On September 15, 2009, Cook County Attorney Tim Scannell and Minnesota Attorney General Lori Swanson were notified that the Minnesota Court of Appeals had “reversed and remanded” the conviction of James Lee Curtis of Grand Marais. In January 2008, Curtis was sentenced to 153 months at the Minnesota State correctional facility in St. Cloud for attempted murder in the second degree (with intent, not premeditated).
The charges and conviction stemmed from an incident on April 9, 2007 during which an apparently intoxicated Curtis discharged a .45 caliber handgun over his wife’s head.
After his conviction, Curtis’ attorney sought another trial, arguing that the court had erred in allowing inadmissible character evidence. The petition for another trial was denied by the district court, however the MN Court of Appeals disagreed, finding that “there is a reasonable possibility that wrongfully admitted evidence significantly affected the verdict.”
The Court of Appeals opinion documentation noted that at trial, defendant Curtis’ primary defense was that he had not intended to harm his wife. During cross-examination, Curtis further testified that he had never harmed his children or touched them except for disciplinary spankings. The prosecution called one of Curtis’ adult children to testify as rebuttal witness, disputing his statement.
However, the Court of Appeals found the testimony to be more prejudicial than probative [supplying proof or evidence] and based on the admission of that evidence, reversed the district court decision and remanded the case back to the district court for further proceedings.
Thecounty could once again pursue a conviction for seconddegree attempted murder or it could try Curtis on lesser charges of second-degree assault with a dangerous weapon, discharge of a firearm within a municipality, and an act of domestic assault with intent to cause fear of immediate bodily harm or death. County Attorney Scannell said he is working with the Minnesota Attorney General to determine the best course of action. A decision must be made within 30 days.
Curtis remains in confinement at St. Cloud.
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