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Ex-prosecutor in Weaver case disciplined

September 27, 2008 at 1:52AM

The Minnesota Supreme Court has publicly reprimanded a former assistant Ramsey County attorney who resigned after he failed to disclose what defense attorneys called a key piece of evidence in a murder trial.

Fred Fink, 57, was the lead prosecutor in the murder trial of former fugitive Gordon Weaver, who was accused of killing his wife, Jean, at their White Bear Lake home in 1999.

During the trial Fink told the court that test records on the carbon monoxide levels in Jean Weaver's blood had been destroyed and no one knew who had done the testing. Near the end of the trial, however, the test results marked with the initials of the lab technician were found but were not given to the defense.

Weaver was convicted in November 2005 of second-degree murder. In July 2007, the Minnesota Court of Appeals overturned Weaver's conviction and ordered a new trial.

Fink made a report to the Minnesota Lawyers Board of Professional Responsibility, which filed a petition with the Supreme Court calling for public discipline.

Fink's attorney, Doug Kelley, said the public reprimand will have no effect on Fink's law practice. He is now an assistant Chisago County attorney and has a full caseload, Kelley said.

PAT PHEIFER

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