Lion News: Itasca Co. Attorney Muhar & Capt. Silcox Illegally Withholding Herme’s Squad Video?
Korey Wahwassuck, Judicial Officer 02-08-19
C/O: Sean Jones, Court Administrator
123 NE 4th Street
Grand Rapids, MN 55744
Mailed U.S.P.S Certificate of Mailing
Re: Withdrawal of coerced plea agreements for Garth Herme in Case No. 31-VB-18-2212, 31- CR-18-488, 31-CR-18-3154, and 31-CR-18-2509.
I am asserting that I am a victim of coerced plea agreements(1) in Case No. 31-VB-18-2212, 31-CR-18-488, 31-CR-18-3154, and 31-CR-18-2509. And, as a victim of coercion, I am recanting my statements and I demanding that my coerced plea agreements be stricken from the record. I am represented by an attorney whose name is Gayle Lovejoy Atty Reg No #0151853 Assistant Public Defender. I do not feel that I had sufficient time to discuss my cases with my attorney. I am not satisfied that my attorney is fully informed as to facts of these cases. My attorney has not discussed possible defenses to the crimes that I might have committed. I am not satisfied that my attorney has represented my interests and has fully advised me.
I allege that Lovejoy willfully refused to provide me with a Form Number IFP103 – Form Name Supplemental Affidavit for Proceeding In Forma Pauperis (2). I wanted to get a copy of the transcripts of my hearing so I could prepare for trial and so I could file a complaint related to my case.
I allege that Lovejoy willfully refused to inform me that I could file a criminal complaint (3,4) against Itasca County Attorney John “Jack' Muhar, Itasca County Assistant Attorney Heather Marie Roy or Itasca County Assistant Attorney Todd Scott Webb for illegally withholding my Chapter 13.82 Subd. 7. Criminal investigative data from me in the above entitled cases.
I allege that Lovejoy willfully refused to inform me that I could have had Lovejoy file for sanctions (5) against Itasca County Attorney John “Jack' Muhar, Itasca County Assistant Attorney Heather Marie Roy or Itasca County Assistant Attorney Todd Scott Webb for illegally withholding my Chapter 13.82 Subd. 7. Criminal investigative data from me in the above entitled cases.
I allege that Lovejoy knew or should have known that I was a victim of trial by ambush (6,7). Lovejoy knew or should have known that I was a victim of trial by ambush by Itasca County Attorney John “Jack” Muhar's willful refusal to provide me with all my Chapter 13.82 Subd. 7. criminal investigative data when I was the subject of the data. Lovejoy knew or should have known Itasca County Attorney John “Jack” Muhar had willfully refused to comply with the State of Minnesota's ten (10) day time limit (11,12,13,14,15,16,17) on providing data to me, the subject of the data. [Note: 10/18/2018 Demand or Request for Discovery Index # 12]
I have reason to suspect that Lovejoy conspired with Itasca County Attorney John “Jack' Muhar in order to coerce me into taking a plea deal. I have reason to suspect the plea deal was only provided to me in order to prevent me from obtaining sworn testimony at my Omnibus hearing that would be not only embarrassing (18) to Itasca County Attorney John
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“Jack' Muhar but possibly implicate Muhar in criminal activity. I have reason to suspect that Lovejoy was willfully refusing to fall back on her training as a lawyer to cover-up obstruction of justice in your court.
Plus, Lovejoy would only give me some of my property aka my case files (19) to me only after I told her that I would report her to the Grand Rapids Police Department. Lovejoy never informed me that she reported Itasca County Attorney John “Jack” Muhar to the proper authorities (20). But, then again, neither did you, Wahwassuck. Shannon Leigh Green Standing Cloud did more for me and my cases than Gayle Lovejoy ever did. Shannon did more for me and my cases by recording all sorts of phone calls and conversations with people such as, State Patrol Captain Ron Silcox, Trooper Trevor Klatt, Grand Rapids Newspaper Editor Britta Arendt, the Itasca County Commissioners, Managing Attorney Layne Chido, the Grand Rapids Police and Muhar's office, etc.
Shannon was able to get Trooper Trevor Klatt to admit on audio that my squad audio/video actually had sound. All Lovejoy did was to coerce me out of the motion to dismiss my case, to coerce me out of my Omnibus hearing and to coerce me into a plea deal when the case should have been dismissed. As far as I am concerned, the only person who was 100% for me was Shannon.
Shannon also found out that other people had their evidence illegally withheld from them. You probably recognize the name of Jada Sawatzsky (23). When Shannon asked for data on Steve Kevin Lubbers Case No. 31-CR-18-1384 and Laurie Jean Henke Case No. 31-CR-18- 1383 Muhar began making wild and outrageous reasons why he wasn't going to provide public data on them. Muhar also willfully refused to provide Shannon with his policy and procedure manual for the Itasca County Attorney's office. See attached Memorandum To: Shannon Green From: John J. Muhar, Itasca County Attorney RE: Data Request/Shannon Green/Attorney Data, dated November 30,2018 County Attorney File No.: 18AD00099 Date: December 6,2018. Shannon also found out that the State Patrol has withheld evidence from Jesse James Alvord in Case No. 01-CR-16-29. (24). So, clearly this a not an isolated incident. Instead, this is a problem throughout the Ninth Judicial District.
I can see why cameras, video recorders and audio recorders are not freely allowed in Minnesota's courts. If cameras, video recorders and audio recorders were freely allowed in Minnesota's courts, then they could educate public that the courts in the Ninth judicial district have absolutely nothing to do with justice. And the public would learn that the law is broken to “enforce the law.” I do not believe that I can receive a fair trial in this court. I am recanting my guilty plea statement because they were coerced. FYI: This is also my complaint to the Ninth Judicial district chief judicial officer Paul T. Benshoof, the Minnesota Board on Judicial Standards and the Minnesota Lawyers Professional Responsibility Board.
_______________________________________________
Garth Herme
408 W 7th Ave PO Box 431
Keewatin, MN 55753
CC: Mailed U.S.P.S Certificate of Mailing
Britta Arendt, 301 1st Ave. NW, Grand Rapids, MN 55744
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Chief Judicial Officer Paul T. Benshoof 600 Minnesota Avenue NW, Suite 108, Bemidji, MN 56601-3068
Matti Adam, 123 NE 4th Street, Grand Rapids, MN 55744
John H. Fuller, 2025 Centre Pointe Blvd., Suite 180 Mendota Heights, MN 55120
Susan M. Humiston, 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218
Footnotes:
1. The judge will make an inquiry into the knowingness and voluntariness of the plea, and you must make sure that the judge covers all the bases and asks all the necessary questions. If she does not, then you must, by gentle reminder, or by asking the questions yourself, make sure that everything necessary is put on record. Common questions include the defendant's educational level, mental health history, understanding of the crime charged and the penalties, whether the defendant has been coerced into pleading, whether the defendant is satisfied with her attorney, and also the defendant's understanding of certain collateral effects of the plea. Some collateral effects which might be inquired into include the possibility of deportation if the defendant is an alien, and if the crime is a sex crime the possibility of being committed as a sexually violent predator at some future date. Finally the judge will inquire into the factual basis for the plea. Because the law frowns on people being punished for things that they did not do, as part of every plea the judge makes an inquiry to determine whether the defendant is actually guilty. The inquiry is not as rigorous as a full-blown trial, but she must find satisfactory evidence of guilt. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West:2007), Page 69.
2. Supplemental Affidavit for Proceeding In Forma Pauperis (IFP) http://www.mncourts.gov/mncourtsgov/media/CourtForms/IFP103.pdf?ext=.pdf
3. 2018 Minnesota Statutes 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.
4. 2018 Minnesota Statutes 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
5. Rule 9.03 Regulation of Discovery Subd. 8. Sanctions. If a party fails to comply with a discovery rule or order, the court may, on notice and motion, order the party to permit the discovery, grant a continuance, or enter any order it deems just in the circumstances. Any person who willfully disobeys a court's discovery order may be held in contempt. Minnesota Court Rules – Criminal Procedure Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases.
6. Thus, you need to make sure your criminal defense attorney holds prosecutors to their obligation to turn over ALL favorable evidence. Effective criminal defense attorneys are proactive: a defense attorney must not hesitate to seek sanctions against a prosecutor whom fails to uphold their Brady obligation. Ryan Pacyga, MN Attorney. https://www.arrestedmn.com/About/Firm-News/BRADY-OBLIGATIONS-MAKE- SUREYOURLAWYERGETS-ALL-OF-THE-EVIDENCE.shtml
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7. “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.
8. A spoliator of evidence in a legal action is an individual who neglects to produce evidence that is in her possession or control. In such a situation, any inferences that might be drawn against the party are permitted, and the withholding of the evidence is attributed to the person's presumed knowledge that it would have served to operate against her. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved. http://legal-dictionary.thefreedictionary.com/Spoliation+of+evidence
9. Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush. Minnesota Discovery Law: Evidence – Discovery – Minnesota Definitions https://evidence.uslegal.com/discovery/minnesota-discovery-law/
10. As we have stated, “trial by ambush” fell out of favor in the courts of this state over 50 years ago. Gale v. County of Hennepin Reset A A Font size: Print Supreme Court of Minnesota. Stuart E. Gale and Sandra W. Gale, petitioners, Stringer, J. and Lancaster, J. Relators, v. County of Hennepin, Respondent. No. C5-99-1349. Decided: May 11, 200 https://caselaw.findlaw.com/mn-supreme-court/1275639.html
11. Mn Stat. 13.04 Rights of Subjects of Data. Subd. 3. Access to data by individual. Upon request to a responsible authority or designee, ... The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.
12. 13.03 Access to Government Data. Subdivision 1. Public data. ... The responsible authority in every government entity shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use.
13. eCharging: Prosecutor electronically signs complaint; Benefits: Keeps process electronic; Overview: Instantaneous data transmission, no redundant data entry, reduced error rate, high transparency of workflow, less paper, no vehicles/fuel Benefits: Reduced time, reduced costs, more accurate data, and improved public safety Minnesota Criminal Complaint Process Comparison of Manual and eCharging Systems and Benefits CONTACT: Jill Oliveira 651-793- 2726. eCharging benefits - March 2011.doc
14. The Commissioner cannot opine on the proper application of the ethical rules governing the conduct of attorneys; that is strictly within the purview of the Courts. For further guidance, the Commissioner refers the County to the comments to Rule 4.2, in particular Comment 4. However, notwithstanding the attorney conduct concerns, the County’s obligation under the Data Practices Act to comply immediately or in ten business day with a data subject’s request is clear. (The Commissioner has also previously opined that the existence of litigation between a data requester and an entity does not relieve the entity of its data practices responsibilities. See Advisory Opinions 96-038 and 97-005.) As the Commissioner noted in Advisory Opinion 03-030: ... Opinion: Based on the facts and information provided, the Commissioner’s opinion on the issue is as follows: Carver County did not respond appropriately to a March 14, 2018, data request from a data subject because it did not provide access to the data within ten business days, pursuant to Minnesota Statutes, section 13.04. Signed: Matthew Massman Commissioner Dated: April 21, 2018. Advisory Opinion 18-005
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May 21, 2018; Carver County May 22, 2018.
15. Independent School District 709, Duluth Public Schools, did not respond appropriately to a March 2, 2018, data request from a data subject pursuant to Minnesota Statutes, section 13.04, because it did not provide any data to the requester in 10 business days. Signed: Matthew Massman Commissioner. Advisory Opinion 18-010 July 31, 2018; ISD 709, Duluth Public Schools
16. Mn Stat. 611.271 Copies of Documents; Fees. The court administrators of courts, the prosecuting attorneys of counties and municipalities, and the law enforcement agencies of the state and its political subdivisions shall furnish, upon the request of the district public defender, the state public defender, or an attorney working for a public defense corporation under section 611.216, copies of any documents in their possession at no charge to the public defender, including the following: police reports, photographs, copies of existing grand jury transcripts, audiotapes, videotapes, audio or video files on CD Rom or DVD Rom disc, copies of existing transcripts of audiotapes, videotapes, or audio or video files on CD Rom or DVD Rom disc and, in child protection cases, reports prepared by local welfare agencies. When files are provided on CD Rom or DVD Rom disc, the provider shall, upon the request of the public defender, include the software needed to open, view, or play the disc.
17. 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. October 31, 1995 Minnesota Department of Administration Data Practices Advisory Opinion 95-042.
18. Please take notice that January 9, 2019, @ 2:00P.M. before the Honorable Kory Wahwassuck, Judge of District Court, the undersigned will move the court for an order as follows pursuant to RCP 9.03(8). 1. Dismissing the above matter due to the State’s chilling of Defendants right to prepare a meritorous defense. On December 4, 2014 Defense brought a Motion to compel discovery in 31-CR-18-3154. The actual correct video in said file was received by the Grand Rapids Public Defending Office on December 26, 2018. (A previous squad/audio was sent which was only a small part of the squad/audio requested) A previous Ominibus Hearing was scheduled hence discovery should have been completed. Mr. Herme is being housed at the Morrison county jail. Mr. herme is back at the Itasca county Jail as of January 3, 2018. This leaves very little time for Mr. Herme to listen to squad/audio video, also, 2 new audio of witness statements, confer with counsel and have issues identified and be prepared for a Omnibus Hearing on October 9 2018. Notice of motion and motion. Dated January 5, 2019 by Gayle Lovejoy Atty Reg No #0151853 Assistant Public Defender 204 NE 3 rd St. Grand Rapids, MN 55744 (218)327-4181. 01/07/2019 Notice of Motion and Motion Index # 34 Case No. 31-CR-18-3154 State of Minnesota vs Garth Webster Herme & Case No. 31-CR-18-2509 State of Minnesota vs Garth Webster Herme
19. File contents belong to the client and must be turned over to the client upon request. Opinion 13: Copying Costs By William J. Wernz, Director Minnesota Office of Lawyers Professional Responsibility Reprinted from Bench & Bar of Minnesota (August 1989) http://www.mncourts.gov/GetForms.aspx?c=19 20. What this means is that he searched the vehicles at that residence when he knew he did not have prior judicial authorization and mislead everyone by representing that he got Judge Quam's authority to search the vehicles. Maybe Detective Serafin will have another explanation for what happened, and I'll leave it up to you to decide what happened in this case. I do not think Detective Serafin has appeared in my courtroom before, and I have nothing against him personally, but it's important that things like this do not happen in the
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future. The parties knew I was prepared to suppress the evidence (drugs) found in the car and the case eventually settled. Thank you for your attention to this matter. Sincerely, Fred Karasov, Judge of District Court. March 29, 2018 letter to Eden Prairie Chief of Police James DeMann. RE: State v. Timothy Holmes (27-CR-17-23450) & Detective Travis Serafin https://www.edenprairie.org/Home/ShowDocument?id=13985
21. Shannon Greene: Okay. Thank you very much for calling me back. I've been trying to give this statement for like two weeks now. 6:57-7:00/9:37 from 18311190 Green statement SP46.wav
22. Shannon Greene: Okay. Are you the one who pulled him over?
Trooper Trevor Klatt: Yes.
Shannon Greene: Okay. I I actually have questions about the squad audio.
Trooper Trevor Klatt: Yup.
Shannon Greene: Um. Are you allowed to patrol without it?
Trooper Trevor Klatt: I have squad audio.
Shannon Greene: Okay ...
Trooper Trevor Klatt: It's it's all submitted.
Shannon Greene: Okay. Garth testified to me that he doesn't he got the video but not the audio.
Trooper Trevor Klatt: No. There's audio. I watched the whole thing. I have it sitting right next to me.
Shannon Greene: Okay. You have audio.
Trooper Trevor Klatt: Yup.
Shannon Greene: Okay. Okay. Great.
Trooper Trevor Klatt: Yup. No, whenever we stop the um the mics it its video and audio. So.
Shannon Greene: Okay. This this um Garth told me that there is only video and not audio.
Trooper Trevor Klatt: Sure Shannon Greene: That was like a huge thing to me. Like, how can that be possible?
Trooper Trevor Klatt: Sure. Yup. No.
Shannon Greene: And it is and it's just not being provided to him.
Trooper Trevor Klatt: You. No. The um the ah. Whenever we turn on our lights our mics will turn on and our camera turns on. So. It was all there. It was all on recording. And that was all submitted to you. I submitted the video to Itasca county. Ah ah around Thanksgiving time. Because that is when they requested it. They sent me the email. So.
Shannon Greene: Alright. 7:59-9:20/9:37 from 18311190 Green statement SP46.wav
23. Lion News: Corrupt Judge Wahwassuck & Itasca Co. Illegally Withhold 14 YOA Sawatzsky Evidence?
https://www.youtube.com/watch?v=fSpQAk-0HqQ
24. Lion News: Riverwood’s Lab Tech Says Aitkin Co. Sheriff Turner’s Handling Of Alvord’s Case “Weird”?
https://www.youtube.com/watch?v=rF0skptSE0c
Lion News: Capt Dwyer Conspires W/ Aitkin Co. Attorney Ratz To Illegally Withhold Alvord Evidence?
https://www.youtube.com/watch?v=hqBSP-2zLFY
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More to come ...
Related links:
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Municipal Liquor Store (Case No. 36-CR-15-570), Didn't He?
Itasca
Co. Sheriff Vic Williams Tampering With Witnesses In Case No.
31-CR-15-571 State Of Minnesota VS (TRIAD/SALT Treasurer) Itasca Co.
Admin. Records Anna Marie Cass (Vic's & Chief Judge LeDuc's "Girl
Friday", Right?) Lake Co. Attorney Laura M. Auron ( And Lake Co. Sheriff
Carey Johnson, Right?) Caught Illegally Withholding Readily Available
Free Electronic Public Data? How Can Lake Co.'s Auron Be Trusted To
Investigate And Prosecute "Good Ol Boy #2" Williams If She Can't Be
Trusted To Fulfill A Simple Data Request Without Breaking The Law, Huh?
Chapter
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Itasca
Co. Sheriff Vic "Good Ol' Boy #2" Williams Sends John Lom Threatening /
Harassing / Illegal Demand Letter For Gun Permit? No Surprise, Right?
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Case No. 31-CV-14-3366? Or Retaliation For Nemmers Looking Into Richard
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