Cari Gerlicher, Corrections Investigations Manager 02-27-17
Department of Corrections
1450 Energy Park Drive, Ste. 200
St. Paul, MN 55108
Phone: 651-642-0419 Mailed: U.S.P.S. Certificate of Mailing
Email: cari.gerlicher@state.mn.us
This is my formal complaint against Aitkin County Sheriff Scott Turner for willfully refusing to provide me with my readily available, free, electronic jail data; for harassment, abuse and false imprisonment; and for subjecting me to medically and legally unnecessary tests. I have reason to suspect that Turner’s ultimate goal is to force me to plead guilty without ever receiving all my evidence/jail data or that I be found guilty without ever receiving all my evidence/jail data. Aitkin County Sheriff Scott Turner has willfully refused to reply to my January 18, 2017 Chapter 13.85 data request for my readily available, free, electronic, January 11, 2016 jail data. See attachments.
from: Jesse Alvord jessjames008@gmail.com to: tom.roy@state.mn.us, sheriff2@co.aitkin.mn.us, Lion News lionnews00@gmail.com, scott.turner@co.aitkin.mn.us date: Wed, Jan 18, 2017 at 10:39 AM subject: Subject: Jail Data and magically & mysteriously missing evidence for State Of Minnesota Vs Jesse James Alvord 01-CO-16-13 & Case No. 01-CR-16-29
According to the MN Commissioner of the Dept of Administration’s IPAD publication Can I ask for that? " Not responding is not a proper response" to a Chapter 13 data request. Minnesota Department of Administration Advisory Opinion 95-042 states that a response to a request for readily available data should be provided “within a matter of days, not weeks." Finally, the MN Commissioner of the Dept of Administration’s Model Data Practices Policy for Data Subjects says "We will respond to your request within 10 business days."
Means, motive and opportunity. Public records indicate that Turner has collected and stored my jail records in electronic format with his Zuercher Technologies software. Turner has had the opportunity from January 18, 2017 until today’s date to comply (Chapter 13.09 & 609.42(1)) with my Chapter 13.85 data request. I have a reasonable suspicion that Turner is motived to illegally withhold my jail data for a variety of reasons. Motive #1: There is no dash camera evidence to backup the wild and outrageous claim that Deputy Bennett spoke to me about an alleged odor of burnt marijuana that he allegedly detected coming from my vehicle. Which means that Turner had neither the probable cause to search my vehicle nor he probable cause to falsely imprison me. Maybe that is why my so-called public defender Jeffrey J. Haberkorn made sure that I received my copy of Bennett’s dash camera video and my booking video on the exact day (November 1, 2016) that my trial was scheduled?
Motive #2: The Booking video clearly shows Aitkin County corrections officers endangering the safety and security of the facility and endangering the safety and security of the Aitkin County prisoners. The
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Booking video actually shows the security door being propped open by a garbage can. The garbage can is seen propping open the security door the entire length of the Booking video. See Figure #1, #2, & #3. Figure #2 shows a corrections officer not checking on the prisoner in the the cell with the backpack hanging off of the door handle. Figure #3 shows the cell is occupied by a prisoner. According to public records, Aitkin county has a well-documented history of endangering the safety and security of the facility and endangering the safety and security of the Aitkin County prisoners by willfully refusing to do well-being checks on prisoners. (No water in a cell is a violation, right?)
Chapter 2911 - Mandatory Rules Not In Compliance - I reviewed the logs for 11/01/2015 but was unable to determine if well-being checks were completed as required because the officer did not always state which post they were at. A review of a camera showed a gap of well-being checks from 03:42-05:26. INSPECTION DETAILS FOR: Aitkin County Jail Inspected By: Inspected on: Diane Grinde ±#Senior Detention Facility Inspector 11/23/2015 to 11/24/2015
Motive #3: The booking video shows that I am harassed, abused and maliciously subjected to a second legally unjustified field sobriety test. See Figure #1. Deputy Bennett is not a Drug Recognition Expert (DNR). Yet, Bennett is harassing me and abusing me on the Booking video with a second legally unjustified filed sobriety test. At this point in time it was clear to me that Bennett was not investigating a case but instead attempting to maliciously manufacture a bogus case against me.
Bennett: Remember when I said your eyes were a little contracted out there?
Alvord: Yeah.
Bennett: Okay, I just want to take a look at your pupils again.
Bennett: (Shines light in both eyes) They’re still really contracted. Are you … are you thinking that ah your eyes are normally that contracted? Or have you...
Alvord: Yes.
Bennett: … or have you been told that before?
Alvord: Yes.
Bennett: Okay. Who … Who told you.
Alvord: I don’t l know. All the other officers. Because I’ve falsely accused a lot by officers. So. I’m not saying you’re doing it. ICR#: 1600119 01-11-16 Booking video. At approximately 6:35-7:17/49:07
You’ll have to forgive me if my transcribing isn’t on par with an official court verbatim transcript of the booking video. Even though I have been subjected to a 02/01/2016 Omnibus Hearing, a 02/16/2016 Contested Omnibus, a scheduled/canceled 08/08/2016 Jury Trial, a scheduled/canceled 11/01/2016 Jury Trial and a scheduled 03/20/2017 Jury Trial I still have not received a verbatim transcript in searchable pdf format of the 01-11-16 Booking video nor a verbatim transcript in searchable pdf format of Bennett’s dash camera video. (Policy Regarding Transcripts of Audio/visual Recordings Adopted by the Ninth District Bench on August 24, 2007.) In fact, magically and mysteriously I still haven’t received the missing dash camera video for either Minnesota State Patrol Officer Joe Setnes #494 or Aitkin County Deputy Jon Cline #204. Obviously, I haven’t received a verbatim transcript in searchable pdf format for those magically & mysteriously missing dash camera videos either.
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Motive #4: I was subjected to a medically unnecessary and illegal blood draw. After Bennett failed to harass/dupe me into confessing to something that I didn’t do Bennett also failed to harass/dupe me into submitting to an unnecessary and illegal chemical test . I demanded a warrant.
At the Forensics@NIST conference in November, Lovestead gave a presentation describing her work to identify other chemical markers indicative of marijuana intoxication. She is focused on creating noninvasive, portable breath tests for Δ9-THC that can indicate recent marijuana usage from 30 minutes to 2 hours prior—the only real way to determine if a user is driving under the influence of marijuana. Roadside Marijuana Breathalyzer Can Detect 'High Driving' Wed, 02/15/2017 - 8:00am by Michelle Taylor - Editor-in-Chief laboratoryequipment.com
Bennett’s tag-team partner Deputy Jon Cline also failed to harass/dupe me into making an 4:00 am audio statement. This is where my illegally withheld jail data would come really handy. Allegedly between the hours of 4:00 am and 7:00 am Deputy Bennett drove 41 min/32.2 miles from the Aitkin County Jail at 217 2nd St NW, Aitkin, MN 56431 to Judge Earl E. Maus’ residence at 13098 Kingwood Dr S, Baxter, MN 56425. Yet, there is no record of Bennett ever going to the Maus residence. I have reason to suspect that Maus actually came to work around 7:00 am and signed the illegal warrant for the medically unnecessary blood draw. Terry Dean, Nemmers has told me he has spoken with the laboratoty personnel at the Rivewood Hospital about the timeline of the medically unnecessary and illegal blood draw. Nemmers went from the January 11, 2016 traffic stop at approximately 1:34 am to the illegal implied consent testing that started at approximately 3:22 am and end at approximately 3:57 am to the 7:30 am medically unnecessary and illegal blood draw. According to Nemmers, the Rivewood Hospital personnel agreed in his audio recorded phone call that the blood draw would not have been justified. Nemmers said he will provide me with a copy of the call. Obviously, you can’t trust any arrest, prosecution nor conviction in Aitkin county. Now I have even less trust in Mn’s legal system.
_____________________________________________
Jesse James Alvord
9207 County Road 138
St. Cloud, MN 56301
Attachments: January 18, 2017 email & signed informed consent form
CC: Adam Hoogenakker, Editor, Aitkin Independent Age 213 Minnesota Ave. N. PO Box 259 Aitkin, MN 56431
Jenna Ross, Star Tribune Media Company LLC, 650 3rd Ave. South, Suite 1300, Minneapolis, MN 55488
Terry Dean, Nemmers 20179 County Road 28, Glenwood, MN 56334
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More to come . . .
Related links:
Jesse Alvord's Jail Data Request To Corrupt Aitkin Co. Sheriff Scott Turner? Alvord Asks Where Oh Where Is The Missing Dash Cam Video, Right? Also Asks If Backstabbing Public Pretender Jeffrey J. Haberkorn 218-927-6913 Asked About The Missing Video Or The Missing Data For Deputy Bennett's #225 Apparently Unnecessary Forty-Two (42) Minutes Drive Of 42 miles (Actually 39.2) To Judge Earl Maus's Residence? More Monkey Wrenches Tossed Into Rigged Cases Case No. 01-CO-16-13 & Case No. 01-CR-16-29 State Of Minnesota Vs Jesse James Alvord, Right?
Aitkin County Sheriff Scott Turner Being Aided & Abetted By Timothy G. Thompson Corrections Alternative Program Manager Minnesota Department of Corrections 651-361-7147? Thompson Will Help In Cover-Up Just Like He Aided & Abetted Corrupt Sherburne Sheriff Joel Brott In The Illegal Withholding Of Nemmers' 2012 Jail Data, Right? Thompson's Fraudulent DOC Bill Of $1,147.35? Jesse Alvord & Nemmers Both Vicitims Of Prison Harassment, Right? The Rag Called The Aitkin Independent Age Is Involved In Cover-Up, Right? Don't Forget About Illegal Search & Seizure For 01-CO-16-13 & Case No. 01-CR-16-29 State Of Minnesota Vs Jesse James Alvord, Okay?
Aitkin County Sheriff Scott Turner Caught Endangering Safety & Security Of Aitkin County Jail In His Own Surveillance Video? Security Door Propped Open With Garbarge Can? Prisoners Not Checked On During Rounds? Prisoners With No Water In Cells? Backpacks Hanging On Jail Doors? Co. Attorney Jim Ratz Should Have Dropped Case No. 01-CO-16-13 & Case No. 01-CR-16-29 State Of Minnesota Vs Jesse James Alvord Long Before Nemmers Got Ahold Of Alvord's Data, Right? Psst Illegal Search & Seizure, Right? State Of Minnesota - Aitkin IP Address 136.234.3.13 Lurking & Skulking On Lion News Instead Of Fulfilling Data Requests??
