Heather Hoffman

Hoffman sentencing delayed by missing exhibit

The sentencing hearing for a Minot woman convicted of murder in September has been rescheduled after one of the exhibits was determined to have gone missing.

Heather Hoffman, 26, Minot Air Force Base, was found guilty by a Ward County jury for the murder of Alexander Eckert in September, with North Central District Court Judge Gary Lee ordering a pre-sentencing investigation. While the sentencing hearing had been scheduled in North Central District Court for Nov. 1, court records now show it has been reset for March 15, 2024.

According to a letter sent to the parties by Lee, the reason for the postponement was a missing exhibit that was determined to have been “lost” during the trial. The document in question was an order of dismissal of a disorderly conduct restraining proceeding brought by Hoffman against Eckert before his murder.

Lee cited a recent case, State v. Rademacher, which coincidentally involved Hoffman’s court- appointed attorney Steven Mottinger. In Rademacher, an exhibit was misplaced during the trial, but before the jury left to begin deliberations, creating an issue on appeal around the question of whether or not the defendant was excluded from discussions between counsel and court regarding the problem of the missing exhibit.

Lee stated the fact pattern in Hoffman’s case are not quite the same, as all parties stipulated that all exhibits were present and were ready to be transferred to the jury room. Lee said it was only after the jury’s verdict was received and the jurors were excused the Clerk of Court’s office discovered the exhibit was missing.

To that end, Lee believed the precedent from the Rademacher case required any further discussion of the missing exhibit occur in open court with all the parties present.

Lee also denied a motion from Hoffman for new representation saying it should be refiled in the form of a pleading to allow the state’s attorney to respond.

Man sentenced for meth possession

A Minot man was sentenced on Tuesday in North Central District Court after pleading guilty to possession of methamphetamine with intent to deliver, a Class B felony.

Stephen Lee Falcon, 37, Minot, appeared before Judge Gary Lee, who sentenced him to 10 years in the Department of Corrections and Rehabilitation, to first serve two years with credit for 74 days served. Upon release, Falcon will have to complete two years of supervised probation, and complete a chemical dependency evaluation. Lee waived criminal administration fees of $650 and $575 indigent recoupment fees, assessing a total of $125 in court fines and fees.

Falcon’s charges originated from a search warrant executed on a Minot residence, where he was found to have active warrants. Falcon was arrested and transported to the Ward County Jail for booking. During the booking process, a small baggie fell out of Falcon’s pocket into a bin holding his belongings. Officers observed the baggie and determined it contained about 0.9 grams of a white crystal substance believed to be methamphetamine.

The disposition will run concurrently with a prior sentence.