Ed Schafer didn't think Cass County's old jail and sheriff's residence were worth saving, but that didn't stop the former North Dakota governor from helping John Strand Wednesday.
Schafer, who years earlier had declined Strand's offer to join the "Save the Jail" group, testified as an expert witness on civic activism during Strand's trial against Cass County.
Schafer said he wanted to help Strand when he heard the county had filed a counterclaim in response to Strand's lawsuit to save the buildings.
"I said, 'I don't think it's right, and if there's anything I can do to help, let me know,' " Schafer recalled on the stand.
Judge Mikal Simonson allowed Schafer to testify over the objections of Cass County attorney Todd Haggert, who contended the former two-term governor carries such a high profile he would unfairly prejudice the jury, presenting a reversible error on appeal.
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Simonson, who came from the Southeast Judicial District to avoid any conflicts with a Cass County-based judge, told the jurors they can disregard Schafer's opinion if they doubt his credibility as an expert.
Schafer said he prepared for his appearance by looking at court documents, reading a book about governmental lawsuits against citizens and re-reading the First Amendment.
Strand contends the county intended to intimidate and punish his civic activism with its $39,000 counterclaim. The action came in response to Strand's lawsuit, which halted demolition of the old sheriff's residence and jail for six working days in April 2003.
The county insists it had a legal and factual right to the claim and filed the counterclaim in the interest of taxpayers. The county had to pay its contractors $39,000 because of the delay.
Schafer said elected officials should consider not only the financial impact of their actions but also the social and political impacts. He said counterclaims such as Cass County's could limit further activism against governments.
Under cross-examination, Schafer said he has no legal training and was not testifying to the legality of the counterclaim.
Haggart also asked if it's fair to say the law imposes duties on citizens to go with the rights it affords them.
"I think that is a fair statement," Schafer said.
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Haggart asked Schafer if he was aware of any motivation behind the county's counterclaim other than the exercise of a legal right.
"No, I'm not," Schafer said.
Schafer, who lives in Fargo, said it was the first time he's testified as an expert witness. Testimony in the trial continues today.
Readers can reach Forum reporter Dave Forster at (701) 241-5538
