from: Hoeschen, Michele Michele.Hoeschen@co.dakota.mn.us
to: "lionnews00@gmail.com" lionnews00@gmail.com
date: Dec 22, 2020, 10:13 AM
subject: Nemmers Data Request (DT-20-14-29)
mailed-by: co.dakota.mn.us
signed-by: CO.DAKOTA.MN.US
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Mr. Nemmers:
The Dakota County Attorney’s Office has reviewed your data request dated December 16, 2020. Please see the responses below.
1. Request: “Application for warrant and warrant issued for fugitive Jessica Hartger aka Jessica Cook for 19HA-CR-19-2768, 19AV-CR-20-8575, 19AV-CR-20-8574, 19AV-CR-20-8573, 19AV-CR-20-8572, 19AV-CR-20-8571, 19AV-CR-20-8570, 19AV-CR-20-8569, 19AV-CR-20-8547, 19AV-CR-19-11836.”
a. Response: The Dakota County Attorney’s Office is prosecuting Court File No. 19HA-CR-19-2768. All other court file numbers above are being prosecuted by city attorneys. Pursuant to Minn. Stat. section 13.393, “The use, collection, storage, and dissemination of data by an attorney acting in a professional capacity for a government entity shall be governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility” and such data are not governed by the Minnesota Government Data Practices Act. Please contact Dakota County Court Administration for any public court filings.
2. Request: “Documentation from court proceedings in which fugitive Jessica Hartger aka Jessica Cook sought and obtained permission to leave the state of Minnesota to go to the state of Colorado for ‘#coloradoadventures.’”
a. Response: The Dakota County Attorney’s Office does not have data responsive to the request.
Dakota County Attorney’s Office
1560 Highway 55 | Hastings MN 55033
651-438-4438 | www.co.dakota.mn.us/Government/Attorney
Our Office welcomes and encourages diversity.
Our mission is to promote justice, public safety, and effective government by prosecuting crime, protecting those in need, and
representing Dakota County.
Note: This email and its attachments may contain information protected by state or federal law or that may not otherwise be disclosed. If you received this in error, please notify the sender immediately and delete this email and its attachments from all devices.
from: Lion News lionnews00@gmail.com
to: "Hoeschen, Michele" Michele.Hoeschen@co.dakota.mn.us,
Jim Backstrom Jim.Backstrom@co.dakota.mn.us,
melanie.lee@burnsvillemn.gov,
macheal.collins@burnsvillemn.gov,
Elliott Knetsch eknetsch@ck-law.com,
tanya.schwartz@burnsvillemn.gov,
Lynn Lembcke Lynn.Lembcke@burnsvillemn.gov,
Cory.Monnens@co.dakota.mn.us
date: Dec 22, 2020, 11:55 AM
subject: Re: Nemmers Data Request (DT-20-14-29)
mailed-by: gmail.com
Melanie Mesko Lee, City Manager 952-895-4535, Macheal Collins, City Clerk 952-895-4490, Tanya Schwartz, Police Chief 952-895-4593 & Elliott B. Knetsch, Assistant City Attorney 651-234-6233:
Did you just tell me to "Go to Hell!" again? Did you know that your buddies Dakota County Attorney Jimmy Backstrom & Assistant Dakota County Attorney Cory B. Monnens Cory B. Monnens just told me to "Go to hell!", also? You're all really upset that I am looking into the fugitive Jessica Hartger's aka Jessica Cook's cases, aren't you?
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. Work-related continuing education from date of appointment until today's date for Assistant Burnsville City Attorney Elliott B. Knetsch and Burnsville City Attorney Andrea McDowell Poehler.
2. City of Burnsville City Attorney's office general policy and procedure manual and prosecution policy and procedure manual.
3. Clarification: Is your repeated willful refusal to provide me with the case no. 19AV-CR-20-8547 application for warrant and warrant issued for fugitive Jessica Hartger aka Jessica Cook another "Go to Hell!"? Do you keep telling me to "Go to Hell!" because you had no legal nor factual basis for requesting the warrant? Hmm? Inquiring minds want to know, don't they?
Terry Dean, Nemmers 320-283-5713
P.S. Isn't it true that the data contained in Adam Medlicott Training File.pdf, Jeffrey Klingfus Training File.pdf, Tanya Schwartz Training File.pdf, Salary_Info_for_Klingfus__Schwartz__Medicott.pdf indicates that Burnsville Chief of Police Tanya Schwartz knew or should have known that Burnsville Officer/Detective Jeff Klingfus perjured himself when he made this false statement in the probable cause statement for Case No. 19AV-CR-20-8547 State of Minnesota vs Jessica Danielle Hartger: "The defendant’s arrest is necessary to prevent imminent harm to C.A.M."?
Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. ... Peace officers shall truthfully, completely, and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. PROFESSIONAL CONDUCT OF PEACE OFFICERS MODEL POLICY MN STAT626.8457
https://dps.mn.gov/entity/post/model-policies-learning-objectives/Documents/Professional-Conduct-of-Peace-Officers-Model-Policy.pdf
13.43 PERSONNEL DATA. (7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and https://www.revisor.mn.gov/statutes/cite/13.43
1. County Attorney's Office Files Pursuant to Minn. Stat. Sec. 13.393, all files of the St. Louis County Attorney's Office are governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Requests for access to office files from the public are referred to and coordinated by the head of the Civil Division. No file shall be made available to the general public until a showing of need has been made and the approval of the County Attorney has been obtained. ... 2. Contact with the Media Media contact shall be handled by the attorney assigned to the file. Attorneys who have had contact with the media should inform the County Attorney and their division head, via e-mail, of the nature of inquiry and information provided. On non-high profile cases, unless otherwise instructed by the County Attorney or your division head, assistant county attorneys may directly disclose the following information: a. Verification of factual information contained within a complaint or answer after it has been filed; and responses to inquiries as to dates of hearings and continuances, or general status of the case. b. General information concerning a verdict or decision in a trial or hearing immediately after it is rendered (post-trial interviews outside the courtroom door, etc.). c. Explanation of the duties and responsibilities of the County Attorney’s Office.. GENERAL OFFICE POLICIES P a g e | 19, 22 Office Policy Manual Updated September, 2017 St. Louis COunty Attorney's Office
Jimmy Backstrom, Dakota County Attorney & Cory B. Monnens Cory B. Monnens Assistant County Attorney 651-438-4438:
Did you just tell me to "Go to Hell!"? That isn't very nice, is it? Is the reason why you are willfully refusing to comply with the Minnesota Government Data Practices Act is because complying would go against your Sovereign citizen belief system? Or is it in retaliation for me proving that you illegally obtained a warrant for corrupt Dakota County Judicial Officer David Knutson based on a law that was deemed to be unconstitutional? Hmm? Inquiring minds want to know, don't they?
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. Dakota County Attorney's Office General policy and procedure manual and prosecutor's policy and procedure manual.
2. Work-related continuing education from date of first employment to today's date for Jimmy Backstrom, Dakota County Attorney & Cory B. Monnens Cory B. Monnens Assistant County Attorney & Michele Hoeschen.
3. So when are you going to stop telling me to "Go to Hell!" and email me that readily available, free, electronic public data that you are legally required to provide to me? Hmm? Inquring minds really want to know, don't they?
Terry Dean, Nemmers 320-283-5713
P.S. How many times did Cody Meyers perjure himself in Case Number 19AV-CV-19-2297? Cody Austin Myers vs. Jessica Danielle Hartger? Inquring minds really, really want to know, don't they? Is that why you magically and mysteriously want a 01/25/2021 Scheduling Conference (10:00 AM) (Judicial Officer Awsumb, Robert) for Case No. 19HA-CR-19-2768 State of Minnesota vs Jessica Danielle Hartger?
P.S.S. Are you kicking yourself for not having that "Do not leave Minnesota without written court approval" requirement on the interim conditions of release?
Case No. 19HA-CR-19-2768 State of Minnesota vs Jessica Danielle Hartger
10/23/2019 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
11/15/2019 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
12/09/2019 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
02/07/2020 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
02/24/2020 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
03/04/2020 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
05/13/2020 Interim Condition for Hartger, Jessica Danielle - Do not leave Minnesota without written court approval
07/21/2020 Interim Condition for Hartger, Jessica Danielle - Do not enter victim's residence - Sign all releases of information - Conditions, other - Keep court/attorney informed of current address - No contact with victim(s) - No trespassing - Random testing - Remain law-abiding - Make all future court appearances - Sign Waiver of Extradition - No use or possession of firearms or dangerous weapons - Domestic No Contact (DANCO) - No Threatening or Assaultive Behavior - No alcohol/controlled substance use - No Social Media, No Internet - Post Bail or Bond with Conditions $30,000.00
08/21/2020 Interim Condition for Hartger, Jessica Danielle - Do not enter victim's residence - Sign all releases of information - Conditions, other - Keep court/attorney informed of current address - No contact with victim(s) - No trespassing - Random testing - Remain law-abiding - Make all future court appearances - Sign Waiver of Extradition - No use or possession of firearms or dangerous weapons - Domestic No Contact (DANCO) - No Threatening or Assaultive Behavior - No alcohol/controlled substance use - No Social Media, No Internet - Post Bail or Bond with Conditions $35,000.00
10/02/2020 Order for Conditional Release Index # 119
01/25/2021 Scheduling Conference (10:00 AM) (Judicial Officer Awsumb, Robert)
https://www.revisor.mn.gov/statutes/cite/13.03 13.03 ACCESS TO GOVERNMENT DATA. Subd. 3.Request for access to data. (a) Upon request to a responsible authority or designee ... Subd. 12.Pleadings. Pleadings, as defined by court rule, served by or on a government entity, are public data to the same extent that the data would be public if filed with the court.
On March 12, 2018 I received an e-mail from Analyst Bratager with his analysis of the IP address data. He was able to determine that cell phone number, 206-258-1908 had been a common number assigned to the IP addresses involved in five of the six posts. Using law enforcement databases I was able to determine that phone number's provider was Verizon Wireless and likely being "ported" from another number for the suspect to remain anonymous. On April 9, 2018 I sent an administrative subpoena signed by the Dakota County Attorney to Twitter asking for basic subscriber information related to account "@johnsonmedia2". Twitter had created a law enforcement portal which would allow us to flag illegal content for review and possible removal from the web site. Judge Knutson said his primary concern was for the defamatory content to be removed as the general public may believe the information was true and would damage his public reputation. I explained the complex measures the suspect was taking to remain anonymous. I explained to Judge Knutson that we would attempt to locate the account user and if that failed would request Twitter remove the posts due to their illegal defamatory content. Judge Knutson agreed with that course of action and appreciated our continued efforts with this investigation. On April 12, 2018 I received a notice from Twitter's legal team which explained they would not provide IP address information as Minnesota administrative subpoena's did not comply with California criminal proceedings (Cal. Penal Code § 1334) . They also would not recognize the Minnesota statute related to non-disclosure and would alert the user to any legal requests from law enforcement. Twitter legal team advised that with a search warrant and Federal non-disclosure order (18 U.S.C. § 2705(b)) they would provide IP address information and not alert the user of the legal process request. At this time Sergeant Wayne and I determined the most reasonable course of action based upon the nature of this case would be to create an informal request to Twitter for the defamatory posts to be removed. n April 23, 2018 I sent a request to Twitter to have both aforementioned posts removed from the website and the user "@johnsonmedia" to be notified such content was illegal and in violation of their terms of service. In my request I cited violation of Minnesota state statute 609.765 as the legal reason for my request. Twitter responded with a confirmation that request was received and that it would be reviewed by their legal team. This case will be closed as inactive. jm422 PARTIES INVOLVED PERSON 1 Role(s): Victim Last: Knutson First: David Middle: Sex: Male Race: Height: Date of Birth: Refused / Unavailable Weight: Hair: End of report. Residence: 1560 Highway 55; Hastings, MN 55033 Residence Type: GOVERNMENT/PUBLIC BUILDING Residence Description: Court House OFFENSE INFORMATION Level Description Agency CaseNumber Type Description Dakota Investigations 17900122 Incident-Reference Related investigation involving Twitter user Type Charge Level DescriptionStatute 609.765.2 Gross Misdemeanor Criminal Defamation-Acts Dakota Investigations (MN0190000) Pages 2-3 of 3 Report Generated by: -() Creation: Brian Eells 2018-04-23 15:21:07
SYLLABUS Minnesota Statutes section 609.765 (2012), which criminalizes defamation, is unconstitutionally overbroad. … DECISION Minnesota Statutes section 609.765 criminalizes true statements and statements made without “actual malice.” Because the statute penalizes protected, as well as unprotected speech, it is unconstitutionally overbroad and in violation of First Amendment protections and is not susceptible to a narrowing construction. Accordingly, we reverse appellant’s conviction under section 609.765. Reversed. State of Minnesota in Court of Appeals A14-1408 State of Minnesota, Respondent, vs. Timothy Robert Turner, Appellant. Filed May 26, 2015 Reversed Reilly, Judge Isanti County District Court File No. 30-CR-13-657.Case Information Case Number: A14-1408 Filing Date: 08/15/2014 Jurisdiction: Court of Appeals Status: Closed ORCA: Isanti County District Court Hearing Type: Oral Classification: Standard - Criminal - Conviction or Order (Defense Appeal) Short Title: State of Minnesota, Respondent, vs. Timothy Robert Turner, Appellant Full Title: State of Minnesota, Respondent, vs. Timothy Robert Turner, Appellant Summary: Citation: 864 N.W.2d 204 (Minn. App. 2015) - Hide Party Information Party Information MACS ID Appellate Role Party Name Attorney(s) 248238 Amicus Electronic Frontier Foundation ERICK GREGG KAARDAL Eugene Volokh 259219 Appellant Timothy Robert Turner JOHN THOMAS ARECHIGO 13942 Respondent State of Minnesota :: Attorney General - Criminal JEFFREY RAY EDBLAD DEANNA NICOLE NATOLI Associated Documents Opinion – Published
https://macsnc.courts.state.mn.us/ctrack/document.do?document=b946a770a6fbbf85d1d44ca57aaee4c89947c6ead67920b433df91145913f469
4.14 Dealing with the Media Press Conferences The County Attorney, of course, retains the prerogative of addressing the media, particularly when any major crime is receiving attention across the state. Thus, on major 28cases consult with the County Attorney before communicating with the media. On rare occasions, the County Attorney may wish to hold a press conference. No prosecutor may hold any press conference without direct consultation and approval of the County Attorney. Case Updates for the Media Conversely, there are many cases on the local level, usually involving only the local papers, in which the County Attorney has no actual knowledge and in these instances the charging prosecutor is expected to deal with the media since only the charging attorney is in the best position to be in possession of the necessary facts. These situations do not involve any detailed interview or press conference but are rather media contacts in which public information is readily conveyed to the press in a free and open society. In these situations, the prosecutor shall follow these guidelines: 1) be polite; be calm; use short, simple sentences; avoid jargon; 2) be prompt in returning calls; know your facts and relate them in a concise and straightforward way; this is not an appropriate time for levity; if you don’t know an answer, DO NOT guess. Tell the media person you will check and get back to them before the end of the day; 3) be free with public information regarding charges actually filed with the Carver County Court Administrator, procedural status and calendar dates. Indicate that unless sealed by the court, anything the County Attorney’s Office filed with Court Administration is public data and the media is free to contact the Court Administrator to obtain a copies; 8 4) DO NOT make any pre-trial comments on the weight, sufficiency or quality of the evidence; do nothing that might adversely impact jury selection or otherwise raise the specter of “undue” pretrial publicity; DO NOT give personal opinions about the case or the personalities involved; DO NOT reveal any information or confidences that would jeopardize any ongoing investigation. 5) Treat all media fairly and equally (do not pick favorites); remind all media that they are invited to attend any and all court hearings open to the public; 6) Regardless of what they say, assume that you are always on the record (recall that Minnesota is a one-party consent state in terms of recording conversations); 7) DO NOT talk too much: prosecutors are Officers of the Court and are held to the highest professional ethical standards; prosecutors may do nothing that could potentially jeopardize a defendant’s right to a fair trial; moreover, if the prosecutor says something outrageous outside of a courtroom, that prosecutor is in jeopardy of losing his or her prosecutorial immunity. 8 This perhaps begs the question of what the County Attorney may file with the Court Administrator in the first place. Generally, all victim and juvenile information is confidential. Refer to such people in the complaint only by their initials, or even “fake” initials such as ABC or XYZ in sensitive cases such as criminal sexual conduct. It is beyond the scope of this document to discuss data practices issues. If in doubt, consult with the assigned data practices attorney within the office before disclosure. CARVER COUNTY ATTORNEY’S OFFICE CRIMINAL DIVISION * * * * * ESSENTIAL PRINCIPLES AND POLICIES * * * * * Carver County Attorney’s Office 600 East Fourth Street Chaska, Minnesota 55318 (952) 361-1400 www.co.carver.mn.us Pages 21-22
More to come ...
Related links:
Update: Eden Prairie Police Greg Weber Lurking & Skulking On Lion News For 3 Minutes 37 Seconds On 06-19-20 With IP Address 156.142.95.179? Weber Gawking At Pic About Eden Prairie Police Personnel Exacting Street Justice & Payback On Jessica Hartger For Dakota County Judicial Officers David Knutson & Ann Offerman? Oh Dakota Co. Deputy Scheffknecht Says Offerman Filed False Police Report Against Jessica Hartger, Didn't He? So Evidence Of EPPD Street Justice & Payback On Hartger, Right? 3 Minutes Long Enough To File Share Damning Data To Nemmers On 06-19-20, Right? Corrupt Chief Weber Attempts "Payback" & "Street Justice" On Nemmers With Retaliatory Fraudulent Bill?
Eden Prairie Police Personnel Exacting Street Justice & Payback On Jessica Hartger For Dakota County Judicial Officers David Knutson & Ann Offerman? Why Oh Why Didn't EPPD Confirm The Warrant Before They Broke Out Hartger's Car Window? To Teach Hartger A Street Justice Lesson, Right?
Incompetent Bungler Michael "The Hack" Volpe's Latest Victim Jessica Danielle Cook AKA Jessica Danielle Hartger Lands In The Dakota County Jail? Did Nemmers' FOIA Requests To Kent Co. Sheriff Michelle LaJoye-Young & Kent Co. Prosecuting Attorney Christopher R. Becker Expedite Extradition?
Incompetent Bungler Michael "The Hack" Volpe Succeeds In Getting His Latest Victim Jessica Danielle Cook AKA Jessica Danielle Hartger Arrested? You Remember "The Hack" Volpe From His Sabotaging Of The High-Profile Sandra Grazzini-Rucki Case, Don't You? Oh And Don't Forget "The Hack" Volpe Helped To Sabotage All Of Dede Evavold's Cases Also, Didn't He? Run Away - Do Not Walk Away - Run Away From Hack Volpe And His Fellow Fanatic Karen Possessky, Okay?
Incompetent Bungler Michael "The Hack" Volpe Succeeds In Getting A Warrant Issued For His Latest Victim Jessica Danielle Cook AKA Jessica Hartger? You Remember "The Hack" Volpe From His Sabotaging Of The High-Profile Sandra Grazzini-Rucki Case, Don't You? Oh And Don't Forget "The Hack" Volpe Helped To Sabotage All Of Dede Evavold's Cases Also, Didn't He? Hack Volpe's Fellow Fanatic Karen Possessky Speaks?
Lion News: Nemmers Exposes Michael “Hack” Volpe’s & Sandra Grazzini-Rucki’s Smear Campaign?
