Posted by: Lister | April 14, 2007

Mevludin Hidanovic

The story of this man has been doing the rounds at a few blogs, apparently beginning at Graeme’s Blog. Hidanovic was sentenced to 18 months in prison, but one of the Jurors has claimed she convinced others to vote guilty by telling them of her experience with other Bosnians.

His attorney tried to get a re-trial. A judge upheld the conviction.

Mevludin Hidanovic requested a new trial after a juror came forward. That juror said she had persuaded other jurors to convict Hidanovic, based on bad experiences she’d had with Bosnians.

[...] Today a Cass County judge denied his request for a new trial. In spite of juror Becky Rettig’s revelation that Hidanovic’s Bosnian ethnicity motivated her to convict to him. Judge Wade Webb says there is no evidence of juror misconduct. He says Rettig’s comments were general and did not specifically identify Hidanovic. Therefore any comments she made were not prejudicial.

Juror regrets voting guilty.

Rettig says in an affidavit that she was the only juror who originally voted him guilty during the first jury polling. She says she convinced other jurors to convict him.

She says she told fellow jurors that Bosnians had stolen from her business and then lied about it.

This isn’t available at the original site anymore, I found it on Google cache: Jamestown Sun.

Juror affidavits do not support a new trial for a man convicted in a fairgrounds brawl, a prosecutor says.

Mevludin Hidanovic is seeking a new trial after one juror said she had a change of heart. Becky Rettig said she had persuaded other jurors to convict Hidanovic based on her bad experiences with Bosnians.

Hidanovic was sentenced to 18 months in prison for engaging in a riot while armed. The charge stems from a June 24 brawl at the Red River Valley Fairgrounds involving more than 20 people.

Cass County Sheriff’s Detective Dean Wawers asked jurors to submit affidavits in response to Rettig’s claims.

“Rettig did not provide additional information to the jury about Mevludin Hidanovic, but discussed generic experiences with an ethnic group,” Assistant Cass County State’s Attorney Mark Boening wrote in court papers submitted Tuesday.

“Becky Rettig may have something similar to ‘buyer’s remorse’ over her verdict in this case, but there is no reason to grant the defendant a new trial,” Boening said.

Sheriff’s officials said they were interested in any connections between Rettig and Hidanovic’s wife, Chanda, since both apparently attended school in West Fargo. The women denied knowing each other until a coincidental meeting at a restaurant after the trial.


Responses

  1. Please continue to share our story! My husband and I have taken polygraph tests and he has refused to take any plea agreements because he had nothing to do with this fight. He is now sitting 18 months in jail. Please take a moment to send an email to the States Attorney
    attorney@co.cass.nd.us

  2. The direct e-mail for the state’s attorney is mark.boening@co.cass.nd.us

    Please help us!

  3. cheers!

  4. You’re welcome.
    Graeme’s update Apr 18th

    Both Amnesty International and prominent Roma rights activist Ian Hancock are aware of the situation. I believe an evidentiary hearing is scheduled for the end of the month.

  5. Judge Says No Again to New Trial (May 3rd 2007)

    Central District Court Judge Wade Webb heard testimony today from a woman who said she saw a man other than Hidanovic with a baseball bat during the June fight. But Webb said that was not enough to show Hidanovic would have been acquitted.

  6. Depressing. What does it take?

  7. I am in the process of starting a website for Mevludin. It will be done soon. I have purchased t-shirts and fliers. Just let me know if you are willing to wear a t-shirt to support the cause. I will send you one (free!). mevludinhidanovic@cableone.net
    We have recently had an innocence project accept our case. They have been amazing and supportive. Here is a revelation for you: as high as 20% of incarcerated people are innocent!
    Cross racial eye witness identification is as high as 80% incorrect. It scares me! I realize people are wrapped up in their busy lives to care about every thing that is going on but I assure you this has changed me forever. I want to help more people. You guys are all helping just by blogging about it and sharing it with as many people as you can. Thank you!

  8. I hope you get a break soon, Chanda. I can’t understand the lack of a retrial after what Rettig has said.

    I’m in Britain, so I don’t think a T-shirt will help much. But please do give me the link to your website.

  9. The website is up and going….come visit us. Some of the links might nit be working yet but should by the end of the week!

    http://www.freehidanovic.com

  10. i am from bosnia to and live in atlanta georgia i am very sory about your husband if you need anysuport let me know i will organase something with bosnian people in atlanta something like donations for the atorny fees e mail me at selmahamza@bellsouth.net.your are not alone we stad behind you 100 %.

  11. Selma,
    That is a genorous offer.
    I don’t know how often this page is read by Chanda Hidanovic. Her e-mail is listed at:

    Free Hidanovic

  12. Thanks so much

  13. Supreme Court oral arguments are Nov 1. This is our last chance, we really need to win!

  14. Good luck tomorrow, Chanda!

  15. I can’t find the results of the appeal, even though it’s been a while. There’s a comment by NdOkie on this newsreport, asking why the other jurors didn’t report Rettig. It kind of undermines the idea that they were not affected by her remarks, and makes we believe her when she says that she was the only person to vote guilty in the first poll.

  16. We still haven’t heard anything. The Supreme Court must really be thinking hard about this case. They have already posted decisions on the cases argued the same day as Mevludin’s. Out attorney said sometimes it can take month’s for them to post a decision. It has been a very stressful long wait so far, but I promise to let you know the outcome. Some how this has to be fixed! How can someone could be sitting 10 months in jail for nothing?? It is insane.

  17. Still nothing. We have been waiting since Nov 1

  18. That’s awful, Chanda. And not just. If it takes the Court months to consider its answer, then surely the case isn’t beyond reasonable doubt.

    Your attorney said it could take months. But that can’t be the usual amount of time to take. What’s so complicated about a case where a juror has admitted to racism?

  19. Apparently if we win this appeal it will change laws in our State regarding juror misconduct. Our lawyer says it is a good thing that it is taking this long. The Supreme Court’s response will be well written. I just hope we win and our life can move forward in a positive way. This has detroyed our faith, our trust and our family. I just want it to be over.

  20. I’m not a lawyer, so your attorney is most likely correct. I googled — juror dakota oath — and got North Dakota Juror’s Handbook:

    After the whole jury panel has been selected, you will all be asked to stand, raise your right hands and have the following oath administered:

    “Do you solemnly swear that you will consider all the evidence in this case, follow the instructions given to you, deliberate fairly and impartially and reach a fair verdict? So help you God.”
    You answer, “I do.” If you do not care to invoke the name of God in the oath, you may “affirm” instead of “swear” and may substitute for “So help you God” the phrase:
    “Under the pains and penalties of perjury.”

    If a juror has admitted to not being impartial, then surely she broke the oath.

  21. When the jury when to deliberate 11 said not guilty and only one said guilty. Over 6 to 7 hours she managed to change everyone’s mind. I can’t imagine how they could find him guilty beyond a reasonable doubt. Then afterwards that one juror comes forward and says she found him guilty because he is Bosnian??? It’s really insane. I can only hope something positive comes out of this mess!

  22. Mevludin’s appeal was denied. He will be deported 7/15/08

  23. I’m very sorry to hear that Chanda.

    I’m sure that this has been a very difficult year for you. And this final result is a real kick in the teeth.

    It all seems to fall short of justice to me. Mevludin didn’t get a fair trial with a fair jury, and being deported is going to be difficult too.

    The verdict doesn’t look like it can be changed. Is there any way to appeal the deportation with the verdict as it is?

  24. I spoke to the best immigration attorney in Minnapolis yesterday. He said the immigration deportation process will move very quickly. Mevludin has less than a 20% chance to be able to stay here. We need to prepare for the worst right now.

  25. 20% isn’t much hope to cling to.

    It seems like you’ve tried everything else. Try this last one too. But prepare for the worst, as you say.


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