BISMARCK - The North Dakota Supreme Court has reversed a Fargo judge's order giving a former Dakota Boys Ranch employee a new trial in a sexual assault case.
The state high court released an opinion Tuesday agreeing with Cass County prosecutors that East Central District Judge Georgia Dawson should not have granted a new trial for Peter J. Wright.
The unanimous decision orders the case sent back to Cass County, where the lower court judge is instructed to deny Wright's application for post-conviction relief.
Justice Dale Sandstrom, writing for the court, said Wright had "failed to establish a reasonable probability" that his trial would have had a different outcome if his lawyer had acted differently.
The case stems from incidents in January 2000, when a 13-year-old girl at the co-ed residential facility in Fargo said Wright sexually assaulted her. He denied it and said he was on the phone with someone in North Carolina when the girl said it happened.
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Wright's lawyer did not call the North Carolina person as a witness. The jury convicted him and in February 2001 he was sentenced to 10 years. He did not appeal the verdict.
Instead, he applied in March 2003 for post-conviction relief, saying his lawyer should have called the North Carolina witness. Dawson agreed and granted Wright a new trial. Cass County prosecutors appealed Dawson's decision.
Readers can reach Forum reporter Janell Cole at (701) 224-0830
