Hiroki Ito

Guilty pleas previously entered by a former Minot Public Schools paraprofessional accused of having inappropriate communications with middle school students have been withdrawn due to procedural errors at his change of plea hearing.

According to North Central District Court documents, Hiroki Ito, 27, Minot, and state prosecutors appeared at an Oct. 6 change of plea hearing.

While Ito’s guilty pleas were technically entered on an open basis and not negotiated as a part of the plea agreement, court documents indicate both parties agreed the state would cap its sentencing recommendation at three years of incarceration, and Ito would enter an Alford plea. In an Alford plea, a defendant maintains innocence but concedes prosecutors likely had enough evidence for a conviction at a trial.

However, according to court documents, Ito’s attorney was not given an opportunity to present the Alford Plea argument to the court before Ito’s guilty plea was entered and accepted.

“While the defense does not attribute fault to the court, it must be noted that counsel refrained from interrupting out of respect for the proceedings and proper courtroom decorum. Nonetheless, the failure to invite or permit defense counsel to comment following the State’s recommendation effectively deprived the defendant of a meaningful opportunity to advocate for his position,” Ito’s attorney Gagan Bains wrote.

Both parties agreed, given the facts and circumstances, it was appropriate for Ito to withdraw his guilty pleas in anticipation of a new change of plea hearing in the future.