(Jeff Beach – North Dakota Monitor) – Ray Holmberg, the former North Dakota lawmaker who pleaded guilty to a child sex charge, has made changes to his social media accounts and should not be jailed while awaiting sentencing, his attorneys said in court documents.
Holmberg has closed his Facebook account and made changes to his Twitter, now known as X, to better comply with the terms of his supervised release, the attorneys said.
The changes were noted in response to a request from U.S. District Court Judge Daniel Hovland, who is reviewing the terms of Holmberg’s release, after Pretrial Services noted violations that included using social media and the internet.
First Assistant U.S. Attorney Jennifer Puhl asked the federal court in North Dakota for a hearing on Holmberg’s release status because of those violations.
A document filed Tuesday said Holmberg “used Facebook to look at innocuous pictures from immediate family members,” and used Twitter to keep track of comments on his case, which he no longer is doing. The response came from Holmberg’s attorneys, Mark Friese and Drew Hushka of the Vogel Law Firm in Fargo.
People who plead guilty to the kind of felony sex crime that Holmberg has admitted to — travel with intent to engage in illicit sexual activity — would normally await sentencing in jail.
But during Holmberg’s plea hearing in August, Puhl and defense attorneys told Hovland that Holmberg’s case had “exceptional circumstances,” including his age, 80, and medical conditions, that would allow him to await sentencing at his Grand Forks home.
“That agreement was premised on Holmberg abiding by the court-imposed conditions of release. Holmberg’s refusal to abide by those conditions — despite multiple warnings from his
Supervising Probation Officer and the Court — has effected a significant change in circumstances,” Puhl wrote in response to Hovland request for a briefing, which was filed Tuesday.
Holmberg pleaded guilty to traveling to the Czech Republic to have sex with boys. A sentencing date has not been set.
Holmberg resigned his North Dakota Senate seat in 2022 after federal investigators searched his home in late 2021.