spoke with Sandy that day, and can only report that he was all but devastated by the ruling.
What a difference a week makes. This morning, Sandy must have a whole different outlook – the prosecutor who convicted him is herself under investigation for allegedly suborning perjury and prosecutorial misconduct.
Late this week sources informed me that the state’s bar association was about to begin a formal ‘trial’ of Cynthia Feland based on evidence she withheld information from Blunt and his defense attorney. While this isn’t an actual criminal proceeding, it is quite serious, as the allegations, if upheld, are grave enough to result in Feland’s disbarment for life.
As I reported months ago, “I contacted Feland several times over the last few weeks, asked her directly about this situation, and she refused to address the key question – had she provided Blunt with a copy of the State Auditor’s memo which cleared Blunt of any malfeasance related to Spencer?…” You can read her response to my query, but here’s the net – The prosecutor has no record of providing the defense with a document that would have allowed the defense to prove that the prosecution’s main charge was not a crime.
While I couldn’t force the issue, the state Bar Association, and the county sheriff, have.
The details are beginning to come out. This morning’s Bismarck Tribune had a front-page, above-the-fold article detailing the allegations against Feland. Although Feland pooh-poohed the proceedings, according to the Tribune, “Sending a case to the Disciplinary Board for formal proceedings means “basically, they’re making a finding that there’s probable cause that misconduct occurred,” [ND Supreme Court Clerk Penny] Miller said.”
As assistant prosecutor, Feland personally led the state’s prosecution of Blunt.
The evidence was brought to the attention of the ND Bar Association by Steve Cates, author of the North Dakota Beacon and one of Sandy’s long time supporters. Case has diligently and persistently pursued the facts in this case for more than a year and a half, poring over thousands of pages of transcripts, reviewing each and every exhibit and scrap of evidence.
In the course of Cates’ research it became apparent that Feland had failed to turn over exculpatory evidence, evidence that would have proven Blunt’s contention that a state auditor had reported that most of the charges against him should never have been brought.
Not only did Feland withhold evidence, but she knew, before she brought the charges, that several of the charges weren’t crimes. And even more seriously, Feland suborned perjury by getting a key prosecution witness, Jason Wahl, to lie on the stand.
Feland isn’t the only prosecutor in hot water over their mishandling of the case. According to the Tribune, “The documents obtained by the Tribune said the Inquiry Committee West also found that Riha [Feland’s boss] was issued an admonition for violating rules 5.1(a) and (b) of the Rules of Professional Conduct by not making sure that the attorneys in his office were conforming to the rules of professional conduct. The admonition also was issued against Riha for violating rule 3.8(d) of the Rules of Professional Conduct for his office not turning over a Nov. 8, 2007, memorandum from Jason M. Wahl in the state auditor’s office to Feland.“[emphasis added]
The Wahl memo indicated Blunt’s actions regarding a discharged fund employee, actions that Feland had said were illegal, were perfectly legal.
Sources also indicate, and I have confirmed, that the county sheriff has launched a criminal inquiry into Feland based on alleged perjury charges. The charges stem from Feland’s statement to the judge at Blunt’s trial that all charges against Sandy had been sent to Blunt’s defense counsel before trial. It now appears that Feland knew this wasn’t true.
At long last, the truth is beginning to come out. Blunt was convicted, and his conviction upheld, due to prosecutorial misconduct. Simply put, he was railroaded by a prosecutor who accused him of crimes he didn’t commit and lied to the judge during the trial.
Sandy can’t get his life, or his reputation back. Here’s hoping he makes the Burleigh County prosecutors pay for what they did to him, and make it abundantly clear that these criminal actions carry a very heavy penalty.
Jul
24
