Date: 09-16-2024

Case Style:

State of Minnesota v. James Andrew Works

Case Number: 27-CR-22-21091

Judge: Slieter

Court: District Court Hennepin County Minnesota

Plaintiff's Attorney: Hennepin County Minnesota County Attorney's Office

Defendant's Attorney:

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Description:

Minneapolis, Minnesota first-degree criminal sexual conduct and kidnapping lawyer represented the Defendant.

In October 2022, respondent State of Minnesota charged appellant James Andrew Works with two counts of criminal sexual conduct in violation of Minn. Stat. § 609.342, subd. 1(d) (2008), and two counts of kidnapping in violation of Minn. Stat. § 609.25, subd. 1 (2008). The complaint alleged that on June 26, 2010, Works responded to an online advertisement for escort services, met two women at an agreed-upon street, directed them by gunpoint to a secluded location, and forced them to engage in various nonconsensual sex acts.

Jury selection started on March 21, 2023. After the jury panel completed questionnaires, Juror 11 asked to speak with the district court and, outside of the presence of other jurors but with parties and counsel present, raised concerns about the racial composition of the jury. After hearing the juror's concerns, the district court reiterated that jurors are selected at random and told Juror 11 that the jury would receive an instruction regarding implicit bias.

After completing voir dire questioning the following day, the state struck Juror 11 and defense counsel raised a Batson challenge. After hearing arguments from counsel, the district court determined that defense failed to prove Juror 11 was struck because of his race.

The state's first witness was A.M. A.M. testified that she and J.S. advertised "mannequin dress[ing]," meaning she would dress however a person wanted and accompany them to an event; her services did not involve touching. A.M. testified that on June 26, 2010, a person who identified himself as "Jordan" responded to her ad. A.M. and J.S. were dropped off at the meeting spot arranged with "Jordan," and the two were approached by someone with a gun. A.M. identified Works as the person who approached them with a gun. Works directed A.M. and J.S. to a secluded place around the corner. Works then forced A.M. to perform oral sex while he pointed a gun at J.S. A.M. stated that she did not consent to performing oral sex. Works then directed A.M. and J.S. across the street. Works then alternated penetrating A.M. and J.S. with his penis. A.M. testified that she was afraid Works was going to shoot them and that neither she nor J.S. consented to having sex with him.

J.S. testified that she was with A.M. on June 26, 2010, and that she was under the impression that the two would be going to meet someone who A.M. agreed to dance for. J.S. testified that they were approached by a man with a gun who directed them at gunpoint to a nearby park where he alternated penetrating each of them with his penis. J.S. testified that she did not consent to the contact and that Works held the two at gunpoint throughout the process. J.S. also testified that Works forced her to perform oral sex on him, which she would not have done if he was not holding her at gunpoint.

A.M. and J.S. reported the incident and received sexual-assault examinations. DNA testing in 2022 identified Works as the perpetrator.

The district court also allowed the state, over Works' objection, to present Spreigl evidence of two prior, similar incidents.

The jury found Works guilty of all four counts. Immediately after dismissing the jury, the district court stated, "I do accept and record the jury's verdicts as to Counts 1, 2, 3, and 4, and so you are adjudicated guilty of each of those offenses at this time."

Works appeared for sentencing in May 2023. The district court sentenced the offenses in the order in which they appear in the complaint, imposing sentences first on the counts of criminal sexual conduct and then the kidnapping counts. For the two counts of criminal sexual conduct, the district court sentenced Works to consecutive 172-months prison terms. On the two counts of kidnapping, the district court imposed 23-month prison terms, consecutive to the proceeding counts. The district court also imposed a lifetime conditional-release term.

Outcome: Affirmed in part, reversed in part, and remanded.

State v. Works, A23-1156 (Minn. App. Sep 16, 2024)

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