Kathryn Davis Messerich, Chief Judge 07-09-21
C/O: Brian Jones, District Court Administrator
1620 S. Frontage Road, Suite 200
Hastings, MN 55033
Mailed: USPS PS Form 3817 Certificate Of Mailing
RE: Public Defender John G. Dillon Conspiring With Prosecutor To Sabotage Case No. 72-CR-20-85, 72-CR-20-81, 72-CR-20-83 and 72-CR-20-172.
I have reason to suspect that I have clear, precise and unquestionable evidence that my court-appointed public defender John G. Dillon is conspiring with Sibley County Attorney David E. Schauer and Assistant County Attorney Donald Lannoye to sabotage my criminal case, Case No. 72-CR-20-85 State of Minnesota vs Jeremy James Boles. I understand from the public record that Jessica Hartger also filed
a similar complaint with you against (06/22/2021 Correspondence Index # 135 – Case No. 19HA-CR-19-2768 State of Minnesota vs Jessica Danielle Hartger) her public defenders John Shea [Note: The correct name is Kevin Shea] and Scott Baker. Apparently, the horrors that I have been maliciously subjected to are not an isolated incident in the First Judicial District.
In Jessica’s complaint to you she said that her case should have been dismissed two years ago. My criminal cases should have been dismissed over a year ago. My case is basically a contract dispute between myself and Anthony Cermak. The witnesses to this contract between myself and Anthony Cermak are Curt Ernest Cermak DOB: 04-03-82, Erica Stufflebeam DOB: 06-13-80 and a few others. As part of my evidence of a valid contact I have screenshots of Facebook Messenger conversations dated 10-07-19 2019 and 1016-19 between Cermak and myself. I also have a signed letter from Cermak to Xcel Energy dated 08-03-19. In my possession, I also have signed contract dated 08-01-19 between myself, Erica Stufflebeam and Cermak. Finally, I have an email Xcel Energy sent to Erica in
regard to her Xcel Account: 51-0012797210-6. See attached.
In order to counter this clear, precise and unquestionable evidence of a contract between myself and Cermark, Henderson Chief of Police Dmitri Ikonitski obtained sworn statements from Anthony Cermak. 1,2,3,4 In these sworn statements Cermak makes some wild, outrageous and unsubstantiated assertions that the contract is not valid. One of Cermark’s wild, outrageous and unsubstantiated
assertions is that his signature is forged. 5,6,7 Yet, my backstabbing public defender Dillon has willfully refused to get Chief Ikonitski on the witness stand at a contested omnibus hearing in order to ask him why the allegedly “forged” signature was not sent to the Minnesota Bureau of Criminal Apprehension for a forensic analysis. And my backstabbing public defender Dillon has also willfully refused to get Chief Ikonitski on the witness stand at a contested omnibus hearing to ask him why he never submitted an Administrative Subpoena for the Facebook Messenger accounts of Anthony Cermak and myself. It would appear that neither Dillon nor Ikonitski want to obtain any objective evidence that will undermine the credibility of the apparently perjured statements of Cermak.
At no time has Dillon made any attempt to interview the individuals who witnessed the signing of the contract nor subpoena them to a contested omnibus hearing. Not surprisingly, Henderson Chief of Police Dmitri Ikonitski has made no attempt to get an audio/video recorded witness statement from either Curt Cermak nor Erica Stufflebeam. Ikonitski did admit in a recorded statement with myself that he had spoken to Myron Micheal Cermak 8 DOB: 11-23-57. However, that audio recorded statement with Myron is currently being illegally withheld from me. In an attempt to sabotage my case, Dillon willfully refused to file a single motion for sanctions over the illegally withheld evidence in my case.
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It is my understanding that it is Sibley County Attorney David E. Schauer’s known mandatory, nondiscretionary, ministerial duty of the office to provide me with my Chapter 13.04 Subject Data aka Discovery with (10) ten days of my demand for the data. It is a matter of the public record that the demand for my Chaptter 13.04 Subject Data was made to Schauer on 07-10-20 (07/10/2020 Demand or Request for Discovery Index # 11). As of today’s date I have still not received the audio recorded statement of Myron Micheal Cermak. In fact, there is a vast amount of electronic data that is currently being illegally withheld from me.
I am aware that in the age of technology 10,11,12 that law enforcement officers in the course of their duties collect and retain body camera video, squad audio/video, personnel digital audio recorders audio files, digital images from digital cameras as evidence. In fact, I asked Dillon if there was any body camera video for my case. He stated that there was none. I have not received any squad/audio video for any of my cases. This is despite the fact that incident reports indicate Sibley County Sheriff’s deputies 13 were on the scene. When asked how it was possible for the Henderson police and Sibley County Sheriff’s office to not be running their squad audio/video in violation of their own policy and procedure manuals Dillon stated that he didn’t have the policy and procure manuals for either the Henderson police department or Sibley County Sheriff’s office. I recorded this conversation and many other conversations with Dillon. I recorded the conversation because I have memory problems after sustaining two (2) traumatic head injuries. I have reason to suspect that Dillon is trying to use my memory disability to his advantage and to my disadvantage.
There was no reason for me to believe Dillon when he said that he didn’t have the policy and procedure manuals 14,15 for local law enforcement. So in order to make some sense out of this crazy situation I decided to submit Chapter 13 Data Requests for the policies and procedures for the Henderson Police department, the Sibley County Sheriff’s office and the Sibley County Attorney’s Office. Instead of being kind courteous and helpful I was harassed by the City of Henderson and Sibley County. In fact, I never received a single policy and procedure manual from either the City of Henderson nor Sibley County. Instead, I was harassed with illegal demands to identify myself. 16,17,18 Also illegal threats were made that I would not have my Chapter 13 Data Requests processed unless I identified myself. No law requires me to identify myself nor requires to give a signature for public data. Plus, it is illegal to deny me public data because I refuse to identify myself. Henderson City Administrator Lon Berberich harassed me his wild, outrageous and unsubstantiated assertions that the provisions from the City of Henderson Charter were in fact that policy and procedure manual for the police. 19 Finally, I was also harassed with wild, outrageous and unsubstantiated assertions that my requests were too vague; that not all the data that I was requested was in electronic format and I was threaten with bills for the imaginary paper data. See attached. According to the law, Henderson City Administrator Lon Berberich’s, Sibley County Attorney David E. Schauer’s, Sibley Co. Sheriff Pat Nienaber’s and Sibley County Administrator John Glisczinski known mandatory, nondiscretionary, ministerial duty of the office or employment is to provide me with my Chapter 13.03 data. Obviously, the only person required to follow the law in Sibley County is Jeremy Boles.
This criminal misconduct helps to explain why a variety of readily available, electronic data is being illegally with from me in my criminal cases. One example would be the illegal withholding of the Global Positioning Systems (GPS) from the squads from the City of Henderson and Sibley County. The GPS data would show that both the City of Henderson and Sibley County knew or should have known that my home had was using electricity when they drove past on their patrols at night. The illegally withheld squad audio/video and/or body camera video would show what was said and done during the
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initial encounters with Henderson Chief of Police Dmitri Ikonitski. I have reason to suspect that Ikonitski has a vendetta against me for some strange reason. I do believe that Ikonitski is not following the facts but is instead manufacturing evidence in order to manufacture a case against me.20 And my backstabbing public defender Dillon is actively participating in the manufactured case by willfully refusing to presenting my evidence that proves that I am innocent. And one with eyes to see and ears to hear and a mind to understand come the logical conclusion that Dillon is misusing public resources to sabotage my criminal cases.
I believe that the plan of Dillon, Ikonitski, Schauer, Nienaber, Berberich, Glisczinski, Lannoye and even Judicial Officer Amber Donley is to either force me to plead guilty without ever receiving all my evidence or force me to at trial without ever receiving all my evidence. 20 After the ordeal that I have suffered through so far I have absolutely no faith that I will ever receive a fair trial in a Sibley county court. I demand that you do an administrative investigation & you refer this to law enforcement! 22
_____________________________________________________
Jeremy Boles
302 E. Clinton St.
Arlington MN 55307
cc:
Libor Jany, Star Tribune Media Company LLC 650 3rd Ave. South, Suite 1300, Minneapolis, MN
55488
Kevin Kajer, 331 2nd Ave. S. Minneapolis MN 55401
Anna Restovich, 117 E Center St. Rochester MN 55904
Footnotes:
1. “My signature is obviously forged.” Voluntary Statement of Anthony James Cermak DOB: 05-31-96. ICR Numbers(s): 20000212 Date: 12-09-20 Place: Henderson Police Department. Witness: Alexander Schmidt #702.
2. “never paid me for rent and never paid any of the bills there” & “I wish to press criminal charges for trespassing on my property” Voluntary Statement of Anthony James Cermak DOB: 05-31-96. ICR Numbers(s): 20000212 Date: 03-19-20 Place: 600 Main St. Henderson, MN. Witness: Chief D. Ikonitski
3. “I did not give Jeremy Boles permission to enter my house.” & “I wish to press criminal charges against Jeremy Boles to breaking in my house.” Voluntary Statement of Anthony James Cermak DOB: 05-31-96. ICR Numbers(s): 20000212 Date: 03-22-20 Place: 600 Main St. Henderson, MN. Witness: Chief D. Ikonitski
4. Cermak said he wishes to press criminal charges against Jeremy Boles for trespassing on his property. Cermak provided a written voluntary statement, which is attached to this report. I then discussed this case with the City of Henderson Attorney, Alison Jones. The City Attorney agreed that with me that based on the information and statement provided by Anthony Cermak, the legal owner of the residence, Jeremy Boles had no legal rights to occupy residence at 208 South 3rd Street, and in fact was in violation on MN Statute 609.605, by trespassing on the premises of another without claim of right and refused to depart on demand of the lawful possessor. 19000130 – MN0720500 Supplemental
Report ICR: 20000212 Title: Last Modified: 03-22-2020 2355 Created By: Dimitri Ikonitski Henderson Police Department.
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5. Jeremy James Boles (02/01/1978) turned in information to Assistant Sibley County Public Defender John Dillon, who then turned the information over to Henderson City Attorney Jones provided several documents to the police department which included a copy of a lease agreement that indicates that it was signed by Anthony James Cermak (05/31/1996) as the property owner, and Boles and Erica Marie Stufflebeam (06/13/1980) as tenants to the property (208 S 3rd St) on 08/01/2019; an email from Excel Energy in regards to setting up an account dated on 09/24/2019; two hand written notes; and what appears to be a Facebook messenger conversation between Cermak and Boles. Attorney Jones asked that we follow up on the authenticity of the lease, if there was ever a termination of the lease, and if any rent was paid. I then contacted Cermak and asked if he would be willing to give another statement on the matter and he advised that he would. Cermak provided a written and recorded statement. See attached written statement. Supplemental Report ICR: 20000371 Title: 702 Report Last Modified: 12-14-2020 2017 Created By: Alex Schmidt Henderson Police Department.
6. I asked Cermak what his interpretation of these documents were, and he advised that this never happened and made a comment that his signature was forged Supplemental Report ICR: 20000371
Title: 702 Report Last Modified: 12-14-2020 2017 Created By: Alex Schmidt Henderson Police Department.
7. This report will be forwarded to the Sibley County Attorney's Office for review and possible charges in accordance to MN statute for aggravated forgery 609.625 subd. 1(1) against Jeremy Boles. Supplemental Report ICR: 20000371 Title: 702 Report Last Modified: 12-14-2020 2017 Created By: Alex Schmidt Henderson Police Department.
8. Well, I talked to grampa (Note: Myron Micheal Cermak DOB: 11-23-1957). 05-20-20 audio recorded statement of Jeremy Boles at Sibley County Jail ICR: 20000371 Dimitri Ikonitski, Police Chief Henderson Police Department. Boles Statement.MP3
9. 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
10. 13.04 Rights Of Subjects Of Data. Subd. 3. Access to data by individual. Upon request to a responsible authority or designee, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to that individual for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority or designee shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority or designee may require the requesting person to pay the actual costs of making and certifying the copies. 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.
11. 418.5 Documenting BWC Use LEO's must document BWC use and non-use as follows: • Whenever an LEO makes a recording, the existence of the recording shall be documented in the LEO's report or CAD record/other documentation of the incident. • Whenever an LEO fails to record an incident that should be recorded under this poicy or captures only a part of the activity, the LEO must
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document the circumstances and reasons for not recording in the LEO's report or CAD record/other
documentation of the incident. Policy 418 Body Worn Cameras Policy Duluth Police Department Duluth PD Policy Manual https://dps.mn.gov/entity/post/model-policies-learning-objectives/
Documents/Professional-Conduct-of-Peace-Officers-Model-Policy.pdf
12. 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 Duluth PD Policy Manual
https://duluthmn.gov/media/10847/release_20201208_t123452_duluth_pd_policy_manual-1.pdf
13. It should be noted that upon my arrival, Officer Schmidt with Henderson Police Department, and Sibley County Sheriff Deputies Daily and Johnson were also on scene. Officer Schmidt spoke to the reporting party, Monica Meyer, who confirmed that the two white males detained by police were in fact the same individuals who she had observed enter the residence at 208 S 3rd Street. 19000130 – MN0720500. Supplemental Report ICR: 20000371 Title: Last Modified: 12-07-2020 2113 Created By: Dimitri Ikonitski Henderson Police Department.
14. a. Exculpatory Evidence: Evidence is exculpatory if it tends to negate the defendant’s responsibility for the charged crime and is material to guilt or punishment. Brady v. Maryland, 373 U.S. 83, 87 (1963). Pine County Attorney’s Office Policies And Procedures Reese Frederickson, County Attorney
Title of Policy: Date Issued/Revised: I. Brady/Giglio Policy September 14, 2020 Pine County Attorney's Office Brady-Giglio Policy.pdf
15. 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 not knowingly make false accusations of any criminal, ordinance, traffic or other law violation. This provision shall not prohibit the use of deception during criminal investigations or interrogations as permitted under law. 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 Stat 626.8457 https://dps.mn.gov/entity/post/model-policies-learning-objectives/Documents/Professional-Conduct-of-Peace-Officers-Model-Policy.pdf
16. 13.03 Access To Government Data. Subd. 12. Identification or justification. Unless specifically authorized by statute, government entities may not require persons to identify themselves, state a reason for, or justify a request to gain access to public government data. A person may be asked to provide certain identifying or clarifying information for the sole purpose of facilitating access to the data. https://www.revisor.mn.gov/statutes/cite/13.05
17. Part 2: Set Parameters for Data Requests The Data Practices Act does not require that individuals make data requests in writing; however, DPO recommends that government entities make this their policy. If you decide to require written requests, you must include it in your Data Practices Policy (see Advisory Opinion 01-014). Worksheet for Developing Data Practices Policies & Procedures https://mn.gov/admin/assets/accesspolworksheet2017_tcm36-309302.docx
18. Opinion: Based on the facts and information provided, my opinion on the issue that X raised is as follows: Pursuant to Minnesota Statutes, section 13.05, subdivision 12, when an individual requests access to public data, it is not appropriate for the Minnesota Department of Labor and Industry (DLI) to ask a data requestor to identify him/herself and to justify the request. Signed: David F. Fisher Commissioner Dated: January 16, 2001 Advisory Opinion 01-014 January 16, 2001; Minnesota Department of Labor and Industry January 16, 2001 | Requests for data https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/267444
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19. 204.03. Duties Of Police: Members of the police department shall enforce the ordinances and laws applicable to the city, bring violators before the county court, and make complaints for offenses coming to their knowledge. Members of the police department shall serve processes on behalf of the city and shall serve notices as may be required by the council or other authorities. Chapter Ii: Operations And Administration Part Iv. Police Department chapter_2.pdf
http://www.henderson-mn.com/uploads/1/1/0/4/11043847/chapter_2.pdf
20. I recognized one white male from the previous contacts as Jeremy James Boles. In March of 2020, Boles was arrested at the same location for Second Degree Burglary, First Degree Criminal Damage to Property, Fifth Degree Possession of Controlled Substance(methamphetamine) along with other
charges. I was also aware of Boles' conditions of release, disseminated on a regular basis via e-mail by the Sibley County Attorney's Office. One of Bole's conditions of release states as following: "Prohibited from 208 South 3rd Street, Henderson, MN 56044. May retrieve personal property with the assistance of law enforcement." Boles did not contact any law enforcement agency in reference to
getting his personal property prior on the day of the incident. 19000130 – MN0720500. Supplemental Report ICR: 20000371 Title: Last Modified: 12-07-2020 2113 Created By: Dimitri Ikonitski Henderson
Police Department.
21. “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 20. 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.
22. 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 future. The parties knew I was prepared to suppress the evidence (drugs) found in the car and the case eventually settled. March 29, 2018 Letter from Hennepin Co. District Judge Fred Karasov to Eden Prairie Police Chief DeMann. RE: State v. Timothy Holmes (27-CR-17-23450) & Detective Travis Serafin
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More to come ...
Related Links:
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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?
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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?
