Wednesday, November 19, 2008

Trial Set to Begin for Officer Paul Schmidt Accused of Groping Female Ride-Along

WILLMAR, Minn.

A jury of four men and nine women was sworn in Wednesday afternoon in the trial of an Atwater police officer accused of groping a female ride-along participant.

Opening arguments from the attorneys are expected this morning in Kandiyohi County District Court. Paul Reed Schmidt, 35, of Atwater, faces felony fourth-degree and gross misdemeanor fifth-degree criminal sexual conduct charges in Kandiyohi County District Court.

He is acused of groping a female ride-along participant last October while he was working as an Atwater police officer.

The criminal complaint was filed last December against Schmidt and was amended in August to elevate one of the charges to felony level.

His attorney, Julius Nolen, filed a motion to dismiss, arguing there was a lack of evidence that Schmidt used force or coercion. District Judge David L. Mennis denied that motion last week.

Judge Mennis indicated Wednesday morning to the potential jurors that the trial is expected to take three days. The jury includes one alternate, who will be excused before jury deliberations begin.

Several people were excused from serving on the jury by Mennis, including a woman from Atwater, two women who had family members involved in assault and sexual assault cases, a woman for financial hardship and others for other issues.

Michael Lieberg is a Stearns County assistant county attorney and is serving as a special Kandiyohi County attorney to prosecute the case.

Two gross misdemeanor charges were filed against Schmidt on Dec. 27, 2007. According to the complaint, the woman contacted the Kandiyohi County Sheriff's Office to report a sexual assault. The woman told a detective that she was a ride-along participant with Schmidt, who is a licensed peace officer and was on duty at the time.

During the early morning hours of Oct. 16, Schmidt took her to the Atwater Police Department, where she said they watched video clips on a city computer. The woman said when she got up to move away from Schmidt, he tackled and restrained her. She said he also made a sexual request of her. The allegations also state that Schmidt groped the woman's chest and genitals through her clothing, then pulled her to him and kissed her several times.

According to the complaint, Schmidt told the sheriff's office detective in a statement that some "wrestling" took place at the Police Department and that he grabbed the victim's breast "by accident." He did not remember grabbing her genital area.


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