Judge to Denny Hecker:"Tell 'Em Quam Sent Ya!"
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Florida divorce attorney Janet Langjar recently cited an article concerning Denny Hecker's recent contempt incarceration. Looks like Dennis has finally made headlines outside of the Twin Cities. Huge story around here. But, just to verify the notion that no one, other than we Minnesotans, care much about Hecker, I searched for Denny on CNN and CBS. Goose egg. Apparently a big fish in a small pond.
For those residing elsewhere, here's the short version: Hecker was a big shot car dealer in Minnesota who lived a bit on the lavish side. He fell into credit trouble with Chrysler (owing them $700 million) at the onset of the recession. Has since filed bankruptcy, been charged criminally in federal court and faces an ugly divorce with his fourth wife. Having failed to make alimony payments to his second wife and failing to disclose financial records to the family court judge and his fourth wife's lawyer, he was found in contempt of court and incarcerated.
The Minnesota Star Tribune article says:
"The first four days are an experience that one would not want to experience in a lifetime," the former auto sales mogul told Hennepin County Judge Jay Quam.
Quam jailed Hecker on Tuesday after finding him in civil contempt of court for failing to pay $10,000 in alimony to his second wife and for withholding key financial data in the divorce from his fourth wife, Tamitha Hecker. He has since paid almost all of the required amounts, leading Quam to allow his release.
He promised Quam that he would be diligent about disclosing all his finances, adding that more progress has been made in a week than in the past three months.
Quam called Hecker's release a "furlough," suggesting Hecker could be returned to jail to serve more of the 90 days possible for civil contempt. Hecker must stay current on his payments, present the appropriate documents and provide reports of any received money.
"I know, Mr. Hecker, the last four days have been very hard for you. The workhouse is not a nice place," Quam said. "It's not an exaggeration for me to say it's a place where dignity takes a holiday."
Hecker's new divorce attorney, D. Patrick McCullough, told Quam that Hecker was not intentionally defying the court's authority by not revealing certain pieces of financial information. They're withheld, he said, because they may inhibit Hecker's ability to defend himself against the criminal charges. Hecker faces 25 federal criminal charges that include wire fraud and money laundering. McCullough questioned whether withholding certain documents fell under Hecker's Fifth Amendment right not to incriminate himself.
I think McCullough has a point. How do you reconcile mandatory disclosure of financial data in a divorce with the Fifth Amendment right against self-incrimination?
Here are a few things to keep in mind in terms of discovery in a Minnesota divorce case:
- Discovery is a fancy way of describing the gathering of information necessary to determine the facts in a particular case.
- Discovery is governed by the Minnesota Rules of Civil Procedure, and can include written questions answered under oath, requests for production of documents, a demand for inspection of property, a demand to have the opposing party submit to a medical or psychological evaluation, requests for admissions or the ability to take another's deposition.
- In most dissolution cases, discovery is conducted on an informal basis between lawyers. But, more complex situations (such as Hecker's) may warrant the use of the discovery tools noted above.
- If an opposing litigant won't answer or produce information, the court may order them to answer or produce. If they don't, they may be found in contempt...and spend a few days behind bars thinking about whether they want to comply.
