FOR IMMEDIATE RELEASE December 15, 2013 Contact: Sean M. Johnson (701) 484-1376 synergoigroup@gmail.

com

Former Lincoln, ND Police Chief Cleared of Child Abuse Allegations

BISMARCK Former Lincoln, ND Police Chief Marcel Sim, 47, of rural Bismarck has been formally cleared of child abuse allegations made by his spouse in September. McLean County States Attorney Ladd Erickson informed Burleigh County States Attorney Richard Riha in a letter dated December 10th that no evidence of criminal conduct existed, and that he was closing the case without filing charges. Erickson was working the case on behalf of Riha and Burleigh County due to Sims former employment as the Chief of the Lincoln Police, and the potential for conflict of interest concerns due to his previous interaction with the Burleigh County States Attorney on law enforcement matters. In the letter, Erickson stated that Therefore, I do not find evidence that criminal conduct was involved with the touching complained of and hereby close this case without filing of any charges. Ericksons decision, according to the letter, was based on a review of police reports and forensic interview tapes of the child in question. Erickson concluded from the totality of the evidence that no signature action where a logical inference of child abuse could be made, and that contact with the child was related to normal parenting activities.

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In addition, equal evidence existed according to Erickson that both Sim and his wife, whom he is currently separated from and who made the abuse accusations, engaged in this normal contact. Ericksons letter is the second instance suggesting the allegations against Sim regarding child abuse were unfounded. On November 14, Cass County, ND Social Services informed Sim by letter that, after their investigation due to the report they received of the suspected child abuse based on his wifes allegations, no child protective services were required and they had closed their files on the matter. The Lincoln City Council, in a 3-2 vote, fired Sim from his job as the Chief of the Lincoln Police Department on October 28 despite the fact that no charges had been filed or conviction made against him. The council cited credibility concerns, due to a restraining order filed by Sims wife when she made the child abuse allegations, as their justification. Sims wife also alleged a threat was made against her by Sim in 2010, but police were never called and no records or other evidence exists substantiating this allegation. This alleged 2010 incident was the basis for her seeking the restraining order in September 2013. Normally, if no evidence or other substantiation exists of a threat by one spouse against another, the threat is not considered imminent and would not be placed on a restraining order. Councilmembers Steve Urlacher and Savannah Cantelberry voted in favor of the motion to dismiss made by Cantleberry. Council President Karen Daly and Councilmember Reed Unterseher voted against the motion, with Mayor Bob Johnston breaking the tie in favor of Sims dismissal.

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Requests to interview Marcel Sim should be coordinated with the contact above.