Minnesota Supreme Court hears arguments in sexual abuse case

The State Supreme Court considers whether a Rosemount man got a fair trial when the trial court would not allow an expert witness to testify.

By JOY POWELLjpowell@startribune.com

Last update: November 9, 2009 - 12:43 PM

The Minnesota Supreme Court heard arguments this morning over whether a dying man got a fair trial in a Dakota County sexual abuse case.

Paul R. Hakala, 70, of Rosemount was convicted in 2007 in connection with the alleged sexual abuse of three girls whom he knew. But last March, the state Court of Appeals threw out that conviction after finding that Hakala's attorney should have been allowed to present testimony from an expert witness.

That witness, Dr. Susan Phipps-Yonas, was prepared to testify about concerns she had with the interviewing techniques used by a social worker who had questioned the girls.

Dakota County prosecutors appealed the court ruling and on Monday asked the Supreme Court to reverse the Court of Appeals decision and let stand Hakala's 165-month sentence.

The Circuit Court of Appeals panel, in a 2-1 decision, found that Hakala didn't get a fair trial. He was convicted of one count of first-degree and two counts of second-degree sexual abuse. He continues to maintain his innocence, saying the three girls made up the allegations.

On Monday, Hakala's attorney, John Lillie of St. Paul, told the high court that the expert witness would have discussed her concerns about the interviewing techniques. Lillie said that during a social worker's questioning of the girls, which was videotaped, sometimes the girls' answers were followed up and sometimes they were not, and that some of the questions were leading.

Lawrence Clark, assistant Dakota County attorney, told the justices that to allow testimony from Phipps-Yonas about the questioning by social worker Ann Hackel regarding her interviewing techniques would have been prejudicial to the state. It would have shifted the jury's focus to the experts and away from the girls' testimony, Clark said.

"You don't want a battle of the experts," he told the justices.

Hakala has advanced lung cancer, congestive heart failure and diabetes that have left him unable to walk, and a Dakota County judge has allowed him to remain home pending the appeals.

The alleged victims were girls ages 13, 15 and 17 when they testified before Dakota County District Court Judge Thomas Poch in 2007.

The alleged abuse began, they had testified, when the youngest was 9 or 10 years old, the middle child was 11 or 12 and the elder girl 13 or 14.

Lillie said the girls' statements and testimony contained many inconsistencies, including what happened and how often, and that the girls' testimony about their recollections had varied widely.

Joy Powell • 952-882-9017

Recent West Metro stories

Dry I-35, 3 dead in head-on crash: Why? - November 9, 2009

Dry I-35, 3 dead in head-on crash: Why? - A pickup inexplicably crossed the I-35 median and crashed head-on, killing a Chanhassen father and son and the pickup's driver, a Wyoming, Minn., man. More

Hunting accidents kill Minnetonka man, injure teen - November 9, 2009

Hunting accidents kill Minnetonka man, injure teen - One man died and a teenager was injured in separate hunting accidents Saturday. More