Ray Holmberg, right, and attorney Mark Friese leaving the Quentin N. Burdick U.S. Courthouse after Holmberg pleaded guilty to federal charges. (Joe Leier/KFGO News)
FARGO (KFGO) – Attorneys have filed their arguments on whether former North Dakota state Sen. Ray Holmberg should be taken into custody as he awaits sentencing after pleading guilty to traveling overseas to have sex with children.
The 80-year-old Grand Forks Republican has been allowed to remain on release with conditions due to “exceptional circumstances.” Those include his advanced age and health conditions requiring medication and multiple appointments.
According to court records, recent blood testing for Holmberg “was suggestive of heart failure.”
Prosecutors say Holmberg violated the terms of his release several times by accessing the Internet, and visiting a home in Fargo without prior authorization.
Defense attorney Mark Friese says Holmberg’s online activity consisted of looking at family photos and reading news commentary about his trial on social media. Holmberg has since deleted his Facebook account. The home Holmberg visited in Fargo is his sister’s.
Friese also argues that Holmberg’s health issues were a foundational consideration in the guilty plea.
“Mr. Holmberg initially sought to pursue pre-plea [pre-sentencing investigation] so that issues with mandatory detention could be avoided. The Government was unwilling, instead representing that it would agree that Mr. Holmberg should remain released for ‘exceptional circumstances,’” Friese wrote in his argument.
Friese says reversal now would seriously impair Holmberg’s ability to present his full sentencing case.
Assistant U.S. Attorney Jennifer Puhl says the agreement was premised on Holmberg abiding by the court-imposed conditions of release.
“Holmberg’s refusal to abide by those conditions – despite multiple warnings from his Supervising Probation Officer and the Court – has effected a significant change in circumstances post-plea,” Puhl wrote in her argument.
Judge Daniel Hovland will consider the arguments.
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