Media Coverage

The Forum - 05/04/2007

An East Central District Court judge has denied a motion for a new trial filed by a Fargo man convicted of engaging in a riot while armed during a brawl last summer at the Red River Valley Fair.

Judge Wade Webb denied Mevludin Hidanovic’s motion after hearing testimony from a 20-year-old woman who said she saw a man other than Hidanovic brandishing a baseball bat at the fight.

Hidanovic, 29, was convicted by a jury Jan. 5 of the Class C felony and sentenced to an 18-month prison term Feb. 26.

Ashley Kron of Moorhead testified Thursday that she saw a different man than Hidanovic wielding a bat and hitting her boyfriend’s brother. She saw Hidanovic at the fight about a minute before it ended.

She added while she did not see him fighting, she was not at the fight the entire time and was unsure how long he had been there.

“I’m not so certain he wasn’t participating,” Kron said. “But when I seen him, he wasn’t fighting.”

Kron said she wanted nothing to do with the investigation and was afraid of retribution if she came forward.

Hidanovics attorney, David Chapman, argued that Kron had no reason to lie, saying “her credibility is very important in this case.”

“I think if she were on the stand the doubt would be there,” Chapman said.

Assistant State’s Attorney Mark Boening disagreed, saying Kron’s information was not new and if anything, he believed her testimony would have helped the state’s case. Boening said he believed her testimony would impeach Hidanovic’s testimony at trial that he got to the brawl when the fight ended.

In his ruling denying the motion, Webb said Kron’s testimony was cumulative to other testimony during the trial. Webb said he did not believe it would have led to an acquittal because it was not new evidence.

The ruling marked the second time Webb denied Hidanovic’s request for a new trial. He rejected an earlier motion April 5 after hearing arguments about potential juror misconduct.

Becky Rettig, 36, came forward Feb. 28 with a signed affidavit, saying she had a change of heart about the verdict. She also claimed she sought to convict Hidanovic because of her experiences with Bosnians, which she said impacted the jury’s deliberations.

Hidanovic, a Roma Bosnian who moved to Fargo in 1999, may face deportation unless his conviction is overturned.

Chapman said he plans to appeal the decision and said he does not believe Hidanovic’s quest is over, telling reporters, “Stay tuned.”

Boening declined to comment.