Published: October 20, 2009 10:59 pm      

Sexual assault cases at standstill

The sexual assault cases against Dean Leroy Freerksen III are essentially at a standstill, according to Assistant District Attorney Westline Ritter.

Ritter, who is based in Alfalfa County, but travels the district as the lead sex crimes prosecutor, said, “everything is stayed.”

She made the comment after a bond hearing that was stopped before it could begin Tuesday afternoon.

The hearing was set to review a motion from the state to hold Freerksen without bond. However, before the motion was discussed, Freerksen’s attorney David Christian asked to meet with Major County Associate District Judge Vinson Barefoot in chambers.

Court records show that Woodward County Associate District Judge Don Work had previously recused himself from all of Freerksen’s cases “due to a conflict.” Barefoot was called in to replace Work on the case and even had to delay the start of the court proceedings by approximately 30 minutes Tuesday as he tried to familiarize himself with the case.

However, his efforts proved to be in vain, as Christian announced to the courtroom, after returning from an approximately 10-minute discussion with the judge and Ritter in chambers, that he planned to file a “motion to disqualify.”

Christian then asked for the proceedings to be stayed pending the outcome of that motion. He noted that he understood staying the proceedings would mean that no bond would be set for his client.

It was agreed that the proceedings were stayed and the judge remanded Freerksen back into the custody of the Woodward County Sheriff’s Office.

Because of Christian’s announcement of plans to file a motion to disqualify, Ritter said, “no action can be taken until a formal motion is filed and we address that.”

Although she was prepared to go forward with the hearing Tuesday, Ritter said that she had “anticipated” that Christian had planned to file the motion to disqualify.

Christian has already filed a similar motion in a previous case against Freerksen, in which he has asked the court to dismiss the case “due to the inability of the district court to provide defendant with the due process required . . ..”

In that motion, which was filed last month, Christian claims that the judge in the case has a “pecuniary interest” in the case, which he claims would make one “question the fundamental fairness of a bind-over for trial and/or a conviction” of Freerksen.

The same motion to dismiss was filed in a case against Freerksen’s wife Alicia Freerksen, who is also facing a number of sexual assault cases.

Ritter noted that despite Christian’s motions to dismiss or disqualify, the immediate result is the same as if her motion to hold without bond had been approved as Freerksen remains in jail, as does his wife.