Before ICR 21-17510:
Case No. 42-CR-21-98 State of Minnesota vs Larvita Maria Elen Mcfarquhar
12/13/2021 Pre-trial (4:00 PM) (Judicial Officer Rohland, Patrick)
12/30/2021 Jury Trial (8:00 AM) (Judicial Officer Rohland, Patrick)
After ICR 21-17510:
Case No. 42-CR-21-98 State of Minnesota vs Larvita Maria Elen Mcfarquhar
04/18/2022 Pre-trial (2:00 PM) (Judicial Officer Rohland, Patrick) 12/13/2021 Reset by Court to 04/18/2022
05/04/2022 Jury Trial (8:00 AM) (Judicial Officer Rohland, Patrick)12/30/2021 Reset by Court to 05/04/2022
Video of Complaint
Filing My Criminal Complaint https://rumble.com/vqfr5p-filing-my-criminal-complaint.html
Filing My Formal Criminal Complaint https://rumble.com/vqdy8r-filing-my-formal-criminal-complaint.html
Lyon County Police Investigator Voicemail https://rumble.com/vqkc38-lyon-county-police-investigator-voicemail.html
42-CR-21-98 Filed in District Court State of Minnesota 12/6/2021 11:56 PM
Larvita McFarquhar’s Number ICR# 21-17510
42-CR-21-98 Filed in District Court State of Minnesota 12/6/2021 10:52 PM
Eric Wallen, Lyon Co. Sheriff 12-06-21
611 West Main Street
Marshall, MN 56258
(507) 537-7666 Hand-delivered on 12-06-21
EricWallen@co.lyon.mn.us
This is my formal criminal complaint against City of Marshall City Attorney Dennis Simpson, Assistant City of Marshall City Attorney Matthew Gross and Director of Public Safety Jim Marshall for illegally withholding my Chapter 13.04 Subject Data 1 aka evidence aka discovery from me in Case No. 42-CR-21-98 State of Minnesota vs Larvita Maria Elen Mcfarquhar pursuant to Mn Statute 609.43 Misconduct Of Public Officer Or Employee 2 . On 03-01-21 a Demand or Request for Discovery was submitted to City of Marshall City Attorney Dennis
Simpson and Assistant City of Marshall City Attorney Matthew Gross. As of today’s date I am missing the following data:
Pursuant to state statute Simpson, Gross and Marshall had ten (10) days 3,4 to provide me with my Chapter 13.04 Subject Data aka evidence aka discovery. It is my understanding that it is Simpson’s, Gross’ and Marshall’s known mandatory, nondiscretionary, ministerial duty of the office to provide me with my my Chapter 13.04 Subject Data aka evidence aka discovery. As of today’s date Simpson, Gross and Marshall have willfully refused to comply with the Minnesota Government Data Practices act by illegally with the following readily available, free, electronic, subject data:
1. SMSU 02/04/2021 911 call and corresponding verbatim transcript 5 .
2. SMSU surveillance video 6 of Larvita McFarquhar on 02/03/2021 and 02/04/2021.
3. SMSU 02/03/2021 and 02/04/2021 Public Safety incident reports 7 aka Initial Complaint
Reports (ICRs) regarding Larvita McFarquhar.
4. Larvita McFarquhar’s 02/04/2021 phone calls to City of Marshall Police dept. and Lyon Co. Sheriff’s Office of officer/deputy assist/escort 8 at SMSU.
5. Computer-aid dispatch reports and corresponding audio of 02/04/2021 incident involving Larvita McFarquhar.
6. Recorded witness statements 9,10 , names and contact information of students and faculty in classrooms or hallways who were witnesses to the 02/03/2021 and 02/04/2021 incidents
involving Larvita McFarquhar.
7. Electronic communications Bill Mulso, SMSU vice president for government relations, communications and marketing and Mike Munford, SMSU Public Safety Director engaged in with Marshall Independent Reporter Deb Gau 11 .
I have reason to suspect this Subject data/Discovery is in the possession of City of Marshall City Attorney Dennis Simpson, Assistant City of Marshall City Attorney Matthew Gross and Director of Public Safety Jim Marshall is because gathering evidence is part of their job description 12 for a Marshall police officer. According to The Marshall Police Department Brady policy 13 and Standard of Standards Of Conduct For Peace Officers 14,15,16 indicate that the type of evidence to be preserved is exculpatory evidence or evidence that tends to prove my innocence. The Marshall Policy Department Brady policies dictates that they are required to
provide me with my missing evidence. I have reason to suspect Simpson, Gross and Marshall are illegally withholding my evidence 17 from me is because the evidence will show my actions
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42-CR-21-98 Filed in District Court State of Minnesota 12/6/2021 10:52 PM
at Southwest Minnesota State University (SMSU) were a result of being provoked 18 by SMSU personnel.
I have reason to suspect the motive for the criminal misconduct is to fivefold. First, I believe Simpson‘s, Gross’ and Marshall’s motive is to either force me to plead guilty without ever receiving all my evidence or force me to go to trial without ever receiving all my evidence. The second reason is to indoctrinate me into the idea that prosecutors and law enforcement can break the law in order the enforce the law. The third reason is to indoctrinate me into the idea that I should keep my mouth shut when I see local corruption. The sixth motive is an attempt
by Simpson, Gross and Marshall to provoke 19 me in order to incite me to violence. Finally, I believe the last part of the motive is to cover up the fact that SMSU President Kumara Jayasuriya forced my 16 year old daughter S.C.M out of SMSU without a court order after S.C.M obtained a doctor’s note pursuant to section 8. Exempt individuals of the Emergency Executive Order 20-81.
____________________________________________
Larvita McFarquhar
106 E. Railroad St.
Lynd, Minnesota 56157
Note: See attached February 22, 2021 Demand for Discovery signed by Larvita McFarquhar
Footnotes:
1. 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
2. 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
3. However, notwithstanding the attorney conduct concerns, the County’s obligation under the Data Practices Act to comply immediately or in ten business day with a data subject’s request is clear. (The Commissioner has also previously opined that the existence of litigation between a data requester and an entity does not relieve the entity of its data practices responsibilities. See Advisory Opinions 96-038 and 97-005.) As the Commissioner noted in Advisory Opinion 03-030:. Advisory Opinion 18-005, May 21, 2018; Carver County,
May 22, 2018 | Data subjects, Response to data requests, Requests for data
https://mn.gov/admin/data-practices/opinions/library/?id=36-340460
4. Independent School District 709, Duluth Public Schools, did not respond appropriately to a
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42-CR-21-98 Filed in District Court State of Minnesota 12/6/2021 10:52 PM
March 2, 2018, data request from a data subject pursuant to Minnesota Statutes, section 13.04, because it did not provide any data to the requester in 10 business days. Advisory Opinion 18-010 https://mn.gov/admin/data-practices/opinions/library/#/detail/appId/1/id/347419
5. Subd. 4. Audio recording of 911 call. The audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire, or medical agency is private data on individuals with respect to the individual making the call, except that a written transcript of the audio recording is public, unless it reveals the identity of an individual otherwise protected under subdivision 17. A transcript shall be prepared upon request. The person requesting the transcript shall pay the actual cost of transcribing the call,
in addition to any other applicable costs provided under section 13.03, subdivision 3. The audio recording may be disseminated to law enforcement agencies for investigative purposes. The audio recording may be used for public safety and emergency medical services training purposes. 13.82 Comprehensive Law Enforcement Data. https://www.revisor.mn.gov/statutes/cite/13.82
6. Non-violent disruptive demonstrations A. In the event that a demonstration blocks access to University facilities or interferes with the operation of the University: ii. The Director will consider having a photographer or video camera
available for verification/documentation purposes and notify Marshall PD of the situation. Southwest Minnesota State University Training Bulletns 600-12 Civil Disturbance or Demonstrations.
7. II. Training Format b. Initial Training: d. Phase III: Advanced iv. ICR Writing / Simplex Alarm protocol. IV. Use of the Master Keys b. In the event that you discover misuse of the master keys, you should: iii. Fill out an ICR. 400-01 Employee Guidelines. Employee Guidelines and Performance Expectations. Southwest Minnesota State University Public Safety Policy Manual.
8. https://www.facebook.com/larvita.mcfarquhar/videos/4155977071096399/ Larvita Mcfarquhar 351 Comments 102 Shares 7.4K Views · about 10 months ago Larvita Mcfarquhar February 3
9. 304.5.2 Special Deployment Considerations. The CED shall not be used to psychologically torment, elicit statements or to punish any individual. Policy 304. Conducted Energy Device Marshall Police Department Policy Manual
10. 305.6.2 Witness Identification And Interviews. Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following: 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. Policy 304 Officer-Involved Shootings and Deaths. Marshall Police Department Policy Manual
11. Bill Mulso, vice president for government relations, communications and marketing at SMSU, confirmed there was an incident Wednesday morning when McFarquhar entered a classroom on campus. Mulso said McFarquhar disrupted a class in progress, and after a second classroom disruption later that morning, she was issued a trespassing notice. Lynd restaurant owner served with trespassing notice McFarquhar escorted from SMSU building after not wearing mask Local News Feb 4, 2021 Deb Gau Reporter
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42-CR-21-98 Filed in District Court State of Minnesota 12/6/2021 10:52 PM
https://www.marshallindependent.com/news/local-news/2021/02/lynd-restaurant-owner-served-with-trespassing-notice/
12. City of Marshall Job Description Position Title: Police Officer Date: December 2010 Division: Public Safety FLSA Status Non-exempt; Part-time Accountable to: Sergeant Union Status LELS Hay Points 317. ... Summary of Position To protect and promote public safety throughout the City through enforcement of all federal, state and local laws; the preservation of public peace; the protection of life and property; the prevention of crime; and the detection and apprehension of violators of the law. Assist in the judicial process by reporting the facts of the investigation to the prosecuting attorneys, and by testifying in court. ... Essential Duties
and Responsibilities ... 3. Gather information relating to the investigation of crime and non-criminal incidents. Prepare detailed written/typed reports for the use of prosecutors, Courts, Probation, Human Service, Detective’s Division, the State of MN, and other agencies. 4. Review Offense Reports, I.C.R.’s memos, e-mails, and other pertinent information to keep abreast of recent activity and complaints to assist in the prevention of future criminal activity. ... 7. Testify in court as to the facts and results of investigations.
13. 605.2 Policy The Marshall Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Marshall Police Department will assist the prosecution by complying with its oblgation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information as provided in this policy. Page 396. Policy
605 Brady Material Disclosure Marshall Police Department Policy Manual.
14. 320.1.1 Standards Of Conduct For Peace Officers. The Marshall Police Department adopts the Professional Conduct of Peace Officers model policy established and published by the Minnesota Board of Peace Officer Standards and Training Board (POST) (Minn. Stat. § 626.8457). This model policy applies to all peace officers of this department. See attachment: MN POST Professional Conduct of Peace Officers Model Policy.pdf The provisions of this policy are in addition to collective bargaining agreements or any other applicable law (see generally Minn. R. 6700.1500). The Department shall report to POST any data regarding the investigation and disposition of cases involving alleged misconduct of officers (Minn. Stat. § 626.8457, Subd. 3). Policy 320 Standards of Conduct
Marshall Police Department Policy Manual
15. A. Principle One Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) 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. Page 490. Professional Conduct Of Peace Officers Model Policy MN STAT 626.8457 Attachment MN POST Professional Conduct of Peace Officers Model Policy.pdf Marshall Minnesota Police Department Policy Manual Policy Manual.
16. B. Principle Two Peace officers shall refrain from any conduct in an official capacity that
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detracts from the public’s faith in the integrity of the criminal justice system. 1. Rationale: Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public’s initial contact with the criminal justice system, must act in a manner that instills such trust. 2. Rules a) Peace officers shall carry out their duties with integrity, fairness and impartiality. ... c) Peace officers shall truthfully, completely, and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. d) Peace officers shall take no action knowing it will violate the constitutional rights of any person. Page 490, 491. Professional Conduct Of Peace Officers Model Policy MN STAT 626.8457 Attachment MN POST Professional Conduct of Peace Officers Model Policy.pdf Marshall Minnesota Police Department Policy Manual Policy Manual.
17. Spoliation Any erasure, interlineation, or other alteration made to Commercial Paper, such as a check or promissory note, by an individual who is not acting pursuant to the consent of the parties who have an interest in such instrument. A spoliator of evidence in a legal action is an individual who neglects to produce evidence that is in her possession or control. In such a situation, any inferences that might be drawn against the party are permitted, and the withholding of the evidence is attributed to the person's presumed knowledge that it would have served to operate against her. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
https://legal-dictionary.thefreedictionary.com/Spoliation+of+evidence
18. Since you, as a prosecutor, are a minister of justice and not an attorney for miscreant officers, you must develop a strategy for dealing with these occasional incidents of misbehavior. The ways that an officer can fall short of the highest standards of excellence are numberless, but excessive zeal in the performance of their duties is one way. A common subtype of the overzealous officer is the serial resisting arrest victim. Some officers can retire after and never make a case against anyone for resisting arrest. Other officers cannot get through a shift without making a case. Serial resisting arrest victims fall into three main types: those who lack interpersonal skills necessary to obtain suspect compliance, those who verbally bait suspects, and those who are so thin-skinned that they overreact to suspect noncompliance. Seldom should so encounter an officer who purposely set out falsely convict as suspect of resisting arrest. Sometimes an officer will have unintentionally mishandled a situation, and you are burdened with a case where the defendant is technically guilty of the crime, but the victim precipitation issues make a make a conviction unlikely. Quick-witted officers who always have a quip on the tip of their tongue frequently let fly with those quips at the most inopportune times, resulting in black eyes, bruises and a questionable case against a defendant who, again is technically guilty, but was goaded into acting out. Finally, there are officers who are so quick to take offense that they will arrest at the drop of a hat for the most inconsequential misbehavior. A certain degree of noncompliance comes with the officer's territory, and the officer should have sufficient judgment to decline to arrest at all in de minimis situations. These types of cases are relatively easy to spot, and when one of them comes across your desk, you must handle it appropriately. Rubber stamping the officer's decision can sometimes be appropriate, but more often you must make the unpleasant decisions to dismiss the charges, to file reduced charges, or to accept reduced pleas. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook
(Thompson/West:2007), Page 20-21.
19. E. Principle Five Peace officers shall treat all members of the public courteously and with respect. 1. Rationale: Peace officers are the most visible form of local government.
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Therefore,
peace officers must make a positive impression when interacting with
the public and each other. 2. Rules a) Peace officers shall exercise
reasonable courtesy in their dealings with the public, other officers,
superiors and subordinates. b) No peace officer shall ridicule, mock,
deride, taunt, belittle, willfully embarrass, humiliate, or shame any
person to do anything reasonably calculated to incite a person to
violence. Page 492-493. Professional Conduct Of Peace Officers Model
Policy MN STAT 626.8457 Attachment MN POST Professional Conduct of Peace
Officers Model Policy.pdf Marshall Minnesota
Police Department Policy Manual Policy Manual.
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