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In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional

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In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional


FARGO — A Grand Forks man connected to a former North Dakota senator who traveled abroad with plans to sexually abuse children is appealing

his own federal child sex abuse conviction,

arguing a search warrant in the case was unconstitutional.

Nicholas James Morgan-Derosier, 37, argued evidence showing he possessed child sex abuse material should have been thrown out due to what his defense team called an “overbroad” search warrant. The warrant was used to search Morgan-Derosier’s home in September 2020 for evidence that he violated a judicial order that banned him from doing business as Team Lawn, his landscaping business.

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The search turned up a thumb drive that contained child sex abuse materials, according to court documents. Police applied for a search warrant once they found images of children being sexually abused, court documents said.

The evidence likely would have been used in a trial in North Dakota U.S. District Court, but Morgan-Derosier pleaded guilty in September 2023 to charges that said he received, distributed and possessed child sex abuse materials. The plea came after U.S. District Judge Peter Welte denied Morgan-Derosier’s motion to suppress.

Prosecutors also said the defendant sexually abused multiple children over the years, including some he met online and lured to a physical location. Morgan-Derosier and another man sexually abused a boy in 2020 together in a tent near Park Rapids, Minnesota, court documents said.

Morgan-Derosier did not have to admit to the sexual abuse, but he is serving a 40-year sentence for possessing thousands of child sex abuse materials and sharing some of the images online.

Morgan-Derosier reserved the right to appeal his conviction based on the search warrant.

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He filed a notice to appeal

last year in the U.S. Eighth Circuit Court of Appeals.

In an appeals brief that was recently unsealed, Morgan-Derosier’s attorney argued that the search warrant was unconstitutional, overbroad and lacking particularity. His team also argued that the warrant led to evidence of a crime that was unrelated to the investigation of his business dealings, the brief said.

“The warrant essentially authorized the police to seize all computers and electronic devices for any crime that was committed at any time,” the brief said. “It is difficult to conceive a less particular or more broad case.”

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Ray Holmberg.

Contributed / Sherburne County Jail

Morgan-Derosier has been connected to former Sen. Ray Holmberg, R-Grand Forks.

The Forum reported on phone records

that showed Holmberg and Morgan-Derosier exchanged dozens of text messages while Morgan-Derosier was jailed in August 2021.

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During Morgan-Derosier’s

January 2022 detention hearing,

First Assistant U.S. Attorney Jennifer Puhl said a “77-year-old man from Grand Forks” texted Morgan-Derosier on Aug. 23, 2021, about bringing Morgan-Derosier’s 19- or 20-year-old boyfriend “over for a massage.” Puhl did not identify the 77-year-old, but the age matched Holmberg’s at the time.

In an interview with The Forum, Holmberg denied asking Morgan-Derosier about a massage but acknowledged he texted Morgan-Derosier about patio work and “a variety of things.”

Other documents and audio recordings revealed Holmberg gave Morgan-Derosier a

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ride to Bismarck

shortly after police searched Morgan-Derosier’s home. Once there, Morgan-Derosier spoke with North Dakota consumer protection officials about his business, according to a transcript from the North Dakota Attorney General’s Office. Holmberg attended a legislative energy development and transmission committee meeting that day.

Holmberg was

charged in October 2023

in federal court, with prosecutors saying he

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traveled to Prague

multiple times in the 2010s with plans to sexually abuse children. He pleaded guilty to the charge in August.

During that plea hearing,

prosecutors said Holmberg and Morgan-Derosier watched child sex abuse material together.

Holmberg has been

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jailed in Minnesota

after

a judge

determined he

violated presentence release conditions.

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A sentencing hearing has not been scheduled in his case.

Holmberg served in the North Dakota Senate from 1976 to 2022, when he

resigned shortly after The Forum

broke the story about his connection to Morgan-Derosier.

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April Baumgarten

April Baumgarten has been a journalist in North Dakota since 2011. She joined The Forum in February 2019 as an investigative reporter. Readers can reach her at 701-241-5417 or abaumgarten@forumcomm.com.





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North Dakota

Laurel Hanson of Grand Forks remembered for her ‘patient, brilliant’ legal work

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Laurel Hanson of Grand Forks remembered for her ‘patient, brilliant’ legal work


GRAND FORKS — Though at the time of her death it had been more than 15 years since Laurel Rae Hanson’s legal career ended, a longtime North Dakota Supreme Court chief justice and a federal magistrate judge still fondly remember her skill, passion and dedication.

“Laurel was patient, brilliant and a really good writer,” said Karen Klein, former longtime U.S. magistrate judge, now recognized as a settlement expert and mediation skills trainer. “I find it such a tragedy that her life was cut so short, and that she couldn’t carry through with the career that she so obviously loved.”

Hanson died on Feb. 21, at age 49.

She would have turned 50 on March 10. Her death came after nearly two decades spent combating various health issues, including osteoporosis and an injury that led to early retirement in 2009, when she was in her early 30s.

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Former longtime North Dakota Supreme Court Chief Justice Gerald W. VandeWalle said he was sorry to hear about Hanson’s death, though he knew she was in poor health. He was her first mentor out of UND School of Law, and found her the perfect fit for the role of his clerk.

“She was an outstanding law clerk, as far as I was concerned,” VandeWalle said. “She certainly deserves all the respect I have for law clerks.”

ND Supreme Court Chief Justice Gerald “Gerry” W. VandeWalle is pictured with Laurel Rae Hanson.

Contributed

Hanson’s mother, Barbara Hanson, said she wasn’t sure where her daughter’s career would have ended up if it hadn’t been cut short due to her health issues. Her career had just begun, but she did enjoy clerkship. After working for VandeWalle, Laurel Hanson moved on to a two-year position as Klein’s law clerk. She later took a permanent position when it opened.

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The work of law clerks takes place primarily behind the scenes. They help judges review case files, researching and writing first drafts of decisions — a particularly important job, because decisions are expected to include detailed reasoning so everyone involved in a case understands what factored into a judge’s ruling, Klein said.

“If judges were to do it all from scratch, all by themselves, the backlog would just become unmanageable, and parties would wait many months — if not years — for decisions,” she said. “So it’s really important to have that legal expertise in someone other than the judge.”

Judges don’t control the cases assigned to them. While some are simple, others are highly complex — especially in the federal court system, where civil rights issues are handled, she said. Though Hanson’s career was brief, it had impact. Klein still recalls the work Hanson did researching and writing legal documents.

At a young age, she balanced what could at times be heavy work. Hanson was there when Alfonso Rodriguez Jr. was turned over to the federal court system and arraigned for the 2003 kidnapping and murder of 22-year-old Dru Sjodin, a case that made national headlines and created a tense atmosphere in North Dakota, particularly for women, Barbara Hanson said.

Laurel Hanson suffered a fall in 2008 that didn’t seem overly significant at the time, but led to an infection that caused further damage to already weakened bones, her mother said. She retired in 2009.

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“I think she loved the law; she just loved delving into issues,” Klein said. “It was just a tragedy that she couldn’t continue.”

Whether dealing with highly controversial or straightforward cases, Laurel Hanson remained level-headed and fair, which are valuable skills for the job, Klein said. She valued Hanson beyond her professional abilities; they also discussed books and Hanson’s travels. She made an effort to embark on new experiences, such as skydiving and scuba diving.

“Things that some of us wouldn’t even dream of — she was willing to take them on,” Klein said.

Barbara Hanson agreed that travel and adventure were among her daughter’s passions, which also included animals, friends and family. During the summer of last year, she was ecstatic to become a great aunt.

“Laurel did so many things, and probably could’ve done more if she hadn’t run up against all her health problems,” Barbara Hanson said. “Laurel really loved life.”

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Sav Kelly
Sav Kelly joined the Grand Forks Herald in August 2022.

Kelly covers public safety, including regional crime and the courts system.

Readers can reach Kelly at (701) 780-1102 or skelly@gfherald.com.





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North Dakota

Uelmen scores 41 as North Dakota thumps Denver 83-67 in Summit League Championship quarterfinal

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Uelmen scores 41 as North Dakota thumps Denver 83-67 in Summit League Championship quarterfinal


SIOUX FALLS, S.D. (AP) — Freshman Greyson Uelmen finished with a season-high 41 points to lead North Dakota to an 83-67 victory over Denver on Friday night in the quarterfinals of the Summit League Tournament.

No. 3 seed North Dakota moves on to play No. 2 seed St. Thomas-Minnesota in a Saturday semifinal. No. 1 North Dakota State plays No. 5 seed Omaha in the other semifinal.

Uelmen made 13 of 19 shots with three 3-pointers and 12 of 18 free throws, adding three steals for the Fightin’ Hawks (17-16). Eli King scored 20 points, going 7 of 17 (5 for 9 from 3-point range).

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Carson Johnson led the way for the Pioneers (15-17) with 17 points. Jeremiah Burke added 13 points and Shaun Wysocki scored 11.

Uelmen had 19 points in the first half as North Dakota took a 42-29 lead into the break.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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North Dakota

Top prospect decommits from North Dakota, considering Michigan State

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Top prospect decommits from North Dakota, considering Michigan State


Recruiting never stops in the world of college hockey, and that trend has continued for Michigan State. A huge prospect has just re-opened his recruitment, and is back on the market, and the Spartans are in the thick of it.

Carson Pilgrim, a 5-foot-11 and 185 pound forward form Warroad (MN) has decommitted from North Dakota. The current Tri-City Storm star has the attention of many across the country, including MSU.

The Spartans have been listed alongside St. Cloud State and Colorado College as schools pursuing the top USHL prospect. He more than certainly will be donning a college sweater next year and Adam Nightingale wants it to be in the green and white.

Pilgrim has 16 goals and 19 assists in 42 games in the USHL this season.

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Contact/Follow us @The SpartansWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Michigan State news, notes and opinion. You can also follow Cory Linsner on X @Rex_Linzy





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