Bryan Schafer, Chief of Police February 21, 2016
101 4th Street East
Hastings, MN 55033
Phone: (651) 480-2306
Email: bschafer@hastingsmn.gov
Emailed on 02-19-16 to: bschafer@hastingsmn.gov brian.jones@courts.state.mn.us gary.hird@smrls.org
Re: Criminal complaint against Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz and Kathryn Keena for illegally withholding readily available, free, electronic, data.
This is my criminal complaint against Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz and Kathryn Keena for illegally withholding readily available, free, electronic, data in violation of the Minnesota Government data practice act (Chapter 13.09) and criminal misconduct of a public official (Chapter 609.43(1)).
On December 12,2015 I emailed my data request and discovery request (see attached) to Carol Renn, Dakota Co. Court Administrator and Philip Prokopowicz, Dakota Co. Chief deputy assistant attorney. I requested that the following readily available, free electronic, public documents be emailed to me: the Dakota county's Sheriff's dept's 2015 Lexipol policy and procedure manual; the 2015 Lexipol custody manual; the 2015 prisoner handbook; the 2015 Dakota county personnel handbook; the 2015 Dakota County data practice manual; the Licensing and Service Quote, Master Software License Agreement, Vendor Questions, Public Safety Software System Recommendation Report and proposals for the the following Dakota county software vendors: Tritech and BCA for eCharging and my discovery for 19HA-CR-15-4227. Prokopowicz willfully refused to respond. Not only that, Renn willfully refused to register my discovery request in my rigged case. On December 30, 2016 I emailed a notice of non-compliance (See attached). Both Renn and Prokopowicz willfully refused to respond. Now I have proof that my case is being rigged, don't I? I do, don't I My case is being rigged so I will automatically be found guilty, isn't it? It is, isn't it?
This is especially damning for the reputation of the rigged court since one of rigged court's documents (See attached) that I received clearly indicated that Dakota Co. is mandate to eFiling. The whole purpose of submitting my December 30, 2015 data request/discovery request was to have my evidence and public data to prepare for my first appearance on January 11, 2016. Neither Dakota Co. judicial officer Karen Asphuaug, Dakota Co. Court Administrator Carol Renn, Dakota Co. Attorney James Backstrom, Dakota Co. Chief deputy assistant co. attorney Philip Prokopowicz nor Assistant Dakota Co. attorney Kathryn Keena wanted me to be prepared for my rigged first appearance, did they? They didn't, did they?
Case No. 19HA-CR-15-4227 State of Minnesota vs Deirdre Elise Evavold 01/11/2016 First Appearance (9:00am) (Judicial officer, Asphaug, Karen) 01/11/2016 Waiver of Time Requirement for Hearing
02/02/2016 Demand/Request for Discovery Doc ID# 5
03/07/2016 Omnibus Hearing (9:00 AM) (Judicial Officer Asphaug, Karen)
At my first appearance on January 11, 2016 Assistant Dakota Co. attorney Kathryn Keena neither handed me my discovery nor did she hand me my readily available, free, electronic, pubic data before or after the rigged hearing. It was clear that to me that the the whole purpose of this malicious scam was to force me to plead guilty without ever seeing my evidence nor my my readily available, free, electronic, pubic data.
Foolishly, on February 2, 2016 I faxed a discovery request to Renn and Keena. I say foolishly since instead of receiving my readily available, free, electronic, pubic data and my discovery I received a fraudulent bill (See attached) in the mail for $210.00. First of all, there is no law that requires Page 1 of 4
Backstrom to charge me anything for my readily available, free, electronic, pubic data nor my discovery. Second, there is a law that requires Backstrom to give (email) me a free electronic copy of their data practice manual. Third, there is a law that requires Backstrom to justify his fraudulent bill. Fourth there is a law that prohibits Backstrom from mailing fraudulent bills. Fifth, there is a law that limits Backstrom charge for any data to me to actual costs. (Actual costs for a CD is only (2) two cents – not $15.00, right? Plus, (6) six CD can fit onto one (1) DVD, right?) Apparently, Backstrom thinks and acts like he is above the law since he has willfully refused to justify his fraudulent bill and willfully refused to provide proof that he is in compliance with the data practice laws. Instead, Backstrom just had his minion, Keena, send me another harassing letter. I have no confidence that I will receive a fair trial. I have a reasonable suspicion that rigging court cases is standard operating procedure in Dakota County. The real victim is the person who is on trial. There is no justice in Dakota County, is there? That must be why Samantha and Gianna Rucki ran away, huh? The only reason I am filing this legitimate criminal complaint is to prove that the Hasting Police department is just a much of a joke and the corrupt Dakota Co. attorney's office and the corrupt Dakota Co. Court.
___________________________________________________
Deirdre “Dede” Evavold
3015 30th St. Ct. S.
St. Cloud, MN 56301
Phone: 320-293-6233
Email: dedeevavold@hotmail.com
Trial-by-ambush can be very effective if you are are the party with all the aces up your sleeve, but many worthy persons believe justice suffers in the process. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West: 2007). page 144.
“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, Page 145.
Effective July 1, 2015, attorneys, government agencies, and guardians ad litem are now required to electronically file and serve documents in all court cases filed in the 11 eCourtMN pilot counties. This includes all cases filed in Cass, Clay, Cook, Dakota, Faribault, Hennepin, Kandiyohi, Lake, Morrison, Ramsey, and Washington counties. eFiling now mandatory for attorneys, agencies, GALs in 11 pilot counties, effective July 1 Posted: Wednesday, June 24, 2015 http://www.mncourts.gov/About-The-Courts/NewsAndAnnouncements/ItemDetail.aspx?id=1109
Subd. 4. Availability. The responsible authority shall make copies of the policies required under subdivisions 2 and 3 easily available to the public by distributing free copies to the public or by posting the policies in a conspicuous place within the government entity that is easily accessible to the public or by posting it on the government entity's Web site. 13.025 GOVERNMENT ENTITY OBLIGATION. https://www.revisor.mn.gov/statutes/?id=13.025&format=pdf
(d) ... Any fee charged must be clearly demonstrated by the government entity to relate to the actual development costs of the information. The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. 13.03 ACCESS TO GOVERNMENT DATA. https://www.revisor.mn.gov/statutes/?id=13.03&format=pdf
Copy Costs Minnesota Statutes, Chapter 13, allows, but does not require, government entities to Page 2 of 4
charge for copies of government data http://www.ipad.state.mn.us/docs/copycost.html
If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. Data Practices Policy for Data Subjects - If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Please use the notification information at the end of this model policy. Page 4 http://www.ipad.state.mn.us/docs/accesspolds.docx
In situations in which the requester clearly identifies the data sought, and the data exist (other than the compilation of the policy letters), the only thing that seems to be required of the government entity, in order to meet its statutory obligation, is to photocopy the data and provide it to the requester. 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. http://www.ipad.state.mn.us/opinions/1995/95042.html
We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Data Practices Policy for Data Subjects - If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Page 5 http://www.ipad.state.mn.us/docs/accesspolds.docx
http://www.ipad.state.mn.us/docs/actualcost.html Actual Cost – These can be included: Cost of media (paper, CD ROMs, DVDs, etc.) … Entities cannot charge search for and retrieval time when the requestor is the data subject.
Notice to Commissioner of Administration: Adoption of Model Policies [Name of entity] has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies [name of entity]’s obligation under Minnesota Statutes, section 13.073, subdivision 6. . Data Practices Policy for Data Subjects - If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Page 10 http://www.ipad.state.mn.us/docs/accesspolds.docx
Mail fraud. The use of the mails to defraud is a federal offense requiring the government to prove a knowing use of the mail to execute the fraudulent scheme. U.S. v. Dondich (C.A. Cal.), 506 F.2d 1009. Elements of “mail fraud” are a scheme to defraud and the mailing of a letter for the purpose of executing the scheme. U.S. v. Scoblick, D.C. Pa., 124 F.Supp. 881, 887. Black's Law Dictionary 5th Edition, page 858.
Using mail to to defraud. The elements of this offense are the formation of a scheme or artifice to defraud, and use of mails for the purpose of executing or attempting to execute such a scheme or artifice; the later element being the gist of the of the offense. 18 U.S.C.A. 1341. Stryker v. United States, C.C.A.Colo., 95 F.2d 601, 604, 605. The crime complete when mails are used in such scheme, and what happened subsequently is not controlling. United States v. Ames D.C.N.Y., 39 F. Supp. 885, 886. Black's Law Dictionary 5th Edition, page 1383.
Willful. Proceeding from a conscious motion of the will; voluntary. Intending the result which actually comes to pass; designed; intentional; not accidental or involuntary. Black's Law Dictionary. 5th Ed.. Page 1434.
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 Page 3 of 4
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. https://www.revisor.mn.gov/statutes/?id=13.09&format=pdf 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 https://www.revisor.mn.gov/statutes/?id=609.43&format=pdf Page 4 of 4
02-22-16 Update:
From: Burns, Pat [mailto:Pat.Burns@courts.state.mn.us]
Sent: Monday, February 22, 2016 7:11 AM
To: dedeevavold@hotmail.com
Subject: complaint against Dakota County Attorneys
Ms. Evavold,
Mr. Hird has forwarded to us your complaint against several Dakota County Attorneys. We will review that complaint to determine whether to investigate. For future reference, complaints against attorneys should be sent directly to this office rather than to individual members of the Lawyers Professional Responsibility Board. Complaints may either be mailed to us or submitted via our web site: http://lprb.mncourts.gov/complaints/Pages/default.aspx
Patrick R. Burns
First Assistant Director/Acting Director
Office of Lawyers Professional Responsibility
1500 Landmark Towers
345 Saint Peter Street
Saint Paul, MN 55102
651-296-3952
My email to "Special Star Tribune Correspondent" Michael Brodkorb:
from: Lion News lionnews00@gmail.com
to: michaelbrodkorb@gmail.com
date: Sun, Feb 21, 2016 at 7:41 PM
subject: News Flash: Dede Evavold files criminal complaint against corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz & Kathryn Keena?
mailed-by: gmail.com
Michael Brodkord, Special Correspondent with Star Tribune (612) 234-7154:
Just so you know, Dede Evavold filed a criminal complaint against your favorite corrupt Dakota Co. attorneys James Backstrom, Philip Prokopowicz & Kathryn Keena on Sunday, February 21, 2016. Did you get a secret decoder ring with your title of "special correspondent"? Inquiring minds want to know, don't they?
Terry Dean, Nemmers (320) 283-5713
P.S. I've successfully thrown monkey wrenches into more than one felony case, haven't I?
Criminal Complaint Against Corrupt Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz & Kathryn Keena For Illegally Withholding Readily Available, Free, Electronic, Public Data & Discovery For Rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise "Dede" Evavold? Dede Was Sent A Fraudulent Bill For $210.00, Wasn't She? She Was, Wasn't She? Dede Is The Victim, Isn't She? She Is, Isn't She? http://lionnews00.blogspot.com/2016/02/criminal-complaint-against-corrupt.html
More to come . . .
Related links:
Lion News: Rosemount Police Willfully Refuse To Obey Law And Take MacDonald To See Judge?
Lion News: Michelle MacDonald Threatened By GOP Errand Boy & Attorney Patrick Burns?
Lion News: Hastings Prosecutor Fluegel Poor Liar In Cover-Up Of Judge Knutson's Illegal Search?
Lion News: Dakota Co. Attorney Backstrom & Sheriff Bellows Abet Judge Knutson's Illegal Search?
Lion News: Rosemount's Demuth Called – Why Michelle MacDonald Not Taken To See Judge?
Dakota Co. Sheriff Dave Bellows Refused To Obey Court Order And Return Illegally Searched Camera Of Attorney MacDonald-Shimota? County Attorney James Backstrom Willfully Ignores Subpoenas For Security Video, Audio Recordings And Transcripts? Backstrom & Bellows Promoting Anarchy? Backstrom & Bellows Think And Act Like They Are Above The Law, Right? Why Should You Follow The Law If The So-Called Public Servants Won't, Huh?
Supreme Court Candidate Michelle MacDonald's DWI Blood Test? (Case No. 19-HA-CR-13-1371) Rosemount Police Arbitrarily & Capriciously Decided MacDonald Has No Right To See Judge? Only Corrupt Cops And Corrupt Judges Have Rights In Dakota County, Huh?
In The Minor Battle Of Wills (City Of Eagan VS. Terry Dean, Nemmers) We Can Declare An Early Victory, Can't We? The Victor Is Nemmers, Isn't It? (Thank You, Lord!) Fear Of Nemmers' Public Humilation Of City Of Hastings Mayor Paul Hicks Forced Eagan To Concede?
Due Process Violating Judge David Knutson Illegally Searches Camera? (Case No. 19HA-CR-13-2934) Hastings Mayor Paul Hicks Makes Malicious Harassment Claims To Try To Prevent Nemmers From Getting Data? City Of Hasting Illegally Withholds Pictures From Attorney MacDonald's Camera & Surveillance Video Of Abusive Imprisonment?
Whistleblower Tanner Homer Johnson (Case No. 19WS-CR-14-5638) Ends Up In Jail For Exposing City Of Eagan's Malicious Prosecution? Prosecutor Jerome M. Porter Conspired With State Judges & Dakota Co. Deputies To Obstruct Justice? You Can't Trust Any Arrest, Prosecution Or Conviction In Lawless Dakota County, Can You? Corrupt Courts Throwback To Stalin's & King Ahab's Show Trials?
Rogers Police Department Makes Lion News Part Of E-Roll Call? Rogers Police Keeping Up On Rigged Case For Hennepin Co. Sheriff Rich Stanek's Son, Ryan James Stanek By Reading Lion News? Rigged Case No. 27-CR-14-21295 State of Minnesota vs RYAN JAMES STANEK?
Scandal Alert! Disturbing Revelations About Rigged Criminal Case For Hennepin Co. Sheriff Rich Stanek's Son, Ryan? Dakota Co. Attorney James C. Backstrom & Hennepin Co. Attorney Michael O. "Mike" Freeman Forced To Give Nemmers & Others Criminal Complaint? Stanek's Criminal Complaint Mysteriously Sitting On Court Clerk's Desk And Not In State Court Computer System? Nemmers Isn't Stupid Enough To Fall For that Loony Tale, Is He? Still Beer Cans But Still Not Stanek's Incriminating Muddy Truck Pictures, Huh?
Scandal Alert! Rigged Criminal Case For Hennepin Co. Sheriff Rich Stanek's Son, Ryan? Two Different Set Of Laws, Right? Dakota Co. Attorney James C. Backstrom & Hennepin Co. Attorney Michael O. "Mike" Freeman Illegally Withholding Criminal Complaint From Nemmers & Others? Co. Attorneys Contemptuously Treating People Interested In Stanek's Criminal Complaint As Their Little Bitches? Nemmers Doesn't "Fetch," Does He? Beer Cans But Not Stanek's Truck?
Scandal Alert! Ask For Data On Hennepin Co. Sheriff Rich Stanek's Son, Ryan's Felony Destruction Of Park Property & Get Harassed By Three River Park District Police Lt. Ross Gullickson? Gullickson Sends Over 150+ Harassing Emails? Hugo McPhee, Director of Public Safety Makes Wild Claim He Didn't Hear Me Giving My Phone Number The Three (3) Times On Complaint Voice Mail? Teenager Angela Marie Tadych Was Arrested For Similar Mudding Crime - Case No. 34-JV-13-199?
Hennepin Co. Sheriff Rich Stanek's Son, Ryan's Felony Charges Filed As Result Of Nemmers' July 18, 2014 Phone Calls To City Of Independence & City Of Maple Plain? Bad Behavior By Independence Mayor Marvin Johnson & Clerk-Administrator Toni Hirsch Caught On Audio? Three Rivers Park Police Lurking On Website And Still Illegally Withholding Ryan Stanek's Incriminating Muddy Truck Pictures? Beer Cans At The Scene?
