Cook County News Herald

Bakk seeks legislation to help with legal fees for county attorney’s prosecution




During discussion with Senator Tom Bakk and Representative David Dill at the Tuesday, October 21 county board meeting, commissioners asked if there was any possibility that the county could be reimbursed by the state for the legal fees incurred in the prosecution of former County Attorney Tim Scannell. At the latest board meeting, Commissioner Bruce Martinson said that he had received news that Senator Bakk was going to introduce legislation to that effect.

Commissioner Martinson updated his colleagues, noting that the county had made a request to the Minnesota Office of the Attorney General to pay the prosecution fees of Special Prosecutor Thomas Heffelfinger, who gained a conviction of the former county attorney on two counts of criminal sexual conduct on July 25, 2014. Martinson said David Voigt of the Office of the Attorney General said Minnesota State Statutes do not allow the office to cover the cost.

The county board appealed to Senator Bakk and Representative Dill for assistance during their visit, noting that the Office of the Attorney General had appointed Heffelfinger, a “high end” attorney as special prosecutor, without input from Cook County. In a memo, Martinson wrote, “The State must have viewed a successful prosecution of Tim Scannell to be in the state’s best interest. In the successful prosecution of Tim Scannell, a message was sent to other county attorneys and those working with 16- and 17-year-old youths, not to abuse their power as a person of authority.”

On October 22, Martinson received an email from Julie M. Bayerl, leadership assistant in Tom Bakk’s office. She said Senator Bakk had asked her to research whether there was a precedent for the state reimbursing counties for costs in high profile prosecution cases. Bayerl wrote, “Our Senate counsel confirmed that this reimbursement has been done in the past.”

Bayerl said Senator Bakk planned to introduce legislation in the matter. She said his office needs the dollar amount to draft the bill. County Auditor Braidy Powers provided the total due to Heffelfinger–$ 165,063. Martinson said he provided the total to Senator Bakk’s office.

The board agreed to set up a committee to follow up on this, consisting of Commissioners Martinson and Heidi Doo-Kirk, Auditor Braidy Powers and County Administrator Jay Kieft.

Commissioner Sue Hakes thanked Martinson for his work in bringing this to the legislator’s attention.

Scannell incarceration over

A St. Louis County jury found former County Attorney Tim Scannell guilty of two felony counts of 4th degree criminal sexual conduct on July 25, 2014. On September 26, he was sentenced to 30 days in jail, 300 hours of community service, 10 years of probation and was required to register as a predatory offender. He began his incarceration at Mille Lacs County Jail on Tuesday, September 30 and was released October 18.

Scannell gave notice that he was leaving the county attorney’s office indefinitely on medical leave on October 15, 2013. As an elected official, Scannell continued to be paid his full salary until the county board passed a motion on July 31, 2014, removing him from office because of the conviction.



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