A former UND lecturer who was convicted in Grand Forks Municipal Court of stealing a package of cooked chicken last year appealed the conviction this week before the North Dakota Supreme Court.

Benjamin Thong, whose conviction on theft and failure-to-appear charges in Grand Forks Municipal Court last year was upheld by the District Court, was argued Monday before the State Supreme Court. The Supreme Court has 70 days to issue a decision on the appeal.

Thong, a naturalized U.S. citizen, was arrested in January 2001 in front of Super One Foods in Grand Forks and charged with theft. He told police his name was Ben Ong, according to a case summary. Thong posted bail and was released.

He pleaded not guilty. On Feb. 14, the last day to request a jury trial, David Dusek, Thong's lawyer, signed a jury trial request form, "but requested the form be held and not filed until he could speak to his client, whom he had been having trouble getting in touch with," according to the case summary. The jury request form was not filed.

Dusek tried to notify Thong by mail and e-mail of a hearing scheduled for Feb. 28. His letter was returned by the post office and the e-mail went unanswered.

Dusek was allowed to withdraw as Thong's attorney without written notice of the intent to withdraw.

Thong did not appear in court and was arrested on a warrant in March. He was later convicted of theft of property and failure to appear at a bench trial in Municipal Court. He was represented by attorney Kevin Spaeth.

Thong appealed the decision to the District Court, which upheld his Municipal Court conviction.

The brief prepared for Thong stated that the Grand Forks Municipal Court lacked the jurisdiction to proceed with the charge of theft after Thong's attorney at the time filed a timely demand for a jury trial. It also said the Municipal Court erred in permitting Dusek, Thong's lawyer at the time, to withdraw and failed to notify Thong of the matter.

Thong was in the news in 2000 when he was twice dismissed from his teaching position at UND. The university placed him on paid leave after he filed a lawsuit in Northeast Central District Court in Grand Forks. He now teaches at the University of Minnesota in Minneapolis, according to court documents.

Zhang reports on local and regional news. Reach her at 780-1267, or xzhang@gfherald.com.