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Amy Dalrymple, Forum News Service, Published August 27 2010

Attorney opposes motion to delay trial for ex-North Dakota trooper accused of assault

The attorney for a former North Dakota Highway Patrol trooper charged with domestic assault argued Thursday against delaying the trial.

Michael Polomny, accused in Clay County District Court of pushing, kicking and punching his wife while she held their infant son at their Moorhead home, is set to go to trial on Tuesday.

Prosecutors asked to delay the trial because a police officer who will testify is on a “previously scheduled leave” through Tuesday.

Defense attorney Mark Friese opposed the delay because a no-contact order between Polomny and his family is creating a financial strain and other hardships for the family.

Polomny’s wife requested that the no-contact order with her and their six children be lifted. In an affidavit filed in court, she said Polomny has never before been abusive and he’s undergoing counseling.

She said she does not fear for her safety or the safety of their children, the affidavit states.

The no-contact order was modified so the couple could attend marriage counseling and so they could have limited contact to discuss financial issues, Friese said.

In addition, Friese argued in court papers that a speedy trial will have an effect on Polomny’s termination appeal hearing.Polomny was fired from the Highway Patrol earlier this month and an appeal hearing is anticipated in September, Friese said in court papers.

As of late Thursday, Friese said he understood that the trial is still scheduled for next week.

Polomny, 40, is charged with misdemeanor domestic assault and three gross misdemeanor charges of child endangerment.

Court records say that on June 23, police were called to the home at 2712 Walnut Circle after receiving a report of an assault.

Polomny’s wife told police they were having marital problems because of an Internet addiction.

Polomny is accused of getting upset with his wife and assaulting her while she held their 3-month-old son.

Two other children were there and screaming at him to stop, court records say.

Readers can reach Forum reporter Amy Dalrymple at (701) 241-5590