The most significant charge leveled against Sandy Blunt, former CEO of the North Dakota State WC fund, never should have been brought. And if it wasn’t, he would never have been convicted of a felony.
Blunt was charged with authorizing sick leave for and failing to collect moving expenses from a Fund exec who was terminated within two years. In theory, if he left within the two years, the moving expenses paid by the Fund should have been reimbursed.
Turns out that the prosecutor who brought the charges, Cynthia Feland, knew that failing to collect the moving expenses was not a crime – yet she brought charges anyway.
She had in writing that the ND Attorney General advised state auditors in October of 2006 that the exec did not voluntarily leave and thus there was no legal authority to collect. This fact was then put in writing to Feland a year before the trial and she
– added it as a crime just weeks before the trial and
– withheld the memo proving it was all legally done, thereby not giving the defense exculpatory evidence she was legally required to provide.
Feland clearly violated her obligation not to bring charges without probable cause, she violated her obligation to turn over witness statements, she violated her state obligation to turn over exculpatory evidence, she violated her federally mandated “Brady” obligation to turn over exculpatory evidence, she violated Blunt’s due process rights by not allowing him a preliminary hearing for probable cause on the issue, and she lied right to the Judge’s face in open court about the whole thing (including that it was in the audit when it was not).
I repeat my query from earlier this week:
What in the hell is going on in North Dakota?
And why is there no coverage of Feland’s potentially criminal activity in the press up there?
Is North Dakota some third world country where the State’s employees can decide which laws they are going to comply with based on what best suits their personal/political needs? Where a person’s personal and professional life can be ruined in what can only be a personal or political vendetta? Shouldn’t someone from the State, the FBI, or another law enforcement entity be investigating Feland?
What does this mean for you?
If Sandy Blunt can get absolutely screwed by the system, so can you.
Nov
5
Joe
Thanks for following this story. Sandy Blunt is one of the most intelligent, honest and fair individuals I have ever had the honor of meeting. What North Dakota has done to this man is a travesty. The prosecutor and everyone tied to this persecution should be brought to justice and have their lives torn apart just the way they did to Sandy, his wife and two young children.
Cy King
The real story is the prosecutor, Miss Feland with the help of the Auditor’s Office used taxpayer’s money to destroy this man. This is misappropiation of entrusted funds and it was done by people sworn to uphold justice.