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Note: Why is this part really, really funny? Because the prosecution brought up the missing surveillance video aka potentially exculpatory evidence (Evidence which proves your innocence, right?) and not the defense in the mistrial transcripts, right? A competent attorney would ask why the depuites weren't following their own policy manual, right? Guess whose attorney never asked a policy question? Did you guess Lemarr's? And in the mistrial transcripts not a single veterinarian was asked while under oath to list all the subjective and objective tests that a competent veterinarian would perform in an equine/horse starvation criminal investigation, right?
Minneapolis attorney Katherine Claffey, Lemarr's other attorney, said county officials didn't conduct a thorough investigation. "There was a lot of [exculpatory] information they could have received, but they didn't go out and find it," she said. "I think it was a retaliatory complaint that was made because of a falling-out" between Lemarr and the breeder. Sleepy Eye horse trainer acquitted of 20 counts of animal cruelty After a five-day trial, jury took less than an hour to deliver verdict By John Reinan Star Tribune April 8, 2022 — 6:47pm https://www.startribune.com/sleepy-eye-horse-trainer-acquitted-of-20-counts-of-animal-cruelty/600163418/?refresh=true
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from: Lion News lionnews00@gmail.com
to: katie@grosheklaw.com,
James Kuettner jim@jklawmn.com,
fbusch@nujournal.com,
gorear@nujournal.com,
Jason Seidl Jason.Seidl@co.brown.mn.us,
Jeremy.reed@co.brown.mn.us,
cpeterson@nujournal.com
date: Apr 7, 2022, 11:23 AM
subject: Will Or Won't Subject Of Data Candi Lemarr Authorize Release Of Body Camera Video For State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272?
mailed-by: gmail.com
Katherine Claffey, lead attorney for Candi Lemarr 612-827-3833:
Would your falsely accused client, Candi Lemarr, subject of the data, have a problem with authorizing Brown County to release the body camera video for State of Minnesota vs Candi Jolene Lemarr Case Number 08-CR-21-272 to me? You know the body camera video that Brown county used to dispel rumors in the horse removal hearing, right? The same public benefit data that Brown county then magically and mysteriously and willfully refused to release to the public, right? You won't mind if I use the data to educate the Vet boards in both Iowa and Minnesota on how their licensed Vets think that the subjective Body Condition Scoring system for horses is "somewhat subjective," will you? Did you know that Iowa State Vet Jeff Kaisand, DVM has already called me up about my information? Oh, before I forget, did either you or Kuettner ask Brown County Chief Deputy/Investigator Jeremy Reed how it was possible that he couldn't fall back onto his expensive and time-consuming work-related continuing education to gather up all that potentially exculpatory surveillance video from the Lemarr farm? Did you or didn't you ask Reed why oh why he didn't get blood draws for the Lemarr horses prior to removing them from the farm? Will Candi be getting the trial transcripts for her acquittal? Hmm? Inquiring minds want to know, don't they?
Terry Dean, Nemmers 320-283-5713
Laboratory findings in chronically starved horses may include anemia, hypertriglyceridemia, hyperbilirubinemia (especially unconjugated bilirubin), high nonesterified fatty acid concentrations, lymphopenia, hypophosphatemia, and hypomagnesemia. 8 Protein deficiency that often occurs simultaneously can result in hypoalbuminemia and low BUN concentration. 8 Primary thiamine (Vitamin B1) deficiency (Beriberi) is another possible feature of starvation and Refeeding Syndrome documented in humans. 8 Prolonged or severe starvation depletes intracellular concentrations of phosphorus, potassium, and magnesium while serum concentrations often remain within normal limits. 8. Page 5. Equine Refeeding Syndrome: A Clinical Review of the Physiology, Diagnosis, and Management Stephen L Millar, Mississippi State University College of Veterinary Medicine Advisors: Jackie Bowser, DVM, PhD, DACVIM-LA, Mississippi State University College of Veterinary Medicine Michael Brashier, DVM, MS, DACVIM-LA, Mississippi State University College of Veterinary Medicine https://www.vetmed.msstate.edu/sites/www.vetmed.msstate.edu/files/presentations/10716E_1.PDF
“I thought the prosecution tried a great case. I can’t say we’re not pleased with the verdict. We are,” said Mankato defense lawyer James J. Kuettner of Mankato at the end of the week-long trial. “(Deputy Brown County Attorney) Jill Jensen and law enforcement did a wonderful job in this case. Justice has been done,” said Paul Gunderson, assistant Brown County attorneyJury acquits horse trainer Court News and Tickets Apr 2, 2022 Fritz Busch Staff Writer fbusch@nujournal.com
https://www.nujournal.com/news/local-news/2022/04/02/jury-acquits-horse-trainer/
Q Investigator Reed, if someone is posting online regarding what happened on November 23rd, 2020, were there eight deputies out at Sapphire Farms on November 23rd, 2020?
MR. KUETTNER: Objection to the -- sorry, Your Honor. Objection to the relevance. The first half of this question, whether or not somebody posting online, whatever they're posting has nothing to do with what happened on November 23.
THE COURT: I agree. I don't know what has been posted online. Obviously, we were focused here on what did happen and not on rumors or speculation or guesses online, so I will sustain the objection to the first part of the question. Page 146-147. Evidentiary Hearing - Volume III Day 3 of 3 Pages 111-172 Evidentiary Hearing File No. CV-20-978 Candi Lemarr vs. Brown County. Q: Andrea Liester, Assistant Brown County Attorney, Q: James Kuettner, Attorney for Defendant
https://www.revisor.mn.gov/statutes/cite/13.82 13.82 Comprehensive Law Enforcement Data. 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.
BY MS. JENSEN:
Q Officer Reed, without talking about that day, did anyone inform you there was surveillance footage on the property?
A Yes. (Note: Trained observer failed to notice surveillance cameras)
Q Who was that?
A Mr. Kuettner. And, prior to that, there was another call where deputies had received some SD cards, and things on it, on a loodprevious – previous call where Ms. Lemarr's – unrelated.
Q Do you recall if Ms. Lemarr talked with you about surveillance footage on the date that you were there?
A Yes. In reviewing my body camera, she does talk about having surveillance footage and her cameras. (Note: Trained observer failed to listener to suspect about presence of surveillance cameras)
Q And what -- do you recall what she said about her surveillance footage?
A That they would show that she -- how she cares for the animals and feeds the animals.
Q So you drafted a search warrant for the surveillance footage. Did you obtain that footage?
A Yes. It was an automatic delete after seven days, so we had seven day's images.
Q And were any of them the surveillance footage for the time period that you went out there on November 23rd?
A No. Page 537-538. Jury Trial Volume III File No. 08-CR-21-272 State of Minnesota v. Candi Jolene Lemarr
Q: Jill Jensen, Assistant Brown County Attorney
A: Brown County Chief Deputy/Investigator Jeremy Reed.
But I can tell the Court it is, essentially, this, the witnesses walked by a truck with several people in it. One of the people in the truck was a younger, eighteens, early twenties, they couldn't tell, blonde girl, woman, who seemed to be staring at my witnesses. One of my witnesses responded by showing her the middle finger. That witness is Eryn Friesen. So Eryn Friesen showed the person in the truck the
middle finger. There was a phrase, fuck you, in response. There was something responded to that, by Eryn Friesen, about, "Come back to me when you have a truck that the bank doesn't own," and, again, that's not the exact wording. I'm looking for that in my e-mail inbox. This was relayed to me by Eryn Friesen's mother, Rachel Friesen, their version of the events. Eryn Friesen was instructed -- or at least her mother tells me she instructed Eryn Friesen to contact my office with what happened from Eryn Friesen's perspective, when Eryn Friesen wakes up. I haven't received that yet.
THE COURT: Ms. Jensen, is this why you were asking for surveillance cameras outside?
MS. JENSEN: It is, Your Honor. And I did have a chance to review it. I did request a copy of it. Within seconds of exiting the building, Eryn Friesen gave the people in the vehicle the middle finger, which colloquially means fuck you. So I'm not surprised somebody said it back. She held it in midair walking, for several seconds, did it again, and then when she got down near the truck, she can be seen verbally indicating, and then her mother pulls her away. I've asked for a copy of that, but I'm not able to see the people in the truck. More or less, what Mr. Kuettner has said is accurate, except for I don't know if someone in the truck said fuck you. But it's very clear that Ms. Friesen initiated the altercation, so.
THE COURT: Okay. Regardless of who initiated it, it should go without saying, but, apparently it doesn't, that that sort of behavior is not acceptable anywhere. And I will ask both of you to remind your witnesses that there are certain laws that require a certain level of decorum. And I understand emotions and tempers run high in this case, but that's no excuse for this sort of confrontation. It's just unnecessary. And I will ask both counsel to advise your witnesses to ignore witnesses for the other side. It's just unnecessary. It sounds as if this may have risen to the level of a disorderly conduct, and nothing more. Fortunately, there was no physical confrontation. But, obviously, that's what we
want to avoid I will simply leave it at that at this point. Are we ready to bring in the jury? Page 632-634. Jury Trial Volume IV File No. 08-CR-21-272 State of Minnesota v. Candi Jolene Lemarr
Q: Jill Jensen, Assistant Brown County Attorney
Q: James Kuettner, Attorney for Defendant
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. Professional Conduct Of Peace Officers Model Policy MN STAT 626.8457 MN POST Professional Conduct of Peace Officers Model Policy.pdf – 616 Brown County Sheriff's Office Brown Cnty SO Policy Manual
2. Rules a) Peace officers shall carry out their duties with integrity, fairness and impartiality. b) 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. c) 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 MN POST Professional Conduct of Peace Officers Model Policy.pdf – 617 Brown County Sheriff's Office Brown Cnty SO Policy Manual
More to come ...
Related links:
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