to: gdegler@co.carver.mn.us,
tworkman@co.carver.mn.us,
rmaluchnik@co.carver.mn.us,
tlynch@co.carver.mn.us,
jische@co.carver.mn.us,
Dave Hemze
brian.jones@courts.state.mn.us,
jdietrick4carvercounty4@yahoo.com,
felongaok@yahoo.com,
tim77@frontier.com,
jason.schmucker@ecm-inc.com,
tengstrom@swpub.com,
dwinter@swpub.com
date: Tue, Jul 17, 2018 at 10:47 AM
subject: Demand for Carver Co. Administrative Investigation into Case No.10-CR-17-897 State of Minnesota vs Dwight Lee Docken
mailed-by: gmail.com
Gayle Degler, Chair (District 1) (763) 381-1879 & David Hemze, Carver County Administrator, (952) 361-1526:
I'm demanding an administrative investigation into Carver County Attorney Mark Metz's and Carver Sheriff Jim Olson's misuse of public resources (609.52 Theft), criminal misconduct (609.43 (1)(2)) and willful refusal to comply with the Minnesota Data Practices Act (13.09) in regard to the illegal withholding of evidence in the Case No. 10-CR-17-897 State of Minnesota vs Dwight Lee Docken. According to your own organizational chart, you and your County Administer also have authority over the First Judicial District Court Administration Court Services/ Probation. So I am also demanding an administrative investigation into to the court's involvement in possible conspiracy with the sheriff and the county attorney to force Dwight Lee Docken to go to trial without all his evidence. See attached 06-06-18 complaint of Dwight Docken. Plus, I am demanding an administrative investigation in the illegal withholding Lexipol data. See attached Chapter 13 data request. Hmm? Inquiring minds want to know, don't they?
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. Current Carver County Commissioner's Policy Manual & Carver County, Mn Policy Manual
2. Name and contact information of attorney you submit my data to for and administrative investigation into Carver County Attorney Mark Metz's and Carver Sheriff Jim Olson's criminal misconduct & name and contact information for independent investigator.
3. My requested Lexipol data.
Terry Dean, Nemmers (320) 283-5713
P.S. Are you going to illegally withhold this readily available, free, electronic, public data from me or not? Hmm? Inquiring minds want to know, don't they?
4. Elected officials who violate one or more of the policy statements will be subject to the St. Louis County Code of Conduct for elected officials (Board Resolution No. 09-57).. 6. Reporting Suspected Violations Any complaint against an elected official should be submitted in writing to the County Board Chair and the County Administrator. A written complaint shall contain sufficient information to believe a violation may have occurred, and to ensure that the issue is clearly understood by those who will make a determination regarding its allegations. Upon receipt of an appropriate written complaint, the Chair of the County Board shall convene a meeting with the County Administrator and the County Employee Relations Director to review the complaint at their earliest convenience. At that meeting, a course of action in response to the complaint will be determined. If it is determined that an investigation is warranted, the elected official alleged to have violated the Code will be notified. The investigation may be completed by an authorized neutral third party. If the complaint contains an allegation that may be criminal in nature, the complaint will be sent to the appropriate law enforcement agency to determine if there is evidence of a criminal act. An acceptance of the investigation by a law enforcement agency will remove the matter from consideration under this Code of Conduct. The action of the law enforcement agency shall be final... April 10, 2017 St. Louis County, Minnesota Policy Manual https://www.stlouiscountymn.gov/Portals/0/Library/Dept/Auditor/County-Board/2017-04-10%20BOARD%20POLICY%20MANUAL.pdf
Case No. 10-CR-17-897 State of Minnesota vs Dwight Lee Docken
06/05/2018 Correspondence Index # 52
06/12/2018 Jury Trial (8:30 AM) (Judicial Officer Eide, Kevin W.) 06/12/2018, 06/13/2018 Result: Held
07/18/2018 Sentencing (1:30 PM) ()
Investigation Report of Investigator Michelle Soldo - Murray County Complaint Investigation - Alleged Hostile, Offenseive Thretening & Retaliatory Conduct on Part Of Murray County Sheriff Steve Telkamp http://media.graytvinc.com/documents/Murray+County+Complaint+Investigation.pdf
Carver County Organization Chart County Board County Administrator County Attorney, County Sheriff, First Judicial District Court Administration Court Services/ Probation https://www.co.carver.mn.us/home/showdocument?id=7153
The board asked for advice from their lawyer, who contacted an independent investigator ... Murray County Commission speak out for the first time since calling for Sheriff Telkamp's resignation By Jill Langland | Posted: Tue 7:04 PM, May 22, 2018 | Updated: Tue 7:08 PM, May 22, 2018 The investigator produced a 69-page report with the findings. ... But, an interim director was hired to handle personnel matters while Telkamp finishes his term. ... http://www.ksfy.com/content/news/Murray-County-Commission-speak-out-for-the-first-time-since-calling-for-Sheriff-Telkamps-resignation-483397041.html
Kathryn Davis Messerich, First Judicial District Chief Judicial Officer & Brian Jones, First Judicial District Administrator (651) 438-4352:
I am demanding a copy of the final results of your investigation into the allegations of Dwight Docken (Case No. 10-CR-17-897 State of Minnesota vs Dwight Lee Docken) and your response to Docken. You wouldn't mind if Dwight Docken reported his evidence of Carver County Attorney Mark Metz's and Carver Sheriff Jim Olson's criminal misconduct to law enforcement, would you? Hmm? Inquiring minds want to know, don't they?
Terry Dean, Nemmers (320) 283-5713
P.S. How was it possible for former Prior Lake Fireman Bryan David Zipoy to magically and mysteriously appear at his 06/25/2018 arraignment for his undercharged case no. 70-CR-18-6830 (Zipoy should be charged with 2nd felony assault instead of a couple of measly misdemeanors, right?) when it is a matter of the public record that Zipoy has provided a false address to law enforcement on numerous occasions since 2015? Hmm? Inquiring minds want to know, don't they?
P.S.S. It's standard operating procedure for your so-called officers of the court to illegally withhold evidence from suspects/defendants to force them to either plead guilty or be found guilty at trial, isn't it?
Any allegations that an Attorney has acted unethically can be made to the Minnesota Board of Professional Responsibility. Based on your letter to the Hastings Chief of Police, it Is evident you are aware that any allegations of criminal conduct are made to the local law enforcement agency. Sincerely, Terrence E. Conkel Chief Judge of the First Judicial District RE: State v. Evavold Court File # 19HA-CR-15-4227 Date: July 18, 2016
The First Judicial District has 36 judges and more than 250 staff that handle over 120,000 cases annually in the counties of Carver, Dakota, Goodhue, Le Sueur, McLeod, Scott, and Sibley. The court's mission is "to provide justice through a system that assures equal access for the fair and timely resolution of cases and controversies." http://www.mncourts.gov/Find-Courts/First-Judicial-District.aspx
Carver County County Commissioner District 4 Candidates Justin Dietrick (952) 212-9917, Frank Long (612) 202-8789, Tim Lynch (952) 807-2806:
Will you or won't you demand that the Carver County Commissioners launch an immediate administrative investigative investigative data into Carver County Attorney Mark Metz's and Carver Sheriff Jim Olson's misuse of public resources (609.52 Theft), criminal misconduct (609.43 (1)(2)) and willful refusal to comply with the Minnesota Data Practices Act (13.09) in regard to the illegal withholding of evidence in the Case No. 10-CR-17-897 State of Minnesota vs Dwight Lee Docken? Will you or won't you demand that the Carver County Commissioners launch an administrative investigation into to the court's involvement in possible conspiracy with the sheriff and the county attorney to force Dwight Lee Docken to go to trial without all his evidence? Will you or won't you demand that the Carver County Commissioners launch an administrative investigation in the illegal withholding Lexipol data? Hmm? Inquiring minds want to know, don't they?
Terry Dean, Nemmers (320) 283-5713
P.S. Do you have reason to suspect that Carver County newspaper reporters are nothing but stenographers, cheerleaders and fake news generators for corrupt local officials? Hmm? Inquiring minds want to know, don't they?
The Commissioner cannot opine on the proper application of the ethical rules governing the conduct of attorneys; that is strictly within the purview of the Courts. For further guidance, the Commissioner refers the County to the comments to Rule 4.2, in particular Comment 4. 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
All discovery shall be exchanged prior to the settlement conference. Probable Cause and Scheduling Order for State of Minnesota Vs. Deirdre Elise Evavold 19HA-CR-15-4227 Dated 3-1-16 Signed by Dakota County District Court Judge Karen Asphaug
Missing Evidence Lakeville Officer Kellie Coughlin’s preliminary audio recorded Statements from Gianna & Samantha Rucki Preliminary audio statements of David Rucki, Tammy Love, Rick Hakanson, Lori Musolf, Keli Coughlin, Jim Dronen, and Matthew Palmer – Deputy US Marshal, Corresponding audio and video with report) Stearns County Evidence (Surveillance of Residence by David Rucki) (Private, criminal investigative data for Christina Fox) Blue ray disc containing MN Bureau of Criminal Apprehension reports .... A17-0200 Court of Appeals State of Mn vs Dede Evavold https://www.scribd.com/documen t/353993982/Reply-Brief-Evavold
MS. KEENA: Your Honor, the defendant did receive a fair trial in this matter. It was her actions and her inaction in not wanting to participate under this false belief that she did not receive all the discovery in this case. She received all the discovery in this case, and this nonsense about Christina Fox and Stearns County, I have no idea what she's referring to. She was given police reports that outlined what Christina Fox -- what information she provided to the Lakeville Police Department. I have no idea what she's talking about in relation to Stearns County. State of Minnesota v. Deirdre Elise Evavold. November 10, 2016 Sentencing Hearing. Court File No. 19HA-CR-15-4227.
A. Co-Defendant Deirdre Evavold received 12 times the evidence as Appellant. Signed July 10, 2017 by Sandra Grazzini-Rucki. Page 10. Appellants’ Reply Brief, Addendum. Case Number: A16-1997 Short Title: State of Minnesota, Respondent, vs. Sandra Grazzini-Rucki, Appellant. [Note: Sandra had not one but two licensed attorneys on her criminal case. Evavold represented herself.] https://www.scribd.com/document/354000486/Reply-Grazzini Reply Grazzini Uploaded by mikekvolpe
Tim Engstrom, Chaska Herald Regional Editor 952-843-4640 & Jason Schmucker Sun Patriot Newspapers Managing Editor (952) 442-4186 & Deena Winter, Prior Lake American Regional Editor 952-345-6680:
Did either one of you ever do an investigation to into Dwight Docken's allegations that evidence was being illegally withheld from him in Case No. 10-CR-17-897 State of Minnesota vs Dwight Lee Docken? Isn't it your advertised job to ask Carver County Attorney Mark Metz and Carver Sheriff Jim Olson if they were illegally withholding Chapter 13.82 subdivision 7 criminal investigative data https://www.revisor.mn.gov/statutes/cite/13.82 from Dwight Lee Docken? Did either one of you attend Docken's trial or thoroughly examine the court records for Case No. 10-CR-17-897? If not, then why? Inquiring minds want to know, don't they?
Terry Dean, Nemmers (320) 283-5713
P.S. Did Deena Winter ever ask how it was possible for former Prior Lake Fireman Bryan David Zipoy to magically and mysteriously appear at his 06/25/2018 arraignment for his undercharged case no. 70-CR-18-6830 (Zipoy should be charged with 2nd felony assault instead of a couple of measly misdemeanors, right?) when it is a matter of the public record that Zipoy has provided a false address to law enforcement on numerous occasions since 2015? Hmm? Inquiring minds want to know, don't they?
P.S.S. Are you or aren't you going to investigate how First Judicial District Prosecutors, aka so-called officers of the court, illegally withhold evidence from suspects/defendants to force them to either plead guilty or be found guilty at trial? Hmm? Inquiring minds want to know, don't they?
P.S.S.S. Hey did you know that I was able to obtain the evidence that First Judicial District Prosecutor Kathryn Keena illegally withheld from Dede Evavold in her high-profile criminal case? It's the Christina Fox data below, isn't it? It is, isn't it?
SEEK TRUTH AND REPORT IT Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless. BE ACCOUNTABLE AND TRANSPARENT Acknowledge mistakes and correct them promptly and prominently. Explain corrections and clarifications carefully and clearly. Expose unethical conduct in journalism, including within their organizations. Society of Professional Journalists Code of Ethics
When Fox and Sam did leave the residence, they went to the library and a business similar to a print shop to fax documents to a Dale who was believed to be an attorney. Fox said Sam would always duck down the entire time during the drive. Sam was scared and did not want anyone to know where she was. ... I later made contact with Lieutenant Polinski and updated him on the information that I gathered. Stearns County Sheriff’s Office Narrative Report ICR# 15060803.3 sup page 2 of 3. from: Lieser, Mary Mary.Lieser@co.stearns.mn.us to: "lionnews00@gmail.com" lionnews00@gmail.com date: Tue, Apr 3, 2018 at 3:53 PM subject: FW: Chapter 13 Data Request - Dede Evavold & Christina Fox Data mailed-by: co.stearns.mn.us
Attachments: Demand for investigation071018_1050am.pdf, Chapter 13 data request - Challenge fraudulent bill & request for brand spanking new complaint for Zipoy061418_442pm.pdf, Damning_Evidence_Criminal_Misconduct.pdf, Chief_Judge_Complaint_Dwight_Docken.pdf
318 Morse St. N.
Norwood/YA. 55368
612-910-6432
jiljconinc@gmail.com
Emailed to: mmetz@co.carver.mn.us brian.jones@courts.state.mn.us jason.schmucker@ecm-inc.com
I, Dwight Docken am making this complaint as I have been harassed, and abused, and denied evidence by the Carver County Prosecutors Mark Metz in regard to Carver County Court Case File Number #10-CR-17-897.
On two separate occasions I was hauled into Carver County Jail and arrested without a valid warrant. I was held in detention without access to a phone call. And finally, I was hauled in front of a judge the next day and then released the next day with no charges filed against me.
I have not received full disclosure of my evidence making it impossible to prepare a proper defense. I have received only paper documents and not readily available, free, electronic data in the required searchable PDF format. Plus, my limited evidence has come by snail-mail. Also, I could only get 2 of the 5 CDs from the prosecutors office one photographs of the scene, one audio only to play. Three of the Squad video (labeled #8, squad video) would not play on my son’s computer. One of the CD’s stated “it has come to our attention that the copy previously disclosed may have been defective.” I have not received any of the other six deputies (Matthew Klukas, Ross Thompson, Dustin Bones, Jacob Hodge, David McDonald, and female deputy not identified ) squad audio or squad videos that were on scene at the time of the incident. The female deputy’s (who was not identified) data is also missing. Ever deputy should have electronic data for my case.
It is also impossible to prepare a proper defense when I am being denied the transcripts that I requested. I have requested the Court Record Transcripts in a Request for Production document. Lisa Anderson of the Court administration called me on May 22nd, informing me that I was not entitled to “the Court Record Transcripts” unless I pay for each transcript. Also Ms. Anderson informed me that it would be virtually impossible to receive transcripts prior to the trial date on 6/12/2018.
I have not been able to consistently work since this incident because the primary work truck that along with Brandon Vatnsdal(owner and operator of pickup) was confiscated leaving me essentially broke and unable to pay for Court Record Transcripts. Why isn’t the judge asking me if I am too broke to get the data that I need to prepare for trial? I have reason to suspect that the judicial officers (Michael Wentzell, and Janet L. Barke Cain) know or should know that I am broke. However, none of the judicials officers (Michael Wentzell, and Janet L. Barke Cain) want to determine my financial status on the
court record. Why? I have reason to suspect that they want to break me financially as well as mentally so I am forced to plead guilty.
Prior to the phone call from Ms. Anderson, I had filed a motion for a continuance stating that the overwhelming burden placed on myself by trying to prepare for trial after I had been stuck down with pneumonia for two weeks. Then immediately after the bout with pneumonia it was necessary for me to care for my infant grandson for that very next week. Why? My daughter Crystal (Lily) had been admitted into the Hutchinson Mental Health ward for Suicide prevention and depression. Likewise she had been Hospitalized at Prairie Care in Brooklyn Center for suicide prevention and depression on the days prior to and after the the night of the incident. She and my whole family suffer greatly from depression since the suicide death of my youngest daughter Iris (then age 12), less than one year prior to the incident. All of this have been a huge mental and financial burden. Which is why I was not surprised that Motion for Continuance was denied. It was just another opportunity to kick poor, harassed Dwight Docken while he was down.
We all live in the age of technology. However, I suspect that Carver Co. Attorney Mark Metz and the judicial officers (Michael Wentzell, and Janet L. Barke Cain) want to keep me from benefiting from the age of technology. Which is why I am receiving snail-mailed pieces of paper and not electronic data in searchable pdf format. It is amazing that the court rules say that a party can be sanctioned for not giving a judicial officer electronic data in searchable pdf format. But poor, harassed Dwight Docken can have pieces of paper shoved into his face. Obviously, General Rule of Practice, Rule 14, does not apply to poor, harassed Dwight Docken.
In conclusion, I have reason to suspect that Carver Co. Attorney Mark Metz and the judicial officers (Michael Wentzell, and Janet L. Barke Cain) want to force poor, harassed Dwight Docken to plead guilty or to be found guilty at trial without ever receiving all his evidence. _______________________________________
Dwight Docken
More to come ...
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