Dakota County weighs retrial for dying man

Convictions of man, 69, accused of child molestation were overturned on appeal.

By JOY POWELL, Star Tribune

Last update: April 12, 2009 - 12:03 AM

Dakota County prosecutors will appeal to the Minnesota Supreme Court the overturned convictions of a Rosemount man who was accused of molesting three girls beginning when they were in fifth or sixth grade.

The Minnesota Court of Appeals on March 31 threw out the jury verdict against Paul R. Hakala, 69, and ordered a new trial. It's rare, Dakota County court officials said, for that to happen in such a serious case.

"We're appealing the decision and we hope to have the conviction reinstated, which would avoid any further cost to the county," Backstrom said.

If the conviction is not reinstated by the Supreme Court, Backstrom said, he will evaluate whether to move ahead with a new trial. The victims and their parents will be consulted, and the prognosis for a seriously ill defendant will be considered, Backstrom said.

"I'm going to look at all the factors in the case before I decide what to do," he said. "But at this time, I'm seeking to have the conviction upheld."

The case raises the question of whether the county should spend considerable resources to retry a dying man.

Hakala has last-stage lung cancer that has spread, and his chemotherapy has been stopped because he has congestive heart failure. Hakala also has diabetes with serious complications and cannot walk, said his wife, Marie Hakala of Rosemount, and his attorney, John Lillie of St. Paul.

They hope to exonerate Hakala, who remains in prison, and get him home or to a nursing home before he dies. Should the Supreme Court grant a review, it could take a year before it's heard. The justices hear only about one out of 10 such requests.

"The appeal process has started, but unless things change, he may not live that long," Marie Hakala said.

Convicted in 2007, Hakala was sentenced to nearly 16 years in prison, which he's serving in the medical unit of Oak Park Heights state prison.

In its 2-1 opinion, the Court of Appeals panel found that Hakala did not get a fair trial because a Dakota County judge did not allow his attorney to call an expert witness to the stand.

Lillie said he would have used that expert to raise questions about a child-protection worker's interviews of the girls. Lillie contended that the social worker used "leading" questions and that the girls fabricated allegations.

But a jury believed the girls and convicted Hakala of one count of first-degree and two counts of second-degree criminal sexual conduct.

The first trial for Hakala lasted nine days with a tenth day for sentencing. A retrial could easily exceed $60,000 in costs for the government, court officials estimated.

The Hakalas paid more than $30,000 for Paul Hakala's defense and another $10,000 for appeal costs so far.

Backstrom said the costs of retrying the case wouldn't be simply monetary. The biggest cost, he said, would be the toll on victims who have to go back to court and testify again.

"The emotional impact is enormous and something that we hope we don't have to put them though," Backstrom said.

Carol Renn, the Dakota County District Court administrator, noted that the courts are bogged down with crowded dockets, and a retrial could push back other cases.

"It takes away the resources, and we have to bring in new jurors if it's going to be another jury trial," Renn said.

Joy Powell • 952-882-9017

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