Ben Edward Bina fought the law and the law lost.

Monday, April 03, 2000

Ben Edward Bina fought the law and the law lost.

Austin police had an air-tight case against Bina and a brother, Luke.

The case against Luke Bina, then a 17-year-old, was strong enough that the younger brother was certified to stand trial with his older brother on attempted robbery charges.

Here’s what police say: The brothers attempted to rob an Austin restaurant at gunpoint a year ago. No shots were fired, no injuries reported and nothing was missing after the aborted attempt.

The description given by restaurant employees matched the brothers.

Evidence found in the brothers’ possession, including a handgun, matched items used in the robbery attempt.

When one of the brothers boasted to friends they tried to rob the restaurant, and the friends called police, officers knew they had a slam dunk when it reached court.

The only problem – it never reached court.

Exercising his right, albeit from behind bars, the suspect in the case defeated the criminal justice system by using the system.

How did that happen? How could that happen? Will more outcomes like this happen in criminal courts as the caseload increases and resources decrease?

There are many questions, but no one seems to know the answers for sure.

Everyone does agree on this: The defendant requested a speedy trial. When that didn’t happen, charges were dismissed for failure to prosecute with the mandatory speedy trial time period.

End of story except for the frustration felt by those seeking to protect and serve the public.

"I’m very disappointed the case did not go to trial," Austin Police Chief Paul M. Philipp said.

"The officers worked very hard and this was a very important case. It should have received the proper attention and it did not," Philipp said.

Mower County Attorney Patrick A. Oman said the failure to prosecute the case within the time specified was the result of a fluke.

"This is the first time in the several years that I have been county attorney, that something like this has happened," Oman said.

Idea born in prison

Ben Edward Bina was incarcerated in the Minnesota Correctional Facility at St. Cloud in June 1999 on other charges from another jurisdiction in Benton County and also waiting trial in Mower County.

He was served with notice by Mower County about the attempted robbery charges. On the same day, he filed a "Uniform Mandatory Disposition of Detainer form," which Oman said requested a speedy trial on the matter.

But that didn’t happened. Something got lost in the mail, officials say.

While prosecutorial and court administration officials ponder what went wrong, a judge hearing the case had not doubts about what to do.

District Judge Donald E. Rysavy was satisfied that the form was sent by St. Cloud to the Mower County attorney and the Mower County court administration.

The court administration copy was filed after receipt June 14, 1999.

Oman’s office has no record of receiving a copy.

The suspect’s court-appointed attorney didn’t by himself notify either party, Oman or Ball, and, of course, he was not obligated to do that. The form sent by the defendant was all the state law required.

Time passed and the speedy trail deadline came and went.

On Jan. 18, Bed Edward Bina’s attorney, Stephen Erickson of Albert Lea (Erickson declined comment for this story) filed a motion requesting that all charges against the defendant be dismissed, because the case wasn’t prosecuted within the statute-ordered six months.

Judge Rysavy had no other option than to follow the statute and order the case dismissed.