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Prosecutor: State official got a "break" BISMARCK, ND (NDPR) - A prosecutor says North Dakota Aeronautics Commission director Gary Ness got a break when he was released from jail last week on a felony theft charge.

And Burleigh County States Attorney Richard Riha says it raises questions about judicial procedure.

Ness is accused of taking an envelope with almost $1800 in cash from a gas station counter. He was arrested Friday -- and after his arrest, his lawyer called South Central District Judge Robert Wefald to set up a bond hearing. Wefald agreed to hold the hearing shortly before 5 pm and he ordered Ness released without bail.

Wefald says he knows Ness, and knew he wasn't a risk to flee the state. He says there was no reason to force Ness to spend the weekend in the county jail.

However, there is no record of that hearing -- either as a transcript or as a sound recording.

"I think it raises some questions about judicial procedures," said Burleigh County State's Attorney Richard Riha. "We were surprised a hearing was held."

Riha says Wefald's action doesn't hurt his criminal case. But he says an ordinary criminal defendant would have had to spend the weekend in jail.

"We have a certain set of procedures that we follow, and it wasn't followed in this case," said Riha. "That's disconcerting."

Ness remains free on his promise to attend future hearings. He appeared before Judge Donald Jorgenson, since Wefald has now recused himself.


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