Posted: 5/9/07
Judge, venue change sought in harassment case
Mille Lacs County Sheriff's Investigator Jim Osowski was seen in court Thursday, May 3 on the charge of felony harassment. County attorney Jan Kolb is the alleged victim who filed the complaint after a four-year on/off relationship with Osowski. Osowski appeared with his attorney Paul Rogosheske before the Seventh District Court Judge Chief Michael Kirk. Attorney Daniel Allard is handling the case on behalf of the state. Rogosheske made a motion to disqualify any Seventh District judge to preside over the case. He argued that the county attorney works extensively with all personnel in the district. "Her credibility is presumed," Rogosheske stated. "This type of case has a lot do with credibility. This would avoid the appearance of impropriety." Rogosheske cited some old cases where judges disqualified themselves from presiding over a case. He then pointed out that there are roughly 150-170 retired judges and one of them could preside over the case. "There will be a lot of sheriff's deputies and the county attorney testifying," Rogosheske said. "That way we won't have any appearance of impropriety." Allard did not object to the request. Kirk said he would note the request, but felt Judge Pearson of Detroit Lakes could still preside over the case. "This is the first time I've sat on this bench here in 17 years," Kirk stated. "At this time, I do believe it's appropriate to assign him." The next item addressed was the prosecution's request for a change of venue. Allard said his reason was similar to Rogosheske's - the appearance of impropriety. "This case looks like it's going to trial," Allard said. "There's no way a jury can be impartial. They have preconceived notions about them." Allard also stated that media coverage has an affect and that a jury in another county wouldn't know about the case. "The county attorney doesn't want to go to court because of media," Allard said. Rogosheske countered by saying the request is premature and that there's no evidence that a fair trial can't be done in Mille Lacs County. He also pointed out that Kolb would only need to be present for the trial. "That motion comes up when picking a jury," Rogosheske said of the prosecution's request. The judge then stated, "I think it's best left, at this point, to the omnibus hearing." Allard also requested that there be a no contact order, however the original restraining order from last October is still in place. After the customary booking, Osowski was released on his own recognizance. Kirk said it would be up to Judge Pearson to determine the next hearing time and location, but he would recommend it be in Mille Lacs County. Mille Lacs County Times
Mille Lacs County Times
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