to: nathan.gove@state.mn.us,
gcanne@runestone.net,
troy.johnson@co.grant.mn.us,
bill.lavalley@co.grant.mn.us,
Dwight Walvatne dwight.walvatne@co.grant.mn.us,
doyle.sperr@co.grant.mn.us,
keith.swanson@co.grant.mn.us,
jra@runestone.net,
mark.haberer@co.grant.mn.us,
gcnews@runestone.net
date: Feb 24, 2019, 7:43 AM
subject: Chapter 13 Data Request Grant County Sheriff's POST Board Compliance Reviews & Harassment Over Illegally Withheld High-Profile Data
mailed-by: gmail.com
Nathan R. Gove, POST Board Executive Director, 651-201-7788:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1. Grant County Sheriff's POST Board Compliance Reviews from 2015-2019.
Terry Dean, Nemmers (320) 283-5713
P.S. Hey do you want me to sign a complaint now or later for Grant County Sheriff Mark Haberer's 218-685-8280 illegal withholding of public data from me? What data? It's data from a high-profile criminal case, isn't it? Did you know that Haberer is illegally withholding his Grant County Sheriff's Department policy & procedure manual from me? Oh and Haberer is also illegally withholding his Chief Deputy Jon Comb’s and former sheriff/current county commissioner Dwight Walvatne's work-related continuing education data from me, isn't he? Motive? I have reason to suspect that Haberer is trying to cover-up the fact that Walvatne's preliminary audio recordings caught two missing girls being interrogated after the two girls demanded an attorney, haven't I? I have, haven't I? Did I forget to mention Haberer's wild and outrageous assertion that Walvatne magically and mysteriously couldn't fall back onto his training and record the high-profile encounter with the two missing girls? I didn't believe that fairy tale either, did I? I didn't, did I?
P.S. Hey how would you like to listen to my audio recordings with your corrupt sheriff Haberer? Hmm? Inquiring minds want to know, don't they?
P.S.S. Hey would you like to listen to my 04-29-16 audio recorded conversation with your corrupt former Grant County Chief Deputy Troy Langlie? Hmm? Inquiring minds really want to know, don't they?
P.S.S.S. Hey did you know that it looks like neither Douglas nor Gina Dahlen had a Miranda warning issued to them during Walvatne's raid? The policies and procedures really got tossed out the window on this one, didn't they?
Officers conducting all criminal investigations will, whenever possible, record oral victim and witness statements in lieu of written statements. Statement evidence obtained during an initial investigation can be very powerful evidence in determining the course of an investigation; ultimately impacting charging decisions and convictions. Policy 325 - Preliminary Investigation/Required Reports - Duluth Police Department Lexipol Policy and Procedure Manual http://www.duluthmn.gov/media/304979/release_20171106_t124845_duluth_pd_policy_manual.pdf
Compliance Reviews... MN POST Board “Each year the Board shall conduct compliance reviews on all law enforcement agencies.” Annual compliance review Goal: 90 visits per year. Visit all agencies every 5 years. MN POST Board 2 forms are e-mailed to each CLEO on or about September 1st. Deadline for returning the forms is the last Friday in September. Mandatory Policies in place? Alleged Misconduct #’s/Dispositions? Use of Force/Firearms/EVOC? Presentation - Minnesota Chiefs of Police Association by Nate Gove Executive Director 651-201-7788 Nathan.Gove@state.mn.us http://www.mnchiefs.org/assets/documents/CLEOCommand/post%20%20cleo%20%20cmmd%20academy%20june%202015.ppt
https://dps.mn.gov/entity/post/about/Documents/post-strategic-plan.pdf The POST Board’s philosophy is to serve as a resource and partner with stakeholders to ensure compliance with legislatively mandated policies and training. Since its inception, the POST Board’s licensing standards have been recognized as a model across the nation as Minnesota remains the only state to require all peace officers to obtain a post-secondary degree. The POST Board’s Standards Coordinators conduct on-site compliance reviews of law enforcement agencies throughout the state. Reviews ensure compliance with training standards, officer hiring practices and state-mandated policies in order to promote a more predictable and uniform state-wide delivery of public safety services. Agency Compliance The POST Board staff reviews all state law enforcement agencies over a period of five years.
Recross-Examination by Bruce Rivers – The Witness (Deputy Bryan Klassen):
Q; What is your training and experience when somebody asks for a lawyer? What are you supposed to do as an officer?
A: Stop questioning.
Q: And did you do that in this case?
A: No.
Mr. Rivers: Nothing further.
Omnibus Hearing, May 22, 2018, Case No. 61-CR-17-301 State of Minnesota vs Dean Lee Swerman
Q: Alright, date is 11/18/2015 time is 1430 hours, location is 20916 140 th street is that correct?
A: Yes. ...
Q: And I am speaking with Doug Dahlen, Doug can you state your full name and date of birth for me?
A: Douglas C. Dahlen, 09/18/62 ...
Q: Youth ranch, ok, the reason we came here today was we were investigating a two missing persons, ah Samantha and Gianna Rucki, ah we came to your house earlier today is that correct?
A: Yes.
Q: Ah myself, also ah Inspector Matt Rann from the US Marshall Service as well as a couple officers from the Grant County Sheriff’s office.
A: Correct
Q: Ok ah we ah spoke with you earlier told you why we were here, you told us that Samantha and Gianna were here, that’s correct?
A: Yes
Q: Ok and from what you under- from what you told me earlier, Samantha and Gianna were brought here by their mother, is that correct?
A: Right
LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 STATEMENT Date: 11/18/2015 Time: Location: 20916 140 th St. Herman, MN Statement of: Doug Dahlen Statement taken by: Det. Dronen Transcribed by: 2830 Page 2.
Anne O'Flynn, General Manager Grant County Herald & Chris Ray, Editor 218-685-5326 | 877-852-2796:
Hey, how would you like to do a front page story on me filing a Peace Officer Standard's and Training Board Complaint against your corrupt Grant County sheriff Mark Haberer for willful refusal to comply with the Minnesota government data practices act? It sounds like your corrupt former Grant County Sheriff/current Grant County Commissioner Dwight Walvatne is trying to illegally withhold his preliminary audio recordings of two high-profile missing girls Gianna and Samantha Rucki being interrogated after the two girls demanded an attorney, doesn't it? It does, doesn't it?
Terry Dean, Nemmers (320) 283-5713
P.S. Hey how would you like to listen to my audio recordings with your corrupt sheriff and your corrupt assistant county attorney? Hmm? Inquiring minds want to know, don't they?
Terry The attached documents contains all of the information available from the Grant County Sheriff’s Office pertaining to the Dahlen case. As with any report that goes public, if it involves the names and identities of juveniles, their names have been redacted for their protection. Also, if you are interested in inspecting the Grant County Sheriff’s Policy Manual as well as Chief Deputy Comb’s training file, you may do so at the Grant County Sheriff’s Office located in the Court House at 10 2nd St. NE in Elbow Lake, MN. Sheriff Mark Haberer from: Mark Haberer mark.haberer@co.grant.mn.us to: "lionnews00@gmail.com" lionnews00@gmail.com date: Jan 17, 2019, 4:33 PM subject: FW: Data Request mailed-by: co.grant.mn.us security: cass.mn.us did not encrypt this message Learn more
Supplemental Report ICR: 15003777 Title: 401 Last Modified: 12-18-2015 1249 Created By: Dwight Walvatne On Wednesday, November 18th, 2015 at approximately 1255 hours, Grant County Sergeant JON COMBS and myself went to the DOUGLAS and GINA DAHLEN residence along with the Lakeville Police Department and the US Marshall Service. Lakeville Detective JIM DROENEN had come to our office earlier this morning and had received a signed search warrant from Judge CHARLES GLASRUD to search the DAHLEN residence. A copy of this search warrant will be made part of this case file. XXXXXXXX XXX XXXXXX XXXXX had not been seen for approximately 2 1/2 years after their mother and father were in a bitter divorce battle. Detective DROENEN had information from a previous search warrant that the girls were possibly at the White Horse Ranch owned by GINA and DOUG DAHLEN after their disappearance from Lakeville 2 1/2 years ago. DOUG DAHLEN met us outside and DOUG stated that the girls are here. DOUG said the girls had been there for approximately 2 1/2 years after their mother had dropped them off at the ranch. DOUG DAHLEN also said that he has not heard from the mother or seen her for the past year. 18003954 - MN0260000 18003954 - MN0260000 DOUG brought us into the home and he brought two (2) females into the living room. They were identified as XXXXXXXX XXXXX and XXXXXX XXXXX. XXXXXXXX was upset and I heard her say that she was not going to go back to the cities and live with her father. XXXXXX did not say much. Both girls indicated that they did not want to talk about this situation. Detective DROENEN did take statements for both DOUGLAS DAHLEN and GINA DAHLEN. The XXXXX girls were transported back to Dakota County by a Lakeville P.D female detective and Detective JAMES DROENEN. Detective DROENEN did seize a laptop computer and two (2) iphones belonging to GINA and DOUG DAHLEN. The DAHLENS were told that Lakeville PD was going to have the computer and cell phones analyzed and they would bring the evidence back to them as soon as they could.18003954 - MN0260000 GRANT COUNTY SHERIFFS OFFICE INCIDENT REPORT ICR# 15003777 AGENCY ORI# MN0260000 JUVENILE: Reported: 11-18-2015 1255 First Assigned: 1255 First Arrived: 1255 Last Cleared: 1740 Committed Start: Committed End: Title: Agency Assist Assist In Locating How Received: Telephone Short Description: AGENCY ASSIST Location(s) Address: 20916 140TH ST City: HERMAN State: MN Zip: Country: Officer Assigned: Walvatne, Dwight Dt/tm Assigned: 11-18-2015 1255 Badge No: GR401DW Time Arrived: 1255 Primary: Yes Time Cleared: 1740 Officer Assigned: Combs, Jon Badge No: GR402 Primary: No
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. https://www.revisor.mn.gov/statutes/cite/13.09
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/cite/609.43
Mark Haberer, Sheriff 218-685-8280 & Justin Anderson, Grant Co. Attorney 218-685-5353:
Chapter 13 data request: Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format from your respective offices pursuant to 13.03 Subd. 3(e) and Gen. Rules Prac. Rule 14:
1.13.43 PERSONNEL DATA. Subd. 2. Public data, (7) work-related continuing education for Mark Haberer, Sheriff 218-685-8280 & Justin Anderson, Grant Co. Attorney from date of first hire until today's date. https://www.revisor.mn.gov/statutes/cite/13.43
2. Data from Grant County Sheriff's POST Board Compliance Reviews from 2015-2019.
3. I want the Grant County Sheriff's Department policy and procedure that you are currently illegally withholding from me. Email it to me immediately! I also want Chief Deputy Jon Comb’s and former sheriff/current county commissioner Dwight Walvatne's work-related continuing education data from date of hire to the date of my audio recorded conversation with you. Email that data to me immediately! I have reason to suspect that you are illegally withholding the preliminary audio statements recorded by Walvatne and Combs during the high-profile case for ICR: 15003777. Email the preliminary audio statements of Douglas and Gina Dahen and Gianna and Samantha Rucki to me immediately! The original files should be in DSS format. The DSS files should be able to be emailed to me with no problems. Stop harassing me and email me the data immediately!
Terry Dean, Nemmers (320) 283-5713
P.S. You don't mind if I share my audio recording of you with the newspaper and the POST board, do you? Hmm? Inquiring minds really, really, really want to know, don't they?
P.S.S. What part of stop interrogating suspects after they ask for an attorney don't you understand? Hmm? Inquiring minds really, really, really, really want to know, don't they?
Based upon the information obtained through analysis of Evavold’s phone and computer, I drafted a search warrant for 20916 140 th St. Herman, MN. The Dakota County Attorney’s Office also drafted a sealing order for the warrant as well. Lt. Polinski contacted the Grant County Sheriff’s Office and spoke with the Chief Deputy, Troy Langly, and was advised that they had contact with Dahlen due to his divorce, but no other contacts. On 11/18/15, I went to the Grant County Sheriff’s Office in Elbow Lake, MN, and met with Sheriff Dwight Walvatne and Sgt. John Cooks. Sheriff Walvatne and Sgt. Cooks were briefed about the investigation and what had led us to the Dahlen residence. Both advised that they have had contact with Doug Dahlen and believed that he would be cooperative. The search warrant and sealing order were signed by the Honorable Judge Glasrud. Sheriff Walvatne and Sgt. Cooks stated that they would assist with the warrant at the residence. Detective Helmueller, Detective Coughlin, and Detective Hakanson also responded to the area and were waiting in Herman, MN. Inspector Matt Moran from the US Marshal’s Service also responded to the area. It was determined that Sheriff Walvatne, Sgt. Cooks, Inspector Moran, and I would respond to the residence and attempt to interview Doug Dahlen, and if necessary, the rest of the team would respond to assist with the warrant. We arrived at 20916 140 th St and were met by Doug Dahlen just outside the residence. Sheriff Walvatne and Sgt. Cooks advised him of who we were and that we wanted to ask him some questions. I advised Doug that Inspector Moran and I were investigating a case involving two missing girls that we believed may have been brought to the ranch a few years earlier due to a contentious divorce process. At that time Doug advised us that the girls were in the house. I asked Doug how they got here, and he stated that their mother had brought them there a few years earlier. I asked him when he had last heard from their mother, and he had told me that it was over a year ago. He invited us inside and called Samantha and Gianna down from the upstairs bedroom. Samantha and Gianna came down, and immediately told us that they would not go back to their father. We told them that our first concern was their safety. I did ask them about the last time that they had heard from their mother, and they told me that they would not say anything without a lawyer. I asked Inspector Moran to stay with them, and I stepped outside to contact Lt. Polinski. I advised him that we had Samantha and Gianna, and asked him to start making calls to determine where they should be brought. I also contacted Detective Helmueller and advised them that we had the girls and asked them to respond to the scene as well. Upon their arrival, I asked Detective Coughlin to stay with the girls, as Doug had advised me that Samantha had issues with males. Lakeville Police Department Supplement Report Case/Incident Number 13001278 Officer: J. Dronen 4816 Current Date: 112115. Date Processed: 11/23/15.
On 11-18-15 I assisted Detective Dronen in executing a search warrant at the White Horse Ranch in Herman, MN. Detective Dronen first made contact at the White Horse Ranch with the US Marshall and once the girls were found, he notified us immediately. I had been waiting in the area and then responded to the White Horse Ranch. I sat with Samantha and Gianna Rucki while plans were being made to bring them back to Dakota County. Samantha and Gianna were very quiet however talked about the White Horse Ranch and their responsibilities there. While I sat at the kitchen counter with them Doug Dahlen made a comment to the girls that they knew they were going to have to face this sooner or later. The girls told me that they have been keeping up on their studies with home school materials. I asked them how the annual picnic was for the White Horse Ranch held back in September and they said they were in the house the entire time. The girls told me that they went to church a couple times when they first got to the White Horse Ranch but then Gina and Doug began having church at home. Both girls made it very clear to me that if they were forced to go with their dad, they would run again. The girls told me they had bad experiences with the therapist they were mandated to see before they ran. They also told me the guardian ad litem was never concerned about their thoughts or feelings. They said the guardian ad litem asked them questions about where their mom was hiding her money and wanted to know if she was putting the money overseas. The girls stated no one ever listened to them. LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 SUPPLEMENT REPORT OFFICER K. Coughlin #4812 CURRENT DATE 112315 CURRENT TIME 0930 INV ASSIGNED SENT TO County Attorney RECORD STATUS Pending DATE PROCESSED 11/23/15
It appears, from the copies of the correspondence between the Department and OAH, that all of the data sought by Ms. Kerr were clearly identified by her. The Department apparently did not, at any time, suggest to Ms. Kerr that the data did not exist, or were not public. It appears that the data, other than the policy letters, which needed to be compiled, ought to have been readily available. However, the Department did not provide Ms. Kerr with access to any of the data for five weeks. Advisory Opinion 95-042 October 31, 1995; Minnesota Department of Children, Families and Learning October 31, 1995 https://mn.gov/admin/data-practices/opinions/library/?id=36-267796
Related links:
Nemmers Obtains Some But Not All Confidential Criminal Investigative Data Illegally Withheld By Grant County In High-Profile Sandra Grazzini-Rucki (19HA-CR-15-2669) & Dede Evavold (19HA-CR-15-4227) Cases? Damning Evidence Is Still Being Illegally Withheld, Isn't it? It Is, Isn't It?
Demand For Grant County Administrative Investigation & Chapter 13 Data Request For High-Profile Samantha & Gianna Rucki And Douglas & Gina Dahlen Data?
Sandra Grazzini-Rucki Caught Stabbing Co-Defendant Dede Evavold In The Back Again? Sandra Trying For Money (Not Custody Of Kids, Right?) In A18-1721? Lying Sandra Leaves Dede On Hook In Case No. 19HA-CV-18-905 & 19HA-CV-18-4286? Oh "Homeless" Sandra Living With Laura Miesner, Isn't She? Want To See Pics With Boyfriend/Fiancée Micheal Rhedin? Sandra (19HA-CR-15-2669) Sabotaging Co-Defendant's Plans To Get New Trials In 19HA-CR-15-4227 - 19HA-CR-15-4229 - 19HA-CR-15-4230?
