from: Lion News lionnews00@gmail.com to: dbucholz@co.ottertail.mn.us, WayneJohnsonOTC@outlook.com, leerogness@yahoo.com, kmortens@co.ottertail.mn.us, bmurphy@co.otter-tail.mn.us, Michelle Eldien meldien@co.ottertail.mn.us, bfitzgib@co.ottertail.mn.us date: Feb 9, 2022, 10:40 AM subject: Chapter 13 Data Request For Data That Stacy Schoon Alleged Was Illegally Withheld From Her In Case No. 56-CR-20-926 State Of Minnesota Vs Stacy Joy Schoon mailed-by: gmail.com
Dan Bucholz District 1 Commissioner 218-849-2143/218-346-3575, Wayne D. Johnson District 2 Commissioner (Vice Chair) 218-863-7500, Kurt Mortenson District 3 Commissioner 218-205-2415, Betty Murphy District 4 Commissioner (Chair) 218-640-1706, Leland (Lee) Rogness District 5 Commissioner 218-770-7066:
Hey do you remember that complaint that Stacy Schoon signed against her backstabbing public defender Matthew Porter? You know the one where Schoon was allegeding that Porter was conspiring with Otter Tail County Attorney Michelle Eldien to illegally withhold her evidence from her Case No. 56-CR-20-926 State Of Minnesota Vs Stacy Joy Schoon? Did you know that I am going to request the data that Schoon was alleging that Eldien was illegally withholding from her? Do you know what I am thinking? I'm thinking that Eldien and Otter Tail County Sheriff Barry Fitzgibbons with all sorts of wild and crazy excuses why they can't email/file share that readily available, free, electronic public data to me, aren't I?
Do you remember me telling you about Jessica Hartger and Jeremy Boles filing their complaints against their public defenders in the court's Register of Actions in their respective cases in the First Judicial District? You remember that Both Hartger and Boles were allegeding similar misconduct by their public defenders as Schoon was allegeding against her public defender? Did you know that both Hartger and Boles were able to get new public defenders? Maybe that explains why your corrupt judicial officer Johnathan R. Judd willfully refused to allow Schoon to file her complaint against Porter into her Register of Actions?
Do you find it troubling that magically and mysteriously absolutely no mention of Schoon's admitted Hoarding disorder was ever mentioned during her plea hearing(s)? Maybe that explains why oh why Schoon was never required to undergo a psych evaluation? Because during the pysch eval Schoon might let it slip about her valid complaint against Porter? That would be pretty embarrassing for Eldien that Stacy was forced to take a plea deal because her evidence was being illegally withheld from her, correct? Plus, Schoon probably would have balked at the plea deal if a psych evaluation was part of the deal, right? Maybe that explains why oh why no mention of Schoon getting fingerprints or a mughsot was mentioned during Schoon's plea hearings?
Did you know that the amount on the Restitution affidavit for Schoon's case was originally $10,835.72? Oh, and then after Schoon filed her complaint it magically and mysteriously went down to $5,837.07? Can you guess the amount of restitution at the time of Schoon's Plea Hearings? If you guessed $2,466.07, then you are correct, aren't you? Doesn't that sound like the so-called victims made false claims of at least $8,369.65 in their Restitution affidavit? Wouldn't that be perjury on the part of the so-called victims? So you can see why both Otter Tail County Attorney Michelle Eldien and Otter Tail County Sheriff Barry Fitzgibbons would have a motive to illegally withhold this data from me, can't you? I'll keep you updated, okay?
Terry Dean, Nemmers 320-283-5713
Minnesota Judicial Branch Logo Minnesota Judicial Branch Minnesota Court Records Online (MCRO) https://publicaccess.courts.state.mn.us/DocumentSearch Case Details Case Number: 72-CR-20-85 Case Title: State of Minnesota vs JEREMY JAMES BOLES 08/10/2021 Correspondence 15 pages 07-09-21 Jeremy Boles signed complaint to First Judicial District Chief Judicial Officer Kathryn Messerich Case Details Case Number: 19HA-CR-19-2768 Case Title: State of Minnesota vs Jessica Danielle Hartger 06/22/2021 Correspondence 8 pages 06-01-21 Jessica Hartger’s signed complaint to First Judicial District Chief Judicial Officer Kathryn Messerich
My attorney has told me and I understand that a judge generally will not accept a plea of guilty from someone who claims to be innocent. However, I understand that the judge may accept my Alford guilty plea despite my claim of innocence, so long as I agree the state’s evidence is sufficient for a jury to find me guilty, beyond a reasonable doubt, if I have a trial. With this principle in mind, I acknowledge that: ... d. I may be required to successfully complete treatment for my conduct underlying the offense to which I am pleading. If I am required to successfully complete such treatment and I refuse to admit my guilt in treatment, I may be discharged from treatment. Failure to complete such treatment may result in my incarceration, civil commitment for treatment, or both. Alford Addendum to Petition to Enter Plea of Guilty Pursuant to Rule 15 https://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Rules%20of%20Crim%20Proc%20Forms%20Appendix/15-appendixG.pdf
6. I have / I have never been a patient in a mental hospital. 7. I have / have not talked with or been treated by a psychiatrist or other person for a nervous or mental condition. Petition To Enter Plea of Guilty In Felony Case Pursuant To Rule 15 https://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Rules%20of%20Crim%20Proc%20Forms%20Appendix/15-appendixA.pdf
I then explained to Stacy that I had a search warrant to search the contents of her residence. Stacy stated that she is a hoarder and her house is full of items. She stated that there was no room to stand near the front door of the residence and that is why she met with me outside. I did explain that we still would need to search her residence. At that time, I requested assistance from other officers in the search. While inside the residence, I provided Stacy Schoon a copy of the search warrant. It appeared she reviewed the search warrant for several minutes and stated that the items listed in the search warrant were or had been at her residence. Upon being inside the residence, it was extremely difficult to walk from one side of the room to another due to the amount of hoarding that had taken place inside the residence. Involved officers rummaging through extreme amount of debris, requested that Stacy Schoon retrieve the items listed in the search warrant. There were a number of items that were disposed of, mostly used or had been consumed that we were not able to retrieve. As mentioned earlier, a number of these items were consumables or grocery items. Stacy Schoon stated that the prepaid Visa gift cards listed in the search warrant were used for vehicle gas and groceries and there’s no balance remaining. OTTER TAIL COUNTY SHERIFF’S OFFICE FOLLOW UP INVESTIGATION REPORT INCIDENT NUMBER: 19035893 OFFENSE CATEGORY: Financial Transaction Card Fraud-609.821 subd 2 (1) COMPLAINANT: Stacy Ellen Wilde DEPUTY: Detective Jon Karger #325
https://www.mayoclinic.org/diseases-conditions/hoarding-disorder/symptoms-causes/syc-20356056 Hoarding disorder Overview Signs and symptoms may include: Excessively acquiring items that are not needed or for which there's no space Persistent difficulty throwing out or parting with your things, regardless of actual value Feeling a need to save these items, and being upset by the thought of discarding them Building up of clutter to the point where rooms become unusable Having a tendency toward indecisiveness, perfectionism, avoidance, procrastination, and problems with planning and organizing. Risk factors include: Personality. Many people who have hoarding disorder have a temperament that includes indecisiveness. Family history. There is a strong association between having a family member who has hoarding disorder and having the disorder yourself. Stressful life events. Some people develop hoarding disorder after experiencing a stressful life event that they had difficulty coping with, such as the death of a loved one, divorce, eviction or losing possessions in a fire.
Discrimination, Harassment and Retaliation Policy Statement It is the policy of the Board of Public Defense that discrimination, harassment, and retaliation in the workplace be prohibited. Discrimination or harassment based on sex, race, color, creed, religion, national origin, age, veteran status, marital status, sexual orientation, disability, or status with regard to public assistance will not be tolerated. It is the responsibility of Board of Public Defense employees to strive to create an environment free of harassment, discrimination, and retaliation. All Board employees are expected to treat other employees and the public with dignity, and respect and to comply with this policy. ... 4. Retaliation Retaliation includes, but is not limited to, intentionally engaging in any form of intimidation, reprisal or harassment against an individual because he or she made a complaint under this policy or assisted or participated in any manner in an investigation, or process under this policy, regardless of whether a claim of discrimination or harassment is substantiated; or associated with a person or group of persons who are disabled or are of a different race, color, creed, religion, sexual orientation or national origin. Retaliation may occur whether or not there is a power or authority differential between the individuals involved. State of Minnesota Board of Public Defense General Office Policies –Revised May 2019
D. The defense does not have to request the information, the prosecutor has the obligation to turn it over. United States v. Agurs, 427 U.S. 97 (1976). E. “Under Brady, the suppression by the State, whether intentional or not, of material evidence favorable to the defendant violates the constitutional guarantee of due process." Walen v. State, 777 N.W.2d 213, 216 (Minn. 2010). Brady/Giglio Policy Office Of The Otter Tail County Attorney Date Issued/Revised: July 20, 2020
Barry Fitzgibbons, Sheriff 218-998-8534 & Michelle Eldien, County Attorney, 218-998-8400:
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. Audio/video recorded statements and associated transcripts of Stacy Wilde, Jeff Wilde and Carla Ahrends for Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon DOB: 10/04/1979
2. Data indicating that Stacy Joy Schoon and or her public defender Matthew Porter received the audio/video recorded statements and associated transcripts of Stacy Wilde, Jeff Wilde and Carla Ahrends for Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon DOB: 10/04/1979.
3. Pleadings - 09/09/2020 Discovery Disclosure Index # 12 and 03/04/2021 Discovery Disclosure Index # 20 for Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon DOB: 10/04/1979.
4. Pleadings - 8/24/2021 Discovery Disclosure Index # 10, 09/23/2021 Discovery Disclosure Index # 11, 09/29/2021 Discovery Disclosure Index # 12, 10/08/2021 Discovery Disclosure Index # 14 for Case No. 56-CR-21-1817 State of Minnesota vs Heather Leah Morris DOB: 11/09/1982.
5 . Pleadings - 02/08/2022 Petition to Enter Guilty Plea Index # 43 (Judicial Officer: Judd, Johnathan R ) for Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon DOB: 10/04/1979.
6. Data indicating that Stacy Schoon was ordered to turned herself in to the Otter Tail County Sheriff's Office or other law enforcement agency for mugshot and fingerprints for Case No. 56-CR-20-926 State of Minnesota vs Stacy Joy Schoon DOB: 10/04/1979
Terry Dean, Nemmers 320-283-5713
Tunnel vision may have already led investigators at this point to prematurely but confidently conclude that the innocent suspect is guilty. Confirmation bias then leads investigators to seek out information and evidence that affirms this belief and to reject or discount information and evidence that does not. Richard A. Leo, Police Interrogation and American Justice, (Cambridge: 2008), Page 264.
https://www.revisor.mn.gov/statutes/cite/13.03 13.03 Access To Government Data. 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.
https://www.revisor.mn.gov/statutes/cite/13.82 Subd. 7. Criminal investigative data. Except for the data defined in subdivisions 2, 3, and 6, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has primary investigative responsibility are confidential or protected nonpublic while the investigation is active. Inactive investigative data are public unless the release of the data would jeopardize another ongoing investigation or would reveal the identity of individuals protected under subdivision 17. Images and recordings, including photographs, video, and audio records, which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the images and recordings shall be disclosed to any person requesting access to the inactive investigative file. An investigation becomes inactive upon the occurrence of any of the following events: ... Subd. 15. Public benefit data. Any law enforcement agency may make any data classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or nonpublic under section 13.825 or 626.19 accessible to any person, agency, or the public if the agency determines that the access will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
It should be noted that Stacy Wilde and Jeff Wilde do not currently reside in the same residence, but they share a joint checking accont. 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 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 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
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 Deputy: Detective Jon Karger #325. Report of Karger.DOCX 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
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
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
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
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
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: 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
Details: On 12/17/2019, I, Sergeant Robert Huckeby #308, assisted Detective Jon Karger #325 in executing a search warrant at the residence of Stacy Schoon. Part of my participation in the execution of the warrant was collecting the magnetic cell phone holder in the Ford F150 pickup and taking photographs that item as well as the F150 pickup. Stolen Property/Estimate Of Damages To Property Section Description Serial Number Make/Model/Brand Value Evidence / Recordings: Digital Photographs Magnetic cellphone holder was given to #325 Status: Forward with Detective Karger’s reports Detective Sergeant Robert Huckeby #308 Otter Tail County Sheriff’s Office RH: asl 12/20/19@1100hours ADM1 Job#66356. Otter Tail County Sheriff’s Office Follow Up Investigation Report 19035893 Offense Category: Theft Incident Number: Complainant: Deputy: Detective Sergeant Robert Huckeby #308 Report of Huckeby.DOCX
More to come ...
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