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Assistant AG requests dismissal of felonies against Surrey nurse

A Surrey nurse scheduled as a co-defendant in a felony jury trial could see all five felony charges dismissed after a motion was filed by the state prosecutor.

Jennifer Napora, 47, Surrey, was charged in 2023 with one count of conspiracy to deliver a controlled substance-schedule II opiate, a Class B felony, conspiracy to deliver a controlled substance, and four counts of reckless endangerment-extreme indifference, all Class C felonies. Napora and co-defendant Desiree Desjardins, 53, Garrison, her employer at Lakeview Health Clinic, were charged after an investigation by agents of the North Dakota Bureau of Criminal Investigation assigned to the Attorney General’s Medicaid Fraud Control Unit (MFCU) unearthed alleged standard of care violations and evidence of drug diversion activity between Feb. 10, 2020, and Feb. 10, 2023.

Napora and Desjardin are both scheduled for a two week jury trial commencing on Monday, April 21. Prosecutor Marina Spahr, director of the MFCU with the Office of the Attorney General of North Dakota, filed a motion on Friday asking District Court Judge Gary Lee to dismiss all of Napora’s charges with prejudice.

Spahr’s motion indicated Napora and the MFCU had entered a civil settlement agreement resolving all issues. Lee responded by letter, denying the request on the grounds that current laws only allow misdemeanor or infraction offenses to be compromised by civil settlement.

A change of plea hearing was held on Monday, which began with Napora’s attorney Ashley Gulke confirming that her client had no intention of pleading guilty to the offenses and had no objections to the charges being dismissed. Spahr clarified the grounds for her request, admitting it is not a traditional settlement of a criminal case, but it could be allowed so long as the offending party has entered into a suitable agreement with the injured party or parties in a civil matter.

“The prosecution has to be almost doing something unethical for that to be not allowed. There is a settlement in place that holds the defendant accountable,” Spahr said.

Lee said it was his understanding the settlement with Napora was negotiated to secure her testimony against Desjardin. He said dismissing such felonies was an unusual move he was not inclined to make.

Spahr responded she arrived at this decision in good faith through long consideration and back and forth negotiations with Napora’s attorney, and she would use the time while he deliberates on his ruling to secure statements of support from the five victims.

“It is absolutely critical to have the best case that I can against Desjardin. As far as the State sees it, she’s by far the worst actor in these criminal cases,” Spahr said.

Lee asserted if the law gives him the discretion to accept such a request from a prosecutor then he also has the discretion to deny it. Spahr responded that should the motion be denied, the State would seek to sever Napora’s and Desjardin’s cases, and the state would not present any evidence to the jury against Napora.

Lee acknowledged the precedent requires a judge to approve the least severe sanction to remedy a conflict such as this but said he didn’t think the dismissal of the charges without prejudice fit the bill. Spahr maintained her request was necessary to avoid what she called a “non-practical outcome.”

Lee said he would take the matter under advisement and asked Spahr to file her written arguments for her motion with the court, along with the victim statements.

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