11/3/2009 9:30:45 AM

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By Janice Gregorson

Post-Bulletin, Rochester MN 

A joint or separate trial? A district judge will decide if the Mankato, Minn., parents of conjoined twins will be tried together or separately on criminal charges filed nearly two years ago.

	What happened: A district judge heard arguments from attorneys about whether the parents of a baby should be tried separately or together in connection with allegations that the baby was assaulted. Why it matters: Defense attorneys say a joint trial would hurt their clients. The prosecutor says the cases against the parents involve the same evidence and witnesses. What's next: The district judge will decide the issue later.

It's the latest twist since criminal charges were filed against Valerie James and Robert Lee Heck III, who have since lost custody of the children. The prosecution seeks a joint trial, but defense attorneys want separate trials.

The twins were born Nov. 9, 2006, in Rochester and underwent immediate separation surgery. Jordan was released Jan. 3, 2007, and stayed with his parents at the Ronald McDonald House. Jacob was still in the hospital.

On Jan. 11, 2007, the couple brought Jordan to the emergency room at Saint Marys Hospital because of swelling and bruising in his legs. Doctors found he had 24 leg and rib fractures.

James and Heck were each charged with first-degree assault and aiding an offender.

District judges later dismissed the assault charges for lack of probable cause, but those rulings were appealed to the Minnesota Court of Appeals. The county attorney's office later withdrew the appeal in the James case. In Heck's case, the court of appeals reversed a trial court decision and remanded the case to Olmsted County for trial.

That leaves Heck facing the more serious first-degree assault charges as well as aiding an offender and James facing the aiding an offender charge.

Attorney arguments

Bill Wright, who represents Heck, told Judge Joseph Wieners on Monday that his client would be hurt by a joint trial.

"This is going to be a sensational case, and my client won't have a fair shot when he is the only one charged with (first-degree) assault," Wright said.

Pam King, representing James, also opposes a joint trial. She said James is charged with aiding an offender after the fact.

"There's significant danger for confusion with respect to the jury," she said.

In this case, prosecutors say an assault occurred, and the defense says there was no assault.

Prosecutor Julie Germann asked for the joint trial, saying the law allows it when two people acted closely together.

Wieners took the matter under advisement.

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