Self-Confessed Illegal Immigrant Jose Antonio Vargas Arrested, Minnesota And Feds Let Him Go – Wetback Was Driving On Washington License That Had Been Canceled Due To Fraud

MINNESOTA – Jose Antonio Vargas, the writer and activist who went public last year with his status as an undocumented immigrant, was arrested for a driving infraction in Minnesota on Friday, but federal immigration authorities did not detain him or take any other action, officials said Saturday.

Vargas, a former Washington Post reporter who revealed his status in The New York Times Magazine and touched off a debate in the journalistic community, was initially pulled over by a state trooper for driving while wearing head phones, Eric Roeske, public information officer for the Minnesota state patrol, told POLITICO.

“He did produce a Washington driver’s license” after being pulled over, Roeske said. “When the trooper ran the license, it showed the status [of the license] was canceled. It also indicated there may have been fraudulent activity associated with the license. That’s why [it might have been] canceled. That triggered the trooper to look into that further and contact ICE (U.S Immigration and Customs Enforcement).”

Duluth Minnesota Police Officer Richard Jouppi Faces Two Tiny Misdemeanors After Attacking And Brutally Beating Man In Wheelchair – Bogus Charges Against His Victim Dropped

DULUTH, MINNESOTA – A Duluth, Minnesota, police officer will face criminal charges for, as a video shows, beating up a man in a detox facility last month, the city’s police department said Thursday.

Shawn Reed, the independent counsel looking into the case, decided Thursday to press charges against Officer Richard Jouppi, according to a news release from Duluth police.

Jouppi will face counts of fifth-degree assault and disorderly conduct, both misdemeanors.

The officer’s attorney, Frederic Bruno, defended his clients’ actions as “100%” justified.

According to a police report written by Jouppi, officers responded on September 21 to transport a man — later identified as Anthony Jackson — who witnesses described as being “extremely intoxicated (and) in two fights tonight.” Duluth police spokesman Jim Hansen said last Friday that officers had gone to a halfway house because Jackson had violated its no-drinking policy.

Jackson was brought to the Duluth Detoxification Center “without incident,” though once there the police report indicates he exchanged “unpleasant remarks” with a female staff member.

Security camera footage, later released to media, shows Jackson in a room sitting in a wheelchair trying to take off his coat. He stands up, trying to remove his jacket, when the police officer — Jouppi, who had been standing by the door — arrives and pins Jackson’s arm behind his head, pushing him back.

The video shows Jackson pawing once at the police officer’s face, as his other arm is pinned back. Jouppi responds with five punches to Jackson’s head, then grabs him by the neck and pulls him off his wheelchair and onto the floor.

“I controlled his right arm at the elbow in order to prevent Jackson from falling through with his threat to strike (a) staff member,” Jouppi wrote in the police report.

“I sought to take Jackson into custody and delivered two strikes to Jackson’s face, as it was the only target presented to me at the time and in order to keep him from delivering more strikes I flipped the wheelchair … which brought Jackson’s back down to the ground.”

Jackson was booked on charged of felony assault and later released, Hansen said. But those charges have since been dropped, according to Ernie Swartout, records manager for the Duluth police department — a move that Jouppi’s lawyer said was “expected” and “is pandering to the public.”

Division Deputy Chief Mike Tusken told reporters last Friday that police had since visited Jackson “to reassure (him) that we are taking this seriously and just give him an update that we’re doing an investigation on the matter.”

The police official also confirmed that Jouppi has been accused in other incidents.

“It is not the first time there have been complaints on the officer,” Tusken said.

Jouppi’s attorney described the charges facing his client, even though misdemeanors, as “disturbing” and unwarranted.

“It is a black-and-white case,” Bruno said, adding there is no chance his client will settle.

The attorney asserts that Jackson “clearly stands up in the video and strikes the police officer.”

“You strike a cop, and you are in no man’s land,” Bruno said.

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Caledonia Minnesota Police Officer Chad Heuser Suspended After Drag Racing In Patrol Car While On Duty

CALEDONIA, MINNESOTA – A Caledonia Police officer is serving a suspension.

The Caledonia interim City clerk says Officer Chad Heuser is serving a 28-day suspension without pay for drag racing in a squad car at the Houston County Airport on company time.

The Clerk says the incident happened in July.

On August 13th, the Caledonia City Council approved a suspension for a violation of department rules.

Heuser joined the Caledonia Police Department in 2005. He’s served as a full-time police officer in Caledonia since 2008.

WXOW spoke with Houston County Sheriff Doug Ely about the incident.

He tells WXOW that his department has an ongoing internal investigation in connection with the case. He says because the investigation is ongoing, he cannot provide further information at this time.

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Second St. Paul Minnesota Police Officer Suspended After Videotaped Beating Of Man Who Was Lying On The Ground

ST. PAUL, MINNESOTA – A second St. Paul, Minnesota, police officer was on leave Friday in the wake of an arrest video that showed an officer kicking a suspect who was lying on the ground.

The officer who kicked the suspect, identified by police as Jesse Zilge, had been put on leave earlier in the week.

The name of the second officer was not released; police did not specify what role he played in the incident.

An investigation continued into the Tuesday arrest of Eric Hightower, who police had been seeking for suspicion of making terroristic threats.

The president of the St. Paul Police Federation, the union that represents Zilge, urged people not to rush to judgment.

“Once this process is complete, we believe the facts will show that a good cop was in a dangerous situation with a known dangerous individual,” Dave Titus said in a statement. “The video footage captured by an onlooker does not provide complete context of the incident and by no means demonstrates how the officer perceived the threat at hand.”

Hightower is already on the ground when the video made by a bystander begins. He can be heard shouting, “What are you arresting me for?”

In an apparent response to something Zilge said, Hightower then asked, “Assault on who? Can you tell me what’s going on?”

A male voice on the video can be heard saying Hightower had been shot with pepper spray. Several other voices heckle the officer.

At one point, Hightower begins to cough and the officer kicks him in the chest once.

Zilge then handcuffs Hightower and, with the assistance of another officer, slams the suspect against the hood of a waiting police car.

The video, posted on YouTube, is shot from across the street of where the arrest took place was. It is grainy and can be difficult at times to hear what the officer and suspect are saying.

At one point, the officer tells onlookers to calm down.

“He beat up a woman last night,” Zilge said. Hightower responded: “You lying, man! I ain’t even been around here.”

The video caught the attention of St. Paul Police Chief Tom Smith, who “found that the video images raised questions about use of force and immediately ordered a thorough internal investigation into the circumstances surrounding all aspects of the arrest, from start to finish,” according to police.

The two officers are on leave pending the outcome of that investigation.

It was not immediately clear whether Zilge had retained an attorney. A listed number for the officer was not in working order.

For his part, Hightower is accused of threatening his ex-girlfriend on about August 24-28. Bail was set at $35,000 and, according to CNN affiliate KARE, Hightower bonded out of jail on Thursday. Specifically, he was charged with stalking, making terroristic threats and criminal damage of property.

According to the complaint against him, which cites comments from his ex-girlfriend, Hightower strangled and threatened to kill her.

KARE spoke to some of Hightower’s family members, who gathered outside a courthouse where Hightower made his first appearance Friday.

“Regardless of what he was getting charged with, I don’t think the actions were taken appropriately for somebody who’s not resisting,” Hightower’s cousin, Antoine Hightower, told the affiliate.

A call seeking comment from Hightower’s attorney was not immediately returned Friday.

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Video Catches St. Paul Minnesota Police Officer Jesse Zilge’s Violent Attack On Choking Man

ST. PAUL, MINNESOTA – Police in Minnesota are investigating a case of police brutality after an officer in St. Paul was filmed kicking a man in the face during an arrest.

The video, shot Tuesday and posted to YouTube on Wednesday, shows officer Jesse Zilge arresting Eric Hightower, 30, for allegedly threatening to kill a woman he knew, St. Paul police said.

Hightower is lying on the ground and shouting at Zilge that he didn’t do anything and doesn’t know why he’s being arrested, the video shows.

Hightower starts coughing – bystanders say officer had pepper-spayed him – and Zilge kicks him in the face or the chest before cuffing him.

Zilge and another officer then pull the burly suspect to his feet and slam him on the hood of their cruiser before searching him and placing him in the back seat.

The video shows Eric Hightower, 30, yelling at the police officer and asking why he is being arrested. Bystanders claim that the officer sprayed Hightower in the face with Mace.

St. Paul Mayor Chris Coleman called for an investigation into the incident, saying the video “raises serious questions about the conduct of the officer.”

“I have high expectations for the department and its employees. We will fully investigate and take appropriate action,” the mayor said in a statement.

St. Paul Police Chief Tom Smith ordered an investigation Wednesday, local station KARE reported.

Lord Stitts, a friend of Hightower’s and the man who shot the video, said the two were walking together Tuesday evening when the cops drove up, hopped out and maced his pal.

“You see he’s clearly choking on the mace, not resisting arrest or anything – kicked him in the face for no reason,” Sitts told KARE while watching the video. “Nobody can understand why he would do that.”

Zilge has been placed on administrative leave pending the outcome of the investigation

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Minneapolis Minnesota Police Officer Sgt. David Richard Clifford Charged After Brutally Beating Bar Patron For Talking On Cell Phone – Victim Required Surgery Twice For Brain Bleeds

ANOKA, MINNESOTA – A Minneapolis police sergeant accused of punching a man at a bar while off-duty is now facing a more serious charge.

The Anoka County Attorney’s Office charged 47-year-old David Richard Clifford Tuesday with first degree assault for his role in an incident at Tanner’s Station in Andover on June 16.

Authorities say Clifford punched Brian Vander Lee on the patio at Tanner’s Station after Vander Lee was using offensive language while talking on his cell phone.

Clifford was originally charged with third degree assault, but that was upgraded to the more serious first degree assault charge due to the severity of the injuries suffered by Vander Lee.

Since the incident in mid-June, Vander Lee “has undergone two separate surgeries on his head to address bleeding on his brain,” chief deputy County Attorney David Cossi said in a statement.

Clifford’s next court appearance is scheduled for Thursday.

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State Of Minnesota Prisoner, Housed In A Private Prison, Died After Nurse Overruled Doctor’s Orders That He Be Transported To Hospital – Denied Emergency Medical Care

RUSH CITY, MINNESOTA – An inmate with a history of seizures was denied emergency care by a prison nurse who overrode a doctor’s orders for an ambulance, and within an hour the man suffered irreversible brain damage that led to his death, according to documents obtained by the Star Tribune.

Although prisoner Xavius Scullark-Johnson had suffered multiple seizures over a period of hours, a nurse at the state prison in Rush City cited “protocols” in turning away an ambulance team sent to take him to a nearby hospital, crew reports show.

Johnson’s 2010 death is expected to produce a federal lawsuit against the Minnesota Department of Corrections (DOC), with a filing likely early this week.

The agency said Friday that it would not allow Dr. David Paulson, its medical director, to be interviewed about the death, “due to potential litigation.” Officials said the department has investigated Johnson’s death, but would not provide details or describe the protocols cited by the nurse.

Yet events in the hours before Johnson was found “pulseless” in his cell raise questions about denial of care because of the rationed-care philosophy of the for-profit contractor Minnesota has hired to care for the state’s 9,400 prisoners. Corizon Inc., formerly known as Correctional Medical Services, has had a contract with the state since 1998, worth $28 million this year.

One of the contract’s major cost-saving provisions says that Corizon is not required to provide overnight medical staff in the state’s prisons, except Oak Park Heights and Faribault, where medically complicated, elderly and terminally ill prisoners are held.

No doctors, who are all Corizon employees, work in the state’s prisons after 4 p.m. or on weekends. Corrections nurses, who are state employees, work seven days a week, but their last shifts end at 10:30 p.m. The last time the Rush City prison had 24-hour medical coverage was in 2002.

Additionally, services such as ambulance runs are strictly monitored by Corizon and the department in an effort to cut costs, according to department medical staff. An average ambulance run costs about $3,000 plus mileage, the department says.

Corizon declined to comment for this story, or to allow a reporter to interview the Corizon physician who was on call the night of the incident.

‘Something is not right’

Johnson’s last hours are a series of scenes that show prison medical staff acting with indifference as well as compassion, corrections officers caught in the middle as communications break down, and guards left to evaluate a prisoner spiraling downward, according to DOC documents and ambulance reports.

The incident started on the evening of June 28, just as the health services unit was closing for the night.

Johnson, 27, a St. Paul native who suffered from schizophrenia and a seizure disorder, was found soaked in urine on the floor of his cell. He was coiled in a fetal position and in an altered state of consciousness that suggested he had suffered a seizure, according to notes taken by nurse Linda L. Andrews, who was on duty at that hour. He was somewhat combative when a nurse tried to take his vitals and wipe him with a cool washcloth, but his breathing was normal.

Andrews wrote that she covered the prisoner, then issued orders to a lieutenant to let Johnson sleep and to check on him during rounds. Andrews did not contact the system’s on-call doctor, according to her last chart, written at 10:55 p.m.

About four hours later, Dr. Sharyn Barney, a longtime employee of Corizon, picked up her telephone at home. A corrections officer told her that Johnson had had a seizure the previous evening that was evaluated by the health staff, but that now his cellmate was having “trouble waking” him, according to the doctor’s notes.

Barney, who works primarily out of the prison in Moose Lake, told the officer that Johnson was probably “exceptionally sleepy from the seizure the previous evening.”

She advised officers to monitor him carefully and alert the medical staff when they arrived for the morning shift.

Under the department’s contract with Corizon, there is just one on-call doctor to serve the entire prison system across Minnesota, and who is then left to assess a prisoner’s case without the benefit of a written file because health service units are shut down overnight.

Prison medical staff interviewed in recent weeks say the practice often leaves the doctor “flying blind” and leaves prison officers with no on-site medical staff to evaluate a patient’s distress.

An hour or two later, the officer called Barney back. “He was uncomfortable and felt something just was not right and we agreed to call for an ambulance,” the doctor wrote. It was a 911 call.

‘Pulseless’

A two-person ambulance team arrived at the Rush City prison at 5:39 a.m. While they evaluated Johnson, noting he was “slow to respond,” nurse Denise L. Garin arrived. She did not want Johnson transported, the ambulance crew wrote.

“They say the patient has had three seizures through the night,” a crew member wrote in her June 29, 2010, report. “They believe that he has a seizure [history] but do not know because health services is closed at night. They did not want patient transported.

“They have protocols to deal with the patient,” her notes continue, “and say this is because patient has recently gotten his Dilantin cut in half.”

Dilantin is a drug used to control seizures. An autopsy later showed that Johnson’s Dilantin was “below therapeutic level,” but there is no mention in Garin’s charting why she refused to let the ambulance crew take him to the hospital to have his Dilantin level checked immediately.

Garin’s own report makes no mention of protocols or drug dosages.

In fact, Garin wrote that Johnson was “alert, his vital signs were stable and he responded appropriately” — the opposite of what the crew observed.

Garin did not apprise the on-call doctor about her decision to cancel the ambulance order, according to her entries in Johnson’s medical file. Garin, who continues to work at the prison, could not be reached for comment.

The ambulance crew packed up and left. It was 6:07 a.m.

About 35 minutes later, an emergency alarm called staff to Johnson’s cell. Garin wrote that she found Johnson face-down in his bunk. She turned his head and noted a heartbeat. She asked an officer to stay with Johnson while she tried to reach a doctor. While waiting, she was called back to the cell. She pressed Johnson’s neck to find the cartoid artery and found that he was “pulseless.”

About 20 minutes later, a new ambulance crew arrived while prison staff administered chest compressions on Johnson. He could not be revived.

Johnson was transported to the Fairview Lakes Regional Hospital in Wyoming, Minn., and then later to Regions Hospital in St. Paul. He was pronounced dead at 7:37 a.m. on June 30. “Scans had shown herniated brain stem. Administration notified,” a nurse’s last entry stated.

At the time, Johnson was expected to be released from prison in less than three months.

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Minneapolis Minnesota Central Library Security Guard Harassed Breastfeeding Mom – Who Wasn’t Doing Anything Illegal

MINNEAPOLIS, MINNESOTA – A Minneapolis mom is speaking out after a security guard told her to leave the library because she was breastfeeding in public.

It happened recently at the Minneapolis Central Library. But Minnesota law says a mother may breastfeed in any location, public or private. Hennepin County Security says it’s turning this example into a teachable moment for its employees.

Mother Hadley Barrows said she considers nursing a privilege. Although she does admit that isn’t always easy.

“There are enough obstacles to nursing as it is, without having people make you feel like a criminal for doing it,” she said.

According to Barrows, she was nursing her son on a bench in the atrium of Minneapolis Central Library, trying to be discreet, when a contract security officer approached her.

“He said I was either going to have to take it outside or go in the bathroom,” Barrows said. “He said, you’re not even covered up, you’re just showing everyone: indecent exposure.”

Barrows says she immediately went to a librarian, who also told her to move somewhere more private.

According to Hennepin County Security manager Kirk Simmons, the security officer with whom Barrows spoke later found a county police officer who explained the law.

“The county officer had told him that she didn’t need to move, she could breastfeed wherever she needed to,” Simmons said.

But Barrows said she was never directly told that she could stay.

“I left so mad,” she said.

Hennepin County Security said it’s trying to use this incident as a teachable moment, which Barrows said she appreciates.

“We basically sent the memo out to all of our staff, just reminding them of what the details of the law involve so that we don’t run into that kind of a situation again,” Simmons said.

However, Barrows did point out one of the ironies of the teachable moment.

“You think of the library as a place of knowledge,” she said. “And even in the library…they don’t know that it’s OK to nurse your kid in public.”

The contract security officer’s supervisor was notified of the incident. They say they’ll continue to monitor his performance.

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Minneapolis Minnesota Apartment Complex DNA Testing Dogs And Poop

MINNEAPOLIS, MINNESOTA – It’s become serious business when a dog does its business at a Roseville apartment complex.

Rosedale Estates North was having problems with dog owners not cleaning up after their dogs.

“It was bad,” said dog owner, Melody Pomerenke. “I would have to have a separate pair of shoes to go outside. It was not good.”

In fact, the poop problem got so bad that property managers hired a company called Bio Pets Vet Lab to start a dog DNA registry.

As part of the lease agreement, DNA swabs are taken from a pet’s mouth and sent to the Bio Pets lab, where they keep the DNA on file. Should a pet owner not pick up after their dog, the poop is sent into the lab to be tested for a match — and the guilty party is identified.

“It’s been positive after that initial laughter,” said property manager, Cheryl Gallo. “We just started last month.”

Pomerenke’s Chihuahua Dino was one of the first to submit DNA. He’s innocent…for now. Good thing, too, because the fine for the first offense $100.

“You can see someone letting their dog go to the bathroom, and they will still deny it,” Gallo said. “This way, there is no denying it. I thought it was a great idea from the beginning.”

Rosedale Estates just had their first offense. They have a suspect in mind, and the testing is taking place at Bio Pets Vet Lab.

The second offense is also a $100 fine, and the dog can no longer live in the apartment.

Many renters seem to be OK with the DNA testing, and they say the situation has already gotten better.

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Minnesota Police Provided Marijuana To Watch Behavior – Targeted Occupy Protesters

MINNEAPOLIS, MINNESOTA – A Minnesota training program that teaches police how to identify drug-impaired drivers is under fire following allegations that a participating officer gave marijuana to a test volunteer.

The allegation, leveled by another officer in the program, followed reports from anti-Wall Street demonstrators that police plucked Occupy Minneapolis members from a plaza in downtown Minneapolis for the training, gave them marijuana and watched them use drugs.

Minnesota has launched criminal and internal public safety investigations into the single allegation and suspended the program, in which officers use citizens off the street as test subjects. There are similar programs in 48 states.

Authorities have not directly connected the Occupy allegations to the investigation, but have said officers identified test subjects at the plaza where Occupy has been meeting as well as other locations.

Forest Olivier, an Occupy protester, testified at a Minneapolis City Council committee hearing on May 2 that he went with police to a training site voluntarily several times.

“They gave me a full bag of weed and they gave me a pipe to smoke it out of,” Olivier told the hearing.

A 35-minute video produced by Minnesota independent media groups, including Twin Cities IndyMedia and Occupy Minneapolis, and released this month showed uniformed officers picking up and dropping off young adults from the plaza in marked squad cars.

Occupy demonstrators interviewed on the video, including Olivier, said they were given drugs and then observed by dozens of officers. No officers are shown offering people drugs.

In one exchange, a protester tells an officer that other police had given him drugs, and the officer responds that he was only looking for people who are already impaired.

Minnesota public safety spokesman Bruce Gordon said: “If additional information becomes available we will widen the scope of the investigation.”

Public Safety Commissioner Mona Dohman suspended the program on May 9 “pending the outcome of these investigations and until we revisit and review the curriculum of the program.”

The program trains officers to act as drug recognition evaluators through classes and a dozen evaluations using volunteers from the community.

The investigation was launched after an officer who participated in the training reported witnessing a Hutchinson, Minnesota, police officer give marijuana to a potential test subject. Hutchinson Police Chief Dan Hatten said on Monday that the officer remains on scheduled duty.

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Detroit Lakes Minnesota Firemen Turn Staged Demonstration Crash Scene Into A Real One – Sending 6 People To The Hospital

DETROIT LAKES, MINNESOTA – A bizarre incident in Detroit Lakes this morning where a mock crash almost turned into a real life tragedy.

The mock crash was staged right here along Madison Avenue near the High School, you can see benches are still in place where the nearly 400 students were standing. An unmanned fire truck that officials believe was in neutral with the park break on began sliding and rolled about 30-feet into the mock scene, sending six people to the hospital.

These are pictures from the scene moments after the accident. Detroit Lakes police say their were two cars staged with both student and community volunteers.

The fire truck hit the first car at a low rate of speed less than 5-miles-per-hour, but the 36-thousand-pound vehicle pushed both cars about 15-feet. Two students, an EMS worker, two community volunteers and a state trooper were all injured in the incident.

From what we gathered, everyone has been treated and released from the hospital, calling it just bumps and bruises. Tonight at six, hear first hand from students who saw the terrifying accident.

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Moorhead Minnesota Police Do A 180 After News Story Breaks Detailing Their Efforts To Steal $12,000 From Waitress

MOORHEAD, MINNESOTA – A waitress in Minnesota will keep her $12,000 tip after police confiscated the cash, according to her attorney Craig Richie.

“The county attorney’s office and the Moorhead Police Department have agreed to give her the entire $12,000,” said Richie.

Stacy Knutson says she got the money after a customer left a box at her table at the Fryn’ Pan Restaurant in Moorhead. She followed the customer to her car to return the box but the woman told her to keep it. Knutson found bundled rolls of cash inside the box.

NewsRadio 830 WCCO’s John Williams Talks With Stacy Knutson‘s Attorney

She said even though she has five children and could use the money, she decided to call police.

“They’re strapped financially,” said Richie.

Officers told the woman to wait 90 days in case someone claimed the money. Richie says after three months, police told Knutson the cash was being held as drug money.

“They initially said they were going to give it to her,” said Richie. “Then they said, ‘Oh, well, no we had the drug dogs sniff it and we think there’s drugs on it and we are going to keep it.’”

Richie says police offered her a $1,000 reward, but she never received it. She then filed a lawsuit in Clay County District Court.

“We argued that most money that you carry in your pocket has drug residue on it,” said Richie. “She could’ve kept the money and nobody would’ve known. But she said, ‘No, I’m going to do the right thing.’ So she called police and now integrity has now prevailed.”

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Moorhood Minnesota Police Sued After Stealing $12,000 From Waitress

MOORHEAD, MINNESOTA — A waitress in Minnesota is suing after $12,000 was left at her restaurant table — she says it was a tip but police say, it’s drug money, according to The Forum.

The lawsuit was filed in Clay County District Court and alleges that the waitress found a box, left at her table at the Fryn’ Pan restaurant in Moorhead. She said she followed the customer to her car to return the box but the woman told her to keep it.

The waitress said she found bundled rolls of cash inside the box, totaling $12,000.

She said even though she has five children and could use the money, she decided to call police, according to The Forum.

Officers told the woman to wait 90 days in case someone claimed the money. The Forum reports that after three months, police told the woman the cash was being held as drug money.

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Chaska Minnesota Police Charge Man Who Sweared At A Cat

CHASKA, MINNESOTA – A man who was heard yelling obscenities at his cat was cited by police in Chaska, Minn.

According to the city’s police department, neighbors called in, complaining of the noise.

The man, who was not identified, admitted to authorities that he had been swearing loudly at the cat.

His defense to officers was that he is “human.”

Police said this is not the first time the man had been warned or cited for disorderly conduct.

He was issued a new citation for disorderly conduct for the recent incident.

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Burnsville Minnesota Man Thrown In Jail With No Bail And Latter Placed On Electronic Home Confinement After Being Unable To Purchase Proper Siding For His Home

BURNSVILLE, MINNESOTA – A Burnsville man on his way to work was arrested and thrown in jail without bond, and then subjected to electronic home monitoring.

But it wasn’t for drugs or a DWI or some other major crime.

Burnsville city leaders say Mitch Faber’s dealings with the law all stem from his failure to properly put up siding on his house.

Yep, siding.

Faber says he had every intention of completing the stucco and decorative rock project on his home but he ran into money troubles when the economy soured. Burnsville leaders say they had no choice to enforce the law.

Here’s how a simple code violation spiraled into a criminal case:

Mitch and his wife Jean say it all began back in 2007 when they received a letter from the city of Burnsville saying, in part, “you must complete the siding of your home.”

“We were in the process of finishing,” Mitch insists. “This wasn’t something that we were trying to avoid doing.”

But in 2009 there were two more warning letters, and in 2010 yet another–this time requiring Faber to appear in court. Burnsville leaders provided 5 Eyewitness News with these 2010 photos of the Fabers’ home as proof there was a problem.

“I was expecting maybe a $700 fine,” Faber said. Instead he was given an ultimatum — finish the siding or go to jail.

So Mitch returned to his house and he and Jean say they spent about $12,000 putting a stucco façade over the plywood exterior. They thought they were finally in compliance. They were wrong.

Faber was then taken into custody in November 2011 after Burnsville inspectors ruled the work was still not satisfactorily completed. A warrant for his arrest had been issued when, according to the city, Faber failed to turn himself in because the house was still not up to code. Faber is adamant it was. Regardless, what came next, he says, was absolutely uncalled for and humiliating.

“I’m walking around in a green and white jump suit, I had to shower in front of a sheriff, I was shackled, my wrists were handcuffed to my waist — for siding.”

“It was insane,” said Jean. “Absolutely insane.”

After two days locked up, a judge agreed Mitch should be released but required him to submit to electronic home monitoring. In Dakota County, that process requires participants — no matter what their crimes — to blow into a drug and alcohol device every time an alarm goes off.

“They could call me at 2 in the morning and they did,” Faber said.

Burnsville city leaders would not grant 5 Eyewitness News an interview about the Faber case but in an email from Communications Coordinator Marty Doll, he wrote, “”The city feels it provided Mr. Faber ample opportunity (nearly four years) to remedy the situation before issuing a citation…the city’s practice is to only issue citations for property maintenance issues (such as this one) as a last resort. In this case, the city determined a citation was the next appropriate course of action. Once the citation was issued, the matter had essentially left the city’s hands and entered the hands of the court system.”

5 Eyewitness News also called Dakota County Corrections as well as Midwest Monitoring (the company in charge of the electronic home monitoring) but calls were not returned. In a letter dated February 21, 2012, Dakota County Attorney Jim Backstrom wrote the Fabers, “This was a prosecution initiated by the city of Burnsville through their privately-retained city prosecutor. The County Attorney has no oversight or supervision over city prosecutors…While it was a district court judge who heard this case and made decisions pertaining thereto, judges are employed by the state of Minnesota and not Dakota County.”

The Fabers point to what they call far more glaring code violations outside other houses in their neighborhood. They’d like to know why they were targeted and others weren’t.

“It’s selective enforcement,” said Jean.

Most importantly, though, the Fabers say Burnsville made a mockery of an otherwise law-abiding man.

Asked Mitch, “What did you accomplish other than wasting the city’s money, the county’s money, our money, and then all the mental and emotional anguish? What did you accomplish?”

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Dumbass TSA Officials Hold Training Drill At St. Paul Minnesota Airport, But Don’t Bother To Tell Police

ST PAUL, MINNESOTA – With their guns drawn, police surrounded a man who reportedly was trying to get through security at the Minneapolis-St. Paul International Airport with a bomb in a carry-on bag.

It was a drill, but the trouble was no one had told the cops, who thought it was real.

“I think a lot of people were alarmed,” Patrick Hogan, spokesman for the Metropolitan Airport Commission, said of last week’s incident. “There is always a danger that someone could have gotten hurt. It was unfortunate.”

The routine drill conducted by the Transportation Security Administration (TSA) began about 2:40 p.m. last Thursday, when a man with a fake bomb in his bag attempted to get through the security at checkpoint 2, which is near the United, American and U.S. Airways airlines ticketing counters, Hogan said. The screener identified what looked to be an explosive device and immediately notified authorities.

The police quickly evacuated the ticketing area and mall area, and with their guns drawn, confronted the man, Hogan said.

Within seconds, TSA officials notified police that the bomb was fake and the incident was merely a drill to test the response of screeners and the communication system. For security reasons, Hogan declined to say how many officers responded to the incident.

TSA spokeswoman Carrie Harmon said the agency routinely conducts thousands of covert tests each year at airports across the country. Last week’s test at the Minneapolis-St. Paul airport ended up being a little too real because of “miscommunication” between the TSA and police, she said.

“TSA continues to review this incident but took immediate steps to ensure the correct procedures will be followed in the future,” Harmon said.

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Rosemont Minnesota Runs Out Of Money – Stray Cats To Be Ignored And Left To Roam Free

ROSEMOUNT, MINNESOTA -  The City of Rosemount decided to stop capturing stray cats because of high costs.

The controversial decision means it will no longer be against the law for felines to roam free.

According to city officials, it costs the city about $1,000 a month to impound cats. Furthermore, Mayor Bill Droste says the city pays about $212 a day for unclaimed pets and a lot of people never claim their cats.

The Animal Humane Society says the new change in Rosemount is a problem. They say last year they took in about 20,000 cats — about 70 cats a day.

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FBI Invades 8 Homes Under “Terrorism” Guise To Harass War Protesters – No “Imminent Threat” And No Arrests

MINNEAPOLIS, MINNESOTA – FBI agents searched eight homes in Chicago and Minnesota on Friday as part of an investigation the law enforcement agency said related to “the material support of terrorism.”

Targets of the searches accused the government of harassing anti-war protesters.

The investigation “concerns material support of terrorism but there is no imminent threat to the (U.S.) community,” FBI spokesman Steve Warfield said.

No arrests were made related to the raids, FBI spokesmen in Minneapolis and Chicago said.

“We are interviewing people in other places in the country,” Warfield added, without specifying where.

The FBI did not release the names of the targets and said the search warrants were under seal.

Minneapolis peace activist Mick Kelly’s apartment was searched, and agents confiscated computer hard drives, his cell phone, writings, and his passport, Kelly and his lawyer said.

“It’s harassment at the highest level of those of us who have spoken out and tried to build an anti-war movement,” said Kelly, who helped lead marches during the 2008 Republican party convention in Minneapolis.

“It’s an attempt to trample on our right to speak out against U.S. intervention abroad. It’s outrageous on every level,” he said.

“They were looking for information about folks who had traveled to Latin America or the Middle East. I’ve traveled in Lebanon.”

Kelly’s lawyer Ted Dooley said the vaguely-worded warrant sought information on anyone Kelly knew, and mentioned Lebanon-based Hezbollah and the Revolutionary Armed Forces of Colombia (FARC), both of which have been designated terrorist groups by the U.S. government.

Kelly said he has traveled to both Lebanon and Colombia “in solidarity with people who are being oppressed.”

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Unlawful Arrest Of 7 “Zombies” Accompanied By Bogus Claims Of Weapons Of Mass Destruction By Minneapolis Minnesota Police Costs Taxpayers $165,000

MINNEAPOLIS, MINNESOTA – The Minneapolis city attorney’s office has decided to pay seven zombies and their attorney $165,000.

The payout, approved by the City Council on Friday, settles a federal lawsuit the seven filed after they were arrested and jailed for two days for dressing up like zombies in downtown Minneapolis on July 22, 2006, to protest “mindless” consumerism.

When arrested at the intersection of Hennepin Avenue and 6th Street N., most of them had thick white powder and fake blood on their faces and dark makeup around their eyes. They were walking in a stiff, lurching fashion and carrying four bags of sound equipment to amplify music from an iPod when they were arrested by police who said they were carrying equipment that simulated “weapons of mass destruction.”

However, they were never charged with any crime.

Although U.S. District Judge Joan Ericksen had dismissed the zombies’ lawsuit, it was resurrected in February by a three-judge panel of the Eighth U.S. Circuit Court of Appeals, which concluded that police lacked probable cause to arrest the seven, a decision setting the stage for a federal trial this fall. The settlement means there will be no trial.

“I feel great that the city is being held accountable for the actions of their police,” said Raphi Rechitsky, 27, of Minneapolis, one of the seven zombies, who said he and his friends were performing street theater when they were arrested. He is a Ph.D. candidate in sociology at the University of Minnesota.

Minneapolis City Attorney Susan L. Segal said it was in the best interests of the city to settle. “We believe the police acted reasonably, but you never know what a jury is going to do with a case,” she said.

If a jury had concluded that the seven plaintiffs’ constitutional rights had been violated and awarded $50,000 to each, plus defense attorney’s fees, “it could have been quite substantial,” Segal said.

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Debt Collectors Turn County Jails Into Debtors’ Prisons

HENNEPIN COUNTY, MINNESOTA – As a sheriff’s deputy dumped the contents of Joy Uhlmeyer’s purse into a sealed bag, she begged to know why she had just been arrested while driving home to Richfield after an Easter visit with her elderly mother.

No one had an answer. Uhlmeyer spent a sleepless night in a frigid Anoka County holding cell, her hands tucked under her armpits for warmth. Then, handcuffed in a squad car, she was taken to downtown Minneapolis for booking. Finally, after 16 hours in limbo, jail officials fingerprinted Uhlmeyer and explained her offense — missing a court hearing over an unpaid debt. “They have no right to do this to me,” said the 57-year-old patient care advocate, her voice as soft as a whisper. “Not for a stupid credit card.”

It’s not a crime to owe money, and debtors’ prisons were abolished in the United States in the 19th century. But people are routinely being thrown in jail for failing to pay debts. In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found.

Not every warrant results in an arrest, but in Minnesota many debtors spend up to 48 hours in cells with criminals. Consumer attorneys say such arrests are increasing in many states, including Arkansas, Arizona and Washington, driven by a bad economy, high consumer debt and a growing industry that buys bad debts and employs every means available to collect.

Whether a debtor is locked up depends largely on where the person lives, because enforcement is inconsistent from state to state, and even county to county.

In Illinois and southwest Indiana, some judges jail debtors for missing court-ordered debt payments. In extreme cases, people stay in jail until they raise a minimum payment. In January, a judge sentenced a Kenney, Ill., man “to indefinite incarceration” until he came up with $300 toward a lumber yard debt.

“The law enforcement system has unwittingly become a tool of the debt collectors,” said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. “The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it.”

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. “My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned,” said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.

Debt collectors defend the practice, saying phone calls, letters and legal actions aren’t always enough to get people to pay.

“Admittedly, it’s a harsh sanction,” said Steven Rosso, a partner in the Como Law Firm of St. Paul, which does collections work. “But sometimes, it’s the only sanction we have.”

Taxpayers foot the bill for arresting and jailing debtors. In many cases, Minnesota judges set bail at the amount owed.

In Minnesota, judges have issued arrest warrants for people who owe as little as $85 — less than half the cost of housing an inmate overnight. Debtors targeted for arrest owed a median of $3,512 in 2009, up from $2,201 five years ago.

Those jailed for debts may be the least able to pay.

“It’s just one more blow for people who are already struggling,” said Beverly Yang, a Land of Lincoln Legal Assistance Foundation staff attorney who has represented three Illinois debtors arrested in the past two months. “They don’t like being in court. They don’t have cars. And if they had money to pay these collectors, they would.”

The collection machine

The laws allowing for the arrest of someone for an unpaid debt are not new.

What is new is the rise of well-funded, aggressive and centralized collection firms, in many cases run by attorneys, that buy up unpaid debt and use the courts to collect.

Three debt buyers — Unifund CCR Partners, Portfolio Recovery Associates Inc. and Debt Equities LLC — accounted for 15 percent of all debt-related arrest warrants issued in Minnesota since 2005, court data show. The debt buyers also file tens of thousands of other collection actions in the state, seeking court orders to make people pay.

The debts — often five or six years old — are purchased from companies like cellphone providers and credit card issuers, and cost a few cents on the dollar. Using automated dialing equipment and teams of lawyers, the debt-buyer firms try to collect the debt, plus interest and fees. A firm aims to collect at least twice what it paid for the debt to cover costs. Anything beyond that is profit.

Portfolio Recovery Associates of Norfolk, Va., a publicly traded debt buyer with the biggest profits and market capitalization, earned $44 million last year on $281 million in revenue — a 16 percent net margin. Encore Capital Group, another large debt buyer based in San Diego, had a margin last year of 10 percent. By comparison, Wal-Mart’s profit margin was 3.5 percent.

Todd Lansky, chief operating officer at Resurgence Financial LLC, a Northbrook, Ill.-based debt buyer, said firms like his operate within the law, which says people who ignore court orders can be arrested for contempt. By the time a warrant is issued, a debtor may have been contacted up to 12 times, he said.

“This is a last-ditch effort to say, ‘Look, just show up in court,’” he said.

Go to court — or jail

At 9:30 a.m. on a recent weekday morning, about a dozen people stood in line at the Hennepin County Government Center in Minneapolis.

Nearly all of them had received court judgments for not paying a delinquent debt. One by one, they stepped forward to fill out a two-page financial disclosure form that gives creditors the information they need to garnish money from their paychecks or bank accounts.

This process happens several times a week in Hennepin County. Those who fail to appear can be held in contempt and an arrest warrant is issued if a collector seeks one. Arrested debtors aren’t officially charged with a crime, but their cases are heard in the same courtroom as drug users.

Greg Williams, who is unemployed and living on state benefits, said he made the trip downtown on the advice of his girlfriend who knew someone who had been arrested for missing such a hearing.

“I was surprised that the police would waste time on my petty debts,” said Williams, 45, of Minneapolis, who had a $5,773 judgment from a credit card debt. “Don’t they have real criminals to catch?”

Few debtors realize they can land in jail simply for ignoring debt-collection legal matters. Debtors also may not recognize the names of companies seeking to collect old debts. Some people are contacted by three or four firms as delinquent debts are bought and sold multiple times after the original creditor writes off the account.

“They may think it’s a mistake. They may think it’s a scam. They may not realize how important it is to respond,” said Mary Spector, a law professor at Southern Methodist University’s Dedman School of Law in Dallas.

A year ago, Legal Aid attorneys proposed a change in state law that would have required law enforcement officials to let debtors fill out financial disclosure forms when they are apprehended rather than book them into jail. No legislator introduced the measure.

Joy Uhlmeyer, who was arrested on her way home from spending Easter with her mother, said she defaulted on a $6,200 Chase credit card after a costly divorce in 2006. The firm seeking payment was Resurgence Financial, the Illinois debt buyer. Uhlmeyer said she didn’t recognize the name and ignored the notices.

Uhlmeyer walked free after her nephew posted $2,500 bail. It took another $187 to retrieve her car from the city impound lot. Her 86-year-old mother later asked why she didn’t call home after leaving Duluth. Not wanting to tell the truth, Uhlmeyer said her car broke down and her cell phone died.

“The really maddening part of the whole experience was the complete lack of information,” she said. “I kept thinking, ‘If there was a warrant out for my arrest, then why in the world wasn’t I told about it?’”

Jailed for $250

One afternoon last spring, Deborah Poplawski, 38, of Minneapolis was digging in her purse for coins to feed a downtown parking meter when she saw the flashing lights of a Minneapolis police squad car behind her. Poplawski, a restaurant cook, assumed she had parked illegally. Instead, she was headed to jail over a $250 credit card debt.

Less than a month earlier, she learned by chance from an employment counselor that she had an outstanding warrant. Debt Equities, a Golden Valley debt buyer, had sued her, but she says nobody served her with court documents. Thanks to interest and fees, Poplawski was now on the hook for $1,138.

Though she knew of the warrant and unpaid debt, “I wasn’t equating the warrant with going to jail, because there wasn’t criminal activity associated with it,” she said. “I just thought it was a civil thing.”

She spent nearly 25 hours at the Hennepin County jail.

A year later, she still gets angry recounting the experience. A male inmate groped her behind in a crowded elevator, she said. Poplawski also was ordered to change into the standard jail uniform — gray-white underwear and orange pants, shirt and socks — in a cubicle the size of a telephone booth. She slept in a room with 12 to 16 women and a toilet with no privacy. One woman offered her drugs, she said.

The next day, Poplawski appeared before a Hennepin County district judge. He told her to fill out the form listing her assets and bank account, and released her. Several weeks later, Debt Equities used this information to seize funds from her bank account. The firm didn’t return repeated calls seeking a comment.

“We hear every day about how there’s no money for public services,” Poplawski said. “But it seems like the collectors have found a way to get the police to do their work.”

Threat depends on location

A lot depends on where a debtor lives or is arrested, as Jamie Rodriguez, 41, a bartender from Brooklyn Park, discovered two years ago.

Deputies showed up at his house one evening while he was playing with his 5-year-old daughter, Nicole. They live in Hennepin County, where the Sheriff’s Office has enough staff to seek out people with warrants for civil violations.

If Rodriquez lived in neighboring Wright County, he could have simply handed the officers a check or cash for the amount owed. If he lived in Dakota County, it’s likely no deputy would have shown up because the Sheriff’s Office there says it lacks the staff to pursue civil debt cases.

Knowing that his daughter and wife were watching from the window, Rodriguez politely asked the deputies to drive him around the block, out of sight of his family, before they handcuffed him. The deputies agreed.

“No little girl should have to see her daddy arrested,” said Rodriguez, who spent a night in jail.

“If you talk to 15 different counties, you’ll find 15 different approaches to handling civil warrants,” said Sgt. Robert Shingledecker of the Dakota County Sheriff’s Office. “Everything is based on manpower.”

Local police also can enforce debt-related warrants, but small towns and some suburbs often don’t have enough officers.

The Star Tribune’s comparison of warrant and booking data suggests that at least 1 in 6 Minnesota debtors at risk for arrest actually lands in jail, typically for eight hours. The exact number of such arrests isn’t known because the government doesn’t consistently track what happens to debtor warrants.

“There are no standards here,” said Gail Hillebrand, a senior attorney with the Consumers Union in San Francisco. “A borrower who lives on one side of the river can be arrested while another one goes free. It breeds disrespect for the law.”

Haekyung Nielsen, 27, of Bloomington, said police showed up at her house on a civil warrant two weeks after she gave birth through Caesarean section. A debt buyer had sent her court papers for an old credit-card debt while she was in the hospital; Nielsen said she did not have time to respond.

Her baby boy, Tyler, lay in the crib as she begged the officer not to take her away.

“Thank God, the police had mercy and left me and my baby alone,” said Nielsen, who later paid the debt. “But to send someone to arrest me two weeks after a massive surgery that takes most women eight weeks to recover from was just unbelievable.”

The second surprise

Many debtors, like Robert Vee, 36, of Brooklyn Park, get a second surprise after being arrested — their bail is exactly the amount of money owed.

Hennepin County automatically sets bail at the judgment amount or $2,500, whichever is less. This policy was adopted four years ago in response to the high volume of debtor default cases, say court officials.

Some judges say the practice distorts the purpose of bail, which is to make sure people show up in court.

“It’s certainly an efficient way to collect debts, but it’s also highly distasteful,” said Hennepin County District Judge Jack Nordby. “The amount of bail should have nothing to do with the amount of the debt.”

Judge Robert Blaeser, chief of the county court’s civil division, said linking bail to debt streamlines the process because judges needn’t spend time setting bail.

“It’s arbitrary,” he conceded. “The bigger question is: Should you be allowed to get an order from a court for someone to be arrested because they owe money? You’ve got to remember there are people who have the money but just won’t pay a single penny.”

If friends or family post a debtor’s bail, they can expect to kiss the money goodbye, because it often ends up with creditors, who routinely ask judges for the bail payment.

Vee, a highway construction worker, was arrested one afternoon in February while driving his teenage daughter from school to their home in Brooklyn Park. As he was being cuffed, Vee said his daughter, who has severe asthma, started hyperventilating from the stress.

“All I kept thinking about was whether she was all right and if she was using her [asthma] inhaler,” he said.

From the Hennepin County jail, he made a collect call to his landlord, who promised to bring the bail. It was $1,875.06, the exact amount of a credit card debt.

Later, Vee was reunited with his distraught daughter at home. “We hugged for a long time, and she was bawling her eyes out,” he said.

He still has unpaid medical and credit card bills and owes about $40,000 on an old second mortgage. The sight of a squad car in his rearview mirror is all it takes to set off a fresh wave of anxiety.

“The question always crosses my mind: ‘Are the cops going to arrest me again?’” he said. “So long as I’ve got unpaid bills, the threat is there.”

Appeared Here

Minnesota Supreme Court Pretty Much Negates Breath Test Results Until Prosecutors Can Come Up With Machine’s Source Code – Thousands Of Drunk Driving Cases Suddenly In Jeopardy

MINNESOTA – Minnesota may be forced to drop thousands of driving-while-impaired cases and change the way it prosecutes others in the wake of a state Supreme Court ruling Thursday, prosecutors and defense attorneys agreed.

The state’s highest court ruled that defendants in drunken-driving cases have the right to make prosecutors turn over the computer “source code” that runs the Intoxilyzer breath-testing device to determine whether the device’s results are reliable.

But there’s a problem: Prosecutors can’t turn over the code because they don’t have it.

The Kentucky company that makes the Intoxilyzer says the code is a trade secret and has refused to release it, thus complicating DWI prosecutions.

“There’s going to be significant difficulty to prosecutors across the state to getting convictions when we can’t utilize evidence to show the levels of the defendant’s intoxication,” said Dakota County Attorney James Backstrom.

“In the short term, it’s going to cause significant problems with holding offenders accountable because of this problem of not being able to obtain this source code.”

Law enforcement officers can still have a motorist’s blood-alcohol level determined through blood tests or urinalysis, but that option comes with a pricey, time-consuming caveat: Most of those tests are done only in the lab run by the Minnesota Bureau of Criminal Apprehension in St. Paul.

“The BCA labs are overwhelmed now with their current workload, and I’m not sure they
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can handle doing blood and urinalysis tests in all DWI cases in Minnesota,” said Backstrom. “It’s going to be a big problem.”

“I think there’s going to be a lot more blood and urine tests asked for,” said Derek Patrin, an attorney involved in the cases decided by the Supreme Court. “And that will back up the BCA. They’re short-staffed already, and with the budget crisis we’ve got already, well, that’s one of the reasons they wanted to use the Intoxilyzer in the first place. It was inexpensive to use.”

Andy Skoogman, a spokesman for the Department of Public Safety, the BCA’s parent agency, said officials there felt it was “premature” to stop using the Intoxilyzer. But he said the lab would be able to handle the workload if police agencies switched to blood tests and urinalyses.

“The BCA will make adjustments,” he said. “We’ll look at retraining staff and perhaps look at purchasing more test kits until this situation is resolved.”

The Intoxilyzer 5000EN is the standard device used by Minnesota police to determine if a driver is impaired. The state bought 260 of the machines from the manufacturer, CMI of Kentucky, in 1997, and state law presumes the devices’ results to be reliable.

The device is used with nearly eight of every 10 suspected drunken drivers who are tested in Minnesota.

But defense attorneys have argued that if they can’t examine the source code, the computer program that runs the machine, they have no way to tell if the Intoxilyzer is reliable. District judges across Minnesota have handled defense requests for the source code with a patchwork of rulings: Some say a defendant has a right to examine it; others say it isn’t relevant.

The Supreme Court’s ruling came in two driving-while-impaired cases that Backstrom’s office prosecuted. In each, district judges ordered that the source code be turned over to the defendants, but when Backstrom appealed to the Minnesota Court of Appeals, the rulings were overturned.

The appeals court said the defendants hadn’t shown why getting the source code was relevant to their guilt or innocence.

But the Supreme Court said that at least one of those defendants showed that the code was relevant. The court noted in its 18-page ruling a list of evidence that defense attorneys may now use as a blueprint to request the source code.

Police had stopped the defendant, Timothy Arlen Brunner, 38, of Farmington, in July 2007 and the Intoxilyzer showed his blood-alcohol content was 0.18. Minnesota law presumes that a driver with a concentration greater than 0.08 is impaired.

Patrin, his attorney, asked a district judge to order prosecutors to turn over the source code. He accompanied his request with a memorandum and nine exhibits. Among them: a computer science professor’s testimony that defects had been found in the code used in voting machines, as well as a report saying problems had been found in the code used in the breath-testing machine used by police in New Jersey.

The Supreme Court said Brunner’s submissions “show that an analysis of the source code may reveal deficiencies that could challenge the reliability of the Intoxilyzer and, in turn, would relate to Brunner’s guilt or innocence.”

Skoogman, the Department of Public Safety spokesman, said the agency was disappointed in the ruling.

“We feel it is premature at this stage of the game for our law enforcement partners to test for only blood and urine,” Skoogman said. “We continue to stand by the Intoxilyzer and the accuracy of the test results. Our message to law enforcement is to stay the course at this point as we examine our options.”

The state’s access to the source code is the subject of a separate lawsuit in U.S. District Court. Hearings are scheduled in the case May 22 and June 4.

Backstrom said the source code issue would haunt prosecutors until it is resolved, and the Supreme Court decision makes things worse.

“I believe that this decision is a significant setback to law enforcement’s ability to protect our communities from drunk driving, at least in the short term,” he said. “We’re not going to be able to use the Intoxilyzer machine until we get the source code.”

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Minnesota Supreme Court Pretty Much Negates Breath Test Results Until Prosecutors Can Come Up With Machine’s Source Code – Thousands Of Drunk Driving Cases Suddenly In Jeopardy

MINNESOTA – Minnesota may be forced to drop thousands of driving-while-impaired cases and change the way it prosecutes others in the wake of a state Supreme Court ruling Thursday, prosecutors and defense attorneys agreed.

The state’s highest court ruled that defendants in drunken-driving cases have the right to make prosecutors turn over the computer “source code” that runs the Intoxilyzer breath-testing device to determine whether the device’s results are reliable.

But there’s a problem: Prosecutors can’t turn over the code because they don’t have it.

The Kentucky company that makes the Intoxilyzer says the code is a trade secret and has refused to release it, thus complicating DWI prosecutions.

“There’s going to be significant difficulty to prosecutors across the state to getting convictions when we can’t utilize evidence to show the levels of the defendant’s intoxication,” said Dakota County Attorney James Backstrom.

“In the short term, it’s going to cause significant problems with holding offenders accountable because of this problem of not being able to obtain this source code.”

Law enforcement officers can still have a motorist’s blood-alcohol level determined through blood tests or urinalysis, but that option comes with a pricey, time-consuming caveat: Most of those tests are done only in the lab run by the Minnesota Bureau of Criminal Apprehension in St. Paul.

“The BCA labs are overwhelmed now with their current workload, and I’m not sure they
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can handle doing blood and urinalysis tests in all DWI cases in Minnesota,” said Backstrom. “It’s going to be a big problem.”

“I think there’s going to be a lot more blood and urine tests asked for,” said Derek Patrin, an attorney involved in the cases decided by the Supreme Court. “And that will back up the BCA. They’re short-staffed already, and with the budget crisis we’ve got already, well, that’s one of the reasons they wanted to use the Intoxilyzer in the first place. It was inexpensive to use.”

Andy Skoogman, a spokesman for the Department of Public Safety, the BCA’s parent agency, said officials there felt it was “premature” to stop using the Intoxilyzer. But he said the lab would be able to handle the workload if police agencies switched to blood tests and urinalyses.

“The BCA will make adjustments,” he said. “We’ll look at retraining staff and perhaps look at purchasing more test kits until this situation is resolved.”

The Intoxilyzer 5000EN is the standard device used by Minnesota police to determine if a driver is impaired. The state bought 260 of the machines from the manufacturer, CMI of Kentucky, in 1997, and state law presumes the devices’ results to be reliable.

The device is used with nearly eight of every 10 suspected drunken drivers who are tested in Minnesota.

But defense attorneys have argued that if they can’t examine the source code, the computer program that runs the machine, they have no way to tell if the Intoxilyzer is reliable. District judges across Minnesota have handled defense requests for the source code with a patchwork of rulings: Some say a defendant has a right to examine it; others say it isn’t relevant.

The Supreme Court’s ruling came in two driving-while-impaired cases that Backstrom’s office prosecuted. In each, district judges ordered that the source code be turned over to the defendants, but when Backstrom appealed to the Minnesota Court of Appeals, the rulings were overturned.

The appeals court said the defendants hadn’t shown why getting the source code was relevant to their guilt or innocence.

But the Supreme Court said that at least one of those defendants showed that the code was relevant. The court noted in its 18-page ruling a list of evidence that defense attorneys may now use as a blueprint to request the source code.

Police had stopped the defendant, Timothy Arlen Brunner, 38, of Farmington, in July 2007 and the Intoxilyzer showed his blood-alcohol content was 0.18. Minnesota law presumes that a driver with a concentration greater than 0.08 is impaired.

Patrin, his attorney, asked a district judge to order prosecutors to turn over the source code. He accompanied his request with a memorandum and nine exhibits. Among them: a computer science professor’s testimony that defects had been found in the code used in voting machines, as well as a report saying problems had been found in the code used in the breath-testing machine used by police in New Jersey.

The Supreme Court said Brunner’s submissions “show that an analysis of the source code may reveal deficiencies that could challenge the reliability of the Intoxilyzer and, in turn, would relate to Brunner’s guilt or innocence.”

Skoogman, the Department of Public Safety spokesman, said the agency was disappointed in the ruling.

“We feel it is premature at this stage of the game for our law enforcement partners to test for only blood and urine,” Skoogman said. “We continue to stand by the Intoxilyzer and the accuracy of the test results. Our message to law enforcement is to stay the course at this point as we examine our options.”

The state’s access to the source code is the subject of a separate lawsuit in U.S. District Court. Hearings are scheduled in the case May 22 and June 4.

Backstrom said the source code issue would haunt prosecutors until it is resolved, and the Supreme Court decision makes things worse.

“I believe that this decision is a significant setback to law enforcement’s ability to protect our communities from drunk driving, at least in the short term,” he said. “We’re not going to be able to use the Intoxilyzer machine until we get the source code.”

Appeared Here

Crazed Minnesota State Police Trooper Carrie Rindal Rammed Minivan For No Reason On New Year’s Eve, Jailed Man On Bogus Charges

MINNESOTA – The Minnesota State Patrol says a trooper made the wrong decision when she rammed a minivan to make a driver stop on New Year’s Eve.

The father whose minivan was rammed as part of a traffic stop now has some piece of mind. The trooper who rammed him will be disciplined after a formal review of the incident.

A seven-member board reviewed dash-cam tape of the incident and ruled that the ramming maneuver, called a “pursuit intervention technique”, was not necessary.

More than three months later, Sam Salter’s minivan still shows the scars, $2,000 worth of damage, which is a painful reminder of the worst New Year’s Eve of his life.

“I don’t want to be angry about it for the rest of my life,” he said. “I’m just trying to move on.”

Salter was driving home from the Twin Cities to Hudson, Wis., just before midnight, when the trooper’s lights came on. Salter slowed down, but didn’t stop. He said he was looking for a safer place to pull over.

Instead, Trooper Carrie Rindal treated it like he was fleeing arrest, and rammed his minivan from behind. On Wednesday, the State Patrol ruled that unnecessary.

“Looking at the totality of the situation the review board felt there was not enough criteria, enough evidence indicted in the driving pattern, to indicate that the individual was in fact trying to elude Officer Rindal,” said Colonel Mark Dunaski of the Minnesota State Patrol.

“I hope the disciplinary action will keep this particular officer from doing anything like this again,” said Salter.

Salter spent two nights in jail before the fleeing charges were dropped. His three children witnessed the whole thing from the back seat of his minivan.

Salter said he’s close to a small settlement that should cover the damage to the car, but that won’t be able to fix the other scars.

“I don’t really expect to be satisfied by this process with what I had to go through,” he said. “But I do think that they came to the correct conclusion, she shouldn’t have hit my car.”

Rindal will get a letter of reprimand, the first of her career, and extra training on pursuit intervention techniques. In fact, the patrol plans to use this incident to help train all troopers in the future.

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Crazed Minnesota State Police Trooper Carrie Rindal Rammed Minivan For No Reason On New Year’s Eve, Jailed Man On Bogus Charges

MINNESOTA – The Minnesota State Patrol says a trooper made the wrong decision when she rammed a minivan to make a driver stop on New Year’s Eve.

The father whose minivan was rammed as part of a traffic stop now has some piece of mind. The trooper who rammed him will be disciplined after a formal review of the incident.

A seven-member board reviewed dash-cam tape of the incident and ruled that the ramming maneuver, called a “pursuit intervention technique”, was not necessary.

More than three months later, Sam Salter’s minivan still shows the scars, $2,000 worth of damage, which is a painful reminder of the worst New Year’s Eve of his life.

“I don’t want to be angry about it for the rest of my life,” he said. “I’m just trying to move on.”

Salter was driving home from the Twin Cities to Hudson, Wis., just before midnight, when the trooper’s lights came on. Salter slowed down, but didn’t stop. He said he was looking for a safer place to pull over.

Instead, Trooper Carrie Rindal treated it like he was fleeing arrest, and rammed his minivan from behind. On Wednesday, the State Patrol ruled that unnecessary.

“Looking at the totality of the situation the review board felt there was not enough criteria, enough evidence indicted in the driving pattern, to indicate that the individual was in fact trying to elude Officer Rindal,” said Colonel Mark Dunaski of the Minnesota State Patrol.

“I hope the disciplinary action will keep this particular officer from doing anything like this again,” said Salter.

Salter spent two nights in jail before the fleeing charges were dropped. His three children witnessed the whole thing from the back seat of his minivan.

Salter said he’s close to a small settlement that should cover the damage to the car, but that won’t be able to fix the other scars.

“I don’t really expect to be satisfied by this process with what I had to go through,” he said. “But I do think that they came to the correct conclusion, she shouldn’t have hit my car.”

Rindal will get a letter of reprimand, the first of her career, and extra training on pursuit intervention techniques. In fact, the patrol plans to use this incident to help train all troopers in the future.

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Crazed St. Paul Minnesota Police Officer Bob Winsor Stops Traffic For 30 Minutes So A Bird Could Eat

SAINT PAUL, MINNESOTA - After 20-plus years as a St. Paul police officer, Bob Winsor has seen just about everything. But what happened at Snelling and Ashland Friday was certainly a first.

Officer Winsor blocked a couple lanes of traffic for 30 minutes to protect a bird that was feasting on a pigeon in the middle of the road. His reasoning was simple: “Anything that kills pigeons is good with me.”

But Winsor soon learned he was protecting a rare peregrine falcon, which is the fastest bird in the world.

“It’s a great success story,” says Lori Naumann with Minnesota’s Department of Natural Resources.

It’s unusual to see a peregrine in the middle of a busy road, Naumann says, but they are becoming more common in the Twin Cities. And it wasn’t always that way.

“In the 1950s and 60s, they were almost extinct,” she says. “They were placed on the endangered species list.”

Thanks to intense restoration projects that started in the 1970s and 80s, Minnesota now has more than 50 peregrine pairs, which raised 93 young last year.

“The population is doing really, really well,” Naumann says.

The U.S. ban on D.D.T. was another reason for the peregrine’s comeback. It was removed from the U.S. endangered species list in 1999. It remains on the state’s threatened species list, but Naumann says it could be removed in the next couple years.

Because the peregrine on Snelling had a band around its leg with the code “27A,” we know she was born in 2007 and is named Elspeth. She’s named after the granddaughter of Bud Tordoff, the man behind Minnesota’s peregrine restoration.

“Dr. Tordoff passed away last year, so it was pretty special to see that this was a bird that’s still surviving,” Naumann says.

Elspeth is simply a sign of his success, which is good news for peregrines, but bad news for pigeons.

Appeared Here

Crazed St. Paul Minnesota Police Officer Bob Winsor Stops Traffic For 30 Minutes So A Bird Could Eat

SAINT PAUL, MINNESOTA - After 20-plus years as a St. Paul police officer, Bob Winsor has seen just about everything. But what happened at Snelling and Ashland Friday was certainly a first.

Officer Winsor blocked a couple lanes of traffic for 30 minutes to protect a bird that was feasting on a pigeon in the middle of the road. His reasoning was simple: “Anything that kills pigeons is good with me.”

But Winsor soon learned he was protecting a rare peregrine falcon, which is the fastest bird in the world.

“It’s a great success story,” says Lori Naumann with Minnesota’s Department of Natural Resources.

It’s unusual to see a peregrine in the middle of a busy road, Naumann says, but they are becoming more common in the Twin Cities. And it wasn’t always that way.

“In the 1950s and 60s, they were almost extinct,” she says. “They were placed on the endangered species list.”

Thanks to intense restoration projects that started in the 1970s and 80s, Minnesota now has more than 50 peregrine pairs, which raised 93 young last year.

“The population is doing really, really well,” Naumann says.

The U.S. ban on D.D.T. was another reason for the peregrine’s comeback. It was removed from the U.S. endangered species list in 1999. It remains on the state’s threatened species list, but Naumann says it could be removed in the next couple years.

Because the peregrine on Snelling had a band around its leg with the code “27A,” we know she was born in 2007 and is named Elspeth. She’s named after the granddaughter of Bud Tordoff, the man behind Minnesota’s peregrine restoration.

“Dr. Tordoff passed away last year, so it was pretty special to see that this was a bird that’s still surviving,” Naumann says.

Elspeth is simply a sign of his success, which is good news for peregrines, but bad news for pigeons.

Appeared Here

Oak Park Heights Minnesota Police Lock Down High School Over Man Carrying A Cup Of Coffee

OAK PARK HEIGHTS, MINNESOTA – A man wearing a ski mask and carrying an object in his hand that a motorist thought was a gun triggered a lockdown Tuesday morning at Stillwater Area High School, police said.

Turned out, the object in the man’s hand probably was a cup of coffee, said Oak Park Heights Police Chief Brian DeRosier.

The school acted at about 8:15 a.m. after the motorist spotted the man and told police that he had gone into a wooded area on the south side of the campus near Hwy. 5 and 53rd Street. Police from Oak Park Heights and the Washington County Sheriff’s Office immediately set up a perimeter around the school and brought in a canine unit to search for the man, DeRosier said.

“We were helped that with all that fresh snow,” he said. “We didn’t see any tracks in the woods and in the ditches along the highway.”

An off-duty Stillwater police officer on his way to work around 9 a.m. said he saw a man “matching a description walking along the road carrying a cup of coffee,” DeRoiser said.

At that point, police called off the search and the school returned to normal operations.

Appeared Here

Oak Park Heights Minnesota Police Lock Down High School Over Man Carrying A Cup Of Coffee

OAK PARK HEIGHTS, MINNESOTA – A man wearing a ski mask and carrying an object in his hand that a motorist thought was a gun triggered a lockdown Tuesday morning at Stillwater Area High School, police said.

Turned out, the object in the man’s hand probably was a cup of coffee, said Oak Park Heights Police Chief Brian DeRosier.

The school acted at about 8:15 a.m. after the motorist spotted the man and told police that he had gone into a wooded area on the south side of the campus near Hwy. 5 and 53rd Street. Police from Oak Park Heights and the Washington County Sheriff’s Office immediately set up a perimeter around the school and brought in a canine unit to search for the man, DeRosier said.

“We were helped that with all that fresh snow,” he said. “We didn’t see any tracks in the woods and in the ditches along the highway.”

An off-duty Stillwater police officer on his way to work around 9 a.m. said he saw a man “matching a description walking along the road carrying a cup of coffee,” DeRoiser said.

At that point, police called off the search and the school returned to normal operations.

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