Lion News: Rice Co. Attorney Fossum Scripting Trooper Ignaszewski's Testimony In 66-VB-14-3349?
Lion News: Rice Co. Student Prosecutor Travis Kowitz Obstructs Justice In Case No. 66-VB-14-3349?
Lion News: Rice Co. Student Prosecutor Kowitz Covers Up Trooper Misconduct In 66-VB-14-3349?
Lion News: Rice Co. Attorney Beaumaster Tries To Provoke Nemmers To Violence In Data Dodge?
Lion News: Rice Co. Attorney Green's & Ignaszewski's Misconduct In 66-VB-14-3349?
Lion News: State Patrol Capt Mark Holm & Rice Co. Attorney Fossum Rigging Case 66-VB-14-3349?
Lion News: Special Prosecutor Fischer & Rice Co. Attorney Fossum Rigging Case 66-VB-14-3349?
Lion News: Transcript For Rice Co. Attorney Fossum's Scripted Trooper Ignaszewski's Testimony?
March
22, 2015 Via e-mail and United States Mail
Dave
Miller, Rice County Commissioner:
431
Tatepaha Boulevard
Faribault,
MN 55021
Re: Due Process Violations/Misconduct/Illegally Withholding of
Evidence/Obstruction of Justice and Malicious Prosecution in Case
Numbers 66-VB-14-3349 and 66-VB-14-4097
Dave
Miller, Board Chair:
I am
writing to tell you about the misconduct and obstruction of justice
in the above listed cases on the part of the Rice County Attorney’s
Office, the Minnesota State Highway Patrol and your local judges.
On
August 9, 2014 I was stopped by Minnesota State Highway Patrolman
Patric Ignaszweski and cited for speeding. He gave me a verbal
warning for window tint too dark and not having current proof of
insurance in my car. I then exercised my rights under Minnesota
Statute 169.91 and requested an immediate appearance before a Judge.
Trooper Ignaszweski made the wild and outrageous claim that he was
not familiar with this Minnesota Statute even though a very large
part of his job is to enforce traffic laws. This was very surprising
to me because even the City of Winona has a policy concerning
Minnesota Statute 169.91; Policy Number 105-05 dated July 27, 2004
which states in pertinent part:
“2.0
POLICY:
It is the policy of this department, in accordance with an opinion
from the City Attorney’s office, that all violators of Minnesota
Statutes Annotated Section 169 or any other law or ordinance relating
to the operation or registration of vehicles shall be handled in
accordance with Minnesota State Statutes Annotated Section 169.91,
relative to arrest and/or pre-trial release.
3.0
PROCEDURE:
3.1
Any
violator of Minnesota State Statutes Section 169 or any other
ordinance or law relating to the operation or registration of
vehicles shall be taken into custody and immediately taken before a
magistrate, in the cases enumerated in Subdivision 1 of Minnesota
State Statute Section 169.91.”
Trooper
Ignaszweski immediately became hostile, belligerent and intimidating.
He threatened me by stating that if I showed up in Court he would
make sure the Prosecutor would have additional charges waiting for
me. Also, the enduro racing Trooper Ignaszweski was tailgating me.
Maybe Trooper Ignaszweski confused the highway he was supposed to
patrol for public safety for a race track? Maybe that is why the dash
cam video has country music playing on it instead of evidence of my
conversation with Trooper Ignaszweski?
On
September 26, 2014 I had a conversation with what I thought was Rice
County Assistant Attorney Travis Kowitz. I later found out that he
was a Student Attorney hired part time by the Rice County Attorney’s
Office on May 29, 2014 and was approved by the Rice County Board of
Commissioners on June 10, 2014. During our conversation we
discovered that Trooper Ignaszweski had added two charges, window
tint too dark and no proof of insurance to his copy of the Citation
without informing me. Needless to say I was shocked that a Minnesota
Highway Patrolman would falsify a public document in such a way. I
pointed out to Mr. Kowitz that I could have paid the ticket and not
responded to the unknown to me additional charges one of which is a
misdemeanor (no proof of insurance). An arrest warrant could have
easily been issued and I could have been arrested at any point in the
future because of these unknown to me additional charges. I
subsequently learned that Mr. Kowitz was not really an Attorney at
all but rather a Student Attorney who was attending Law School at St.
Thomas School of Law. Since there were no real Attorney’s around
yet from the Rice County Attorney’s Office interacting with or
supervising Mr. Kowitz the Rice County Attorney’s Office is in and
has been in violation of Rule 3.04 of the Student Practice Rules as
promulgated by the Minnesota Board of Law Examiners which states:
“Rule 3.04 Supervisory Attorney
The
attorney who supervises a student under Rule 3 shall:
(1)
be a member of the bar of this court;
(2) assume personal professional responsibility for and supervision of the student's conduct;
(3)
be
present with the student during all interactions with the client; and
(4) report to the law school supervisor for the academic program or
course as required by
the law school supervisor.”
The Rice County Attorney’s office is also in violation of Rule 1.04, subdivision (6) which states:
“Rule
1.04 Supervisory Attorney
The
attorney who supervises a student shall:
6)
appear with the student at all other proceedings unless the attorney
deems his or her personal appearance unnecessary to assure proper
supervision. This
authorization shall be made in writing and
shall be available to the judge or other official conducting the
proceedings
upon request.”
The
Rice County Attorney’s Office has ignored and covered up this
misconduct on the part of Minnesota State Highway Patrol Trooper
Patric Ignaszweski. They even have notes from Trooper Ignaszweski in
their files that they have yet to produce for me where he claims that
I was belligerent and that I crumpled up the Citation and threw it on
the floor of the car and that he mailed the new Citation to me with
the added charges. The Rice County Attorney’s office has utterly
failed to investigate this misconduct and insists on continuing their
malicious prosecution. When I pointed out to Assistant County
Attorney Chad Green that my copy of the Citation was not crumpled he
was forced to agree with me. Assistant County Attorney Chad Green
then stated that Trooper Ignaszweski would get on the witness stand
and tell the truth I then insisted that based on what I heard was in
their notes from Trooper Ignaszweski he would be committing perjury
and if the Rice County allowed this they would be suborning perjury.
Unfortunately, the Malicious Prosecution continues….
In
addition the Rice County Attorney’s Office has and continues to:
- Illegally withhold evidence.
- Tried to illegally charge me for free electronic public data.
- Failed to email me a court filing on December 30, 3014 and when requested from new County Attorney John Fossum, a cover letter to me was typed up and backdated and a Certificate of Service was mailed to me that was not filed with the Court on December 30, was also backdated ,and because it was a sworn affidavit that the Court document was mailed to me on December 30, 2014 constitutes perjury within the Rice County Attorney’s Office.
- Failing to email me the Discovery and plopping it (what limited information they in fact are giving me) in my lap the day of the hearing. (We do live in the age of technology, don't we?)
- Failing to email me other filings in my cases, specifically not emailing me notice that they have appointed a Special Prosecutor. (The Rice County Attorney's could have easily emailed the searchable pdf format court documents from their MCAPS4 prosecuting software, which they've had since 4/1/2010, couldn't they?)
To
illustrate the nature of the illegally withheld evidence in case
number 66-VB-14-4097 the video of the traffic stop from the Minnesota
Highway Patrol has complete audio to go along with the video. In
case number 66-VB-14-3349 the video is truncated/edited and has no
audio so there is no documentation regarding the misconduct of
Trooper Ignaszweski. There can only be two options in this case;
either the video was tampered with or Trooper Ignaszweski
deliberately did not turn on the audio.
Instead
of the Rice County Attorney’s Office going after Trooper
Ignaszweski for falsifying documents and reports and committing
perjury (which is a felony) they insist on continuing their malicious
prosecution of me.
The
new County Attorney Mr. John Fossum, instead of being an improvement
over former County Attorney Paul Beaumaster, appears to be much
worse. He has personally appeared for the County as the Prosecutor
prosecuting me. The latest ploy on the part of the Rice County
Attorney’s Office is to get the two charges of no proof of
insurance certified as a petty misdemeanor to deny me my right to a
Jury Trial so they can continue maliciously prosecuting me, covering
up the misconduct of the Minnesota Highway Patrol, covering up the
due process violations, covering up their illegally withholding of my
evidence, and continuing to obstruct justice so the good citizens of
Rice County will be none the wiser.
Things
are so bad at the Rice County Attorney’s Office regarding my cases
that they have appointed a Special Prosecutor, Mr. Kurt S. Fischer,
to prosecute me for the Rice County Attorney’s Office. Fischer has
his own problems with unprofessional conduct by notarizing signatures
on court documents not signed in his presence and one of the
signatures was later discovered to be forged.
Finally,
the only way I was able to get some of my evidence in my case was to
file a complaint against some of your corrupt judges. I say corrupt
because any honest judge would have dismissed both cases and reported
each and every one of your corrupt prosecutors to the proper
authorities for possible prosecution and disbarment. You can't trust
any arrest prosecution or conviction in lawless Rice County, can you?
Which
is why I'm sure you that you'll try to help your corrupt prosecutors
cover this up, aren't I?
Sincerely,
_________________________________________
Ayrlahn Johnson
13517 Clinton Place
Burnsville, Minnesota 55337
612-991-0568
Emailed
and mailed via USPS Certificate of Mailing:
Jake
Gillen, Commissioner, 24062 Cabot Avenue, Faribault, MN 55021, (507)
334-5746 (Home),
Email:
jgillen@co.rice.mn.us
Galen
Malecha, Commissioner, 1607 Pheasantwood Trail, Northfield, MN 55057,
(507) 645-6041 (Home), Email: gmalecha@co.rice.mn.us
Dave
Miller, Commissioner, 431 Tatepaha Boulevard, Faribault, MN 55021,
(507) 334-4763 (Home),
Email:
dmiller@co.rice.mn.us
Steve
Bauer, Commissioner, 6386 Farwell Path, Faribault, MN 55021, (507)
334-9700 (Home),
Email:
sbauer@co.rice.mn.us
Jeff
Docken, Commissioner, 6320 Chester Avenue, Northfield, MN 55057,
(952) 652-2876 (Home),
Email:
jdocken@co.rice.mn.us
Jaci
Smith, managing editor, Faribault Daily News, 514 Central Avenue,
Faribault, MN 55021, 507-333-3134. jsmith@faribault.com
Matt
Carlander, State Bank of Faribault, 428 Central Avenue, Faribault, MN
55021, (507) 332-7401.
mattc@tsbf.com
Nathan
R. Gove, Executive Director, MN POST Board, 1600 University Avenue,
Suite 200, Saint Paul, Minnesota 55104, 651-201-7788,
nathan.gove@state.mn.us
LETTER OF
COMPLAINT TO THE CHIEF JUDGE OF THE THIRD JUDICIAL DISTRICT
Chief Judge, Third Judicial District Emailed to: mattc@tsbf.com
In Care of: District Administrator John.Fossum@co.rice.mn.us
Third Judicial District Office jcavaleri@gmail.com
1696 Greenview Drive South West
Rochester, Minnesota 55902
Dear Chief Judge:
I am writing to complain about illegal,
immoral and unethical behavior on the part of the Minnesota State
Highway Patrol, the Rice County Attorney’s Office and certain
Judges sitting in Rice County.
On August 9, 2014 I was stopped by
Minnesota State Highway Patrolman Patric Ignaszewski just south of
Lonsdale, MN on County Road 4 in Erin Township. I came over a hill
going northbound and observed three cars traveling southbound the
third of which appeared to be a police car. I kept driving and
observed the police car in my rear view mirror pull over on to the
shoulder and perform a dangerous Dukes of Hazard u-turn. The police
car then came upon me going at a high rate of speed and then
tailgated me for a very uncomfortable 5 to 6 seconds as can be seen
in the truncated video of the incident before turning on his lights.
As soon as his lights came on I immediately pulled over onto the
shoulder. I was frightened and scared and thought he was going to
run me off the road. Officer Ignaszewski’s biography on the
Minnesota State Patrol website states “In his spare time, he races
enduro cars. Ignaszewski is excited to use his driving skills to make
Minnesota’s roads safer for all.” Far from making Minnesota roads
safer for all, Officer Ignaszewski is a danger on the roads and is a
threat to public safety.
After stopping me he approached my car
and asked for my driver’s license and insurance information. I
gave him the requested information. He then came back to my car and
gave me ticket for speeding. He gave me a verbal warning for window
tint too dark and not having current proof of insurance in my car. I
then exercised my rights under Minnesota Statute 169.91 and requested
an immediate appearance before a Judge. He said there was a Court
date on the Citation and I could go before a Judge at that time. I
then asked him if he was familiar with this statute and he stated no.
This was very surprising to me because even the City of Winona has a
policy concerning Minnesota Statute 169.91; Policy Number 105-05
dated July 27, 2004 which states in pertinent part:
“2.0 POLICY:
It is the policy of
this department, in accordance with an opinion from the City
Attorney’s office, that all violators of Minnesota Statutes
Annotated Section 169 or any other law or ordinance relating to the
operation or registration of vehicles shall be handled in accordance
with Minnesota State Statutes Annotated Section 169.91,relative to
arrest and/or pre-trial release.
3.0 PROCEDURE:
3.1 Any
violator of Minnesota State Statutes Section 169 or any other
ordinance or law relating to the operation or registration of
vehicles shall be taken into custody and immediately taken before a
magistrate, in the cases enumerated in Subdivision 1 of Minnesota
State Statute Section 169.91.”
I then reiterated that under the
statute I was requesting an immediate appearance before a Judge.
Officer Ignaszewski immediately became hostile, belligerent and
intimidating and stated “that’s not gonna happen.” He then
asked me for the Citation back and I said no because he had already
given it to me and I had set it on the passenger’s seat. He then
further intimidated me and threatened me by stating that if I showed
up in Court he would make sure the Prosecutor would have additional
charges against me. I was not sure what kind of Conspiracy this
Officer had going on with the Rice County Attorney’s Office. As I
was pulling back out onto the road after the stop I noticed there was
a passenger in the passenger’s seat of Officer Ignaszewski squad
car. The name of this witness has still not been disclosed to me as
of this date.
Prior to my initial Court appearance on
October 1, 2014 I wrote a letter dated September 25, 2014 to the name
of the person in the Rice County Attorney’s office who I was told
would be in charge of this prosecution, Travis Kowitz. In the letter
I detailed the rude, intimidating and threatening behavior of Officer
Ignaszewski and asked for specific Discovery material. On September
26, 2014 I had a 32 minute conversation with Mr. Kowitz (this
conversation was recorded) about my letter and the behavior of
Officer Ignaszewski of the Minnesota Highway Patrol. During this
conversation we had a misunderstanding of the exact charges that had
been filed against me. We both discovered that on the Citation
#889000218565 that was given to me on August 9, 2014 there was the
single charge of speeding listed on the Citation. On the copy of
Citation #889000218565 that Mr. Kowitz had there were three charges
listed, speeding, window tint too dark, and no proof of insurance.
This caused much consternation on both sides until we figured out
this major discrepancy. Needless to say I was shocked that a
Minnesota Highway Patrolman would falsify a public document in such a
way. While still on the phone with Mr. Kowitz I scanned and e-mailed
him a copy of my Citation. He seemed genuinely concerned to get to
the bottom of this misbehavior by Officer Ignaszewski and expressed
appreciation for the proof and evidence I provided. He also
expressed concern about Officer Ignaszewski rude and threatening
behavior and the denial of my rights. I pointed out to Mr. Kowitz
that I could have paid the ticket and not responded to the unknown to
me additional charges one of which is a misdemeanor (no proof of
insurance). An arrest warrant could have easily been issued and I
could have been arrested at any point in the future because of these
unknown to me additional charges. He seemed sympathetic to this very
strong possibility of bad things happening to me because of the
misbehavior of Officer Ignaszewski.
At my initial Court session on October
1, 2014 Judge Christine Long stated that I had every right to
Discovery before making a plea. A pre-trial hearing was then
scheduled for November 18, 2014. On October 1, 2014 I then had
another long discussion with Mr. Kowtiz. It was then that he
explained that he was not really an Attorney but rather a Student
Attorney and was attending Law School at St. Thomas Law School in St.
Paul, MN. His attitude also changed as he seemed a lot less
concerned about the behavior of Officer Ignaszewski and a lot more
concerned about negotiating a plea as if I had done something wrong
and not Officer Ignaszewski. There were no other Attorney’s around
interacting or supervising Mr. Kowitz. The Rice County Attorney’s
office is in and has been in violation of Rule 3.04 of the Student
Practice Rules as promulgated by the Minnesota Board of Law Examiners
which states:
“Rule 3.04 Supervisory Attorney
The
attorney who supervises a student under Rule 3 shall:
(1)
be a member of the bar of this court;
(2)
assume personal professional responsibility for and supervision of
the student's conduct;
(3) be
present with the student during all interactions with the client; and
(4)
report to the law school supervisor for the academic program or
course as required by the law school supervisor.”
The Rice County Attorney’s office is also in
violation of Rule 1.04, subdivision (6) which states:
“Rule 1.04 Supervisory Attorney
The
attorney who supervises a student shall:
6)
appear with the student at all other proceedings unless the attorney
deems his or her personal appearance unnecessary to assure proper
supervision. This
authorization shall be made in writing and
shall be available to the judge or other official conducting the
proceedings upon request.
I received
some limited Discovery signed by Chad Green, Assistant Rice County
Attorney dated October 15 but not mailed to me until October 21,
2014. Rather than put all of the electronic data on to the CD or
e-mail it to me the Rice County Attorney’s Office printed out the
discovery material and mailed me paper copies which I in turn had to
scan to turn them back into electronic copies.
My next
Pre-Trial Hearing was held on November 18, 2014 in front of Judge
John Cajacob. I pointed out Officer’s Ignaszewski
misbehavior and showed him a copy of my Citation. Judge Cajacob then
asked the Prosecutor (a lady Prosecutor who was pretending that she
was not prepared) what they had to say about my revelation. She
stated that she had not spoken with the Officer but did offer what he
would say from the notes in the file. She stated that Officer
Ignaszewski would state that I was belligerent, uncooperative, and
that I crumpled up the Citation and threw it on the floor and that
the Officer mailed a copy of the altered Citation to me. I told
Judge Cajacobs that these were all lies. I then stated that the
prosecution was maliciously and illegally withholding evidence and
that the evidence appeared to have been truncated and tampered with
and that Officer Ignaszewski was not following the rules laid down by
the Minnesota Highway patrol for audio taping and videotaping
incidents. The dash cam video that I was presented with had been
conveniently and edited to remove the incriminating and embarassing
“Dukes of Hazard” turn by Officer Ignaszewski. The dash cam video
should have started immediately prior to Officer Ignaszewski's radar
being allegedly triggered by my vehicle. Judge Cajacobs then accused
me of calling out the prosecution and Highway patrol without any
evidence. Judge Cajacobs could plainly see from my copy of the
Citation that is was not crumpled up in any way shape or form. I
then told Judge Cajacobs, based on the prosecutor’s notes of
Officer Ignaszewski that the prosecution would be suborning perjury
when moving forward with this case. Judge Cajacobs then accused me
of not knowing what suborning perjury even means. Judge Cajacobs
then told me to get a Lawyer about 5 or 6 times during the course of
the 20 minute hearing acting as if I was somehow incompetent. At one
point, Judge Cajacobs asked what I was holding in my hand. I stated
it was the Minnesota Highway Patrol’s General Order effective March
25, 2009 regarding Audio/Video Recording Equipment which states in
pertinent part:
“II. PROCEDURE
B. General Use
- The primary purpose for using audio and video recorders is to obtain evidence. Therefore, all traffic stops, pursuits, emergency vehicle operations, and other incidents of value to law enforcement or training should be recorded.
a. Audio and video recordings are subject to General Order 10-025 (Data Practices) and the Minnesota Data Practices Act (Minn. Statutes Chapter 13).
- Retention
- Whether an audio or video recording documents an arrest or significant incident, the recording constitutes evidence and the legal rules of evidence apply. As in other cases, the arresting or Investigating Member must document and maintain the proper chain of custody for the recording evidence.”
III. RESPONSIBILITIES
- Members
- Record all traffic stops, pursuits, emergency vehicle operations, and other incidents of value to law enforcement or training.
3. Routinely inspect the department-issued audio and video equipment
and report any defect in condition or appearance to a
supervisor.
a. Check the video camera at least weekly to ensure that the time
and date are accurate and that the body microphone is working
effectively.”
The only audio or video that I have received in Discovery so far is a
truncated video with no audio on it and no audio of the stop. I offered to read to Judge Cajacobs the pertinent provisions of
Chapter 13 regarding Minnesota Data Practices Act requests but Judge
Cajacobs was not interested in the law nor the facts. Judge Cajacobs then told the prosecutor to have the Officer
Ignaszewski at the next pre-trial hearing scheduled for December 9,
2014.
Judge Cajacobs did not seem to care that the Prosecution was backing
the misbehavior of Officer Ignaszewski and did not seem to care that
Officer Ignaszewski had falsified a public document Officer
Ignaszewski and did not seem to care that the Rice County Attorney’s
office was maliciously prosecuting and illegally withholding evidence
and did not seem to care that Officer Ignaszewski had committed
perjury and was going to commit further perjury and did not seem to
care that the Rice County Attorney’s Office was suborning perjury.
I then filed a written request for a copy of the court transcript with the Clerk of Court’s Office. I did not hear another word until after Thanksgiving. I had to go out of town for a week and the Court Reporter called me but did not leave a message so she sent me a letter that I did not receive until after Thanksgiving. I then called the Court Reporter and left her a message and never heard back from her.
I then filed a written request for a copy of the court transcript with the Clerk of Court’s Office. I did not hear another word until after Thanksgiving. I had to go out of town for a week and the Court Reporter called me but did not leave a message so she sent me a letter that I did not receive until after Thanksgiving. I then called the Court Reporter and left her a message and never heard back from her.
The next Court hearing was another
pre-trial hearing held on December 9, 2014 in front of Judge
Christine Long. There was confusion at this Court hearing because
now the prosecutor was Assistant Rice County Attorney Chad Green who
was pretending to be unfamiliar with what happened and the pre-trial
hearing held on November 18, 2014 and also Judge Long who was also
unfamiliar with what happened at the pre-trial hearing on November
18. Judge Long stated since there wasn’t a transcript (I had tried
to obtain one) we don’t know exactly what Judge Cajacobs ordered.
The prosecution alleged that since I had filed no motions they did
not have to have Officer Ignaszewski present in the courtroom even
though there were clear issues of contention as outlined above. I
mentioned to Judge Long that this was my third time dealing with this
matter and the Prosecution’s illegally withholding my evidence was
wasting my valuable time and downright criminal. Prosecutor Green
told the Judge that there was a cost to obtain my discovery. Judge
Long then advised but did not Order me (she is now representing me by
giving me legal advice) to pay costs to obtain discovery. She also
told Prosecutor Green to get me the discovery that I had asked for
that did not have a cost. The Court and the Prosecution are
conspiring to defraud me out of hard earned money for free electronic
data. It is a matter of the public record that Rice County eCharges.
In fact, former county attorney Beaumaster was hired by Dakota county
for his expertise in eFiling.
Prokopowicz added that Dakota County
is a pilot project for e-charging, e-filing and e-court, and they
hope to use Beaumaster significantly for that project. Beaumaster to
continue prosecuting in Dakota County Posted: Friday, January 2,
2015 1:00 pm | Updated: 11:28 pm, Fri Jan 2, 2015. By BRAD PHENOW
bphenow@faribault.com.
Note: I tried to report this misconduct
to Tony Murphy, Rice County Administrator. However, it would appear
that Murphy is reading off the same prepared script. The wild,
outrageous and unsubstantiated script that states that I should pay
for free electronic data.
We then reviewed my discovery request
and talked about the items I had not received and the items that
Prosecutor Green would work on getting me. The Court then stated in
their minute order that:
“Defendant must
make written motion for any discovery not received by 12/30/2014;
Court will not hear further motions re: Discovery if not filed by
12/30/2014.”
The problem with this order is that the
Defendant has made no motions to date regarding discovery so how can
the Court state it will not hear further motions when none have been
made. It doesn’t make any sense. It is not my job to do the
prosecutor's job. Nor can the judge force me to do the prosecutor's
job.
“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.
The judge is wasting my valuable time,
insulting my intelligence and wasting valuable public resources
aiding and abetting the prosecution in this due process violation! I
am not fooled by this blatantly obvious due process violation!
Surely in vain the net is spread in
the sight of any bird. Proverbs 1:17
I then met with Prosecutor Green after
the Court hearing to discuss Discovery and Officer Ignaszewski
perjury issues (this discussion was recorded). We reviewed the
discovery I was seeking and Mr. Green stated he would respond to me
via e-mail by Thursday, December 11, 2014. As of this date I have
yet to hear from Mr. Green. Mr. Green admitted that my copy of the
Citation was not crumpled and I advised Mr. Green to check the notes
in his file to prove that Officer Ignaszewski was committing perjury.
Mr. Green stated that Officer Ignaszewski would get on the witness
stand and tell the truth and that I would have a chance to cross
examine Officer Ignaszewski. Despite my best efforts to get at the
truth Mr. Green is moving full steam ahead to suborn perjury in this
case.
As of this date I have heard nothing
from the Rice County Attorney’s Office since Tuesday, December 9,
2014. They continue to illegally withhold evidence, continue to
maliciously prosecute me, continue their attempt to defraud me for
free electronic data, continue to support the misbehavior of Officer
Ignaszewski, continue to support the falsifying of public documents
by Officer Ignaszewski, continue to support Officer Ignaszewski’s
perjury, continue to move forward on the path of suborning perjury
and at this point the Court either does not care or is conspiring
with the Prosecution.
My next pre-trial court hearing is
schedule for January 20, 2014 at 10:30 am. I want justice - not
imitation!
Sincerely,
Ayrlahn Johnson
13517 Clinton Place
Burnsville, Minnesota
55337
612-991-0568
Matt Carlander
State Bank of
Faribault
428 Central Avenue
Faribault, MN 55021
(507) 332-7401
mattc@tsbf.com
Minnesota State Bar
Association
District Five
President
Jorma Cavaleri
Cavaleri & De
Marco LLP
17645 Juniper Path
Suite 210
Lakeville, MN 55044
P. 952.388-1833
John Fossum, Rice
County Attorney
218 Third Street NW
Faribault, MN 55021
February
9, 2015 Via e-mail and United States Mail
Jeffrey
D. Thompson Emailed to: mattc@tsbf.com
Third
Judicial District Office
John.Fossum@co.rice.mn.us
1696
Greenview Drive South West jcavaleri@gmail.com
Rochester,
Minnesota 55902 rkvischer@stthomas.edu
Re:
Due Process Violations/Misconduct in Case Number 66-VB-14-3349 and
66-VB-14-4097
Chief
Judge Thompson:
I
am in receipt of your funny letter dated January 24, 2014. I got a
good chuckle reading your funny letter – talking about everything
except the missing dash cam video from not one but two cases. And
when did I ask you for legal advice? I asked you to do your job and
investigate due process violations in two separate case, didn't ? Why
are you willfully refusing to do you job? Why are you willfully
refusing to report these due process violations to the proper
authorities?
The
video I received from the first case number 66-VB-14-3349 is missing
all audio. The video is tampered with to cover up Trooper misconduct.
My copy of the State Patrol General orders indicates that both audio
and video are required for the traffic stop. Of course, you knew
that, didn't you? Is that why you are refusing doing your job and
investigate the due process violation in that case? I have received
zero evidence in case number 66-VB-14-4097 since I first requested
this information on October 1, 2014. Is that not an additional due
process violation? Aren’t you supposed to be investigating this
second due process violation as well? Instead, you send me this
ridiculous letter that talks about everything except my clear,
precise, and unquestionable evidence of these due process violations.
Your
funny letter is a huge waste my valuable time, an insult to my
intelligence, and a hudge waste valuable government resources trying
to pretend these due process violations don’t exist. How is that
judicial economy? Sounds more like a preplanned script for cover-up,
doesn't it? It does, doesn't it?
Plus,
I have information that the Rice County Attorney’s Office and the
Minnesota State Patrol both participate in e-filing. That evidence
is listed below.
BCA
Agency Deployment Report – Rice Co. Attorney – Mn State Patrol
ORI:
MNMHP0200 County: Olmsted
Agency Type: Law Enforcement Name: Minnesota State Patrol (Rochester)
Module: Incident Referral
Last Adapter Used: eCharging Date Deployed: 6/12/2012
Agency Type: Law Enforcement Name: Minnesota State Patrol (Rochester)
Module: Incident Referral
Last Adapter Used: eCharging Date Deployed: 6/12/2012
ORI:
MN066013A County: Rice
Agency Type: Prosecuting Authority Name: Rice County Attorney
Module: Complaint
Last Adapter Used: MCAPS4 Date Deployed: 4/1/2010
Agency Type: Prosecuting Authority Name: Rice County Attorney
Module: Complaint
Last Adapter Used: MCAPS4 Date Deployed: 4/1/2010
Effective
September 16, 2013, all
e-filed documents, whether in mandatory or voluntary case types, must
be submitted in “searchable”
PDF format. Visit
the eFile
Support Center for
more details and
Page
1 of 2
other
important notices. http://www.mncourts.gov/district/4/?page=3953
John
Fossum, Rice County Attorney should have no problem emailing me all
my free electronic data, should he? Yet, John Fossum, Rice County
Attorney is still following his due process violating script.
Therefore, Fossum is still willfully refusing to send me my free
electronic information. And you are aiding and abetting in this
illegal withholding of my free electronic data, aren't you? Why? It's
because you and John Fossum are part of the same corrupt court, isn't
it? How can you trust any citation, arrest, prosecution or conviction
in Rice county? You can't, can you? You're sadly mistaken if you
think that I will remain silent while you “railroad” me, aren't
you?
Sincerely,
_________________________________________
Ayrlahn
Johnson
13517
Clinton Place
Burnsville,
Minnesota 55337
612-991-0568
CC:
Mailed First class U.S.P.S. certificate of mailing
Matt
Carlander
State
Bank of Faribault
428
Central Avenue
Faribault,
MN 55021
(507)
332-7401
Minnesota
State Bar Association
District
Five President
Jorma
Cavaleri
Cavaleri
& De Marco LLP
17645
Juniper Path
Suite
210
Lakeville,
MN 55044
P.
952.388-1833
John
Fossum, Rice County Attorney
218
Third Street NW
Faribault,
MN 55021
Robert
Vischer, Dean and Professor of Law
University
of St. Thomas · School of Law
1000
LaSalle Avenue, Minneapolis, MN 55403
(651)
962-4838
Page
2 of 2
358.116 COURT
DOCUMENTS. Unless specifically required by court rule, a pleading,
motion, affidavit, or other document filed with a court of the
Minnesota judicial branch is not required to be notarized. Signing a
document filed with the court constitutes "verification upon
oath or affirmation" as defined in section 358.41, clause (3),
without administration of an oath under section 358.07, provided that
the signature, as defined by court rules, is affixed immediately
below a declaration using substantially the following language: "I
declare under penalty of perjury that everything I have stated in
this document is true and correct." In addition to the
signature, the date of signing and the county and state where the
document was signed shall be noted on the document. A person who
signs knowing that the document is false in any material respect is
guilty of perjury under section 609.48, even if the date, county, and
state of signing are omitted from the document.
History: 2014 c 204
s 3
https://www.revisor.leg.state.mn.us/statutes/?id=358.116
Minnesota State Patrol General Orders Effective: April 5,
2013
Subject: ARREST,
CUSTODY HOLDS/RELEASE, AND WARRANT PROCEDURES
Reference: General
Orders 10-003, 10-027, 20-015, 20-021, 70-007
Number: 13-20-028
Special
Instructions:
Rescinds GOs 94-20-022; 90-20-024; 92-20-028;
Distribution:
A,B,C,E
4. Aside from gross
misdemeanor or felony level crimes involving personal injury or
death, Minn. Stat.sec. 169.91 allows
members to take into custody persons cited for a traffic or
registration violation if the person demands
an immediate court appearance or there is probable cause to believe
the person
will leave the state
and the violation is not covered by the Non-Resident Violators (NRV)
Compact, which is an
agreement between member states to release residents of other member
states charged with moving
violations which alone do not carry suspension or revocation.
Minnesota State Patrol General Orders Effective: August 17, 2009
Subject: MINNESOTA STATE PATROL POLICIES:
GENERAL ORDERS, CHIEF’S MEMOS, DISTRICT/SECTION MEMOS
Reference: All General Orders, CALEA Chapter 12
Special Instructions: Rescinds General Orders 07-10-001
Number: 09-10-001
Distribution: G
Revision Summary
I. POLICY
The policy of the Minnesota State Patrol is to provide guidance and direction to its employees on matters relating to the conduct of employees and the delivery of services to the public. These policies will be communicated through General Orders, Chief’s Memos, and District/Section Memos.
• Employees are responsible for knowing and understanding the Minnesota State Patrol Policies applicable to their assignment.
• Managers and supervisors are responsible for enforcing Minnesota State Patrol Policies.
• Failure to comply with these policies may result in disciplinary action.
More to come . . . .
Related Links:
Rice Co. Attorney Paul Beaumaster Caught Rigging Court Cases 66-VB-14-4097 & 66-VB-14-3349? Complaint Filed In State of Minnesota vs Ayrlahn Hegge Johnson? Rice Co. Attorney Beaumaster Recruited St. Thomas Law Student Travis Kowitz To Aid & Abet In Due Process Violations? Ayrlahn Has Trump Cards Since He Recorded Numerous Conversations With Corrupt Rice Co. Officials, Hasn't He? Updated: Co. Attorney John Fossums' Ploy To Avoid Jury Trial Fails?
