Brad Dusenka of frankies live bait in chisago

[hadams]

Brad dusenka and his cousin mark were aquitted of all charges yesterday after 3 hours of deliberations .
for those of you who heard what happened 

[DDSBYDAY]

    They were lucky.  The kid changed his whole story.  Either afraid for his life or realized how much pain he was causing his family.  I hope he cleans up his act after this.  Tough love can work.

[JohnWester]

good. I should give him a call, it's been a while since I talked to him.

[HD]

Nope, I didn't hear what happened. 

[22lex]

I remember this story, and all I will say is that if the same situation 30 years ago happened....there wouldn't have been much to this and no story besides DDSBYDAY's.....tough love theory.

You can google the story from the Startribune.

[beeker]

heres the story from the chisago press... moral= don't take your grandparents stuff



Trial begins in case of nephew allegedly beaten by uncles, jury seated early this week

BY DENISE MARTIN

Jury selection in the matter of the assault charges against Marcus Clay and Bradley Dusenka started early this week.

The trial is going to be unusual not only because a well known area family is involved, but because the alleged victim-- a 27-year-old nephew allegedly beaten by his own uncles -- has recanted his version of the incident that the criminal charges are based on.

Attorneys were first in court in Center City Monday arguing an evidentiary motion, on which Judge McBride ruled in the prosecution's favor.

County Attorney Janet Reiter guesses the trial itself will require a week or less.

Clay, 51 and Dusenka, 44, of rural Chisago City, are related through marriage. They are being tried for allegedly kidnapping (holding against his will) and assaulting Shawn Dougherty over several hours on December 15, 2009.

The evidentiary issue had to do with a videotape made while two emergency medical technicians (EMTs) were evaluating Dougherty's condition in an interview room at Lakes Area Police Department, the night of the alleged assault.

Reiter said the level of relevance of the video was questioned by the defense attorneys. It was a positive thing that the judge ruled in the prosecution's favor on this question of law.

The videotape supports the contention of the prosecution that Dougherty was seriously injured.

The evidence hearing included testimony from two deputies, an EMT and a Lakes Area officer verifying the reliability of the video evidence; for instance when the tape was made, etc.

Asst. Chisago County Attorney Nick Hydukovich told Judge McBride the court must grant the videotape the status the prosecution requests "for substantive purposes," as the tape apparently depicts Dougherty identifying his assailants and also recorded the EMT asking about and evaluating injuries Dougherty sustained.

In April 2010 a trial on charges that a third person-- Shane Sperr, had "aided and abetted" in the assault ended with Sperr being acquitted. The jury apparently did not find that Sperr "knowingly" helped a crime to be committed. It was at this first trial that the initial complaint and its details were discounted by Dougherty, who now claims he probably invented the whole episode.

Dusenka and Clay are accused of having lured Dougherty to Sperr's residence and forcing him into their truck, driving to the Rush City area and back to Chisago-- beating Dougherty in the course of the day's events.

Dougherty was hospitalized at Regions Medical Center for two days after his mother took him for medical care. The EMT said in the evidence hearing Dougherty had refused to be transported the day of the alleged incident, but she'd made him "promise" that he'd see a doctor later.

[Mayfly]

Just read the articles on the Star Tribune... I guess they didn't have to beat him that badly but maybe it needed to be done or should of been done years ago. I just really hope that he has chosen a different path in life since then.

[hadams]

yeah i just talked to brad ! turns out the kid decided to tell the truth about everything i actually sat in at 1 of his court dates and man u wont believe the BS that the nephew was saying about them.

anyways now hopefully they can move on and put it all behind them