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Ramsey County / Cop lied on stand, prosecutor claims
Stiffer penalty sought in corruption
By David Hanners
dhanners@pioneerpress.com
Updated: 01/13/2009 11:25:55 PM CST
A former Ramsey County sheriff's deputy lied when he testified at his public corruption trial last year, federal prosecutors claim.
Although Timothy Rehak hasn't been charged with perjury, his statements on the witness stand should bring him a harsh penalty when he's sentenced next month, government attorneys argue in new documents filed in the case.
Rehak and his co-defendant, former sheriff's spokesman Mark Paul Naylon, were convicted last summer of stealing government funds and civil rights charges. They are to be sentenced Feb. 6.
While prosecutors had earlier said they would ask for a 41-month sentence for Rehak and fewer months — 33 — for Naylon, the documents filed Monday in U.S. District Court explain why: Both men abused the public trust, but Rehak added insult to injury when he took the witness stand and perjured himself, prosecutors claim.
Their crime "undermines the rule of law," the government said, and "as such, crimes involving public corruption, particularly those committed by enforcing the law, demand severe punishment."
Paul Engh, one of Rehak's attorneys, said the officer didn't lie when he testified in his own defense, and said Rehak's sentence should not be made more severe — or "enhanced," in legalese.
"Our view is that officer Rehak had an absolute right to testify and he testified truthfully," Engh said. "The government is not disputing what he said, but rather his intent. And under that circumstance, any enhancement is unwarranted."
He said they will ask for probation, as will Paul Rogosheske, the attorney representing Naylon.
"Their career is full of helping the downtrodden and helping others," Engh said. "Mark worked with disabled kids constantly. He just felt as a human being on Earth that was what he was supposed to do. We've got countless letters from people that he turned around, and they didn't have to do any of this stuff. We've got over 100 letters from people. We don't have any letters from people saying they were slimeball cops."
In August, a jury convicted the pair of theft of government funds and conspiracy to violate civil rights. Jurors acquitted them of four counts of wire fraud, and U.S. District Judge Patrick Schiltz acquitted them of two similar counts involving another incident.
The charges stemmed from an FBI "integrity test" conducted in November 2004. The two took $6,000 out of a stash of $13,500 that a drug dealer had purportedly left in a hotel room; in reality, the FBI had placed the money in the room, along with surveillance cameras.
The men later grew suspicious about the money and placed it in the sheriff's evidence locker. At their trial, the defense argued they were taking the money as a practical joke on a supervisor and they never intended to steal it.
Both worked in the sheriff's elite Special Investigation Unit, although there was little evidence that either possessed any crack investigative skills; Naylon lacked peace-officer training or a license. But they were close friends of the sheriff, Bob Fletcher. Naylon had served as best man at Fletcher's second wedding.
Both resigned from the sheriff's office after they were convicted.
David Hanners can be reached at 612-338-6516.
Hi All,
I know folks who investigated these guys. They are as dirty as they come. They fit right in with local politics.
They work with kids and do all kinds of stuff to put up fronts so they can steal the rest of the city blind.
11:31 PM
Put these people in Stillwater, and send a tube of ointment along so their stay there goes smooth.
Now that would be their final pay back.
The Judge that stole that retarded girls $400,000 trust fund, he was bent over and received it the first night there by many inmates,then he was put in protected area.
The warden was letting him use her cell phone,
Special treatment to some by the warden is a illegal act.
I don't feel that is proper, do you.
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