301 W Lake St.
Chisholm, MN 55719
(218) 254-7915/(218) 254-7939
vmanner@ci.chisholm.mn.us
This is my signed criminal complaint against your corrupt St. Louis County Attorney Mark S. Rubin, St. Louis County Attorney Criminal Division Head Gary W. Bjorklund, and St. Louis County Assistant County Attorney Christopher Pinkert in what I have a reason to suspect is a conspiracy with Mn Dept of Natural Resources (DNR) Colonel Rodmen Smith, DNR Administrative Manager Captain Alex Gutierrez and MN DNR Data Practices Compliance Official Sheila Deyo to illegally release 1,2,3,4,5,6 my confidential, nonpublic, criminal investigative data for Case No. 69DU-CR-17-900 to media outlets in order to try my case in the court of public opinion. I have reason to suspect that Rubin, Bjorklund, Pinkert, Smith, Gutierrez, and Deyo are guilty of misusing public resources (609.52 Theft), engaging in criminal misconduct (609.43(2)(3) Misconduct of public officer or employee), and willful refusal to comply with the Minnesota Government Data Practices Act (13.09 Penalties). See Exhibits A – D.
This is also my Chapter 13 data request for the public portion of my initial complaint report (ICR) in its original seachable pdf format.
_____________________________________
1. 13.09 PENALTIES. (a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor. (b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee. 2017 Minnesota Statutes
2. 13.83 Comprehensive Law Enforcement Data. 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. 2017 Minnesota Statutes
3. B. 1. Officers shall not release archive copies (or original video or audio tape recordings) from their custody. Officers shall honor legitimate requests for access to evidentiary media by making and providing a copy of the media to the prosecuting attorney or the division’s data practices responsible authorities. VII. Storage Of Photographs And Recordings – O-11-06, Property And Evidence Standards – Minnesota Department Of Natural Resources Division Of Enforcement 4. Subd.
4. Custody of Materials. Materials furnished to a party under discovery rules or orders must remain in the party's custody and be used by the party only to conduct that attorney's side of the case, and may be subject to other conditions the court orders. Rule 9.03 Regulation of Discovery – Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases – Minnesota Court Rules Of Criminal Procedure
5. (a) A lawyer who is participating or has participated in the investigation or litigation of a criminal matter shall not make an extrajudicial statement about the matter that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing a jury trial in a pending criminal matter. Rule 3.6 Trial Publicity – Professional Rules – Minnesota Rules of Professional Conduct – Minnesota Court Rules
6. (f) exercise reasonable care to prevent employees or other persons assisting or associated with the prosecutor in a criminal case and over whom the prosecutor has direct control from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6. Rule 3.8 Special Responsibilities of a Prosecutor – Professional Rules – Minnesota Rules of Professional Conduct – Minnesota Court Rules.
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Table: Court Dispositions vs. Date of publication in media of confidential, nonpublic data
Case No. 69DU-CR-17-900 State of Minnesota vs Roderick Robert Kottom
As of today’s date: Pending disposition
Case No. 69DU-CR-17-901 State of Minnesota vs Douglas Anthony Marana 06/26/2017: Sentenced (Judicial Officer: Albrecht, H. Peter)
Date of publication: 03/16/17 2 charged in illegal trapping operation http://www.kare11.com
Case No. 03-CR-15-1798 State of Minnesota vs Anthony Emmons
Case No. 03-CR-15-1800 State of Minnesota vs Clifford Emmons
05/27/2016 Sentencing Order (Judicial Officer: Carlson, Jay D. )
Case No. 03-CR-15-1802 State of Minnesota vs Ryan Emmons
Case No. 03-CR-15-1800 State of Minnesota vs Clifford Emmons
04/27/2016 Sentencing Order (Judicial Officer: Carlson, Jay D. )
Case No. 03-CR-15-1801 State of Minnesota vs Gregory Emmons
Case No. 03-CR-15-1803 State of Minnesota vs Amanda Wrigh
Case No. 03-CR-15-1804 State of Minnesota vs Chad Wright
09/22/2015 Sentencing Order (Judicial Officer: Evans, Joseph A. )
Date of publication: 08/11/15 Six Indiana Vacationers Charged With 676 Fish Over Minnesota Limit http://minnesota.cbslocal.com
Date of publication: 08/17/15 Six Indiana anglers caught with 676 fish over the limit http://www.brainerddispatch.com See attached articles.
Case No. 37-CR-15-22 State of Minnesota vs Joshua Dwight Liebl 04/11/2016 Disposition (Judicial Officer: Van Hon, Thomas W.) Charges 1. - 13. Dismissed
Date of publication: 05/02/16 ACLU joins appeal in GPS deer poaching case Date of publication: 10/17/16 Court of Appeals upholds dismissal of poaching charges
Date of publication: 04/20/16 Lac qui Parle County appeals poaching dismissal http://www.wctrib.com See attached articles.
Case No. 21-CR-13-51 State of Minnesota vs Ronald Wayne Johnson 7 12/21/2015 Amended Disposition (Judicial Officer: Battey, David R.) Reason: Appeals Court Reversal – Vacated.
02/16/2016 Amended Disposition (Judicial Officer: Battey, David R.) Reason: Court Order Charge #1 – Dismissed
Date of publication: 01/24/2013 DNR busts Carlos man with 250 fish over limit http://www.echopress.com See attached article.
_____________________________________
7. Mr. Karpan: I do have one request. Um, I've not asked for this before, I'm not sure how to handle it, but the Department of Natural Resources as they've done in the past has seen fit to do a press release, and officer Osborne has answered questions for the newspaper. My client – all the facts of the case are in the Echo Press, on the radio and in sporting magazines. Not only are there quotes in there that aren't - - I mean I know the State has a right to release incident data I think it's called. Under Chapter 13.82, investigative data is not to be released. Well, there are pictures allegedly of my client's fish all over the Echo Press. Everybody in town is talking about it. I don't know if I'll have to make a change of venue motion eventually. I'll have to see how this plays out in a few months. But under 13.82, there's no way the DNR is supposed to be releasing pictures of evidence to the news- paper. It prejudices my client. It prejudices all of us. It makes it impossible to get a fair (continued)
Page 2 of 3
I’ve attached Terry Dean, Nemmers’ Chapter 13 data requests. The Chapter 13 data requests indicate that Nemmers received confidential, nonpublic data (See attached digital image: Indiana overlimits.jpg) for the Indiana Fisherman’s cases (03-CR-15-1798, 03-CR-15-1800, No. 03-CR-15- 1802, 03-CR-15-1800, 03-CR-15-1801, 03-CR-15-1803, and 03-CR-15-1804). Nemmers’ Chapter 13 data requests indicated that both DNR Administrative Manager Captain Alex Gutierrez and MN DNR Data Practices Compliance Official Sheila Deyo were willing to illegally release the same confidential, nonpublic to Nemmers as they illegally released to the personnel 9 of KARE 11-TV.
In conclusion, I have reason to suspect that I have clearly outlined the means, motive and opportunity in a conspiracy between St. Louis County Attorneys Rubin, Bjorklund, Pinkert and DNR Colonel Smith, Captain Gutierrez and MN DNR Data Practices Compliance Official Deyo to illegally release confiden- tial, nonpublic data in both my case (69DU-CR-17-900) and the case for my co-defendant in (69DU- CR-17-901) to try the cases in the court of public opinion.
___________________________________________________________
Roderick “Rick” Kottom
222 3 rd St. SW.
Chisholm, MN 55719
218-254-2310
_____________________________________
7. (continued) trail. So I'm asking the Court to order the Department of Natural Resources to not discuss this case any further until it's done.
The Court: Mr. Hochsprung?
Mr. Hochsprung: Your Honor, I did not authorize the Department of Natural Resources to disclose anything to the paper. Um, I can talk with Mr. Osborne or whoever about that, but I don't have any information about that. State of Minnesota vs. Ronald Wayne Johnson Rule 5/ Rule 8 Hearing. Court File No. 21-CR- 13-51. February 11, 2013 [Note: Mr. Karpan is former Douglas County Attorney Christopher Karpan]
8. Subd. 2. Notice to individuals; investigation report. (a) A government entity that collects, creates, receives, maintains, or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach. Written notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person and must inform the individual that a report will be prepared under paragraph (b), how the individual may obtain access to the report, and that the individual may request delivery of the report by mail or e-mail. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data. 13.055 Disclosure Of Breach In Security; Notification And Investigation Report Required
9. Seek Truth and Report It – Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless. Minimize Harm – Recognize that legal access to information differs from an ethical justification to publish or broadcast. Be Accountable and Transparent – Expose unethical conduct in journalism, including within their organizations. Society of Professional Journalists Code of Ethics
Page 3 of 3
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us
date: Thu, Apr 5, 2018 at 11:21 AM
subject: Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04
mailed-by: gmail.com
Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:
Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):
1. City of Chisholm's resolution appointing an administratively and technically qualified Responsible Authority. https://www.revisor.mn.gov/rules/?id=1205.2000
2. City of Chisholm's Notice to Commissioner of Administration: Adoption of Model Policies https://mn.gov/admin/assets/accesspol-adopt_tcm36-309301.docx
3. City of Chisholm's current data retention schedule http://www.mnhs.org/preserve/records/docs_pdfs/17_mncounties_lawenforcement.pdf
4. Audio recordings, transcripts, digital images, incident and CAD reports for Roderick Robert Kottom (DOB: 08/03/1948) incident involving Chisholm police and DNR on 12-13-04. https://mn.gov/admin/assets/2017%20Public%20Access%20Policy%20for%20Website-2017_tcm36-309298.docx
Terry Dean, Nemmers (320) 283-5713
Case No. 69DU-CR-17-900 State of Minnesota vs RODERICK ROBERT KOTTOM
03/19/2018 CANCELED Pre-trial (10:00 AM) (Judicial Officer Ackerson, David E.) Other 05/07/2018 Pre-trial (2:00 PM) (Judicial Officer Ackerson, David E.)
05/08/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/09/2018 Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.)
05/10/2018 Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) 05/10/2018, 05/11/2018
DNR conservation agents confiscated 638 illegal snare traps, as part of an investigation that led to charges against 2 men from northeastern Minnesota who allegedly ran a large illegal trapping operation that covered parts of 4 counties. (Photo: MN DNR) Agents seized a number of illegally trapped animals while serving search warrants on the suspects' homes in early January. (Photo: MN DNR). 2 charged in illegal trapping operation Dana Thiede, KARE 1:18 PM. CDT March 16, 2017 Agents seized a number of illegally trapped animals while serving search warrants on the suspects' homes in early January. (Photo: MN DNR) http://www.kare11.com/life/outdoors/2-charged-in-illegal-trapping-operation/423105908
Mr. Karpan: I do have one request. Um, I've not asked for this before, I'm not sure how to handle it, but the Department of Natural Resources as they've done in the past has seen fit to do a press release, and officer Osborne has answered questions for the newspaper. My client – all the facts of the case are in the Echo Press, on the radio and in sporting magazines. Not only are there quotes in there that aren't - - I mean I know the State has a right to release incident data I think it's called. Under Chapter 13.82, investigative data is not to be released. Well, there are pictures allegedly of my client's fish all over the Echo Press. Everybody in town is talking about it. I don't know if I'll have to make a change of venue motion eventually. I'll have to see how this plays out in a few months. But under 13.82, there's no way the DNR is supposed to be releasing pictures of evidence to the newspaper. It prejudices my client. It prejudices all of us. It makes it impossible to get a fair trail. So I'm asking the Court to order the Department of Natural Resources to not discuss this case any further until it's done.
The Court: Mr. Hochsprung?
Mr. Hochsprung: Your Honor, I did not authorize the Department of Natural Resources to disclose anything to the paper. Um, I can talk with Mr. Osborne or whoever about that, but I don't have any information about that. State of Minnesota vs. Ronald Wayne Johnson Rule 5/ Rule 8 Hearing. Court File No. 21-CR- 13-51. February 11, 2013
07-05-16 BCA Agency Deployment Report
ORI: MN0690500; County: St. Louis; Agency Type: Law Enforcement; Name: Chisholm Police Department; Module: Citation; Date Deployed: 11/17/2009; Last Adapter Used: DAMION Shield
ORI: MN0690500; County: St. Louis; Agency Type: Law Enforcement; Name: Chisholm Police Department; Module: DWI; Date Deployed: 10/4/2012; Last Adapter Used: eCharging
ORI: MN069029A; County: St. Louis; Agency Type: Prosecuting Authority; Name: Chisholm City Attorney; Module: Complaint; Date Deployed: 6/28/2016; Last Adapter Used: eCharging
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us
date: Wed, Apr 11, 2018 at 4:27 PM
subject: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
mailed-by: gmail.com
Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:
What is the status of my Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
Terry Dean, Nemmers (320) 283-5713
Lion News: MN DNR Covers Up Endangerment Of Kottom’s Diabetic Wife During Home Search? https://www.youtube.com/watch?v=o4akkYfVEzU
to: Lion News lionnews00@gmail.com,
"blindsay@trentilaw.com" blindsay@trentilaw.com,
Vern Manner vmanner@ci.chisholm.mn.us
date: Mon, Apr 16, 2018 at 9:38 AM
subject: RE: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
mailed-by: ci.chisholm.mn.us
security: Standard encryption (TLS) Learn more
Good morning Mr. Nemmers –
Here is the information that you requested.
Thanks,
Jenn
From: Lion News [mailto:lionnews00@gmail.com]
Sent: Wednesday, April 11, 2018 4:27 PM
To: Jennifer A. Sterbenz admin@ci.chisholm.mn.us; blindsay@trentilaw.com; Vern Manner vmanner@ci.chisholm.mn.us
Subject: What is Status Of Chapter 13 data request: Roderick Robert Kottom - DNR Incident DOI: 12-13-04?
3 Attachments: Kottom DNR.pdf, 0510-32 RETENTION SCHEDULE.PDF, 0118-7 APPOINT RESPONSIBLE AUTHORITY.pdf
Reference: Data Request from Lion News
Administrator Sterbenz,
I have checked all of our records for the above data request involving Roderick Robert Kottom – DNR incident.
We have no records relating to this incident. From my recollection this was a DNR case and totally handled by the State of Minnesota.
Sincerely
Vernon J Manner
Chief of Police Kottom DNR.pd
to: admin@ci.chisholm.mn.us,
blindsay@trentilaw.com,
vmanner@ci.chisholm.mn.us,
Kyle Kottom kkottom29@gmail.com
date: Thu, Apr 19, 2018 at 4:23 PM
subject: Chapter 13 data request - Public portion of initial criminal complaint for Roderick Kottom complaint
mailed-by: gmail.com
Jennifer Sterbenz, Clerk-Treasurer/Administrator (218) 254-7960 (218) 254-7955 cell (218) 969-9661, Vernon Manner, Chief of Police, (218) 254-7915/(218) 254-7939, Bryan Lindsay, City Attorney (218) 749-1962 or (800) 422-0912:
Chapter 13 data request - Please email/file share me the following readily available, free, electronic, public data in its original searchable pdf format pursuant to 13.03 Subd 3(e):
1. Public portion of initial criminal complaint for Roderick Kottom's Complaint he submitted on 04-17-18.
2. Previously requested and magically and mysteriously denied audio recordings, transcripts, digital images, incident and CAD reports for Roderick Robert Kottom (DOB: 08/03/1948) incident involving Chisholm police and DNR on 12-13-04. https://mn.gov/admin/assets/2017%20Public%20Access%20Policy%20for%20Website-2017_tcm36-309298.docx
Terry Dean, Nemmers (320) 283-5713
P.S. Did Chisholm Chief of Police Vernon J. Manner magically and mysteriously change his story about the data from the DNR incident on 04-17-18? Hmm? Inquiring minds want to know, don't they?
April 12, 2018 Reference: Data Request from Lion News Administrator Sterbenz, I have checked all of our records for the above data request involving Roderick Rober Kottom – DNR incident. We have no records relating to this incident. From my recollection this was a DNR case and totally handled by the State of Minnesota. Sincerely Vernon J Manner, Chief of Police Kottom DNR.pdf
Case No. 69DU-CR-17-900 State of Minnesota vs Roderick Robert Kottom
05/08/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/09/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
05/11/2018 CANCELED Jury Trial (9:00 AM) (Judicial Officer Ackerson, David E.) Other
When can I get a copy of the investigative report? Investigation ongoing If the law enforcement agency is still investigating the crime, members of the public will not be able to get a copy of the report. They can, however, get what’s often referred to as the public portion of the report containing basic information about the case that is classified as public. How Do I Get A Copy Of My Police Report? Information For Crime Victims Who Want To Make A Request For Law Enforcement Data. https://dps.mn.gov/divisions/ojp/forms-documents/Documents/Getting%20copy%20of%20report.pdf
Lion News: MN DNR Covers Up Endangerment Of Kottom’s Diabetic Wife During Home Search? https://www.youtube.com/watch?v=o4akkYfVEzU
More to come . . .
Related Links:
Corrupt DNR Conspires With Hacks At KARE 11 TV To Rig Case No. 69DU-CR-17-901 State Of Mn VS Douglas Anthony Marana & Case No. 69DU-CR-17-900 State Of MN VS Roderick Robert Kottom? DNR Illegally Releases Confidential Data Yet Again, Right? Do You Remember Former DNR Col Rodmen Illegally Releasing 03-CR-15-1798, 03-CR-15-1800, 03-CR-15-1801, 03-CR-15-1802, 03-CR-15-1803 & 03-CR-15-1804 Confidential Data To WCCO-TV Hack Bill Hudson?
