Media Coverage

Juror regrets voting ‘guilty’
By Steven P. Wagner, swagner@forumcomm.com
Front page - 03/27/2007

A juror in an emotionally charged trial claims she voted to convict Mevludin Hidanovic for a fight at the Red River Valley Fair in West Fargo because of previous experiences with Bosnians.

Becky Rettig, 36, of West Fargo said she regretted her vote hours after a Cass County jury convicted Hidanovic for engaging in a June 24 riot, and told his lawyer about it when he visited the bar where she works.

“I just basically had a change of heart,” Rettig said Monday while bartending at O’Kelly’s Tastes and Toddies. “I just basically said I’m sorry about what happened.”
Rettig said Hidanovic’s trial attorney, Ross Brandborg, came to her work by coincidence on Jan. 5, the same day jurors returned a guilty verdict after about five hours of deliberation.

She filed a detailed affidavit Feb. 28 in Cass County District Court. Brandborg also filed a motion for a new trial, but he no longer represents Hidanovic, 29, of Fargo.
“This is not just a change of heart,” Rettig wrote. “I believe that I used undue influence, irrelevant facts, my own experiences with Bosnians and my experience with the criminal justice system to convince the other jurors.”

Lawyer David Chapman, who was hired by Hidanovic’s family to represent him in post-conviction relief efforts, said he may add additional arguments for the new trial motion.
The motion includes several arguments.

Chapman and Mark Boening, an assistant Cass County state’s attorney, met Monday with East Central District Judge Wade Webb to ask for guidance on Rettig’s claim of jury misconduct.

“I think this is a touchy situation we leave to the judge,” Chapman said. “It’s unusual for jurors to come forward.”

Webb, who sentenced Hidanovic to 18 months in prison, gave prosecutors permission to seek more juror affidavits in response to Rettig’s claims. The judge set an April 5 date to hear other arguments.

“I’m not 100 percent sure what we’re going to do,” Boening said. “I haven’t figured out how to investigate this.”

Boening said he believes most of Rettig’s affidavit is impermissible under rules governing evidence and jury statements. However, he remains uncertain how to look into her claims that she told jurors about Bosnians stealing from her and discussing race “in a negative way.”

If Rettig made the comments, Boening believes Webb must decide whether a “hypothetical, average juror” might be swayed.

Rettig said she followed her gut, both in voting for guilty and changing her mind. She said she’s apologized to Hidanovic’s family, which she ran into at a restaurant.
“I just wish the family the best,” she said. “Hopefully, good things come to good people.”

In her affidavit, Rettig said she was the sole juror who favored a guilty verdict during the jury’s first vote. “Over the next five hours I used my influence to eventually convince the rest of the jurors to vote in favor of guilty,” she said.

Hidanovic faced trial for a brawl involving 20 to 30 people. Witnesses told officers that Hidanovic was part of a riot that took place at the fair’s midway. Court documents said one man was hit over the head with a baseball bat, which was found at the scene. Juror, Tammy Schatz, said she doesn’t recall any comments about race during jury deliberations. She declined to comment further. Jamie Gunderson, another juror, said someone brought up race initially. “We just shot it down,” he said. Witnesses testifying at the trial appeared credible and uncomfortable being on the stand, he said. Jurors followed the court’s instructions and “everybody tried to do the best to their knowledge,” Gunderson said.

Readers can reach Forum reporter Steven P. Wagner at (701) 241-5542.