09-19-21
Sarah E. Hennesy, Chief Judicial Officer
C/O: Timothy Ostby, District Administrator
Stearns County Courthouse
725 Courthouse Square #406
St. Cloud, MN 56303
Mailed: U.S.P.S Form 3817 Certificate of Mailing
Re: Public Defender Matthew Porter sabotaging Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon
I have reason to suspect that I my so-called Public Defender Matthew Calvin Porter is conspiring with City of Fergus Falls Chief of Public Safety Kile Bergren, Otter Tail Co. Sheriff Barry Fitzgibbons, Assistant Otter Tail Co. Attorney Matthew Spielman and Otter Tail Co. Attorney Michelle Eldien to sabotage my criminal case Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon (DOB:
10/04/1979). I am demanding an administrative investigation and a referral to an outside law enforcement agency for a criminal investigation.
On 04-14-20 I was falsely accused of a crime [Financial Card Fraud Use- No Consent 609.821.2(1)] that I did not commit. I made my innocence very clear to Porter. I informed Porter that the alleged victim, Jeff Wilde, was in an extra-marital sexual affair with me for years. Porter was informed by me that Wilde had authorized me to use his credit card. And I also informed Porter that Wilde had lied to law enforcement about our years long extra-marital sexual affair and his permission for me to use his credit card. Porter willfully refused to provide this information to either the lead investigator or to the prosecutors for my case.
Porter also willfully refused to use the information that Wilde had shared a bedroom with me while were on vacation in Mexico for three (3) years to clear my name. At no time did Porter have his investigator for the Public Defenders office obtain witness statements from the contract holder for the
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time share or the other guests whom both Wilde and I vacationed with. Porter willfully refused provide law enforcement with pictures of Wilde and I in situations that prove that we were a couple. Porter could have easily gotten my case dismissed over a year ago if he would have just sent the videos of Wilde and myself in bed together to either the lead investigator or to the prosecutors for my case.
At first, Porter did not want to go to trial. Porter talked me out of my omnibus hearing. I found out why Porter talked me out of my omnibus hearing after I was
finally able to review the discovery in my case. To my horror, I discovered that
numerous preliminary audio recorded witness statements and follow-up statements for Carla Ahrends, Stacy Wilde and Jeff Wilde were conspicuously
missing from my discovery. 1 I discovered from my own research that preliminary audio recorded statements are “very powerful evidence in determining the course of an investigation; ultimately impacting charging decisions and convictions.”
For some strange reason Otter Tail Sheriff’s Detective Jon Karger #325 was able to fall back onto his expensive and time-consuming work-related continuing education to obtain a preliminary audio recorded statement from me. Yet, magically and mysteriously Krager was unable to obtain and preserve preliminary audio recorded witness statements and follow-up statement for Carla Ahrends, Stacy Wilde and Jeff Wilde. I discovered from my own research that part of law
enforcement’s job 2,3 is to “identify, gather, preserve, and process evidence.” So, it defies logic that there would only be preliminary audio recorded of myself and none for Carla Ahrends, Stacy Wilde and Jeff Wilde.
When I confronted Porter about the the failure of the investigators to follow proper procedure and the
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missing preliminary audio recorded witness statements and the missing follow-up statement Porter suddenly and unexpectedly started insisting that we should go to trial. This was especially odd since I wanted Porter to file for sanctions 6,7 against Spielman/Eldien. Porter was instructed to obtain my missing evidence. Porter was also instructed to schedule a contested omnibus hearing 8 . I made it clear to Porter, in no uncertain terms, that I wanted my case dismissed before it went to trial. Finally, it was made it perfectly clear to Porter that I wanted him to obtain the policy and procedure manuals for the City of Fergus Falls Police Department policy, the Otter Tail Co. Sheriff’s Office and the prosecutor’s
manual & the general policy manual from the Otter Tail County Attorney’s office. This can be confirmed by my email communications and audio recorded phone calls with Porter.
Porter was assuring me from one side of his lying mouth that law enforcement was following proper procedure. While on the other side of his lying mouth Porter was coming up with excuses and justifications for the investigators not having audio recorded statements for Carla Ahrends, Stacy Wilde and Jeff Wilde 9,10,11,12,13,14,15,16,17,18,19 . When confronted on whether or not he had the policy and procedure manuals from either Fergus Falls or Otter Tail County Porter finally confessed that he didn’t. Porter said “Nope.”
Public Defender Matthew Porter: They do often record statements. They recorded your statements. Um.
Stacy Schoon: Okay so why wouldn’t they have recorded the statements of those guys?
Public Defender Matthew Porter: Yeah, it’s definitely something that I can impeach them on. And say hey look you know ah you should do this. Um, it isn’t. But, I do know it is not a requirement. Um, it’s helpful in best practices to have that recorded. Um, but, yeah not not every interview is recorded. Often times the officer will just interview someone and take notes about what they say.
Stacy Schoon: Okay. Well that’s why I want the the policy on procedures. Um.
Public Defender Matthew Porter: I see. 09-02-21 recorded phone call between Stacy Schoon and Public Defender Matthew Porter. Not professionally transcribed.
Stacy Schoon: Why. Can you get me the policies and procedures?
Public Defender Matthew Porter: I mean I can I can double check. I can I can dig around a little bit more. Um. Like I’m saying on that ...
Stacy Schoon: Do you. Do you not have a copy of the Otter Tail County policy and procedure or Fergus Falls?
Public Defender Matthew Porter: Nope. 9-07-21 recorded phone call between Stacy Schoon and Public Defender Matthew Porter. Not professionally transcribed.
It is logical to think that a defense attorney would have the policy and procedure manuals from both local law enforcement and the local prosecutor’s office in the jurisdiction in which they were practicing. However, it defies logic that a defense attorney can be competent and act zealously (reasonable diligence and promptness?) on behalf of their client when the defense attorney is simply
guessing 4,5, at what the proper policies and procedures are for local law enforcement and for the local prosecutors. Which is why I have reason to suspect that Porter is actually playing mind games on me when it comes to my logical plan to get my case dismissed. The only logical conclusion that make any sense at all is that Public Defender Porter is not defending me but actually defending City of Fergus Falls Chief of Public Safety Kile Bergren, Otter Tail Co. Sheriff Barry Fitzgibbons, Assistant Otter Tail Co. Attorney Matthew Spielman and Otter Tail Co. Attorney Michelle Eldien.
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Porter willfully refuses to file sanctions against Spielman and Eldien because he knows or should know that my evidence that can prove my innocence or decredit/impeach the witnesses against me is being illegally withheld from me. Through my own research that Otter Tail Co. Attorney Michelle Eldien has
a known mandatory, nondiscretionary, ministerial duty to provide me with my evidence 20 . I also discovered pursuant to state statute that Eldien has only ten (10) days to provide me with that evidence/subject data/discovery 21 .
Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon
04/14/2020 E-filed Comp-Summons Index # 1
08/24/2020 Request for Disclosure Index # 11
09/09/2020 Discovery Disclosure Index # 12
03/03/2021 Omnibus Hearing Waived
Furthermore, I discovered that both Spielman and Eldien have a continuing obligation to disclose evidence to me in my case. Once I found that out it made perfect sense to me why Porter willfully refuses to file sanctions against Spielman and Eldien – Porter was conspiring with Spielman and Eldien to cover-up Spielman’s and Eldien‘s criminal misconduct. It all makes perfect sense when you come to realization that both Spielman and Eldien break the law in order to enforce the law.
And, if Porter was willing to cover up Spielman’s and Eldien‘s criminal isconduct, then it made sense that Port was conspiring with Bergren and Fitzgibbons to cover their criminal misconduct, also. Which made sense why Porter was against having Fergus Falls Police Officer Matthew Estep and Otter Tail Co. Sheriff’s Detective Jon Karger on the witness stand at a contested omnibus hearing answering questions on whether or not they were following proper procedure and best practices. Clearly neither Estep nor Karger were following proper procedure nor best practices because I did not have the preliminary audio recorded statements and subsequent statement from Carla Ahrends, Stacy Wilde and
Jeff Wilde. Clearly, Porter did not want to ask Deputy Krage why he was able to fall back onto his expensive and time-consuming work-related continuing education to record a statement me but not from Ahrends nor the Wildes, Without my missing evidence I had no choice but to go to trial. Without my evidence I had no ability to
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get my case dismissed. Without a contested omnibus hearing I had no testimony from the investigators nor a ruling from the judicial officer that I could use on appeal. Without a contested omnibus hearing I had no chance of getting my case dismissed. Without a contested omnibus or my evidence I had no chance to discredit or impeach the testimony of Estep, Karger, Ahrends, or the Wildes. In other words, Porter was forcing me to either plead guilty without ever receiving all my evidence or go to trial without receiving all my evidence. That is while Porter was zealously and diligently shielding Ahrends, the Wildes, Estep, Karger, Bergren, Fitzgibbons and Eldien from a contested omnibus hearing.
I decided to go around Porter and submit Minnesota Government Data Practice Act Chapter 13 Data Requests for the City of Fergus Falls Police Department policy from Bergren, the Otter Tail Co. Sheriff’s Office from Fitzgibbons and the prosecutor’s manual & the general policy manual from the Otter Tail County Attorney’s office from Eldien. Through my research I also found out that it is
Bergren’s, Fitzgibbons’ and Eldien’s known mandatory, nondiscretionary, ministerial duty to provide me with readily available, free, electronic, public data aka their policy and procedure manuals and personnel data. Which in layman’s terms means that it is illegal for Bergren, Fitzgibbons and Eldien to not provide me with public data.
After numerous email exchanges Bergren 22,23 , Fitzgibbons 24,25 and Eldien 26,27 all willfully refused to provide me with their respective policy and procedure manuals. Instead of emailing me the Fergus Falls police department policy and procedure manuals Bergren tried to harass and intimidate me with a
fraudulent bill of $186.31 which he willfully refused to justify [13.03 Subd. 3. (d) The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged.] Bergren also willfully refused to explain why he was violating the established City Of Fergus Falls Public Right To Access Data Policy by willfully refusing to email me his policy
and procedure manual or the other readily available, free, electronic data that was in his possession.
Fitzgibbons had a different strategy in which he used to illegally the Otter Tail County Sheriff’s Office policy and procedure manual from me. Fitzgibbons attempted to harass and intimidate me with the
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wild, outrageous, and unsubstantiated lie that his Lexipol policy and procedure manual was copyrighted. Even after I debunked the blatant lie with public information Fitzgibbons still willfully refused to email his policy and procedure manual. Eldien, on the other hand, just pretended that I never ask for her general policy and procedure manual and her prosecutor’s policy and procedure manual.
Instead, Eldien just emailed me the work-related continuing education for her and her prosecutor, Spielman.
On 08-12-21 I told Porter that I wanted proof that he was competent enough to represent me in my case 28 . I demanded that Porter provide me with his copies of the policy and procedure manuals from the Fergus Fall police, the Otter Tail County Sheriff’s Office and the County Attorney’s Office. Finally, on 09-14-21, ten (10) days prior to my 09-23-21 hearing Porter finally emailed me the Otter Tail County Sheriff’s Office policy and procedure manual 29 .
The policy and procedure manual for the Otter Tail County Sheriff’s made it perfectly clear that there was no excuse for there to be preliminary audio recorded statements 30,31 for me but not for Ahrends and the Wildes. With this clear violation of Otter Tail County Sheriff Office policy you would think Porter
would have taken the first opportunity to use this information to clear my name by requesting a contested omnibus hearing. The court record will clearly show that Porter has taken no such action.
Porter has also made no attempt to follow my other instructions. My other instructions to Porter include to file a motion for sanctions against Eldien and Spielman for illegally withholding the preliminary and subsequent audio recorded statements of Ahrends, the Wildes from me. At no time has Porter taken the
time to explain to me why he can’t or won’t file for sanctions against Eldien and Spielman. I have a right to my all evidence and I want all my evidence. Neither Eldien nor Spielman have a right to illegally withhold my evidence from me. Porter knows that I have a right to all my evidence and that I want all my evidence. Nor has Porter complied with my instructions to request a contested omnibus hearing. At no time has Porter taken the time to explain to me why he can’t or won’t make a request for a contested omnibus hearing. I have a right to an omnibus hearing and I want a contested omnibus hearing. Porter knows that I have a right to a contested omnibus hearing and I want a contested omnibus hearing. Anyone with eyes to see, ears to hear and a mind to comprehend can come to the logical conclusion that Porter is sabotaging my criminal case.
Stacy Schoon
27875 Co Hwy 124
Fergus Falls, MN 56537
CC:
Libor Jany, Star Tribune Media Company LLC 650 3rd Ave. South, Suite 1300, Minneapolis, MN
55488
Kevin Kajer, 331 2nd Ave. S., #900 Minneapolis, MN 55401
Anna Restovich, 117 E Center St. Rochester MN 55904
Footnotes:
1. Officers conducting all criminal investigations will, whenever possible, record oral victim and
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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/police/public-data/policy-manual/
2. C. Interrogate, interview, and take statements from suspects, witnesses, and others involved in crimes, crashes, and incidents.
D. Identify, gather, preserve, and process evidence obtained at crime and crash scenes. State Of Minnesota Department Of Public Safety Position Description A Employee's Name: Position Control Number: Agency/Division: Public Safety/State Patrol Classification Title: State Trooper.
3. 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
4. “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.
5. 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). IV. General Brady/Giglio Requirement The prosecution must disclose to the defense evidence that is favorable to the defendant as either exculpatory or impeachment and is material to guilt or punishment. V. Err On The Side Of Disclosure This office will also rely on the admonition of Justice Stevens in United State v. Agurs: “Because we are dealing with an inevitably imprecise standard, and because the significance of an item of evidence can seldom be predicted accurately until the entire
record is complete, the prudent prosecutor will resolve doubtful questions in favor of disclosure.” 427 U.S. at 108 (1976). If in doubt, disclose. VI. Continuing Obligation To Disclose The prosecutor is under a continuing duty to disclose Brady material. 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
6. Brady Obligations: Make Sure Your Lawyer Gets ALL of the Evidence! It is the responsibility of your criminal defense attorney to gather any and all favorable evidence that tends to prove your innocence. 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 Criminal Defense
http://www.arrestedmn.com/blog/brady-obligations-make-sure-your-lawyer-gets-all-of-the-evidence/
7. Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases 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. https://www.revisor.mn.gov/court_rules/cr/id/9/
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8. What is a Contested Omnibus Hearing? Robert Ambrose October 9, 2018 ... One of the most common challenges at a Contested Omnibus Hearing is attacking probable cause. If there is no probable cause for the charge(s) against you, then it results in a dismissal. Probable cause basically means that there is a reasonable probability that you committed the crime. Both in Minnesota and at the
federal level, courts will evaluate the facts of your case and the probability that you committed the alleged crime. If you do not challenge probable cause, then the court is virtually always going to find it and state that there is enough evidence for your case to proceed forward. ... If you want to challenge the admissibility of statements or confessions, then making a motion for a Contested Omnibus Hearing to get that evidence excluded is something your attorney may do.
https://minneapoliscrimdefenselawyer.com/what-is-a-contested-omnibus-hearing/
9. On Monday, October 28, 2019, Fergus Falls Police Officer Matthew Estep took a report from S.W. regarding unauthorized purchases made on her husband’s debit card. Her husband is J.W., and S.W. has a joint account with him. ... Otter Tail County Sheriff’s Detective Jon Karger made contact with Security State Bank Customer Service Specialist Carla Ahrends. Ahrends stated that after receiving the report of fraudulent activity, she was only able to file charge backs on no more than 35 transactions in the last 90 days.... Det. Karger spoke with J.W. who stated that he has known the Defendant for the last six or seven years. J.W. suspected that the Defendant obtained his credit card information when they were in Mazatl in March 2019. He stated they got back from the trip on March 20, 2019. Court File No. 56-CR-20-926 COMPLAINT Summons State of Minnesota, Plaintiff, vs.
STACY JOY SCHOON DOB: 10/04/1979 27875 Co Hwy 124 Fergus Falls, MN 56537 Defendant. Complainant James Stewart Lt. 417 S Court Street Fergus Falls, MN 56537 Badge: 303 Electronically Signed: 04/13/2020 08:12 AM Otter Tail County, Minnesota. Prosecuting Attorney Matthew C. Spielman 121 W Junius Avenue Fergus Falls, MN 56537 (218) 998-8400 Electronically Signed:
04/09/2020 03:29 PM. Report of Karger.DOCX
10. It should be noted that Stacy Wilde and Jeff Wilde do not currently reside in the same residence, but they share a joint checking account. Page 2. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX
11. Throughout the investigation, I made contact with Security State Bank Customer Service Specialist Carla Ahrends. Ahrends explained to me that after receiving the report of fraudulent activity, she was only able to file charge backs on no more than 35 transactions in the last 90 days. As there were more than 35 transactions within the last 90 days, she was only able to attempt charge backs
for an approximate amount of $3371. Page 2. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX
12. A few days after initially speaking with Carla Ahrends, I visited with her again. Page 3. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX
13. I have spoken with Jeff Wilde. Jeff Wilde stated that he has known Stacy Schoon for the last six or seven years and has known her through friends. Jeff stated that Stacy Schoon used to bartend in Underwood. Jeff stated a couple years ago he used to hang around her. In a later conversation, Jeff told me that he never did date Stacy Schoon although Stacy Schoon would tell people that she was
dating Jeff. Jeff Wilde suspected that Stacy got his credit card information when they were in Mazatlán in March 2019. She would have been in his hotel room, and he kept his debit card in the hotel room. Page 3. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde
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Deputy: Detective Jon Karger #325. Report of Karger.DOCX
14. Jeff Wilde stated that Stacy Schoon had no permission to use his credit card information. Jeff reiterated this upon me re-contacting him after I had interviewed Stacy Schoon. Page 3. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX
15. On 12/17/19 at approximately 1315 hours, the search warrant was executed at Stacy Schoon’s residence. I was assisted by Detective Eric Lien, Det. Sgt. Robert Huckeby and Deputy Colby Palmersheim. Deputy Keith Rogal was involved for a short time also. Page 3. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325.
Report of Karger.DOCX 16. Prior to the search, I visited with Stacy Schoon alone at her residence. Page 3. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction
Card Fraud-609.821 subd 2 (1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX EVIDENCE / RECORDINGS: Recorded interview with Stacy Schoon Recovered items as noted and entered into evidence Financial records from Security State Bank Cellebrite report (copies provided to records) Page 5 Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Financial Transaction Card Fraud-609.821 subd 2
(1) Complainant: Stacy Ellen Wilde Deputy: Detective Jon Karger #325. Report of Karger.DOCX
17. On Monday, October 28, 2019, at 1456 hours, I Officer Estep, was dispatched to the Fergus Falls Police Department at the address of 122 West Junius Avenue to meet with a party who had came to report a theft. When I arrived at the police department minutes later, I met with Stacy Wilde. Stacy had informed me that she has had money taken from her checking account via online purchases on Amazon. While speaking with Stacy I learned the following: Stacy and her husband share a
checking account. They noticed that charges had been showing up in their account since July of 2019. Page 1. Fergus Falls Police Department Incident Report Incident Number: 19035893 Offense Category: Theft Location Of Offense: 128 East Washington Avenue Fergus Falls, MN 56537 Date/Time Reported: 10/28/2019 Officer(S) Assigned: Officer Matthew Estep #105 Additional Officers: Detective Andy Renner #128 SUBJECT: Stacy Ellen Wilde DOB: 06/10/1971 24796 County Highway 88 Fergus Falls, MN 56537 Phone: 218-205-112. Report of Estep.DOCX
18. When speaking to Stacy on November 1, 2019, she informed me that they now believe it is closer to $7,000.00 and that the bank was reimbursing them for approximately 30 of the transactions, with an approximate value of $3,300.00. Stacy believes there is approximately 60 fraudulent transactions total.
Page 2. Fergus Falls Police Department Incident Report Incident Number: 19035893 Offense Category: Theft Location Of Offense: 128 East Washington Avenue Fergus Falls, MN 56537 Date/Time Reported: 10/28/2019 Officer(S) Assigned: Officer Matthew Estep #105 Additional Officers: Detective
Andy Renner #128 SUBJECT: Stacy Ellen Wilde DOB: 06/10/1971 24796 County Highway 88 Fergus Falls, MN 56537 Phone: 218-205-112. Report of Estep.DOCX
19. On Wednesday, November 6, 2019, I spoke with Stacey Wilde who had more information for me pertaining to this case. Stacey informed me that an Amazon employee disclosed to her husband that the last package from the fraudulent account was sent to the address of 27875 County Road 124. The package was addressed to “Stacey Schoon.” Stacy did inform me that Stacey Schoon went to
Mexico in March with a group of people, including her husband. Stacy stated that she believes Schoon stole her husband’s card information while in Mexico. Page 2. Fergus Falls Police Department Incident Report Incident Number: 19035893 Offense Category: Theft Location Of Offense: 128 East Washington Avenue Fergus Falls, MN 56537 Date/Time Reported: 10/28/2019 Officer(S) Assigned:
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Officer Matthew Estep #105 Additional Officers: Detective Andy Renner #128 SUBJECT: Stacy Ellen Wilde DOB: 06/10/1971 24796 County Highway 88 Fergus Falls, MN 56537 Phone: 218-205-112. Report of Estep.DOCX
20. 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
21. 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. ... 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. https://www.revisor.mn.gov/statutes/cite/13.04
22. Hello- I received your request regarding Kile Bergren and Matt Estep’s information. These are not kept in an electronic format. You will have to pay for copies and staff time. As with other requests of this nature, you will need to pay a deposit before we will process the request. Looking at the time and volume of information going back 27 years, a deposit of $200 will be required. Any unused deposit will be returned after actual expenses are figured. The pricing is on the attached form. Thank you- Shannon Riggle Fergus Falls Police Department Administrative Assistant 122 West Junius Avenue Fergus Falls, MN 56537
218.332.5538-Office 218.332.5555-General PD 218.332.5554-Fax From: Shannon Riggle sriggle@co.ottertail.mn.us Date: 7/19/21 2:40 PM (GMT-06:00) To: sjschoon@gmail.com Subject: FW: Chapter 13 Data Request For Personnel Data And Fergus Falls PD And Otter Tail Co Attorney Policy And Procedure Manuals
23. Hello- All of your Fergus Falls Police Department documents have been copied and are ready for you to pick up. Please note pages and costs associated per our City of Fergus Falls Data Request Form. Our office hours are Monday-Thursday from 9:00 am-4:30 pm and Fridays from 9:00 am-noon. Items ready per your request: 1-CIS contract – 79 pages 2- Shannon Riggle-continuing ed credits- 33 pages 3-We do not utilize an HRIS system- continuing education credits are class certificates. 4-Salary for Shannon Riggle, Matt Estep, Kile Bergren from payroll dept-1 page 5-Matt Estep-continuing ed credits- 2019-current 2021-
46 pages 5-Kile Bergren-continuing ed credits-1994-current 2021-167 pages 6-Kile Bergren-1 hour putting documents together-$56.70 7-Shannon Riggle-1.5 hours photocopying and organizing documents -$48.11 326 pages X $.25/page = $81.50 in copies Riggle/Bergren- prep time=$104.81 Please remit $186.31 payable to the Fergus Falls Police Department. We
accept cash or credit/debit card as payment. Shannon Riggle Fergus Falls Police
Department 122 West Junius Avenue Fergus Falls, MN 56537 218.332.5538-Office
218.332.5555-General PD 218.332.5554-Fax From: Shannon Riggle
sriggle@co.ottertail.mn.us Date: 7/20/21 2:26 PM (GMT-06:00) To: sjschoon
sjschoon@gmail.com Subject: RE: Why Is Fergus Falls Police Department Administrative Assistant Shannon Riggle Harassing Schoon Over Readily Available Free Electronic Public Data - Retaliation For Notifying City Of Intent To File Complaint With Chief Judicial Officer Sarah E. Hennesy
24. Please see attached documents in response to your data request. Because the policy manual
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is purchased through Lexipol, it would violate the copyright laws to give out an entire copy of the Sheriff’s Office and Detention policy. Both policies are available for your viewing at the Sheriff’ Office. Please contact us if you wish to set up a time to view the policy manuals. Sheriff Barry Fitzgibbons Otter Tail County Sheriff’s Office 417 S Court St Fergus Falls, MN 56537 218-998-8555 1513197907432_untitled.png From: Barry Fitzgibbons BFitzgib@co.ottertail.mn.us Date: 7/23/21 9:53 PM (GMT-06:00) To: sjschoonsjschoon@gmail.com Subject: RE: Chapter 13 Data Request For Personnel Data And Fergus Falls PD And Otter Tail Co Attorney Policy And Procedure Manuals
25. IX. COPYRIGHT City of Duluth expressly acknowledges and agrees that each and every policy provided by Lexipol, its agents, employees, and representatives including, but not limited to, all updates, revisions to the entire Policy Manual and Daily Training Bulletins purchased from Lexipol were expressly created for City of Duluth's exclusive use. City of Duluth and Lexipol agree that all policy, update, revision or Daily Training Bulletins originally provided by Lexipol to City of Duluth are protected under copyright agreements and may not be sold. Nothing in this statement is intended to prohibit or restrict City of Duluth from access and reproduction for City function and providing polices contained within the Policy Manual pursuant to and authorized by a request under Public Records Act
or Minnesota law, pursuant to Court order or any other lawful process. Notwithstanding the foregoing, Lexipol agrees that subject to the restrictions in this Section IX, the City of Duluth will own all rights in and to the Final Policy Manual. 2011-2103 agreement terms and conditions for use of subscription
material City of Duluth and Lexipol LLC. Public Document No. 11-1219-13 Page 3 Proceedings of the Duluth City Council for 2011 http://www.duluthmn.gov/clerk/council/resord11/11-0636r.pdf
26. Ms. Schoon, I was out of the office until yesterday after receiving your request. I will need to gather the data specific to your request for continuing education for myself and Mr. Spielman as that is retained by the Minnesota Supreme Court. As for your request for salary information for myself and Mr. Spielman, that can be done with the Otter Tail Department of Human Resources. The retain that official data. Please contact either Nicole Hansen or Stephanie
Retzlaff. I have included both of them on this email as I note you emailed John Dinsmore with that office and he is no longer employed with Otter Tail County. Michelle M. Eldien Otter TailCounty Attorney 121 W. Junius Ave. Fergus Falls, MN 56537 (218)998-8400 Your acceptance of e-mail communications constitutes your consent to the use of electronic communications and the risks thereof. This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. From: Michelle Eldien MEldien@co.ottertail.mn.us Date:
7/21/21 8:17 AM (GMT-06:00) To: sjschoon sjschoon@gmail.com Subject: RE: Why Is Fergus Falls Police Department Administrative Assistant Shannon Riggle Harassing Schoon Over Readily Available Free Electronic Public Data - Retaliation For Notifying City Of Intent To File Complaint With Chief Judicial Officer Sarah E. Hennesy
27. Ms. Schoon, Please find enclosed the information you requested. Michelle M. Eldien Otter Tail County Attorney 121 W. Junius Ave. Fergus Falls, MN 56537 (218)998-8400 Your acceptance of e-mail communications constitutes your consent to the use of electronic communications and the risks thereof. This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. From: Michelle Eldien MEldien@co.ottertail.mn.us
Date: Wed, Jul 21, 2021, 5:10 PM Subject: FW: Why Is Fergus Falls Police Department Administrative Assistant Shannon Riggle Harassing Schoon Over Readily Available Free Electronic Public Data - Retaliation For Notifying City Of Intent To File Complaint With Chief Judicial Officer Sarah E. Hennesy To: sjschoon sjschoon@gmail.com Attachment
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2021_07_21_16_39_07.pdf
28. Matthew Porter, Public Defender 701-412-5224: Why are you sabotaging my criminal case Case No. 56-CR-20-926 State Of Minnesota Vs Stacy Joy Schoon? I need to see if you are competent enough to handle my defense. First, I need to see if you understand that police procedure. Please email me your personal copies of the Fergus Falls Police Dept. policy and procedure manual along with your
copy of the Otter Tail County Sheriff's Office policy and procedure manual. Second, I need to see if you understand the prosecution's role and the prosecution's procedures. Please email me your copy of the Otter Tail County Attorney's Office general policy and procedure manual along with their
prosecutor's policy and procedure manual. Third, you are going to explain to me in great detail why you have not filed for sanctions against Otter Tail County Attorney Michelle Eldien and assistant Otter Tail County attorney Matthew Spielman when you know or should know that all sorts of electronic
statements of Stacy Wilde, Jeff Wilde, Carla Ahrendsand their corresponding verbatim transcripts are missing from my discovery. This is why you are going to do: 1. You will file a motion for sanctions. 2. You will get all the missing evidence for my criminal case. 3. You will get a date scheduled for a Contested Omnibus hearing. You are put on notice that I will be lodging a complaint with District
Administrator Timothy Ostby and Chief Judicial Officer Sarah E. Hennesy. So stop sabotaging my case and get to work! Stacy Schoon sjschoon sjschoon@gmail.com Aug 12, 2021, 12:19 PM to me Sent from my Sprint Samsung Galaxy Note8. -------- Original message -------- From: sjschoon sjschoon@gmail.com Date: 8/12/21 12:12 PM (GMT-06:00) To: "Porter, Matthew" Matthew.Porter@pubdef.state.mn.us Subject: Why Is Public Defender Matthew Porter Sabotaging Case No. 56-CR-20-926 State Of Minnesota Vs Stacy Joy Schoon?
29. Here is the full manual From: Porter, Matthew Matthew.Porter@pubdef.state.mn.us Date: Tue, Sep 14, 2021, 9:48 AM Subject: RE: Handbook To: sjschoon@gmail.com sjschoon@gmail.com
30. 600.3 Initial Investigation 600.3.1 Deputy Responsibilities A deputy responsible for an initial investigation shall complete no less than the following: (a) Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1. An initial statement from any witnesses or complainants. 2. A cursory examination for evidence. (b) If information indicates a crime has occurred, the deputy shall: 1. Preserve the scene and any evidence as required to complete the initial and follow-up investigation. 5. Collect any evidence. Policy 600 Investigation and Prosecution Otter Tail County Sheriff's Office Law Enforcement Services Manual 31. 420.4.1 Required Activation Of The Mvr This policy is not intended to describe every possible situation in which the MVR system may be used, although there are many situations where its use is
appropriate. A deputy may activate the system any time the deputy believes its use would be appropriate and/or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However the audio portion can
be valuable evidence and is subject to the same activation requirements as the MVR. (e) Any other circumstance where the deputy believes that a recording of an incident would be appropriate Policy 420 Mobile Video Recorders Otter Tail County Sheriff's Office Law Enforcement Services Manual
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