Paul Hakala: Determined, but short of time and money

Paul and Marie Hakala say they spent their life savings in a losing battle against child molestation charges. Then, an Appeals Court panel overturned his convictions in a 2-1 decision this spring.

Now, the Minnesota Supreme Court has agreed to review the matter, at the request of Dakota County prosecutors, who want the three felony convictions reinstated.

At issue is whether Dakota County District Judge Thomas Poch should have allowed a defense witness to testify on the questioning that a social worker had used to interview the three alleged victims. They claimed that Hakala began molesting them when they were in the fifth and sixth grades. The judge didn't allow the defense expert's testimony, saying it would indirectly attack the credibility of the girls.

The Hakalas appealed, and on March 31 an appellate panel ordered a new trial.

Dakota County prosecutors could avoid a costly new trial, however, by winning now in the Supreme Court. The high court is expected to review the case in nine to 12 months.

But at 69, Paul Hakala may not live that long. He is under hospice care with cancer in both lungs, congestive heart failure and severe diabetes that has left him unable to walk.

The Hakalas are out of money and running out of time, with doctors giving Paul only weeks or months to live. They aren't, however, running out of determination.

Dakota County Attorney Jim Backstrom said he doesn't doubt the jury convictions.

But given Hakala's medical situation, and after consulting with the parents of the teen victims, Backstrom recommended to Poch that Hakala be sent home, with conditions such as electronic monitoring and no contact with the alleged victims.

Backstrom has said while it's unfortunate that anyone should be that ill, being sick does not excuse a person from being held responsible for crimes.

The Hakalas say they have spent more than $42,000 on legal bills. Now, they are trying to come up with another $5,000 to pay their attorney for the Supreme Court appeal. He has already halved his fee, Marie Hakala said.

In 2007, Paul Hakala was convicted of one count of first-degree and two counts of second-degree sexual abuse. He claims the girls concocted the allegations, in part because they didn't want him to return to their home as a caregiver.

Dakota County's Supreme Court petition calls the issue over judicial discretion one of statewide importance and contends that the appellate judges drew faulty conclusions.

Assistant District Attorney Lawrence Clark wrote that allowing the Appeals Court ruling to stand could set aside years of precedent in which judges had been given discretion to decide which experts should be allowed to testify.