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Hotel manager denied, trial set

Mello

The trial of a long-time Minot hotel manager charged with theft of property is scheduled to commence March 6. James Mello, 69, Minot, had requested a continuance earlier this month but the motion has been denied.

In the motion for continuance Thomas Dickson, Mello’s attorney, asserted that Marsey’s law had prohibited him from taking certain dispositions and that he was working “to diligently arrive at a global settlement.” Dickson’s motion further stated that “the defendant will be unfairly prejudiced if his request for a 60 day continuance is not granted.” He also cited that “law favors settlements” and that “judicial resources are already spread thin in North Dakota.”

In denying the motion this past Thursday, Judge Gary Lee replied that “this case has been pending since January, 2016. Notice of trial was submitted nearly six months ago. All parties should certainly have had ample opportunity to prepare for trial.” Included in Lee’s response was a direct reply to the issue of over-burdened judicial resources. Lee asserts that using judicial resources to hold a criminal case “is a concern for the Court, and not Mello.”

Dickson called the case “complicated and time-consuming because of intervening of criminal and civil allegations.” Lee’s response was that the criminal and civil cases are two different actions and that proceeding with the criminal case may actually result in less legal work needed in any civil action.

At an Aug. 15, 2016 status conference Lee told Mello and his attorney, “Sooner or later this has to come to an end.”

Mello is accused of taking money from Minot’s Grand Hotel in the form of automatic teller machine commissions and banquet gratuity bonuses. He has entered a “not guilty” plea to the class B felony.

The state alleges Mello deposited $24,553 in ATM commissions into his personal account along with banquet gratuities totaling $15,785. According to an affidavit filed with the court, the ATM commissions were to have been deposited in the hotel account and the banquet gratuities distributed to employees. Mello, who managed the Grand Hotel for 43 years, maintains his innocence.

A class B felony is punishable by up to 10 years in prison and $20,000 in fines

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