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Balfour man to get new hearing

BISMARCK The North Dakota Supreme Court has reversed a 25-year sentence handed down to the former mayor of Balfour for gross sexual imposition. The court ruled on Nov. 12 that the district court erred in sentencing Dale Yost when he lacked an attorney and ordered a new sentencing hearing.

Yost, who is in his mid-50s, was charged in McHenry County in October 2012 with 11 counts of gross sexual imposition involving five minor victims. In August 2013, the Commission on Legal Counsel for Indigents denied his request for a new court-appointed attorney. Represented in Northeast District Court by William Hartl, Yost entered Alford pleas, in which he did not admit guilt but acknowledged enough evidence to convict.

Before sentencing, Hartl withdrew due to Yost’s repeated claims of ineffective counsel. According to court documents, the district court did not ask Yost whether he would be willing to proceed with Hartl or continue without counsel. Instead, the court permitted Yost to reapply to the commission for a new court-appointed attorney. When the Commission left it to the court’s discretion, the court determined Yost’s conduct was the functional equivalent of a voluntary waiver of his right to counsel.

At the sentencing hearing this past Jan. 15, Yost appeared without an attorney and received a sentence of 45 years, with 20 years suspended, followed by 10 years of supervised probation.

Represented by attorney Lee Grossman on appeal, Yost stated he did not knowingly and intelligently waive his right to counsel. He argued the district court erred by allowing sentencing to proceed when he was not represented. The Supreme Court unanimously concluded the lower court did err, reversing the sentencing and sending the matter back to Northeast District Court for resentencing.

Jill Schramm

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Troopers halt chase after unsafe actions

BISMARCK (AP) – The North Dakota Highway Patrol says it halted a chase through Bismarck because of the driver’s unsafe actions though the city’s two shopping mall parking lots.

Troopers attempted to pull over a driver on the highway Friday afternoon but the driver led authorities on a chase through Bismarck.

Troopers say the driver fled through several parking lots in town, including at the Gateway and Kirkwood malls where shoppers were drawn by Black Friday deals.

Troopers say the identity of the driver is under investigation.

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State DHS schedules video conference

BISMARCK North Dakota’s Interagency Coordinating Council, which advises the North Dakota Department of Human Services on the coordination of early intervention services for children with disabilities and infants and preschoolers at risk of developmental delays or disabilities, will meet from 1 to 5 p.m. on Thursday, Dec. 4, via the statewide video conference system.

The public is invited to participate. Video conference sites are located at the following department locations:

Northwest Human Service Center, 316 Second Ave. W., Williston, Room A200

North Central Human Service Center, 1015 S. Broadway Suite 18, Minot, Room 411

The meeting agenda includes discussion about setting State Performance Plan/Annual Performance Report targets, the status of the Bureau of Indian Education agreement, the Level of Determinations for programs, the survey of Interagency Coordinating Council functions, and 2014-2015 Executive Committee members. The full agenda is online at www.nd.gov/dhs.

Individuals who need accommodations to participate in the meeting can contact Colette Perkins at 328-8930, toll free at 800-755-8529, ND Relay TTY 800-366-6888, or cperkins@nd.gov.

For more information, contact the Developmental Disabilities Division at 328-8930, toll-free 800-755-8529, ND Relay TTY 800-366-6888, or go online to www.nd.gov.

Lymphedema program benefits cancer survivors

People who experience swelling in their limbs due to fluid buildup have a new source of treatment. Trinity Health’s Outpatient Therapy Services Center recently added lymphedema therapy to its range of services. Physical therapist Aimee Clemens and occupational/hand therapist Nicole Kutch have both completed training through the Academy of Lymphatic Studies and are now certified lymphedema therapists.

“Lymphedema is a result of protein rich fluid in the superficial tissues that causes swelling to a body part, most often the extremities,” Clemens said. “Typically it affects one extremity only. Once the condition has progressed it definitely can interfere with daily function and mobility.”

The lymphatic system is a network of organs, lymph nodes, ducts and vessels that produces a fluid (lymph) that flows through the body and returns to the bloodstream as part of the body’s immune system. If the system is impaired due to cancer treatment, trauma, surgery or genetic predisposition, the lymph fluid builds up in the tissues, resulting in chronic swelling, usually in an arm or leg. The highest incidence if lymphedema in the U.S. is observed following breast cancer surgery.

Diagnosis may be confirmed through a physical exam and tests, including an MRI. Once a diagnosis is established, lymphedema therapy is the most comprehensive form of treatment.

The therapists noted that manual lymphatic drainage or massage actually increases the activity of the lymph system and helps move the protein molecules along into the lymphatic capillaries. Once the extremity is decongested, other techniques such as compression garments keep the swelling down.

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St. John man killed in single vehicle accident

A 22-year-old St. John man was killed late Friday when he was driving north on N.D. Highway 1 and lost control of his vehicle.

The 2000 Chevrolet Monte Carlo he was driving entered the east ditch and rolled several times before coming to rest facing south on its roof. The driver was ejected and pronounced dead at the scene, according to the North Dakota Highway Patrol. Alcohol was also present at the scene, the accident report noted.

The accident occurred at 11 p.m. Friday, two and a half miles south of Pekin.

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MSU “test drive” event set for Nov. 22

Minot State University invites prospective students and their families to “test drive” the university at Fall Preview Day on Nov. 22. This event is designed to educate prospective students and their families about MSU’s numerous programs.

Participants will attend four presentations covering topics such as potential career fields, study abroad opportunities, foreign language programs and a campus tour.

Presentations at Fall Preview Day are unique in that they will be similar to TED talks, which are short, up-tempo, high-energy and thought-provoking presentations given by students, faculty, staff and alumni.

“When people think back to their high school or university experiences, they generally don’t think about subject content or buildings,” said Kevin Harmon, assistant vice president for enrollment management, in a press release. “They think about teachers, professors or staff members who made an impact on their lives. This event is designed to bring together the most important component of any school, the students, and introduce them to our people who make a difference every day.”

Visit www.minotstateu.edu/enroll/pages/fall-preview.shtml to register and view details on speakers and events. The deadline to register is Nov. 19.

For questions, contact Harmon at kevin.harmon@minotstateu.edu or 858-3140.

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Five year old from Stanley bitten by Rottweiler

A 5-year-old girl from Stanley was bitten by a Rottweiler Saturday morning, according to the Minot Police Department. Minot Central Dispatch received the call and were told that the dog was not releasing its bite.

Upon the officers’ arrival, the dog had released its bite and the child was being attended to for injuries. The child and one adult who came to the child’s aid suffered minor injuries. The child was transported by her parents to Trinity Hospital for medical evaluation. Pamela Nelson, the owner of the Rottweiler, chose to euthanize the animal after this incident. The bite occurred at 9:32 a.m. Saturday on N. Broadway.

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Beavers edge Dickinson State, 69-61

The Minot State University women’s basketball team beat Dickinson State 69-61 on Saturday at the MSU Dome, but the Beavers could have won by much more.

With a multitude of double-digit leads throughout the contest, including a 14-point advantage in the first half, MSU (2-0) couldn’t put the Blue Hawks away despite holding them to a mere 30.8 percent from the field.

“I think right now we’re looking to improve game-by-game,” MSU head coach Sheila Green Gerding said in a press release. “Last night I wasn’t happy at all with our effort. I thought tonight we played a lot harder. We ran into a zone which we haven’t seen yet this season so I’m really happy with most parts of our execution.”

MSU finished with three players in double figures and four more with at least seven points. Hardy led the Beavers for the second straight night (14), adding four rebounds and two assists. Klose and Diondra Denton chipped in with 10 points apiece. Sarah Lester, Morgan Hunter and Alex Haley each scored eight, while Savana Kingsbury registered a career-high 14 rebounds along with seven points for MSU.

“Morgan Klose kind of took over the point. We’re trying to get some leadership from that position and somebody to kind of run the show and be the coach on the court,” Green Gerding said. “I think she made strides with that tonight.”

The Beavers travel this week as they fly to Hawaii for a pair of NCAA DII games against Brigham Young-Hawaii Tuesday and University of Hawaii at Hilo on Wednesday.

-Daily News Staff

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MHS swims state prelims

BISMARCK – The Minot High School girls swimming and diving team opened the state meet with preliminary races Friday at Bismarck State College Aquatic Center.

The Majettes’ lone top qualifier for today’s finals came in the 200 freestyle relay. MHS finished in 1 minute, 42.21 seconds with juniors Cassie Askvig, Josie Gillund and Emily Hamel, and senior McKenna Brown. A team from Fargo North was second in 1:43.08. Minot teams posted the third- and fourth-best times in the 400 freestyle and 200 medley relays, respectively.

Amber West of Minot was fourth through the 5-dive preliminary with a score of 170.25. Fargo Shanley’s Brittany Dixon was in first at 182.6.

Minot’s Alexis Clark is a contender in the 500 freestyle with the second-best prelim time of 5:41.21. Grand Forks Central’s Lexi Ljunggren is way ahead of the pack with a time of 4:58.96.

Hamel is second in qualifying for the 100 freestyle finals with a time of 53.55. Breah Anderson of Fargo North posted a 52.13. Hamel was also second in the 50 freestyle, .20 seconds behind Anderson’s 23.98.

Francesca Walker-Rozo and Clark are had the fourth- and fifth-best 100 butterfly times at 59.78 and 1:00.69, respectively.

– Tribune Staff Report

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MHS volleyball season ends

DICKINSON – The No. 6 seed Minot High School volleyball team fell 3-2 to No. 7 Dickinson in consolation play of the West Region Tournament on Friday.

The loss brought an end to the Majettes’ 10-26 season, but the Midgets had to work for a berth in one of today’s state qualifiers. No set was decided by more than four points with scores of 25-27, 25-21, 22-25, 25-22, 18-16.

Dickinson (9-27) was led by Meryl Kovacs’ 12 kills and five aces.

The Majettes were led by Melora Haagenson’s 21 kills. Brooke Suko and Kaitlyn Stenberg added 16 and 14, respectively.

MHS dropped into consolation play as No. 3 Bismarck High won 3-0 in a quarterfinal match Thursday.

– Daily News Staff

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Lady Beavers win opener

The Minot State University women’s basketball team opened its regular season with a 73-56 win over visiting Valley City State on Friday.

MSU senior Katie Hardy led all scorers with 20 points on 10 of 12 shooting. She added eight rebounds, one shy of teammate Christina Boag’s game-high nine boards.

Joining Hardy on the team with double-digit points was Alex Haley with 11.

Valley City State was led by Georgia Williams’ 16 points.

The Beavers had a decisive edge down low, outscoring their opponents 30-16 in the paint.

MSU hosts Dickinson State at 7 p.m. tonight.

– Daily News Staff

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Tauros fall to Wilderness

Central Division co-leader Minot Minotauros fell 1-0 to the Minnesota Wilderness in a North American Hockey League game Friday.

The Tauros (12-6-2) had just one hiccup on the night as Atte Tolvanen made 30 saves. Dan Litchke scored on an unassisted, shorthanded goal with one minute and one second remaining in the first period.

The Wilderness improved to 10-7-1 to remain in third place of the Midwest Division. The teams meet again tonight at 7:35 at Maysa Arena.

– Daily News Staff

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Miami beats North Dakota 3-2

GRAND FORKS, (AP) – Sean Kuraly scored twice as the Miami RedHawks beat North Dakota 3-2 Friday in the National Collegiate Hockey Conference.

Kuraly’s power-play goal at 6:50 of the second period gave the seventh-ranked RedHawks (8-3-0, 4-1-0 NCHC) the lead for good and snapped UND’s eight-game unbeaten streak.

Kuraly has scored the game-winning goal in six of Miami’s eight wins. Alex Gacek had the game’s opening goal for Miami.

Second-ranked North Dakota (7-2-1, 2-1-0) hadn’t lost since opening night. But it fell behind 2-0 before tying it at 2-2 on Drake Caggiula’s short-handed goal early in the second.

Michael Parks also scored for UND.

Jay Williams made 21 saves for Miami. Zane McIntyre stopped 27 shots for UND.

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Tauros overpower Minnesota Magicians

RICHFIELD, Minn. – The Minot Minotauros used a big second period to beat the Minnesota Magicians 6-3 on Friday night.

Minot scored three times in the third period en route to building a 5-1 lead.

Luke Davison opened the scoring with the only goal of the first period, but Minnesota’s Kris McKinzie answered 2:37 into the second. Minot’s John Snodgrass and Jon Lizotte each scored before teammate Jacob Howie scored consecutive goals – the first at 18:14 of the second and the latter at 1:56 of the third.

Howie scored the Tauros’ final goal to finish with a hat trick.

Minot plays the Magicians again at 7:05 tonight.

-Daily News Staff

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MSU tops Iowa State in overtime

The Minot State men’s club hockey team knocked off Iowa State 2-1 in overtime on Friday at Maysa Arena.

Brett McNevin gave Minot a 1-0 lead and Brett Nespor scored the game-winner.

The Beavers host the Cyclones again at 7:30 tonight.

-Daily News Staff

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NFL says Peterson must wait for review process

MINNEAPOLIS (AP) – The NFL has formally begun a review of Minnesota Vikings running back Adrian Peterson’s case, for potential punishment under the league’s personal conduct policy.

Spokesman Brian McCarthy said Peterson was told by the NFL on Thursday that his status on paid leave from the Vikings will not change until completion of the process.

That means Peterson’s return could take a while. He pleaded no contest in Texas on Tuesday to misdemeanor reckless assault, down from a felony charge of child abuse for disciplining his 4-year-old son with a wooden switch.

The league said it requested that Peterson submit relevant information from his case and meet with designated experts who will make recommendations for Commissioner Roger Goodell’s consideration. He’ll have the opportunity for a hearing before any punishment is levied.

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New tribal chairman sworn in Wednesday

NEW TOWN Mark Fox was sworn in late Wednesday afternoon as the new chairman of the Three Affiliated Tribes.

Fox has been the tribal tax director. He and tribal attorney Damon Williams were candidates for chairman in the tribal general election held Tuesday.

Fox replaces Tex Hall as tribal chairman. Hall was defeated in the primary election in September. In a statement issued Wednesday, Hall, in congratulating Fox on winning the election, said, “Mark Fox has been a well-respected advocate for our tribe’s people, our land and our economy.” He also said Fox served on the U.S. Energy Department Tribal Board.

Eloise Ogden

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District 2 fills vacancies

CROSBY District 2 will see a change in legislative representation next session, even though seats in the even-numbered district weren’t up for election this fall.

Sen. John Andrist, R-Crosby, resigned after more than 20 years in the Senate, to move to an assisted-living facility in Fargo. District 2 Republicans appointed Rep. David Rust, R-Tioga, a retired school superintendent, to replace Andrist.

The House vacancy left with Rust’s move to the Senate is being filled by Crosby mayor Bert Anderson, who has been Republican district chairman.

Rust and Anderson will take office Dec. 1. Rep. Robert Skarphol, R-Tioga, is the other House member from District 2.

District 2 includes Divide and Burke counties, western Mountrail County and much of rural Williams County.

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