Herald Journal,
June 23, 2003
Borrell's court case moving forward
By Julie Yurek
The court case of Representative Dick Borrell moved forward Friday.
Borrell was in court for an omnibus hearing in Buffalo. His attorney, Mark Wersal, requested the entire transcript of the grand jury hearing proceedings that was conducted in March.
Borrell is charged with two gross misdemeanor counts of false political campaign advertising relating to the 2002 fall election in which he was elected.
Wersal is required to show good cause in his request, said Meeker County Attorney Michael Thompson, who is the prosecutor in the case.
Thompson objected to the request because he doesn't think Wersal has shown good cause, he said.
Judge Stephen M. Halsey requested letters from Wersal and Thompson stating their arguments regarding the request for the transcript. The attorneys have until Friday to submit the letters.
Halsey will decide whether or not to grant Wersal's request in private, Thompson said.
Wersal also challenged probable cause and constitutionally challenged the statute of gross misdemeanor false political campaign advertising.
His challenges will be heard at the contested omnibus hearing Tuesday, July 29.
If found guilty, the maximum penalty Borrell faces is a $3,000 fine and/or one year in jail.
Borrell could lose his Senate seat at a judge's determination.
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