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Removal prosecutor responds to motion

Posted 3/28/17 (Tue)

By Jack Dura
Farmer Staff Writer

In response to suspended McKenzie County Sheriff Gary Schwartzenberger’s motion to dismiss the grounds for his removal, the case’s prosecutor wants the matter to move forward to its hearing.
Citing North Dakota Century Code that the governor has sole authority for “a final determination,” prosecutor Bill O’Driscoll wrote in his March 22 response that a decision on Schwartzenberger’s removal can only come after a hearing and recommendations from the case’s commissioner.
“Appearance and prosecution must be made,” O’Driscoll wrote.
Earlier this month, defense attorney Michael Geiermann filed Schwartzenberger’s motion to dismiss the complaint, citing “personality conflicts, power struggles, unfiled criminal charges or politics.”

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