Gerhardsteinstatement by twincities


									     1. First, when a criminal case is charged, the factual basis for the charges is based solely on the evidence that is
          communicated by police at the time the case is formally submitted for prosecutorial review. After a charging
          decision is made, ongoing police investigation will typically yield more information and evidence, especially in a
          case like this where there is a large number of witnesses and multiple individuals that are charged and/or under
          investigation. When supported by the law and whether the facts can be proven to a jury beyond a reasonable
          doubt, additional facts will typically lead to new or amended charges.

           In this case, the Ramsey County Attorney’s Office has received no information from police investigators that racial
           bias was a motivating factor at this moment in time. Additionally, we believe that the current criminal charges
           against the defendant (Issac Maiden) are the highest and most provable offenses that can be charged at this time
           based upon what has been presented by St. Paul police. The investigation is ongoing.

     2. Secondly, the public should know that, from a practical standpoint, evidence of racial bias in a case such as this has
         little or no significance in prosecuting those individuals accused of brutally assaulting the victim because it is only a
         misdemeanor level offense. In Minnesota, the applicable criminal law is found under Minn. Stat. 609.2231, subd.
         4 (a), which provides that whoever assaults another because of the victim’s or anther’s actual or perceived race,
         color, religion, sex, sexual orientation, disability, age or national origin may be sentenced to imprisonment for not
         more than one year or $3,000 fine (i.e., a gross misdemeanor crime).

           The defendant in this case (Issac Maiden) was charged with First Degree Assault, which is a serious felony offense
           that calls for a significant presumed prison sentence with its length depending upon the defendant’s criminal
           history score. Under Minnesota law, because there is only one victim, the sentencing judge cannot impose two
           sentences on the defendant for the same set of facts. Accordingly, a criminal charge under Minn. Stat. 609.2231,
           subd. 4 (a), has no value from a prosecutor’s perspective and could only complicate the prosecution and
           conviction of Issac Maiden.

     3. Finally, Minnesota law does allow for a jury and judge to consider “aggravating factors.” Racial bias in connection
          with an underlying crime, if proven beyond a reasonable doubt, can be an aggravating factor to allow for a longer
          prison sentence beyond what is presumed by the sentencing guidelines grid. The investigation of this case is

Dennis Gerhardstein

Dennis Gerhardstein

Office of the Ramsey County Attorney, John J. Choi
Public Information Officer and Coordinator of Grants & Policy
345 Wabasha Street N., Suite 120
Saint Paul, MN 55102-1432
Office (651) 266-3074
Cell (651) 600-1830

The mission of the Ramsey County Attorney’s Office is to serve the residents of Ramsey County by pursuing justice and public safety,
protecting the vulnerable, delivering quality legal services and providing leadership to achieve positive outcomes for our community.

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