SIOUX FALLS, S.D. (KELO) — The Minnehaha County Public Defender’s Office is raising concerns about public trust in the justice system after an ICE arrest at the Minnehaha County Courthouse resulted in a mistrial Friday.
According to an emailed statement to KELOLAND News, Traci Smith with the Minnehaha County Public Defender’s Office said, “The ICE agents’ presence coincided with the presence of witnesses who had been subpoenaed to testify on behalf of the Defendant.”
Smith said jurors were on a break and many of them saw the ICE arrest, which happened in front of both the witnesses’ wife and infant daughter.
“Because of the scene it caused, the Judge declared a mistrial,” Smith said. “The witness had been lawfully subpoenaed to appear and testify. The actions of the prosecutor and ICE not only disrupted the trial but directly undermined the Defendant’s constitutional right to a fair trial and caused irreparable harm to the judicial process.”
Smith said the person on trial is a U.S. citizen.
“The removal of a witness under these circumstances sets a dangerous precedent and casts a long shadow over the integrity of our justice system,” Smith said. “The chilling effect this incident is likely to have on future witness cooperation, especially within our immigrant communities, cannot be overstated. If individuals fear that coming to court could lead to their detention or deportation, they are less likely to report crimes. Victims will be less likely to cooperate with investigations — this jeopardizes both justice and public safety for all.”
KELOLAND News has reached out to the Minnehaha County State’s Attorney’s office and the Department of Homeland Security. Any statement will be added to this story.
