Tuesday, May 27, 2014

Formal Complaint Against Podunk & No-Account City of Willmar Chief of Police David Wyffels – Conspiring With Other Podunk & No-Account City Personnel To Illegally Withhold Public Data, Chapter 13.09 – Criminal Misconduct, 609.43(1)? Nemmers Rips A Hole In Wyffels' Golden Parachute?

Lion News: Willmar Police Chief David Wyffels Aiding & Abetting Kandiyohi Co. In Cover Up?

Lion News: Willmar City Administrator Charlene Stevens Aiding & Abetting Police Chief Wyffels?

Lion News: Ron Christianson Council Member Covers Up City Of Willmar Criminal Misconduct? P1

Lion News: Ron Christianson Council Member Covers Up City Of Willmar Criminal Misconduct? P2

Frank Yanish, Mayor         05-27-14
P.O. Box 755                Emailed to: fyanish@willmarmn.gov, sammermann@wctrib.com,
Willmar, MN 56201      bdeblieck@willmarmn.gov, danderson@willmarmn.gov,
Phone: (320) 235-4913 rchristianson@willmarmn.gov, tjohnson@willmarmn.gov,
                                      rfagerlie@willmarmn.gov, sahmann@willmarmn.gov,
                                      anelsen@willmarmn.gov, jdokken@willmarmn.gov,
Re: Formal complaint against City of Willmar Chief of Police David Wyffels – Conspiring with City personnel to illegally withhold public data, Chapter 13.09 – criminal misconduct, 609.43(1).

This is my formal complaint against so-called public servant City of Willmar Chief of Police David Wyffels.

If a ruler hearken to lies, all his servants are wicked. Proverbs 29:12 (King James Version).

Chief Wyffels has conspired with City of Willmar Administrator Charlene Stevens, City of Willmar Prosecutor Tom Anderson, and City of Willmar Attorney Robert T. Scott to illegally withhold public data from me. Chief Wyffels has conspired to waste my valuable time, insult my intelligence and waste valuable government resources in a diabolic plot to not only illegally withhold public data from me but also to illegally withhold my criminal investigative data from my trumped-up case from 2006.

609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE. A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both: (1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or

13.09 PENALTIES. Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter is guilty of a misdemeanor. Willful violation of this chapter by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.

“We have held that when the State suppresses or fails to disclose material exculpatory evidence, the good or bad faith of the prosecution is irrelevant: a due process violation occurs whenever such evidence is withheld.” Illinois v. Fisher.² 2. 540 U.S. 544, 547, 124 S.Ct. 1200, 1202 (2004). George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West:2007), Page 145.

Illegal Withholding of Angela Marie Tadych's public data:

What would be the motive for illegally withholding public data for a high-profile case that on the surface would appear to be open and shut, huh?

Traditionally, motivations for criminal behavior fall into three broad categories: need, greed, and power. Fred E. Inbau, John E. Reid, Joseph P. Buckley, Brian C. Jayne, Criminal Interrogation and Confessions, 4th Ed., page 26.

To cover up a malicious prosecution, right?
A 17-year-old girl pleaded not guilty Monday to a felony first-degree property damage charge for allegedly causing more than $2,600 worth of damage to the grass and fields at Willmar’s Robbins Island park this spring. … Felony charges against 16- and 17-year-old defendants are public record. Girl faces felony charge for damage at Robbins Island in Willmar, Minn. By Gretchen Schlosser, West Central Tribune, Monday, August 26, 2013 – 11:55pm.

The reasonable suspicion would be that the costs to have the city Public Works department fix the damage, including labor, equipment use and seeding materials would actually be minimal, right?
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And that is why the case was unceremoniously dismissed, wasn't it? Tadych must have asked for an estimate from a seeding expert without a vested interest in the malicious prosecution, huh?

Case Number: 34-JV-13-199; Type/Status: Delinquency Felony (Age 16 and Older) – Closed.
In the Matter of the Welfare of Angela Marie Tadych DISPOSITIONS
08/26/2013 Plea (Judicial Officer: Nelson, Paul A.)
1. Damage to Prop-1st Deg-Value Reduced Over $1000 – Not guilty
09/23/2013 Disposition (Judicial Officer: Spilseth, Donald M.)
1. Damage to Prop-1st Deg-Value Reduced Over $1000 – Dismissed

I wonder if a little bird whispered that idea into her ear, don't I? Wyffels' partners in crime are making the wild and outrageous claim that the fraudulent bill can't even be released, aren't they? Bills are public information. So is all of Angela Marie Tadych's felony data. I confirmed that fact with an attorney and a public information officer from a police department in a much larger city. See attached data request.

Illegal Withholding of Edgard Valenzuela's public data:

The motive for illegally withholding this public data is obvious to anyone who has had the distinct displeasure of being maliciously prosecuted by lawless Kandiyohi County/City of Willmar, isn't it?

According to the complaint, preliminary repair estimates for the damage ranged from $1,150 to
$2,000. … Valenzuela was one of several people who became more and more belligerent with officers, accusing the officers of violating their civil rights. He was placed in handcuffs and into a squad car, with officers attempting to talk to him through the open car door. Because he was yelling and refused to cooperate, an officer closed the door on the car.21-year-old man faces charge for damaging door of cop squad car By Gretchen Schlosser on Jan 3, 2014 at 11:01pm

WILLMAR — Edgard Valenzuela, 21, of Willmar, pleaded guilty Monday to an amended charge of gross misdemeanor damage to property for kicking the door of a Willmar Police Department squad car hard enough to bend the door so far that it would not close. As part of a plea agreement, the charge was reduced from a felony count of first-degree damage to property. He will be sentenced March 17. … Valenzuela was one of several people who became more and more belligerent with officers, accusing the officers of violating their civil rights. Man pleads to lesser charge for damaging door of cop squad car. By Gretchen Schlosser on Feb 11, 2014 at 11:18 p.m.

The victims of the corrupt and rigged injustice system know that the minority population of Willmar/ Kandiyohi County make up the majority population of the Kandiyohi jail, don't they? Can't have the world see that embarrassing rights violation played out on squad audio and squad audio, can we? See attached data request.

Illegal Withholding of Terry Dean, Nemmers' criminal investigative data and City of Willmar police department data:

What did I hear from the corrupt guards at the lawless Kandiyohi county jail? Oh yeah, “You don't have rights!” I found that out dealing with both the lawless City of Willmar and the lawless County of Kandiyohi, didn't I? It was spelled out clearly to me when I was illegally interrogated by the City of Willmar's police. Wyffels and his partners in crime illegally withheld the dash cam video where the officers are avoiding Miranda by recasting my arrest as a noncustodial interview.

AVOIDING MIRANDA - Recasting Interrogation as a Noncustodial Interview
Perhaps the most fundamental police strategy to successfully negotiate Miranda is to do an end run around its requirements by taking advantage of the definitions, exceptions, and ambiguities in Miranda doctrine. Because Miranda warnings are required only when a suspect is legally in custody (i.e., either under arrest or not free to leave), police often redefine the circumstances of questioning
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so that the suspect technically is not in custody (Berkemer v. McCarty, 1984). They do this by
simply telling the suspect he is not under arrest and is free to leave. For example, they might say (Interrogation transcript of Henry Rodrigeuz, 1998: 2): Richard A. Leo, Police Interrogation and American Justice, (Cambridge: 2008), Page 124-125.

The squad video/audio will also show that the officers willfully refused to take me in front of a judge. If the courts can be open 24/7 to sign warrants for the corrupt cops in lawless Willmar and lawless Kandiyohi county, then they are open for me to explain how the cops are violating the law, aren't they? Plus, the City of Willmar's illegally withheld data retention schedule will show that my electronic criminal investigative data is still in their possession. See attached data request.

Podunk, No-Account Law Enforcement Agencies

Chief Wyffels made it abundantly clear to me that he would not launch an legitimate administrative investigation into my missing data. Chief Wyffels also made it abundantly clear that he would not refer my legitimate complaint against Kandiyohi County Attorney Shane Baker and County Administrator Larry Kleindl to an outside agency like the BCA or the FBI for investigation. Both are part of his advertised job.

I really think that you're talking a. to the wrong person, which is me. Because you're asking me if there is corruptness here that you're alleging. You're asking me to investigate my own corruptness? Well then you would say it is an expected answer. Why wouldn't you be going to the state at a much higher level to have this investigated? Especially when it spans across multiple jurisdictions? I'm I'm confused by that. I would think in your best interest …. in your best attempt … to get come changes done you wouldn't mess around with these podunk, no- account law enforcement agencies. City of Willmar Chief Of Police Davide Wyffles. December 9, 2013.

Lion News: Willmar Police Chief David Wyffels Aiding & Abetting Kandiyohi Co. In Cover Up?

Lion News: Willmar City Administrator Charlene Stevens Aiding & Abetting Police Chief Wyffels?

What else would you expect from a “podunk, no-account law enforcement agency,” huh? I will tell you what I do expect. I expect a thorough and complete investigation into Chief Wyffels and his criminal cohort's criminal activity. I expect that all the data that is being illegally withheld from me is immediately given to me. Finally, I fully expect that you will pervert justice and cover this up. In fact, I am counting on it. And when you cover this up then I will educate the public that you can't be trusted and that you are a threat to public safety.

Terry Dean, Nemmers
20179 County Road 28
Glenwood, MN 56334

WILLMAR — The two officers started at the Willmar Police Department within three months of one
another and now Police Chief David Wyffels and Sgt. Julie Asmus are retiring from the local force on
the same day, on May 30. Willmar Police Chief David Wyffels, left, and Sgt. Julie Asmus are retiring from the local force on the same day, on May 30. West Central Tribune. May 9, 2014 at 10:59 p.m.

However, in approximately two to three years, the squad car camera system will need replacing in all marked squad cars, an estimated $45,000 to $48,000. He said repairs are being made as necessary while waiting for a possible merger of body-cams worn by an officer and squad-mounted cameras. Retiring chief praises Police Department; gives ‘state of the department’ report By David Little, West Central Tribune. on May 20, 2014 at 11:44 p.m.
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More to come . . .

Related links:

Willmar Police Chief David Wyffels Aiding & Abetting Kandiyohi Co. In Cover-Up? Willmar City Administrator Charlene Stevens Illegally Withhloding Public Data?