Judge orders on pre-trial issues in Norman case

Published 8:05 pm Monday, May 9, 2011

Mower County District Court Judge Fred Wellmann on Monday ordered that all witnesses except the lead investigator in the case of former Albert Lea City Manager Jim Norman be sequestered during the course of the trial.

Jim Norman

Wellmann said once the witnesses testify, they will be ordered not to discuss their testimony with other witnesses until a verdict is rendered. The same rule applies to other involved parties and court employees.

“This is an absolute, and it’s a clear order,” he said.

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The order was issued before jury selection began Monday afternoon in Freeborn County District Court in the case. It was one of several requests that had been made by Norman’s lawyer, Peggy Rockow of Albert Lea, regarding the procedures and questioning that could take place during the trial.

Norman, 57, faces eight charges, including permitting false claims against government, theft with the intent to exercise temporary control and misconduct by a public officer. He is accused of misusing the city-issued credit card for about $2,300 in personal purchases.

Wellmann’s order does not prohibit Rockow and special prosecutor Brenda Miller of the Waseca County Attorney’s Office — who is handling the case for Freeborn County — from speaking with their witnesses. It does, however, state that the lawyers are not supposed to discuss prior witnesses’ testimony with witnesses before they testify.

Wellmann noted that Waseca police detective Angie Grotberg will be allowed to assist Miller throughout the trial in the courtroom with the lengthy amount of investigative materials. Grotberg will also at some point be called to testify herself.

Rockow had argued before Wellmann’s order that Grotberg was a critical witness, who not only interviewed Norman but also many of the other key witnesses in the case. She did not like that Grotberg could hear the testimony of other witnesses prior to her own testimony.

Wellmann said as in any other case, Norman will be allowed to sit and listen to all of the proceedings as is his right as the defendant, even though he will have the opportunity to testify later if he desires.

Also discussed Monday morning was whether Rockow would be able to make any arguments that her client was selectively prosecuted after a previous order by Wellmann stated he had previously ordered that Norman was not selectively prosecuted, so Rockow would not be able to question witnesses about this in trial.

Miller also motioned that any other alleged misuse of the city credit card by other employees not be allowed to be explored during the trial.

Rockow ordered against this motion as well.

Norman’s trial is slated to last most of the week.

Wellmann is presiding over the case because of a conflict with Freeborn County District Court’s judges.