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From the account in this paper ("Rape case dismissed after lie to judge," Jan. 10), Hennepin County Attorney Mary Moriarty did not have to dismiss the rape case involving Marco Tulio Rivera Enamorado.
The article states that the prosecutor, Catherine McEnroe, got an entirely appropriate note from a staff member during the trial. For some unknown reason, when questioned about the note, the prosecutor lied about the note's contents to the judge. That lie, while a gross breach of duty, does not appear to have had any impact on the right of the defendant to a fair trial. Situations like this are routinely handled outside of the jury's presence. McEnroe's misconduct was an alarming breach of her duty to be truthful to the court. Certainly, she should be disciplined for that misconduct. But in the absence of any substantial and irreversible harm to the defendant's rights, Moriarty's decision to dismiss the case was flat-out overkill.
The proper thing to have done would have been for Moriarty to ask Hennepin County Judge Peter Cahill to decide if the trial could continue after hearing argument from both sides. Moriarty's statement that dismissal was required for "transparency" is erroneous. "Transparency" could have been achieved by publicly disciplining McEnroe without dismissing this serious case with a 14-year-old victim.
As a prosecutor in the Hennepin County Attorney's Office for 32 years, I handled hundreds of sexual assault cases. I believe the defendant's responsibility for this crime and the prosecutor's responsibility for misconduct are separate issues that should have been handled separately.
As the Hennepin County attorney, Moriarty has a duty to the public to be a zealous prosecutor. Her decision to dismiss this case demonstrates an instinct that is more closely aligned to that of a defense attorney, not of a prosecutor.
James Appleby, Roseville
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Congratulations to newly elected Hennepin County Attorney Mary Moriarty for following through on her campaign promise. Casual readers might think the dismissal of charges against alleged rapist Enamorado on procedural errors is trivial, and those who endorsed Moriarty's opponent in the recent election (including the Star Tribune) might think it unfortunate that Enamorado would walk free, perhaps to commit additional crimes.
But I think this case represents a potential watershed moment for criminal justice reform in our community. As a longtime public defender, Moriarty is likely aware of the tendency of law enforcement and prosecutors to cut corners — up to and including the withholding of mitigating evidence, and sometimes even perjury. It is hardly a coincidence that the dismissal of the Enamorado case came in Moriarty's first week in office.
Law-and-order types likely assume that Enamorado is a "bad guy" who they want off the street and argue that cutting a few corners to do so is justified. But when we speak of criminal justice, the word "justice" is every bit as important as the word "criminal," and a system built on cutting corners does not produce justice. I've never met Moriarty, but she seems to have a reputation as stubborn when it comes to justice, and I hope she continues to be.
John K. Trepp, Minneapolis
HAMLINE UNIVERSITY
What's Islamophobic about fine art?
As an art history major I am deeply troubled by the contract nonrenewal of a Hamline University art history professor ("Hamline stirs up academic row," Jan. 10).
I don't believe in censorship of art or books. Higher education is intended to lift the mind and spirit and open us to larger worlds. Should a radical minority dictate what can and cannot be used in an art history lecture? Or any lecture? Especially when the professor was careful to "warn" her students in advance? I fail to see what is Islamophobic about fine art. Especially when the image was created by a Muslim. We are not forced to look at or read something that offends us. But we should not prevent others from their right to learn or tailor a professor's syllabus to a specific religion.
Hamline failed its students for the sake of misguided "sensitivity."
Mary Jane Miller, Chanhassen
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There are protocols to living in a peaceful, harmonious and tolerant society. The foremost is to show respect toward those who differ from us. We don't play loud music during a church service, and we take shoes off before entering a mosque, cover our heads in a synagogue, offer non-pork or non-beef products to our non-Christian students and have now started to observe their religious holidays in schools. Just like those instances, we should also start to learn that showing a depiction of Prophet Muhammad in an open class where there might be a Muslim student, who, just like others, has a right to be in that class — as she has paid her tuition, is probably taking that class to graduate and probably has had little time (just like other young students) to read the syllabus beforehand — would be offensive and hurtful.
To project a depiction of Prophet Muhammad without adequate warning ("[Student Aram] Wedatalla said she heard the professor give a 'trigger warning,' wondered what it was for 'and then I looked and it was the prophet'") is not academic freedom, it's being insensitive.
Islam is a religion of forgiveness and religious tolerance. Many ancient religions have actually flourished over many centuries as they were under Islamic rule where their followers were protected and their religious views were respected. We are taught to respect others despite their differences. The foremost example is that of Paris Muslims opening their mosque during the Holocaust and protecting their Jewish brothers and sisters during Adolf Hitler's invasion.
So just as we are taught to show respect and tolerance toward others, please, do not hurt our feelings by using the name of academic freedom.
Sophea Woolner, St. Paul
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Hamline muffed it. Instead of fulfilling its primary function as a learning institution and teach, it chose to administer. And it has put the student involved in a more uncomfortable situation than if this matter could have been discussed in class and perhaps also with members of the Muslim community, a learning experience extending beyond the classroom. As the student herself said, "I would never wish any bad thing to happen to anyone." Well, it did happen. Big time. Nationwide media coverage. Is it too late for the university administration to admit its big oops and see if some reconciliation is still possible? It's never too late to learn from our mistakes — and at least try to undo wrongs.
Jim Lein, Minneapolis
SNOW REMOVAL
Hire some enthusiastic retirees
For the city to decide to take over shoveling of sidewalks from homeowners would be a big step. The article "Should Minneapolis shovel its own sidewalks?" (Jan. 7) talks about "unknowns," and chief among them is how hard it would be to hire 200 temporary workers, along with obtaining 120 sidewalk plows. Easy. Don't you see it? Sidewalk plows (equipment) and geezers (operators): They go together. Raising a temporary "Geezer Corps" would not be too hard. There are of lot of retirees, men and women, who might welcome a little extra income as well as the feeling that they are doing something for their community. Did you say Bobcat with a snow auger? Where do I sign up?
Bob Reilly, Minneapolis
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Oh, the horror ...
Recent media commentary abounds with features about unplowed streets and towed vehicles.
Have the big thinkers in city government come up with a plan yet for the day soon to be upon us when their Minneapolis 2040 Plan allows for construction without concomitant requirements for off-street parking to support these higher-density buildings, which will effectively turn most side streets into blocks-long, choked parking lots? Let it snow, let it snow, let it snow.
Stay tuned.
Bruce Downing, St. Cloud
