Judge sets aside jury conviction for assault on Red Lake infant

Tuesday, June 3, 2014  

A federal judge in Minnesota set aside a guilty verdict for a Red Lake Nation man who had been convicted of assaulting his 10-month-old son.

In March, James White Jr. was found guilty of on one count of assault resulting in serious bodily injury. He was facing at least 10 years in federal prison for the crime.

But Judge John Tunheim said federal prosecutors did not provide White's guilty beyond a reasonable doubt. His decision to set aside the verdict was descried as highly unusual.

“District judges don’t take a jury verdict lightly,” Paul Murphy, a former federal prosecutor, told The Minneapolis Star Tribune. “The government is going to have a very interesting decision.”

The U.S. Attorney's Office is deciding whether to appeal.

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In rare move, federal judge tosses jury conviction in child's injury (The Minneapolis Star Tribune 6/3)