Convicted sex offender Michael Brewer was granted a new trial in June 2018, since then he has had his charges lowered in his case.
Twenty-seven-year-old Brewer was convicted of two felony counts of gross sexual imposition for touching two minors sexually in a pool in Bismarck in 2014.
Assistant state’s attorney Marina Spahr says prosecutors submitted evidence right before the trial about Brewer touching one of the victims before the pool incident. She says the judge allowed prosecutors to use it in their argument and the defense never objected to the evidence being used.
His defense attorney tried to appeal the case but the Supreme Court didn’t review it because he never objected before or during the trial.
Brewer appealed the case again with a new appellee attorney and argued his previous trial attorney was ineffective for not objecting to the piece of evidence.
At the end of July, Brewer’s new trial was canceled and his felony charges were amended to two misdemeanor sexual assault charges.
He pleaded guilty to the two counts of sexual assault, according to court documents. He maintained his innocence but says a jury previously convicted him and he pleaded guilty to “gain the benefit of a plea bargain,” according to the stipulation agreement.
Spahr says Brewer had already served more than two years for the case and the family and prosecutors didn’t want to put the victims through another trial.
Brewer was sentenced to 30 days at the Burleigh Morton Detention Center for the two counts, with credit for time served.