Juror says she regrets guilty vote

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WEST FARGO (AP) - A juror says she voted to convict a man for a fight at the Red River Valley Fair here because of previous experiences with Bosnians.

Becky Rettig, 36, of West Fargo, said she regretted her vote hours after a Cass County jury convicted Mevludin Hidanovic in January for engaging in a June 24 riot, and told his lawyer about it when he visited the bar where she works.

"I just basically had a change of heart," Rettig said. "I just basically said I'm sorry about what happened."

Hidanovic, 29, was sentenced in February to serve 18 months of a five-year sentence, with the remaining balance suspended for five years. He must also serve five years of supervised probation.

Rettig said Hidanovic's trial attorney, Ross Brandborg, came to her work by coincidence on Jan. 5, the same day jurors returned a guilty verdict after about five hours of deliberation.

She filed a detailed affidavit Feb. 28 in East Central District Court. Brandborg also filed a motion for a new trial, but he no longer represents Hidanovic.

"This is not just a change of heart," Rettig wrote. "I believe that I used undue influence, irrelevant facts, my own experiences with Bosnians and my experience with the criminal justice system to convince the other jurors."

In her affidavit, Rettig said she was the sole juror who favored a guilty verdict during the jury's first vote. "Over the next five hours, I used my influence to eventually convince the rest of the jurors to vote in favor of guilty," she said.

Lawyer David Chapman, who was hired by Hidanovic's family, said he may add additional arguments for the new trial motion.

Chapman and Mark Boening, an assistant Cass County state's attorney, met Monday with East Central District Judge Wade Webb to ask for guidance on Rettig's claim of jury misconduct.

"I think this is a touchy situation we leave to the judge," Chapman said. "It's unusual for jurors to come forward."

Webb gave prosecutors permission to seek more juror affidavits in response to Rettig's claims. The judge set an April 5 date to hear other arguments.

Boening said he believes most of Rettig's affidavit is impermissible under rules governing evidence and jury statements. But he said he's uncertain how to look into her claims that she told jurors about Bosnians stealing from her and discussing race "in a negative way."

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