State v. LeDoux
| Decision Date | 13 August 2009 |
| Docket Number | No. A08-0260.,A08-0260. |
| Citation | 770 N.W.2d 504 |
| Parties | STATE of Minnesota, Respondent, v. Jeremy Mark LeDOUX, Appellant. |
| Court | Minnesota Supreme Court |
ANDERSON, PAUL H., Justice.
Jeremy Mark LeDoux was charged with First-Degree Criminal Sexual Conduct, Minn.Stat. § 609.342 (2008), Possession of Pornographic Works Involving Minors, Minn.Stat. § 617.247 (2008), Possession of a Controlled Substance in the Fifth Degree, Minn.Stat. § 152.025 (2008), and Furnishing Alcohol to a Minor, Minn.Stat. § 340A.503 (2008). In connection with those charges, the Becker County District Court set bail at a combined amount of $263,000. LeDoux requested a bail hearing, at which he subpoenaed several witnesses. The court quashed the subpoenas, concluding that LeDoux did not have a right to call witnesses at a bail hearing, and affirmed the existing bail amount. LeDoux appealed to the Minnesota Court of Appeals, arguing: (1) he had a right to call witnesses at a bail hearing, and (2) the bail amount was excessive. The court of appeals affirmed. We affirm.
Appellant Jeremy Mark LeDoux's first offense occurred on May 19, 2005, in Becker County. While working at a gas station, LeDoux sold a six-pack of beer to a 19-year-old man without asking for identification. The man who purchased the beer was working on behalf of the Becker County Sheriff. The State subsequently charged LeDoux with furnishing alcohol to a minor in violation of Minn.Stat. § 340A.503, but the summons and complaint were not issued until November 1, 2005. The summons, which set a court appearance for November 14, 2005 was mailed to LeDoux. LeDoux did not appear for court on November 14, 2005, and four days later a warrant was issued for his arrest.
On February 2, 2006, in Frazee, Minnesota, LeDoux was stopped by a police officer for speeding. When the officer checked LeDoux's record, he discovered that, in addition to possessing a suspended driver's license, LeDoux had an outstanding arrest warrant for his failure to appear on the furnishing alcohol to a minor charge. The officer arrested LeDoux and took him to the Becker County jail, where, during booking, the police discovered two white pills in LeDoux's wallet that were later identified as Vicodin. LeDoux was then charged with one count of possession of a controlled substance in the fifth degree, Minn.Stat. § 152.025. After being charged, LeDoux was released on his own recognizance. An omnibus hearing was set for May 22, 2008, on both the furnishing alcohol to a minor charge and the possession charge. LeDoux failed to appear at the hearing and another arrest warrant was issued.
On August 27, 2007, two people with whom LeDoux had been staying arrived at the Detroit Lakes Police Station carrying a computer tower. They told the police that they had seen a video file on LeDoux's computer depicting sexual activity involving a minor. The next day, after receiving the information, the police arrested LeDoux on the outstanding warrants for providing alcohol to a minor and possession of a controlled substance. The district court imposed bail of $3,000 for the alcohol to a minor charge and $10,000 on the possession charge. LeDoux did not meet the bail amount and remained in jail.
When confronted with the allegations regarding the contents of his computer, LeDoux admitted to possessing over 100 photographs and video files of minors engaging in sexual acts. On October 2, 2007, LeDoux was arraigned before the Becker County District Court in Detroit Lakes on a charge of possessing pornographic works involving a minor in violation of Minn.Stat. § 617.247. The court set bail at $50,000 with the additional condition that LeDoux not have any contact with minors or use the internet without court approval. Again, LeDoux did not meet bail and remained in jail.
On October 18, 2007, a juvenile female came to the Detroit Lakes police and alleged that LeDoux had sexual contact with her multiple times during 1999 and 2000. The juvenile was nine years old at the time of the first alleged sexual contact. The alleged incidents included inappropriate touching as well as sexual penetration as defined by Minnesota law. As a result of these allegations, LeDoux was arraigned on November 15, 2007, for the charge of first-degree criminal sexual conduct, Minn. Stat. § 609.342. Bail on this charge was set at $200,000, subject to the conditions that LeDoux not leave the state and not have any contact with the juvenile victim.
The combined bail for the four charges against LeDoux totaled $263,000. LeDoux could not afford to post bail in this amount and challenged the bail amount as excessive. The district court set the matter for hearing and ordered the Department of Corrections to prepare a bail-bond study. The corrections officer preparing the bailbond study conducted interviews with LeDoux's former girlfriend, the juvenile victim's mother, and LeDoux's mother. The corrections officer recommended that the bail amount was supported by the facts, based in part on "community reaction" and because of the seriousness of the crimes as well as community safety. After receiving the bail-bond study, LeDoux's counsel subpoenaed the witnesses interviewed in the bond study and the corrections officer who authored the study.
At the bail hearing, the district court determined that LeDoux did not have the right to call witnesses and quashed the subpoenas. But the court did allow LeDoux to make various offers of proof. First, LeDoux offered proof to rebut statements by the witnesses in the bail-bond study that they were "terrified" of him or regarded him as a threat to the community. LeDoux offered information that in the years since the alleged sexual assault on the juvenile victim, he and the victim became closer and frequently had non-sexual contact with each other. He also offered proof that the victim's mother would testify that, despite her desire to avoid contact with LeDoux, she had helped him obtain health insurance and mental health counseling. In addition, LeDoux offered proof that his ex-girlfriend was not terrified of him because, despite the fact that she had obtained an order for protection,1 she had repeatedly contacted him in jail.
LeDoux also made offers of proof as to his good character. LeDoux made an offer of proof that a counseling psychologist who was a friend of his mother would say that LeDoux was a person of good character and was not a threat to the community. He also offered proof that his mother would allow him to live with her, would assist him after his release, and believed that LeDoux did not represent a threat to the community.
Finally, LeDoux attempted to call as a witness the corrections officer who prepared the bail-bond report. LeDoux claimed that the officer would testify as to LeDoux's lifelong residency in the area, lack of family ties outside the area, and lengthy employment history. LeDoux wanted the opportunity to cross-examine the officer about his conclusions as to LeDoux's mental condition. LeDoux also challenged the officer's conclusion that "community reaction" would be poor if LeDoux were released because "community reaction" is not a permitted factor for determining the amount of bail under Minn. R.Crim. P. 6.02. LeDoux believed the officer would testify that none of the witnesses LeDoux sought to call had been threatened by LeDoux.
After LeDoux finished making his offers of proof, the district court took the matter under advisement. Two days later, on January 24, 2008, the court issued an order and memorandum affirming the $263,000 bail amount and denying LeDoux's claim that he should be permitted to call witnesses. The court explained that the bail amount was reasonable because the charge of first-degree criminal sexual conduct was serious and represented a serious community safety risk. LeDoux appealed the decision and the court of appeals affirmed. State v. LeDoux, No. A08-260, Order at 6 (Minn.App. filed May 8, 2008). LeDoux petitioned our court for review, claiming that (1) he has a due process right to call witnesses at his bail hearing, and (2) his bail was unconstitutionally excessive. On September 15, 2008, after both parties had filed their briefs, LeDoux pleaded guilty to all four charges. He was convicted on January 10, 2009.
LeDoux argues that he should have been able to call witnesses at his bail hearing under the due process clause of the Minnesota Constitution, Article I, Section 7. But, LeDoux has pleaded guilty and been convicted of the charges at issue since he petitioned for review. Generally, issues of bail are considered moot after conviction. State v. Huber, 275 Minn. 475, 478, 148 N.W.2d 137, 140 (1967). Therefore, as a threshold matter, we must determine whether an exception to the mootness doctrine applies here.
We will review a case that is otherwise moot if the issues raised are capable of repetition yet evading review. State v. Arens, 586 N.W.2d 131, 133 (Minn. 1998). The issue must also be functionally justiciable and of statewide significance. State v. Brooks, 604 N.W.2d 345, 347-48 (Minn.2000). An issue is functionally justiciable if the record contains "the raw material necessary for judicial decision-making." Id. at 348. The issue of whether witnesses may be called at a bail hearing is capable of repetition because a bail hearing can be requested in any criminal proceeding for which bail is imposed. Minn. R.Crim. P. 6.02, subd. 4. Further, because the case against many defendants will be resolved in the time required to obtain review by our court, this issue is likely to evade review. The issue raised here is also functionally justiciable, because it was fully briefed before LeDoux's plea and conviction. Finally, this is an issue of statewide significance because bail...
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