Man accused of jail assault takes appeal to state Supreme Court

Published 12:00 am Thursday, June 28, 2001

Juan Lopez Ortiz may stand trial in mid-July for the assault of two Freeborn County jail employees last year, but attorneys have asked the Minnesota Supreme Court to intervene in the proceedings.

Thursday, June 28, 2001

Juan Lopez Ortiz may stand trial in mid-July for the assault of two Freeborn County jail employees last year, but attorneys have asked the Minnesota Supreme Court to intervene in the proceedings.

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The state public defenders office petitioned the Supreme Court to overturn an earlier state appeals court decision allowing prosecutors to charge Ortiz with first-degree assault, use of deadly force, said Ortiz defense attorney Chester Swenson. Assistant Freeborn County Attorney David Walker has filed a response in the matter.

Attorneys don’t know when the Supreme Court will rule on the issue, Swenson said. Meanwhile, a Third District judge has penciled in three days for the trial, beginning July 17.

The defense will not call many witnesses, but anticipates a lengthy jury-selection process, Swenson said.

&uot;It is not going to take that long to try this case, witness wise,&uot; he said.

Albert Lea police apprehended Ortiz on a Maryland warrant after he was stopped for a traffic violation last July. He allegedly assaulted two jail employees, seriously injuring one, in an apparent escape attempt last August.