Friday, April 20, 2018

Kottom Criminal Complaint Tosses Huge Monkey Wrench Into 69DU-CR-17-900 Trial? St. Louis Co. Attorney Mark S. Rubin, St. Louis Co. Attorney Criminal Division Head Gary W. Bjorklund, St. Louis Co. Assistant County Attorney Christopher Pinkert, Dept Of Natural Resources (DNR) Colonel Rodmen Smith, DNR Administrative Manager Captain Alex Gutierrez & MN DNR Data Practices Compliance Official Sheila Deyo All Named In Kottom Complaint? DNR & Corrupt Prosecutors Have Well-Documented History Of Trying Cases In Court Of Public Opinion, Don't They? Confidential/Nonpublic Criminal Investigative Data Illegally Released To Lap-Dog Media, Right?


Vernon Manner, Chief of Police                  04-15-18
301 W Lake St.
Chisholm, MN 55719
(218) 254-7915/(218) 254-7939
vmanner@ci.chisholm.mn.us

This is my signed criminal complaint against your corrupt St. Louis County Attorney Mark S. Rubin, St. Louis County Attorney Criminal Division Head Gary W. Bjorklund, and St. Louis County Assistant County Attorney Christopher Pinkert in what I have a reason to suspect is a conspiracy with Mn Dept of Natural Resources (DNR) Colonel Rodmen Smith, DNR Administrative Manager Captain Alex Gutierrez and MN DNR Data Practices Compliance Official Sheila Deyo to illegally release 1,2,3,4,5,6 my confidential, nonpublic, criminal investigative data for Case No. 69DU-CR-17-900 to media outlets in order to try my case in the court of public opinion. I have reason to suspect that Rubin, Bjorklund, Pinkert, Smith, Gutierrez, and Deyo are guilty of misusing public resources (609.52 Theft), engaging in criminal misconduct (609.43(2)(3) Misconduct of public officer or employee), and willful refusal to comply with the Minnesota Government Data Practices Act (13.09 Penalties). See Exhibits A – D.

This is also my Chapter 13 data request for the public portion of my initial complaint report (ICR) in its original seachable pdf format.
 _____________________________________
 1. 13.09 PENALTIES. (a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor. (b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee. 2017 Minnesota Statutes
2. 13.83 Comprehensive Law Enforcement Data. Subd. 7. Criminal investigative data. Except for the data defined in subdivisions 2, 3, and 6, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility are confidential or protected nonpublic while the investigation is active. 2017 Minnesota Statutes
3. B. 1. Officers shall not release archive copies (or original video or audio tape recordings) from their custody. Officers shall honor legitimate requests for access to evidentiary media by making and providing a copy of the media to the prosecuting attorney or the division’s data practices responsible authorities. VII. Storage Of Photographs And Recordings – O-11-06, Property And Evidence Standards – Minnesota Department Of Natural Resources Division Of Enforcement 4. Subd.
4. Custody of Materials. Materials furnished to a party under discovery rules or orders must remain in the party's custody and be used by the party only to conduct that attorney's side of the case, and may be subject to other conditions the court orders. Rule 9.03 Regulation of Discovery – Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases – Minnesota Court Rules Of Criminal Procedure
5. (a) A lawyer who is participating or has participated in the investigation or litigation of a criminal matter shall not make an extrajudicial statement about the matter that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing a jury trial in a pending criminal matter. Rule 3.6 Trial Publicity – Professional Rules – Minnesota Rules of Professional Conduct – Minnesota Court Rules
6. (f) exercise reasonable care to prevent employees or other persons assisting or associated with the prosecutor in a criminal case and over whom the prosecutor has direct control from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6. Rule 3.8 Special Responsibilities of a Prosecutor – Professional Rules – Minnesota Rules of Professional Conduct – Minnesota Court Rules.
Page 1 of 3
I have reason to suspect that I have clear, precise and unquestionable proof that the illegal release of my confidential, nonpublic criminal investigative data in my case (69DU-CR-17-900) along with the illegal release of my co-defendant’s confidential, nonpublic criminal investigative data (69DU-CR-17- 901) to local media outlets is not an isolated incident.

Table: Court Dispositions vs. Date of publication in media of confidential, nonpublic data

Case No. 69DU-CR-17-900 State of Minnesota vs Roderick Robert Kottom
As of today’s date: Pending disposition
Case No. 69DU-CR-17-901 State of Minnesota vs Douglas Anthony Marana 06/26/2017: Sentenced (Judicial Officer: Albrecht, H. Peter)
Date of publication: 03/16/17 2 charged in illegal trapping operation http://www.kare11.com

Case No. 03-CR-15-1798 State of Minnesota vs Anthony Emmons
Case No. 03-CR-15-1800 State of Minnesota vs Clifford Emmons
05/27/2016 Sentencing Order (Judicial Officer: Carlson, Jay D. )
Case No. 03-CR-15-1802 State of Minnesota vs Ryan Emmons
Case No. 03-CR-15-1800 State of Minnesota vs Clifford Emmons
04/27/2016 Sentencing Order (Judicial Officer: Carlson, Jay D. )
Case No. 03-CR-15-1801 State of Minnesota vs Gregory Emmons
Case No. 03-CR-15-1803 State of Minnesota vs Amanda Wrigh
 Case No. 03-CR-15-1804 State of Minnesota vs Chad Wright
09/22/2015 Sentencing Order (Judicial Officer: Evans, Joseph A. )
Date of publication: 08/11/15 Six Indiana Vacationers Charged With 676 Fish Over Minnesota Limit http://minnesota.cbslocal.com
Date of publication: 08/17/15 Six Indiana anglers caught with 676 fish over the limit http://www.brainerddispatch.com See attached articles.

Case No. 37-CR-15-22 State of Minnesota vs Joshua Dwight Liebl 04/11/2016 Disposition (Judicial Officer: Van Hon, Thomas W.) Charges 1. - 13. Dismissed
Date of publication: 05/02/16 ACLU joins appeal in GPS deer poaching case Date of publication: 10/17/16 Court of Appeals upholds dismissal of poaching charges
Date of publication: 04/20/16 Lac qui Parle County appeals poaching dismissal http://www.wctrib.com See attached articles.

Case No. 21-CR-13-51 State of Minnesota vs Ronald Wayne Johnson 7 12/21/2015 Amended Disposition (Judicial Officer: Battey, David R.) Reason: Appeals Court Reversal – Vacated.
02/16/2016 Amended Disposition (Judicial Officer: Battey, David R.) Reason: Court Order Charge #1 – Dismissed
Date of publication: 01/24/2013 DNR busts Carlos man with 250 fish over limit http://www.echopress.com See attached article.
_____________________________________
7. Mr. Karpan: I do have one request. Um, I've not asked for this before, I'm not sure how to handle it, but the Department of Natural Resources as they've done in the past has seen fit to do a press release, and officer Osborne has answered questions for the newspaper. My client – all the facts of the case are in the Echo Press, on the radio and in sporting magazines. Not only are there quotes in there that aren't - - I mean I know the State has a right to release incident data I think it's called. Under Chapter 13.82, investigative data is not to be released. Well, there are pictures allegedly of my client's fish all over the Echo Press. Everybody in town is talking about it. I don't know if I'll have to make a change of venue motion eventually. I'll have to see how this plays out in a few months. But under 13.82, there's no way the DNR is supposed to be releasing pictures of evidence to the news- paper. It prejudices my client. It prejudices all of us. It makes it impossible to get a fair (continued)
Page 2 of 3
What also backs up my reasonable suspicions of a conspiracy to try my case in the court of public opinion is that I have not been notified 8 by DNR personnel, St Louis County personnel, sixth judicial district court administration, nor even a sixth judicial district officer of the court that there has been a breach involving my confidential, nonpublic data for my case Case No. 69DU-CR-17-900 and for my co-defendant in Case No. 69DU-CR-17-901 State of Minnesota vs Douglas Anthony Marana.

I’ve attached Terry Dean, Nemmers’ Chapter 13 data requests. The Chapter 13 data requests indicate that Nemmers received confidential, nonpublic data (See attached digital image: Indiana overlimits.jpg) for the Indiana Fisherman’s cases (03-CR-15-1798, 03-CR-15-1800, No. 03-CR-15- 1802, 03-CR-15-1800, 03-CR-15-1801, 03-CR-15-1803, and 03-CR-15-1804). Nemmers’ Chapter 13 data requests indicated that both DNR Administrative Manager Captain Alex Gutierrez and MN DNR Data Practices Compliance Official Sheila Deyo were willing to illegally release the same confidential, nonpublic to Nemmers as they illegally released to the personnel 9 of KARE 11-TV.

In conclusion, I have reason to suspect that I have clearly outlined the means, motive and opportunity in a conspiracy between St. Louis County Attorneys Rubin, Bjorklund, Pinkert and DNR Colonel Smith, Captain Gutierrez and MN DNR Data Practices Compliance Official Deyo to illegally release confiden- tial, nonpublic data in both my case (69DU-CR-17-900) and the case for my co-defendant in (69DU- CR-17-901) to try the cases in the court of public opinion.
___________________________________________________________
Roderick “Rick” Kottom
222 3 rd St. SW.
Chisholm, MN 55719
218-254-2310
_____________________________________
7. (continued) trail. So I'm asking the Court to order the Department of Natural Resources to not discuss this case any further until it's done.
The Court: Mr. Hochsprung?
Mr. Hochsprung: Your Honor, I did not authorize the Department of Natural Resources to disclose anything to the paper. Um, I can talk with Mr. Osborne or whoever about that, but I don't have any information about that. State of Minnesota vs. Ronald Wayne Johnson Rule 5/ Rule 8 Hearing. Court File No. 21-CR- 13-51. February 11, 2013 [Note: Mr. Karpan is former Douglas County Attorney Christopher Karpan]
8. Subd. 2. Notice to individuals; investigation report. (a) A government entity that collects, creates, receives, maintains, or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach. Written notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person and must inform the individual that a report will be prepared under paragraph (b), how the individual may obtain access to the report, and that the individual may request delivery of the report by mail or e-mail. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data. 13.055 Disclosure Of Breach In Security; Notification And Investigation Report Required
9. Seek Truth and Report It – Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless. Minimize Harm – Recognize that legal access to information differs from an ethical justification to publish or broadcast. Be Accountable and Transparent – Expose unethical conduct in journalism, including within their organizations. Society of Professional Journalists Code of Ethics
Page 3 of 3
from: Lion News lionnews00@gmail.com
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us
date: Thu, Apr 5, 2018 at 11:21 AM
subject: Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04
mailed-by: gmail.com


Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:

Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):


1. City of Chisholm's resolution appointing an administratively and technically qualified Responsible Authority. https://www.revisor.mn.gov/rules/?id=1205.2000
2. City of Chisholm's Notice to Commissioner of Administration: Adoption of Model Policies https://mn.gov/admin/assets/accesspol-adopt_tcm36-309301.docx
3. City of Chisholm's current data retention schedule http://www.mnhs.org/preserve/records/docs_pdfs/17_mncounties_lawenforcement.pdf
4. Audio recordings, transcripts, digital images, incident and CAD reports for Roderick Robert Kottom (DOB: 08/03/1948) incident involving Chisholm police and DNR on 12-13-04. https://mn.gov/admin/assets/2017%20Public%20Access%20Policy%20for%20Website-2017_tcm36-309298.docx


Terry Dean, Nemmers (320) 283-5713


Case No. 69DU-CR-17-900 State of Minnesota vs RODERICK ROBERT KOTTOM
03/19/2018 CANCELED Pre-trial (10:00 AM) (Judicial Officer Ackerson, David E.) Other 05/07/2018 Pre-trial (2:00 PM) (Judicial Officer Ackerson, David E.)
05/08/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/09/2018 Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.)
05/10/2018 Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) 05/10/2018, 05/11/2018


DNR conservation agents confiscated 638 illegal snare traps, as part of an investigation that led to charges against 2 men from northeastern Minnesota who allegedly ran a large illegal trapping operation that covered parts of 4 counties. (Photo: MN DNR) Agents seized a number of illegally trapped animals while serving search warrants on the suspects' homes in early January. (Photo: MN DNR). 2 charged in illegal trapping operation Dana Thiede, KARE 1:18 PM. CDT March 16, 2017 Agents seized a number of illegally trapped animals while serving search warrants on the suspects' homes in early January. (Photo: MN DNR) http://www.kare11.com/life/outdoors/2-charged-in-illegal-trapping-operation/423105908


Mr. Karpan: I do have one request. Um, I've not asked for this before, I'm not sure how to handle it, but the Department of Natural Resources as they've done in the past has seen fit to do a press release, and officer Osborne has answered questions for the newspaper. My client – all the facts of the case are in the Echo Press, on the radio and in sporting magazines. Not only are there quotes in there that aren't - - I mean I know the State has a right to release incident data I think it's called. Under Chapter 13.82, investigative data is not to be released. Well, there are pictures allegedly of my client's fish all over the Echo Press. Everybody in town is talking about it. I don't know if I'll have to make a change of venue motion eventually. I'll have to see how this plays out in a few months. But under 13.82, there's no way the DNR is supposed to be releasing pictures of evidence to the newspaper. It prejudices my client. It prejudices all of us. It makes it impossible to get a fair trail. So I'm asking the Court to order the Department of Natural Resources to not discuss this case any further until it's done.
The Court: Mr. Hochsprung?
Mr. Hochsprung: Your Honor, I did not authorize the Department of Natural Resources to disclose anything to the paper. Um, I can talk with Mr. Osborne or whoever about that, but I don't have any information about that. State of Minnesota vs. Ronald Wayne Johnson Rule 5/ Rule 8 Hearing. Court File No. 21-CR- 13-51. February 11, 2013


07-05-16 BCA Agency Deployment Report
ORI: MN0690500; County: St. Louis; Agency Type: Law Enforcement; Name: Chisholm Police Department; Module: Citation; Date Deployed: 11/17/2009; Last Adapter Used: DAMION Shield
ORI: MN0690500; County: St. Louis; Agency Type: Law Enforcement; Name: Chisholm Police Department; Module: DWI; Date Deployed: 10/4/2012; Last Adapter Used: eCharging
ORI: MN069029A; County: St. Louis; Agency Type: Prosecuting Authority; Name: Chisholm City Attorney; Module: Complaint; Date Deployed: 6/28/2016; Last Adapter Used: eCharging

from: Lion News lionnews00@gmail.com
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us
date: Wed, Apr 11, 2018 at 4:27 PM
subject: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
mailed-by: gmail.com


Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:

What is the status of my Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?


Terry Dean, Nemmers (320) 283-5713


Lion News: MN DNR Covers Up Endangerment Of Kottom’s Diabetic Wife During Home Search? https://www.youtube.com/watch?v=o4akkYfVEzU

from: Jennifer A. Sterbenz admin@ci.chisholm.mn.us
to: Lion News lionnews00@gmail.com,
"blindsay@trentilaw.com" blindsay@trentilaw.com,
Vern Manner vmanner@ci.chisholm.mn.us
date: Mon, Apr 16, 2018 at 9:38 AM
subject: RE: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
mailed-by: ci.chisholm.mn.us
security: Standard encryption (TLS) Learn more


Good morning Mr. Nemmers –

Here is the information that you requested.

Thanks,

Jenn

From: Lion News [mailto:lionnews00@gmail.com]
Sent: Wednesday, April 11, 2018 4:27 PM
To: Jennifer A. Sterbenz admin@ci.chisholm.mn.us; blindsay@trentilaw.com; Vern Manner vmanner@ci.chisholm.mn.us
Subject: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?


3 Attachments: Kottom DNR.pdf, 0510-32 RETENTION SCHEDULE.PDF, 0118-7 APPOINT RESPONSIBLE AUTHORITY.pdf
April 12, 2018

Reference: Data Request from Lion News

Administrator Sterbenz,

I have checked all of our records for the above data request involving Roderick Robert Kottom – DNR incident.

We have no records relating to this incident. From my recollection this was a DNR case and totally handled by the State of Minnesota.

Sincerely
Vernon J Manner
Chief of Police Kottom DNR.pd
from: Lion News lionnews00@gmail.com
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us,
Kyle Kottom kkottom29@gmail.com
date: Thu, Apr 19, 2018 at 4:23 PM
subject: Chapter 13 data request - Public portion of initial criminal complaint for Roderick Kottom complaint
mailed-by: gmail.com


Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:

Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):


1. Public portion of initial criminal complaint for Roderick Kottom's Complaint he submitted on 04-17-18.
2. Previously requested and magically and mysteriously denied audio recordings, transcripts, digital images, incident and CAD reports for Roderick Robert Kottom (DOB: 08/03/1948) incident involving Chisholm police and DNR on 12-13-04. https://mn.gov/admin/assets/2017%20Public%20Access%20Policy%20for%20Website-2017_tcm36-309298.docx


Terry Dean, Nemmers (320) 283-5713


P.S. Did Chisholm Chief of Police Vernon J. Manner magically and mysteriously change his story about the data from the DNR incident on 04-17-18? Hmm? Inquiring minds want to know, don't they?


April 12, 2018 Reference: Data Request from Lion News Administrator Sterbenz, I have checked all of our records for the above data request involving Roderick Rober Kottom – DNR incident. We have no records relating to this incident. From my recollection this was a DNR case and totally handled by the State of Minnesota. Sincerely Vernon J Manner, Chief of Police Kottom DNR.pdf


Case No. 69DU-CR-17-900 State of Minnesota vs Roderick Robert Kottom
05/08/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/09/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/11/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other


When can I get a copy of the investigative report? Investigation ongoing If the law enforcement agency is still investigating the crime, members of the public will not be able to get a copy of the report. They can, however, get what’s often referred to as the public portion of the report containing basic information about the case that is classified as public. How Do I Get A Copy Of My Police Report? Information For Crime Victims Who Want To Make A Request For Law Enforcement Data. https://dps.mn.gov/divisions/ojp/forms-documents/Documents/Getting%20copy%20of%20report.pdf


Lion News: MN DNR Covers Up Endangerment Of Kottom’s Diabetic Wife During Home Search? https://www.youtube.com/watch?v=o4akkYfVEzU





























More to come . . .

Related Links:

Corrupt DNR Conspires With Hacks At KARE 11 TV To Rig Case No. 69DU-CR-17-901 State Of Mn VS Douglas Anthony Marana & Case No. 69DU-CR-17-900 State Of MN VS Roderick Robert Kottom? DNR Illegally Releases Confidential Data Yet Again, Right? Do You Remember Former DNR Col Rodmen Illegally Releasing 03-CR-15-1798, 03-CR-15-1800, 03-CR-15-1801, 03-CR-15-1802, 03-CR-15-1803 & 03-CR-15-1804 Confidential Data To WCCO-TV Hack Bill Hudson?

Tuesday, April 17, 2018

Will Chapter 13 Data Request Toss Monkey Wrench Into Super-Duper Secret Plea Deal For Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291 & 53-CR-18-326 - Cynthia Margarita Benegas/Cordova 53-CR-18-325? Bingo! Magically & Mysteriously All Cases All Continued To 05/21/2018?


from: Lion News lionnews00@gmail.com
to: msoldo@soldoconsulting.com,
ngrimmius@co.nobles.mn.us,
Ryan McGaughey RmcGaughey@dglobe.com,
tsmith@co.murray.mn.us,
srobinson@ci.worthington.mn.us,
tappel@co.nobles.mn.us
date: Tue, Apr 17, 2018 at 11:00 AM
subject: Chapter 13 Data Requests - Signed Contract, Invoices & Payments For Investigation Into Anthony Promvongsa July 28, 2016 Incident
mailed-by: gmail.com


Michelle M. Soldo, Soldo Consulting PC Inc, (651) 238-3748:

Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):


1. Signed contract, any and all invoices and payments for investigation into July 28, 2016 Anthony Promvongsa incident.
2. What is the name and contact information for the Private Investigator and/or law enforcement agency that you have retained for the investigation into July 28, 2016 Anthony Promvongsa incident.


Terry Dean, Nemmers (320) 283-5713


P.S. Do you have a reasonable suspicion that there are all sorts of conflicts of interests with Buffalo Ridge Drug Task Force Attorney Travis Smith being the special prosecutor for Rock Nobles Community Corrections Pre-Trial/Unsupervised Probation Agent Cynthia Margarita Benegas'/Cordova's case 53-CR-18-325 & Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza's cases 53-CR-18-291 and 53-CR-18-326? Hmm? Inquiring minds want to know, don't they?
P.S.S. Why do you suppose that Worthington City Administrator Steve Robinson (507) 372-8622 http://www.ci.worthington.mn.us/city-administrator would give me your contact information? Shouldn't either BRDTF Commander Nate Grimmius 507-295-5279 or BRDTF attorney Travis J. Smith be giving me that data? Hmm? Inquiring minds really want to know, don't they?
P.S.S.S. Do you investigate cases of public official willfully refusing to comply with the MNGDPA https://www.revisor.mn.gov/statutes/?id=13.09 ? Did you know that neither the City of Worthing nor the County of Nobles, who are parties to Promvongsa v. Joswiak et al Case #: 0:17-cv-05116, want to email me the readily available, free, electronic, public pleadings data for that case? First Kusz made the wild and outrageous claim that they weren't in her possession, didn't she? And then Kusz made the wild and outrageous claim that she isn't representing the City of Worthington, didn't she? And Worthington City Administrator Steve Robinson just willfully refused to respond, didn't he? So do you investigate those types of blatant violations or not? Hmm? Inquiring minds really, really want to know, don't they?


My response to your request regarding the civil case in federal district court entitled Promvongsa v. Joswiak for Case #: 0:17-cv-05116, was accurate. The Nobles County Attorney’s Office does not represent the City of Worthington in that civil law suit. Kathleen A. Kusz Nobles County Attorney Date; Fri, Apr 13, 2018 at 1:01 PM; Subject: 2017 NCAO Office Policy.pdf; From: Kathleen Kusz kkusz@co.nobles.mn.us; To: "lionnews00@gmail.com" lionnews00@gmail.com


5. Members The parties of this Agreement shall consist of units of government, which contribute resources and assistance to the Task Force. At present, the participating agencies consists of: The Minnesota counties of Nobles, Murray, and Pipestone; The Minnesota cities of: Worthington, Fulda, Slayton, and Adrian. The County Attorney for the Minnesota County of Murray. Amended Joint Powers Agreement of the Buffalo Ridge Drug Task Force 01-09-15 2015 Amended BRDTF JPA with Full Signatures (2).pdf


https://mn.gov/admin/data-practices/data/types/contracting/
Can requests for public data be made to the private contractor? Yes, if the public data are not available from the government entity or if it is specified in the contract that the private contractor will reply to data requests (Minnesota Statutes, section 13.05, subdivision 11(b)). The private party must fulfill data requests consistent with the time limits and copy cost requirements of the Data Practices Act (Advisory Opinion 10-024). The government entity continues to be responsible in making decisions about data classification. Unless the contract specifies otherwise, the government entity retains ultimate responsibility for responding even if the data are maintained by the private contractor (Advisory Opinions 09-022 and 09-003).


http://lprb.mncourts.gov/LawyerSearch/pages/LawyerSearchResults.aspx?k=0251409
Minnesota Lawyer Record of Public Discipline and/or Disability Information: Lawyer License No: 0251409 Full Licensed Name: MICHELLE MARIA SOLDO City, State: WOODBURY, MN Date Admitted to Minnesota Bar: 10/28/1994 Authorized to Practice?: YES


https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=1c57c4d9-3728-e611-816a-00155d01c56d
Soldo Consulting PC Inc. Registered Office Address 8163 Galway Circle Woodbury, MN 55125 USA. Chief Executive Officer Michelle M.Soldo 8163 Galway Circle Woodbury, MN 55125 USA. Principal Executive Office Address 8163 Galway Circle Woodbury, MN 55125 USA


http://soldoconsulting.com/about_us
ABOUT US Business Objective Soldo Consulting, P.C. is a legal consulting firm that provides labor and employment law representation, consulting and professional training and development services to public and private sector employers. ... Core Values Integrity. We are honest in all interactions. We earn our reputation by adhering to the highest ethical standards and conduct.


http://soldoconsulting.com/contact_us
ph: (651) 238-3748 fax: (651) 389-9276 msoldo@soldoconsulting.com


76. Upon information and belief, the WPD, BRDTF, and their employees have been sued before for excessive force violations, and the WPD and BRDTF failed to investigate or take corrective action to prevent these excessive force violations from happening again. 77. … The WPD and BRDTF do not enforce their excessive force policies, they do not properly document incidents of force, they do not investigate allegations of excessive force, and they engage in a policy, pattern of practice, or custom of failing to reprimand or discipline any officer for excessive force. Defendants’ failure to address excessive force by WPD and BRDTF officers amounted to tacit approval of the use of excessive force. Anthony Promvongsa, Plaintiff, v. Joe Joswiak; Tim Gaul; Dan Brouillet; Troy Appel; Nathan Grimmius; Worthington Police Department; City of Worthington Buffalo Ridge Drug Task Force; all individuals being sued in their individual and official capacity. Defendants. CASE 0:17-cv-05116 Document 1 Filed 11/15/17 Pages 10-11 of 19 https://www.aclu-mn.org/sites/default/files/promvongsa_-_complaint.pdf


As Riley pulled into the lot in his marked squad, Barraza got out of the driver’s seat and walked to the rear of her car. Grimmius saw that when Barraza noticed Riley’s arrival, she quickly locked her vehicle with her remote lock. Riley approached the vehicle, shined his flashlight into the back seat and recognized Thavixay. Riley instructed Barraza to unlock the doors. Barraza complied, and Riley arrested Thavixay on the warrant. ... Grimmius then contacted Minnesota State Trooper Kenny Willers, a drug recognition evaluator, and asked him to evaluate Barraza for signs of drug impairment. Willers evaluated Barraza and noticed that her tongue was green, her pupils were dilated in both normal light and near total darkness, she exhibited eyelid tremors, body sway, elevated pulse, and bloodshot eyes. Additionally, Barraza’s ability to estimate time was impaired and she was unable to follow simple directions. ... At approximately 6:06 AM, Grimmius recorded an interview of Barraza. Grimmius advised Barraza of her Miranda rights. She said that she understood her rights and agreed to speak with Grimmius. Barraza told Grimmius that she and Thavixay had been friends for a long time. She said that she did not know that there was a warrant for Thavixay’s arrest. She denied knowing about the cocaine that had been found in her car. Barraza said that her relationship with Thavixay had become more involved recently because he had been sticking up for her. She also told Grimmius that she knew she had “f****d up,” and that she should not have stayed at the house knowing that Thavixay was there. Barraza was then turned over to jail staff. ... Grimmius informed Benegas that she was not under arrest and that the door to the interview room was open. In a recorded interview, Benegas said that she and Barraza had been spending a great deal of time together, but she felt that they had been partying and drinking too much. Benegas said that the parties typically started at a bar, and that they would eventually move to J.Z.’s house. COMPLAINT Summons Prosecutor File No. 051-0000220 Court File No. 53-CR-18-291. State of Minnesota,Plaintiff, vs. REBECCA BARRAZA DOB: 04/21/1992 2218 Castlewood Drive Worthington, MN 56187 Defendant. Complainant Nathan Grimmius Sergeant 1530 Airport Road Suite 300 Worthington, MN 56187 Badge: 104 Electronically Signed: 03/28/2018 06:21 PM Nobles County, MN. Prosecuting Attorney Travis J. Smith Special Assistant County Attorney 1530 Airport Road Suite 400, PO Box 337 Worthington, MN 56187 (507) 295-5298 6 Electronically Signed: 03/28/2018 06:05 PM.


Bingo! Magically & Mysteriously All Cases All Continued To 05/21/2018?
Case No. 53-CR-18-325 State of Minnesota vs Cynthia Margarita Benegas
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,) 04/18/2018 Reset by Court to 05/21/2018
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,)
04/18/2018 Reset by Court to 05/21/2018

Case No. 53-CR-18-325 State of Minnesota vs Cynthia Margarita Benegas
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,) 04/18/2018 Reset by Court to 05/21/2018
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,)
04/18/2018 Reset by Court to 05/21/2018

Case No. 53-CR-18-326 State of Minnesota vs Rebecca Barraza
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,) 04/18/2018 Reset by Court to 05/21/2018
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,)
04/18/2018 Reset by Court to 05/21/2018

Case No. 53-CR-18-326 State of Minnesota vs Rebecca Barraza
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,) 04/18/2018 Reset by Court to 05/21/2018
05/21/2018 First Appearance (3:00 PM) (Judicial Officer Trushenski,Michael D ,)
04/18/2018 Reset by Court to 05/21/2018

More to come . . .
Related links:

Super-Duper Secret Plea Deal For Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291 & 53-CR-18-326 - Cynthia Margarita Benegas/Cordova 53-CR-18-325?

March 25, 2018 Chapter 13 Data Request Gets Rock, Nobles Community Corrections Agents Cynthia Margarita Banegas And Agent Rebecca Barraza Fired? Super-Duper Special Treatment For Barraza In Case No. 53-CR-18-291? Friday News Dump Charges & Special Prosecutor Who Is Former Assistant Nobles County Attorney? Looks Like Another Team Effort For Criminal Personnel Of The Correct MN Dept Of Corrections, Doesn't it? IP Address 136.234.63.1 State Of Mn Ciity Worthington Lurking & Skulking On 03/26 & 03/27? IP Address 136.234.63.20 State Of Mn Ciity Luverne Lurking & Skulking On 03/26?

Chapter 13 Data Request - Rock, Nobles Community Corrections Agent Cynthia Margarita Banegas And Agent Rebecca Barraza - More DOC Special Treatment? Variation Off The Theme For Rigged Cases For Convicted Sex Offender Chippewa, Lac qui Parle, Yellow Medicine Sentence to Service Crew Leader Michael Martin (87-CR-17-264 & 12-CR-17-367)

After Hints That Nemmers Will File Criminal Complaint Yellow Medicine Co. Attorney Keith R. Helgeson Sends "Go To Hell" Snail Mail? Snail Mail Contains Paper Copy Of Petition To Enter Guilty Plea For Rigged Case No. 87-CR-17-264 & Rigged Case No.12-CR-17-367 For Minnesota Department Of Corrections Sentencing To Service Crew Leader Michael John Martin? Nemmers Requested 13.03 Subd 3(e) Electronic Data, Didn't He?

Have Conflicts Of Interests Been Recorded On The Court Record In Open Court For Rigged Case No. 87-CR-17-264 & Rigged Case No.12-CR-17-367 For Minnesota Department Of Corrections Sentencing To Service Crew Leader Michael John Martin?

Will Nemmers' 09-25-17 Email Toss Another Monkey Wrench Into Rigged Chippewa Co., Lac Qui Parle Co., Yellow Medicine Co. Dept Of Correction Sentence To Serve Crew Leader Michael John Martin's Rigged Case No. 87-CR-17-264 & Case No. 12-CR-17-367? Inquiring Minds Want To Know, Don't They? Gilbertson's Go To Hell Response?

Candidates For Eighth Judicial District Corrupt Judge Donald Spilseth Job Are The Common Criminals: Helgeson, Jordan & Wentzell? 08-25-17 Automated Reply?

Go To Hell Response From Corrupt David M. Gilbertson Chippewa County Attorney? Gilbertson Is Mad That Nemmers Tossed A Monkey Wrench Into Rigged Chippewa Co & Yellow Medicine Co Prosecutions For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co. Lac Qui Parle Co & Chippewa Co, Right?) Michael John Martin - Rigged Case No. 87-CR-17-264 & 12-CR-17-367, Right? Gilbertson Confesses To No Special Assistant Prosecutor? No Special Prosecutor Is An Admission Of Willful & Blatant Conflict Of Interest, Right?

Corrupt Dept Of Corrections Coughs Up Chapter 13 Data For DOC Chippewa, Lac Qui Parle, & Yellow Medicine Co. STS Crew Leader Michael Martin? Contracts Don't Say Martin Is To Allowed To Rape Or Allowed Special Treatment In Rigged Case No. 87-CR-17-264 & 12-CR-17-367, Do They? Must Be The "Goes Without Saying" Part, Huh?

Update On Rigged Rigged Yellow Medicine Co Prosecution For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co., Right?) Michael John Martin - Case No. 87-CR-17-264? Hey Did You Know That Martin Is Getting Special Treatment In Chippewa County, Also? It's Rigged Case No. 12-CR-17-367 State Of Minnesota VS MICHAEL JOHN MARTIN, Isn't it? Will Martin Get A Super-Duper Plea Deal Before All His Victims Are Found? Are There Any In Lac qui Parle County? Why Did Lac Qui Parle Former Deputy/Commissioner Maatz & Chippewa County Attorney David Gilbertson Both Hang Up On Nemmers, Huh? Go To Hell Snail Mail Responses From Corrupt Yellow Medicine Co. & Corrupt City Of Granite Falls?

Rigged Yellow Medicine Co Prosecution For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co., Right?) Michael John Martin - Case No. 87-CR-17-264? Hey Let's Ask For That Illegally Withheld Andrew Dikken & Kelly Jean Anderson Data, Okay?

Corrupt MN DNR & Corrupt Lac Qui Parle Co. Attorney Richard G. Stulz Caught Rigging Case No. 37-CR-15-22 State Of Minnesota VS Joshua Dwight Liebl's? Corrupt DNR & Corrupt Stulz Illegally Releasing Confidential Criminal Investigative Data To Corrupt Media? No Surprise, Right? Sounds Like Rigged Cases: 03-CR-15-1798 State Of Minnesota VS Anthony Emmons; 03-CR-15-1800 State Of Minnesota VS Clifford Emmons; 03-CR-15-1802 State Of Minnesota VS Ryan Emmons & 21-CR-13-51 State Of Minnesota VS Ronald Wayne Johnson, Doesn't it? It Does, Doesn't it? Corrupt Stulz Sends Nemmers Harassing Email But No Readily Available, Free, Electronic, Searchable PDF Format, Public Data? Stulz Is Retaliating Against Nemmers, Isn't He? He Is, Isn't He? You'll Want To See Nemmers Slowly But Surely Discredit The Corrupt DNR And Corrupt Lac Qui Parle County, Won't You? You Will, Won't You? Why Is Supposed Interim Sheriff Kevin Monson, Badge 338 Harassing Nemmers?


Friday, April 13, 2018

Super-Duper Secret Plea Deal For Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291 & 53-CR-18-326 - Cynthia Margarita Benegas/Cordova 53-CR-18-325?

from: Lion News lionnews00@gmail.com
to: ngrimmius@co.nobles.mn.us,
tsmith@co.murray.mn.us,
Ryan McGaughey RmcGaughey@dglobe.com
date: Wed, Apr 11, 2018 at 8:43 AM
subject: Chapter 13 data request - Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291
mailed-by: gmail.com


Nate Grimmius, Buffalo Ridge Drug Task Force Commander 507-295-5279 & Travis Smith, Murray County Attorney 507-836-6541:

Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):


1. Any and all Subd. 7. Criminal investigative data for Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza. Including incident and CAD reports, warrants, audio and video statements, transcripts of audio/video statements, dash camera video, digital images, test results, dispatch traffic and dispatch logs, etc. https://www.revisor.mn.gov/statutes/?id=13.82 https://www.revisor.mn.gov/statutes/?id=13.03 (FYI: I'm submitting this prior to what I suspect is a super-duper plea deal on 04-18-18, aren't I?)
2. Names and contact information for outside agency investigating July 28, 2016 Anthony Promvongsa incident involving excessive force and destruction of evidence.


Terry Dean, Nemmers (320) 283-5713


P.S. You're planning on giving your buddy Barraza a super-duper plead deal, aren't you? One like Promvongsa got, right? That nasty felony charge and that nasty gross misdemeanor charge are going to be magically & mysteriously dropped, aren't they? That's why the contested omnibus hearing was magically and mysteriously dropped, right? By the way, what competent attorney requests a contested omnibus hearing before receiving all the evidence, huh? Would you like to see the court transcript that discusses the competence of an attorney who requested a contested omnibus hearing before receiving all the evidence?
P.S.S. Nate, why aren't you returning my phone calls, hmm? Lawyer got your tongue? Inquiring minds want to know, don't they?


As Riley pulled into the lot in his marked squad, Barraza got out of the driver’s seat and walked to the rear of her car. Grimmius saw that when Barraza noticed Riley’s arrival, she quickly locked her vehicle with her remote lock. Riley approached the vehicle, shined his flashlight into the back seat and recognized Thavixay. Riley instructed Barraza to unlock the doors. Barraza complied, and Riley arrested Thavixay on the warrant. ... Grimmius then contacted Minnesota State Trooper Kenny Willers, a drug recognition evaluator, and asked him to evaluate Barraza for signs of drug impairment. Willers evaluated Barraza and noticed that her tongue was green, her pupils were dilated in both normal light and near total darkness, she exhibited eyelid tremors, body sway, elevated pulse, and bloodshot eyes. Additionally, Barraza’s ability to estimate time was impaired and she was unable to follow simple directions. ... At approximately 6:06 AM, Grimmius recorded an interview of Barraza. Grimmius advised Barraza of her Miranda rights. She said that she understood her rights and agreed to speak with Grimmius. Barraza told Grimmius that she and Thavixay had been friends for a long time. She said that she did not know that there was a warrant for Thavixay’s arrest. She denied knowing about the cocaine that had been found in her car. Barraza said that her relationship with Thavixay had become more involved recently because he had been sticking up for her. She also told Grimmius that she knew she had “f****d up,” and that she should not have stayed at the house knowing that Thavixay was there. Barraza was then turned over to jail staff. ... Grimmius informed Benegas that she was not under arrest and that the door to the interview room was open. In a recorded interview, Benegas said that she and Barraza had been spending a great deal of time together, but she felt that they had been partying and drinking too much. Benegas said that the parties typically started at a bar, and that they would eventually move to J.Z.’s house. COMPLAINT Summons Prosecutor File No. 051-0000220 Court File No. 53-CR-18-291. State of Minnesota,Plaintiff, vs. REBECCA BARRAZA DOB: 04/21/1992 2218 Castlewood Drive Worthington, MN 56187 Defendant. Complainant Nathan Grimmius Sergeant 1530 Airport Road Suite 300 Worthington, MN 56187 Badge: 104 Electronically Signed: 03/28/2018 06:21 PM Nobles County, MN. Prosecuting Attorney Travis J. Smith Special Assistant County Attorney 1530 Airport Road Suite 400, PO Box 337 Worthington, MN 56187 (507) 295-5298 6 Electronically Signed: 03/28/2018 06:05 PM.


Case No. 53-CR-16-683 State of Minnesota vs ANTHONY PROMVONGSA
Charges: PROMVONGSA, ANTHONY Statute Level Date Disposition Level of Sentence
1. Assault-5th Degree-Fear of Bodily Harm or Death 609.224.1(1) Misdemeanor 07/28/2016 08/10/2017 Convicted 08/10/2017 Convicted of a Misdemeanor
2. Assault-5th Degree-Fear of Bodily Harm or Death 609.224.1(1) Misdemeanor 07/28/2016 08/10/2017 Convicted 08/10/2017 Convicted of a Misdemeanor
3. Fleeing a Peace Officer in a Motor Vehicle (Not applicable - GOC) 609.487.3 Felony 07/28/2016 08/10/2017 Dismissed
4. Possess Small Amount of Marijuana - No Remuneration (Not applicable - GOC) 152.027.4(a) Petty Misdemeanor 07/28/2016 08/10/2017 Dismissed
5. Traffic-Drivers License-Driving After Revocation (Not applicable - GOC) 171.24.2 Misdemeanor 07/28/2016 08/10/2017 Convicted 08/10/2017 Convicted of a Misdemeanor


Case No. 53-CR-18-291 State of Minnesota vs REBECCA BARRAZA
Charges: BARRAZA, REBECCA Statute Level Date Disposition Level of Sentence
1. Aiding an Offender to Avoid Arrest-Harbor/Conceal (Accessory After the Fact - GOC) 609.495.1(a) Felony 03/18/2018
2. Misconduct of Public Employee (Not applicable - GOC) 609.43(1) Gross Misdemeanor 03/18/2018
3. Obstruct Legal Process-Lawful Execution Legal Process (Not applicable - GOC) 609.50.1(1) Misdemeanor 03/18/2018
4. 4th Degree DWI - Under the Influence of a Controlled Substance (Not applicable - GOC) 169A.20.1(2) Misdemeanor 03/18/2018
04/12/2018 CANCELED First Appearance (11:30 AM) (Judicial Officer Bush, Leland) Other 04/06/2018 Reset by Court to 04/12/2018
04/18/2018 First Appearance (1:30 PM) (Judicial Officer Trushenski,Michael D ,)
04/18/2018 First Appearance (1:30 PM) (Judicial Officer Trushenski,Michael D ,)
05/04/2018 CANCELED Contested Omnibus (11:00 AM) (Judicial Officer Bush, Leland) Other


Case No. 53-FA-15-686 REBECCA BARRAZA vs RAUL AVILA 04/13/2018 Hearing (11:00 AM) (Judicial Officer Nelson, Jan Craig)
Joint Release from the Buffalo Ridge Drug Task Force, Worthington Police Department, and the Nobles County Attorney’s Office Contact: Chief Troy Appel Worthington Police Department 507-295-5400 tappel@co.nobles.mn.us The July 28, 2016 video released by ACLU is one piece of evidence in a pending criminal case. Release and discussion of evidence in pending criminal cases is limited by the data practices law and criminal court procedural rules. The video, viewed in a vacuum, shows only a short segment of the incident that is the basis of the criminal charges. ... BRDTF Commander Nate Grimmius Worthington Chief of Police Troy Appel Nobles County Attorney Kathleen A. Kusz https://mcpa.memberclicks.net/assets/joint%20release%20from%20the%20buffalo%20ridge%20drug%20task%20force.pdf
 

https://coms.doc.state.mn.us/ComSrvDirNew/CSD_Detail.aspx?CSD=4746
Name Rebecca Barraza Address PO Box 547 City Worthington State MN Zip 56187 County Rock, Nobles
Office Phone 507-295-5307 Mobile Phone Fax Pager Email rbarraza@co.nobles.mn.us Position Title
Agent Office Supervisor Department CCA District -
https://coms.doc.state.mn.us/ComSrvDirNew/CSD_Detail.aspx?CSD=4132
Name Cynthia Cordova Address Rock Nobles Community Corrections Prairie Justice Center, 1530 Airport
Road, PO Box 547 City Worthington State MN Zip 56187 County Rock, Nobles Office Phone 507-295-5309
Mobile Phone - Fax 507-372-8393 Pager Email ccordova@co.nobles.mn.us Position Title Agent Office
Supervisor Ramlo, John Department CCA District Region -1
Field Services Pre-Trial Supervision: At Rock Nobles Community Corrections we provide pre-trial supervision services, in order to monitor offenders release conditions, such as abstaining from possession or use of chemical substances and providing breath or urinalysis samples to verify compliance.
Pre-Trial Agents: Cynthia Cordova, Jolene Ennenga, and Christopher Zix Supervised Probation: Supervised probation requires regular contact from the adult to his/her probation agent.
Supervised probation also has stricter guidelines, contact plan, and case plan that the individual must follow in order to be successful in the program.
Supervised Probation Agents: Rebecca Barraza, Jeff Stuckenbroker, and Christopher Zix ...
Unsupervised Probation: Unsupervised probation is used for first time or low risk adult offenders. The guidelines that the individual must follow are not as intensive as supervised probation (i.e. he/she does not need to make regular contact with the agency, submit to random testing), but does have to follow general rules and regulations which are required of probation.
Unsupervised Probation Agents: Cynthia Cordova, Jolene Ennenga, and Christopher Zix
http://www.co.nobles.mn.us/departments/corrections/adult-services/field-services/

from: Lion News lionnews00@gmail.com
to: brad.odegard@state.mn.us,
jason.purrington@co.cottonwood.mn.us,
cari.gerlicher@state.mn.us,
jramlo@co.nobles.mn.us,
Ryan McGaughey RmcGaughey@dglobe.com,
asobotka@dglobe.com,
kkusz@co.nobles.mn.us,
cityadmin@slayton.govoffice.com,
tsmith@co.murray.mn.us,
stelkamp@co.murray.mn.us,
kwilkening@co.nobles.mn.us,
aheard@co.murray.mn.us,
ngrimmius@co.nobles.mn.us
date: Fri, Apr 13, 2018 at 11:53 AM
subject: Chapter 13 data request - Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291 & 53-CR-18-326 - Cynthia Margarita Benegas/Cordova 53-CR-18-325
mailed-by: gmail.com


Brad Odegard, DOC District Supervisor 507-476-4339:

What is the status of my 03-25-18 Chapter 13 data request? Why do I keep getting those harassing emails from your boss https://coms.doc.state.mn.us/ComSrvDirNew/CSD_Detail.aspx?CSD=799 Al Godfrey? You and Godfrey are pulling the same retarded scam that you concocted with Midge Christianson, 6W Community Corrections https://coms.doc.state.mn.us/comsrvdirnew/CSD_Detail.aspx?CSD=821 , aren't you? You are, aren't you? Boy, how did I solve that problem the last time? Oh, wait! I remember, don't I? I reported you, Godfrey and Midge Christianson to Cari Gerlicher, Chief Minnesota Department of Corrections Office of Special Investigations 651-361-7217/Cell Phone: 651-775-3174, didn't I? I did, didn't I? Godfrey coughed up that illegally withheld redacted Sentencing to Service Client Intake Forms data for Lacey Cameron Washington real quick after that, didn't he? Hey, how did you like the email that I sent to the prosecutors for the rigged prosecution for your Chippewa, Lac qui Parle, Yellow Medicine Sentencing To Service Crew Leader Michael Martin http://coms.doc.state.mn.us/comsrvdirnew/CSD_Detail.aspx?CSD=2268 ? Hmm? Inquiring minds want to know, don't they?
Terry Dean, Nemmers (320) 283-5713


Cari Gerlicher, Chief Minnesota Department of Corrections Office of Special Investigations 651-361-7217/Cell Phone: 651-775-3174:


What is the status of my 03-25-18 Chapter 13 data request? You remember when I reported Brad Odegard, Al Godfrey, Midge Christianson for willfully refusing to comply with the Minnesota Data Practices Act? I explained all this in my 12-14-17 audio recorded phone conversation with your Deputy Director Jeff Dansky 651-361-7111, didn't I? (Why didn't you take me up on my offer for you to listen to the recorded conversation, huh?) I have reason to suspect that Brad Odegard, Al Godfrey are conspiring with Jon Ramlo, Rock Nobles Community Corrections Director (507) 295-5310 https://coms.doc.state.mn.us/ComSrvDirNew/CSD_Detail.aspx?CSD=738 to illegally withhold data for Rock, Nobles Community Corrections Agent Cynthia Margarita Banegas/Cordova And Agent Rebecca Barraza from me, haven't I? Oh, I just wanted to let you know that Godfrey vomited up the data for Beth Borstad's https://coms.doc.state.mn.us/ComSrvDirNew/CSD_Detail.aspx?CSD=3419 client Lacey Cameron Washington on Thursday, Dec 21, 2017 at 1:51 PM, didn't I? By the way, is your rigged administrative investigation into your convicted Chippewa, Lac qui Parle, Yellow Medicine Sentencing To Service Crew Leader Michael Martin going to be done before or after he gets his sweet-heart 05/03/2018 sentencing for rigged cases 12-CR-17-367 and 87-CR-17-264? Hmm? Inquiring minds want to know, don't they?


Terry Dean, Nemmers (320) 283-5713


Jason Purrington, Cottonwood County Sheriff Phone: 507-831-1375:


I got a great big kick out your March 30, 2018 "Go to hell!" snail mail letter that was postmarked 04-04-18, didn't I? I did, didn't I? I need a clarification, don't I? Exactly where in my 03-25-18 Chapter 13 data request did I request summary data? [Requests for Summary Data Summary data are statistical records or reports created by removing identifying information about individuals from entirely private or confidential data. Commissioner of the Dept of Administration's Model Data Practices Policy For the Public Minnesota Statutes, sections 13.025 and 13.03 require this policy. https://mn.gov/admin/assets/2017%20Public%20Access%20Policy%20for%20Website-2017_tcm36-309298.docx ] Hmm? Inquiring minds want to know, don't they? I also got a great big kick out of your loony clarifications, didn't I? You just want to me harass me and waste my valuable time and scant resources by making me answering questions you already the answer to, don't you? [Common Objections: Argumentative/Badgering the witness; Asked and Answered https://c.ymcdn.com/sites/www.ksbar.org/resource/resmgr/mocktrial/objections_and_processes.pdf ]


But, I'll humor your malicious delaying questions anyway, won't I? I want the data that proves youwere running the same catch and release program for Rock, Nobles Community Corrections Agent Cynthia Margarita Banegas/Cordova And Agent Rebecca Barraza that Blue Earth County Sheriff Brad Peterson was running for Hennepin County Sheriff Rich Stanek's sonnyboy RYAN JAMES STANEK, don't I? [Court File No. 07-CR-17-2058, DOB: 12/21/1992 14890 91st Ave. N Maple Grove, MN 55369 Defendant. https://mss.blueearthcountymn.gov/criminal%20complaints/uploads/c14405c2-f93b-4cbd-9982-3a60769dafae.pdf] [FYI: He was charged by summons and was ordered to appear in court June 22. Hennepin County sheriff's son charged with soliciting child for sex and possessing child porn Ryan Stanek, 24, has been charged in Blue Earth County. By Pat Pheifer Star Tribune MAY 31, 2017 — 8:32PM]

Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):


1. Actual gross salary, work-related continuing education (years: 2010-2018) for Cottonwood County Sheriff Jason Purrington, Cottonwood County Jail Administrator Kristi Sell and Cottonwood County Attorney Nicolas A. Anderson. https://www.revisor.mn.gov/statutes/?id=13.43
2. Data on billable time for Cottonwood County Jail Administrator Kristi Sell to transfer readily available, free, electronic data from Cottonwood County Jail's Zuercher (https://www.zuerchertech.com/downloads/Jail_5-1.pdf https://www.zuerchertech.com/downloads/Jail_Extend.pdf ) software to "Go to Hell!" summary document.
3. Data on billable time for for creation and mailing of Cottonwood County Attorney Nicolas A. Anderson's March 30, 2018 "Go to hell!" snail mail letter that was postmarked 04-04-18.


Terry Dean, Nemmers (320) 283-5713


P.S. When are you going to me mail me that data that I acutally requested, huh? Inquiring minds want to know, don't they?


Jon Ramlo, Rock, Nobles Community Corrections Director (507) 295-5310:


What is the status of my 03-25-18 Chapter 13 data request? Hey it sure looks like your Rock, Nobles Community Corrections Agent Cynthia Margarita Banegas/Cordova And Agent Rebecca Barraza are going to get super-duper plea deals, doesn't it? It does, doesn't it? It helps to have your Buffalo Ridge Drug Task Force attorney Travis Smith as your special prosecutor for 53-CR-18-325, 53-CR-18-291, and 53-CR-18-291 http://www.mncourts.gov/Documents/Calendars/5/nobles/dailyCalendar.pdf , doesn't it? Say would you like to listen to my audio recorded conversation with Midge Christianson, 6W Community Corrections https://coms.doc.state.mn.us/comsrvdirnew/CSD_Detail.aspx?CSD=821 ? Hmm? Inquiring minds want to know, don't they?


Terry Dean, Nemmers (320) 283-5713


P.S. When am I going to get mey data, huh? Five (5) minutes from never?
 

Kathleen Kusz, County Attorney 507-295-5298 & Kent Wilkening, Sheriff 507-295-5400:

What is the status of my 03-25-18 Chapter 13 data request? Where oh where is the Nobles County Attorney's office Policy and procedure manual? If you want, then I can send you one of the many copies that I have in my possession, can't I? [Law Enforcement Officers. The presumption is that we will handle all cases involving law enforcement officers who allegedly commit crimes in Hennepin County over which the Office has jurisdiction except where the law enforcement officer(s) has a substantial connection with this Office. Substantial connection may include such factors as: 1. Regularly presents cases for review and charging to this Office. 2. Regularly appears as a prosecution witness in Office omnibus hearings or trials. Guidelines for Cases Involving a Conflict of Interest Revised Date: 04/2014 Hennepin County Attorney's Office Policy & Procedure manual.]


By the way, why did you make the wild and outrageous claim that the Promvongsa v. Joswiak et al data for Case #: 0:17-cv-05116 was not in your possession? Have you lost control of them? Would you like to see the electronic data that Dodge County had in their possession for K.W. v. Gunderson CASE 0:10-cv-03593-PAM-JSM? Oh, was Sheriff Wilkening trying to provoke an incident with me by calling me "Mr. Nimmers" in his email? Hmm? [No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. Professional Conduct Of Peace Officers Model Policy MN Statute 626.8457 https://dps.mn.gov/entity/post/model-policies-learning-objectives/Documents/Professional-Conduct-of-Peace-Officers-Model-Policy.doc ]


Terry Dean, Nemmers (320) 283-5713


Travis Smith, County Attorney 507-836-6541 & Steve Telkamp, Sheriff 507-836-6168:


What is the status of my 03-25-18 Chapter 13 data request? Where oh where is the Murray County Attorney's office Policy and procedure manual? And why did you send me the blizzard of data that I didn't request? And why would you email me data ( https://murraycountymn.com/wp-content/uploads/2016/01/Data-practices-for-data-subjects.pdf https://murraycountymn.com/wp-content/uploads/Data-Practices-Act.pdf ) that can be easily download from your website? Since Special Nobles county prosecutor/Murray County Attorney Travis Smith is the Buffalo Ridge Drug Task Force attorney then he should know Names and contact information for outside agency investigating July 28, 2016 Anthony Promvongsa incident involving excessive force and destruction of evidence, shouldn't he?


Terry Dean, Nemmers (320) 283-5713


P.S. Why did the audios come in wav. format and not the original DSS format?


Josh Malchow, Slayton City Clerk/Administrator (507) 836-8534:


What is the status of my 03-25-18 Chapter 13 data request? [FYI: Government entities should respond in one of three ways 1. Provide access to the data (and copies when requested) 2. Inform you the data are classified as not public (must give statute section) 3. Inform you the data do not exist • Not responding is not a proper response. Minnesota Department of Administration - Information Policy Analysis Division - Can I ask for that? Government Data Practices Minnesota Statutes, Chapter 13 page 12.]


Terry Dean, Nemmers (320) 283-5713


Nate Grimmius, Buffalo Ridge Drug Task Force Commander 507-295-5279 & Travis Smith, BRDTF Attorney 507-836-6541:


1. Amended data request - Any and all Subd. 7. Criminal investigative data for Rock Nobles Community Corrections Supervised Probation Agent Rebecca Barraza Court File No. 53-CR-18-291 & 53-CR-18-326 - Cynthia Margarita Benegas/Cordova 53-CR-18-325. Including incident and CAD reports, warrants, audio and video statements, transcripts of audio/video statements, dash camera video, digital images, test results, dispatch traffic and dispatch logs, etc. https://www.revisor.mn.gov/statutes/?id=13.82 https://www.revisor.mn.gov/statutes/?id=13.03 (FYI: I'm submitting this prior to what I suspect is a super-duper plea deal on 04-18-18, aren't I?)
2. 04/10/2018 E-filed Comp-Summons Index # 1 for Case No. 53-CR-18-325 State of Minnesota vs Cynthia Margarita Benegas & Case No. 53-CR-18-326 State of Minnesota vs REBECCA BARRAZA


Terry Dean, Nemmers (320) 283-5713


P.S. My phone calls and data request put a virtual fire underneath your Worthington City Administrator Steve Robinson?


Steve Robinson, City Administrator (507) 372-8622 & Troy Appel, Police Chief (507) 295-5400:


I had a good laugh reading your "Go to hell! scanned pdf document that you emailed to me yesterday, didn't I? I did, didn't I? So where oh where is the public portion of my criminal complaint against your corrupt ISD 518 Superintendent John Landgaard, huh? Would you like to listen to the audio recorded messages that I left with the Moorhead Schoold board members about your criminal Landgaard? [A pool of five finalists was narrowed to three semifinalists over the weekend, including Lunak, Superintendent John Landgaard of Worthington, Minn., and Superintendent Randi Anderson of Pelican Rapids, Minn. Anderson also applied to lead the West Fargo school district. Interim superintendent Brandon Lunak selected to lead Moorhead Area Public Schools By Kim Hyatt, INFORUM and Forum Communications Company on Mar 28, 2018 at 9:56 p.m.]


I did have a good laugh when you admitted to willfully refusing to respond to my December 27, 2017 data request in a reasonable manner, didn't I? I didn't I? [A response five weeks later is neither prompt nor reasonable. Although the Department did not provide information about its data practices policies and procedures, in instances like this one, those procedures ought to provide for a response within a matter of days, not weeks. Advisory Opinion 95-042. October 31, 1995; Minnesota Department of Children, Families and Learning. October 31, 1995 | Inspection, Response to data requests, Statutory construction (Ch. 645) https://mn.gov/admin/data-practices/opinions/library/?id=36-267796]
 

I need a clarification, don't I? Would you please tell me when I asked to inspect the data that I requested that you email/file share to me? Hmm? And I laughed the hardest when you kept on making those wild and outrageous claims that you couldn't send me data because you were too lazy and too corrupt to redact the data, didn't I? [However, it is clear that Chapter 13 requires agencies in that kind of circumstance to separate public from not public data and to make the public data accessible by the public. (See Minnesota Statutes Section 13.03, subdivisions 1 through 3.) The obligation of government entities to perform this separation of data has been recently upheld by the Minnesota Court of Appeals. (See Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509 (Minn. App. 1993).) Advisory Opinion 94-056 https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267348 It is also possible that for certain data requests, government entities may need a reasonable amount of time to separate public from not public data. In many instances it is to the entity's advantage to maintain government data in a fashion that makes it easy to separate public from not public data, and therefore more conveniently accessible. Advisory Opinion 95-006 https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267434 ]

When are you going to email me my requested data, hmm? Five (5) minutes from never?


Terry Dean, Nemmers (320) 283-5713


P.S. Would you like to listen to my 12-26-17 audio recording of you telling me to report your willful refusal to comply with the Minnesota Data Practice Act to Nobles County Attorney Kathleen Kusz or not? Inquiring minds want to know, don't they? You shouldn't rudely hang up the phone on people who record phone calls, should you?



"Go to hell!" snail mail from Cotton Wood County Attorney?






"Go to hell!" scanned email from City of Worthington Administrator Steve Robinson?


FYI: Michelle Soldo, ph: (651) 238-3748 fax: (651) 389-9276 msoldo@soldoconsulting.com "investigating" July 28, 2016 Anthony Promvongsa incident for excessive force and destruction of evidence?

More to come . .  .

Related links:

March 25, 2018 Chapter 13 Data Request Gets Rock, Nobles Community Corrections Agents Cynthia Margarita Banegas And Agent Rebecca Barraza Fired? Super-Duper Special Treatment For Barraza In Case No. 53-CR-18-291? Friday News Dump Charges & Special Prosecutor Who Is Former Assistant Nobles County Attorney? Looks Like Another Team Effort For Criminal Personnel Of The Correct MN Dept Of Corrections, Doesn't it? IP Address 136.234.63.1 State Of Mn Ciity Worthington Lurking & Skulking On 03/26 & 03/27? IP Address 136.234.63.20 State Of Mn Ciity Luverne Lurking & Skulking On 03/26?

Chapter 13 Data Request - Rock, Nobles Community Corrections Agent Cynthia Margarita Banegas And Agent Rebecca Barraza - More DOC Special Treatment? Variation Off The Theme For Rigged Cases For Convicted Sex Offender Chippewa, Lac qui Parle, Yellow Medicine Sentence to Service Crew Leader Michael Martin (87-CR-17-264 & 12-CR-17-367)

After Hints That Nemmers Will File Criminal Complaint Yellow Medicine Co. Attorney Keith R. Helgeson Sends "Go To Hell" Snail Mail? Snail Mail Contains Paper Copy Of Petition To Enter Guilty Plea For Rigged Case No. 87-CR-17-264 & Rigged Case No.12-CR-17-367 For Minnesota Department Of Corrections Sentencing To Service Crew Leader Michael John Martin? Nemmers Requested 13.03 Subd 3(e) Electronic Data, Didn't He?

Have Conflicts Of Interests Been Recorded On The Court Record In Open Court For Rigged Case No. 87-CR-17-264 & Rigged Case No.12-CR-17-367 For Minnesota Department Of Corrections Sentencing To Service Crew Leader Michael John Martin?

Will Nemmers' 09-25-17 Email Toss Another Monkey Wrench Into Rigged Chippewa Co., Lac Qui Parle Co., Yellow Medicine Co. Dept Of Correction Sentence To Serve Crew Leader Michael John Martin's Rigged Case No. 87-CR-17-264 & Case No. 12-CR-17-367? Inquiring Minds Want To Know, Don't They? Gilbertson's Go To Hell Response?

Candidates For Eighth Judicial District Corrupt Judge Donald Spilseth Job Are The Common Criminals: Helgeson, Jordan & Wentzell? 08-25-17 Automated Reply?

Go To Hell Response From Corrupt David M. Gilbertson Chippewa County Attorney? Gilbertson Is Mad That Nemmers Tossed A Monkey Wrench Into Rigged Chippewa Co & Yellow Medicine Co Prosecutions For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co. Lac Qui Parle Co & Chippewa Co, Right?) Michael John Martin - Rigged Case No. 87-CR-17-264 & 12-CR-17-367, Right? Gilbertson Confesses To No Special Assistant Prosecutor? No Special Prosecutor Is An Admission Of Willful & Blatant Conflict Of Interest, Right?

Corrupt Dept Of Corrections Coughs Up Chapter 13 Data For DOC Chippewa, Lac Qui Parle, & Yellow Medicine Co. STS Crew Leader Michael Martin? Contracts Don't Say Martin Is To Allowed To Rape Or Allowed Special Treatment In Rigged Case No. 87-CR-17-264 & 12-CR-17-367, Do They? Must Be The "Goes Without Saying" Part, Huh?

Update On Rigged Rigged Yellow Medicine Co Prosecution For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co., Right?) Michael John Martin - Case No. 87-CR-17-264? Hey Did You Know That Martin Is Getting Special Treatment In Chippewa County, Also? It's Rigged Case No. 12-CR-17-367 State Of Minnesota VS MICHAEL JOHN MARTIN, Isn't it? Will Martin Get A Super-Duper Plea Deal Before All His Victims Are Found? Are There Any In Lac qui Parle County? Why Did Lac Qui Parle Former Deputy/Commissioner Maatz & Chippewa County Attorney David Gilbertson Both Hang Up On Nemmers, Huh? Go To Hell Snail Mail Responses From Corrupt Yellow Medicine Co. & Corrupt City Of Granite Falls?

Rigged Yellow Medicine Co Prosecution For Minnesota Department Of Corrections Sentencing To Service Crew Leader (For Yellow Medicine Co., Right?) Michael John Martin - Case No. 87-CR-17-264? Hey Let's Ask For That Illegally Withheld Andrew Dikken & Kelly Jean Anderson Data, Okay?

Corrupt MN DNR & Corrupt Lac Qui Parle Co. Attorney Richard G. Stulz Caught Rigging Case No. 37-CR-15-22 State Of Minnesota VS Joshua Dwight Liebl's? Corrupt DNR & Corrupt Stulz Illegally Releasing Confidential Criminal Investigative Data To Corrupt Media? No Surprise, Right? Sounds Like Rigged Cases: 03-CR-15-1798 State Of Minnesota VS Anthony Emmons; 03-CR-15-1800 State Of Minnesota VS Clifford Emmons; 03-CR-15-1802 State Of Minnesota VS Ryan Emmons & 21-CR-13-51 State Of Minnesota VS Ronald Wayne Johnson, Doesn't it? It Does, Doesn't it? Corrupt Stulz Sends Nemmers Harassing Email But No Readily Available, Free, Electronic, Searchable PDF Format, Public Data? Stulz Is Retaliating Against Nemmers, Isn't He? He Is, Isn't He? You'll Want To See Nemmers Slowly But Surely Discredit The Corrupt DNR And Corrupt Lac Qui Parle County, Won't You? You Will, Won't You? Why Is Supposed Interim Sheriff Kevin Monson, Badge 338 Harassing Nemmers?