Judge chides county attorney in Adam Fravel child protection case: 'Your rush to judgment is misplaced'
An attempt to suspend the reunification efforts of an accused murderer and his children was denied by a district judge, who called into question the constitutionality of the county attorney's actions.
WINONA — A district court judge has denied a motion to suspend reunification efforts of Adam Fravel, who is accused of murdering his ex-girlfriend, and his children and admonished the Winona County Attorney's office for attempting to subvert his constitutional right to a fair trial.
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The county attorney's office is prosecuting that criminal case and is handling the separate child in need of protection or services civil case. Phillip Prokopowicz, a former Dakota County prosecutor, is leading the prosecution team for Winona County against Fravel.
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The children are currently in the custody of Winona County but are being supervised by their grandparents, David and Cathy Kingsbury.
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[District Judge Mary] Leahy firmly rejected the motion Wednesday and called it an attempt essentially to try Fravel's criminal case in civil court, though any sort of parenting time will be suspended while he is in custody.
"If you think we're going to try this murder case here today in this motion, you're gravely mistaken," Leahy said in court. "We have this Constitution that ensures everyone due process. It ensures the defendant a fair trial. It ensures a trial by his peers. It ensures a presumption of innocence until proven guilty beyond a reasonable doubt. It does not ensure that there's going to be an end around through a CHIPS proceeding."
Leahy urged the county attorney and the grandparents to address parenting time in the appropriate venue.
"Your rush to judgment is misplaced in these proceedings," Leahy said, adding the matter needs to be taken care of in family court.
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Fravel's lawyer, Thomas Braun, objected to the expedited timeline put forward by the county in the CHIPS case, noting that Minnesota statute establishes a regular timeline for such cases. Braun also objected to the county attorney's office playing a role in both the criminal and civil cases, noting that it presents an inherent conflict of interest.
Fravel is not asking for any form of parenting time while he's in custody on a conditional million-dollar jail bond,
Braun said. He noted that prior to his arrest, there had been no issues with the supervised parenting time involving Fravel and his children.
A district court judge has denied a motion by the Winona County Attorney's Office to terminate the parental rights of Adam Fravel, who is accused of murdering his ex-girlfriend, and admonished the office for attempting to subvert his constitutional rights to a fair trial.
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