At the latest fitness hearing held via Zoom on Monday, Dec. 22 at 4 p.m. at the Ramsey County Courthouse for ex-Devils Lake Police Officer Rey Hennen, the presiding judge ruled to allow as evidence audio/video recordings made during the defendant’s mental health evaluation. Hennen is currently facing multiple felony charges alleging child endangerment and sexual assault, after a standoff in September with Devils Lake Police.
Judge Anthony S. Benson, a district court judge for the Northeast District, presided over the hearing remotely from the Bottineau County Courthouse. Assistant Attorney General Kathleen Murray for the prosecution appeared remotely from her office at the North Dakota State Capitol in Bismarck. Acting for the defense, Ulysses Jones appeared remotely from his home office in Devils Lake, while his client Hennen appeared from Cass County Jail.
Judge Benson described the hearing as “a status conference to consider some motions filed regarding fitness evaluation.”
Murray filed a request for any recordings, audio or video, from the state hospital in Fargo that were part of the mental health evaluation of Hennen to determine competency and criminal responsibility. “They told me at the state hospital that they do, at least, audio record them, so it is a standard practice, I believe,” she said.
“I think that would give us some of the best evidence for the court to review … to see if he is currently fit,” Murray added. “I think that would allow us that information to support whatever it is they give in their report.”
While she wasn’t yet requesting an independent evaluation, she did want it on the record that if the state deems it necessary, that she be provided the opportunity to file such a request at a later time.
While Jones had no objection to the use of the evaluation itself to determine the defendant’s fitness to stand trial as well as criminal responsibility, he was opposed to the request for any recordings made during the process as he felt the hospital’s written report should be adequate. “It is just our belief … that basically whether it’s audio recorded or video recorded, that’s not going to basically aid in a determination, primarily due to the fact that we’re looking at individuals who will be doing the examination, who have extensive experience in matters of this nature,” he said. “And I believe that due deference should be given to their decision regarding fitness to proceed.”
After a brief review and consideration of the statute regarding audio and video recordings in court cases, Benson decided to allow the recordings involved in the evaluation of Hennen. Although Benson agreed that the main portion of the evidence in evaluations comes from the evaluator, he didn’t see great risk to either the defense or the prosecution by including them as evidence. Jones confirmed with the judge that the recordings would be delivered under seal to the court and defense.
Jones also felt that, given it’s the holiday season, sufficient time should be allotted so that all parties can receive said information in a timely fashion.
Murray agreed, as both she and Jones have planned time off for the holidays, that enough time be allowed to receive and review any documents or recordings prior the next scheduled hearing, likely sometime after Monday, Jan. 5.
“There’s no need to set up another hearing date until we get the results back,” Benson said.
