Idiot’s Rebuttal

Prosecutorial Deception City Did Not Investigate So We Will Not Charge!!

[bold added]

Office of the City Attorney

This is to inform you, pursuant to the requirement of ST Statute Section xxxA.xxx that this Office has reviewed the complete file in regards to the events which transpired at the County Jail on June 9, 2006, in relation to your arrest and detention by some County Sheriff Deputies. After reviewing all of the documentation as well as the video footage, I have determined not to proceed with the prosecution in this case because there is insufficient evidence to prove a crime was committed beyond a reasonable doubt.

In order to charge an offense pursuant to ST Stat. § xxx.23, Mistreatment of Persons Confined, the State would have to prove that the deputy or deputies involved in this incident intentionally abused or ill-treated you in this incident. In order to charge an offense pursuant to ST Stat. § xxx.43, Misconduct of a Public Officer or Employee, the State would have to prove the deputy or deputies intentionally failed or refused to perform a known duty. In order to charge an offense pursuant to State Stat. § xxx.23 Assault in the Fifth Degree, the State would have to prove the deputy or deputies intentionally inflicted bodily harm upon you. Based upon my review of all the facts in this case, I do not believe that the State could prove that the deputies acted intentionally in this matter. From the moment you arrived at the jail, you were argumentative and uncooperative with the deputies. You were placed in the restraint chair after you purposely cut yourself in order to protect yourself from any further self-injury. The decision to place you in the restraint chair was made by the nurse and not the deputies. When you were brought into the jail, the deputies were told you were having some mental health issues. On the video you can be heard making sounds consistent with someone feeling physical pain, but those sounds could also be attributed to someone suffering from mental health issues. Even if a jury believed that you were in fact suffering from some actual physical pain, the mere fact you were in physical pain does not prove that the deputies intended that result. Based upon all of these facts I do not believe the State could prove that the deputies intentionally committed any criminal acts during this incident; therefore I am declining to issue charges at this time.

As I indicated that I would, I asked a second attorney in my office, J_R_, to review the facts and evidence in this case. After reviewing the video footage as well as the documentation submitted in this case, Ms. J_R_ also reached the conclusion that the State could not prove that deputies intentionally injured or attempted to injury you in this case.

While I do not believe that criminal charges can be proven in this case, you are free to pursue any other remedies available to you against the parties involved in this case if you so desire.

Very truly yours,

M_E_H_ Assistant City Attorney

================== Realities & Analyses

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631.471 PROTECTING INMATES; CERTAIN FORFEITURES ABOLISHED.

An inmate sentenced to imprisonment is under the protection of the law, and an unauthorized injury to the inmate’s person is punishable just as if the inmate were not convicted or sentenced…

[being in jail doesn’t mean it’s ok to hold someone in pain, agony, knowingly, negligently, and since it went on for over three hours, obviously intentionally, etc…it constitutes bodily injury and thereby assault…you know as well as I do that if what was done to me in jail had been done by me to someone on the ‘outside’ with similar footage as evidence, I should and would be at least investigated, witnesses would be interviewed and I would virtually certainly be charged…if this isn’t true…have the courage to deny it writing…]

387.11 COUNTY JAIL.

The sheriff shall have the charge and custody of the county jail and receive and safely keep therein all persons lawfully committed thereto and not release any person therefrom unless discharged by due course of law.

[safely keeping therein does not mean that if restraint is needed…which it wasn’t…but even if it was…there is absolutely no justification for the pain…it was not incidental…it was excruciating and went on for hours…the pain and agony were completely unnecessary and without any justification whatsoever relative to the safety of anyone…period…restraint…maybe…after they tried other things which failed per rules, reg’s, policy and procedure (P&P)…after or immediately getting a doctor’s order per P&P…with the knowledge these people are theoretically all trained to do minimum hourly, in cell, hands on, CMS (circulation, skin color, etc.) checks to ensure that exactly what was done to me doesn’t happen per P&P…with the knowledge that restraint is to be for the minimum time necessary per P&P (I was quiet as a mouse for the first hour…and after that my only ‘behavior’ was to cry, plead, beg to be released from the pain…until it got so bad that anyone…you included…well yell and scream to for help)…they didn’t keep me safely therein…they fried me…there are multiple instances where jail personnel either asked questions about my status…when the last CMS check was done…etc…which led to immediately ‘hushed’ conversations…the reason for these are obvious…people ‘out of the loop’ with respect to “let him fry” needed to be brought ‘into the loop’…you don’t believe me?…ask them…or have an appropriate investigative entity ask them…as you should of what is getting close to a year ago…]

387.14 DEPUTIES.

The county board shall determine the number of permanent full time deputies and other employees and fix the compensation for each position. The county board shall also budget for special deputies, jailers, matrons, bailiffs and other temporary employees and shall fix their rates of compensation. The sheriff shall appoint in writing the deputies and other employees, for whose acts the sheriff shall be responsible and whom the sheriff may remove at pleasure. Before entering upon official duties, the oath and appointment of each shall be filed with the county recorder.

[The buck stops with the sheriff…and by assignment…with the captain who may or may not have known and participated…with the lieutenants who knew and participated…with the sergeants who knew and participated…with the ceputies who knew and participated…with the nurses who knew and participated…]

609.495 AIDING AN OFFENDER. Subdivision 1. Definition of crime. (a) Whoever harbors, conceals, aids, or assists by word or acts another whom the actor knows or has reason to know has committed a crime under the laws of this or another state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both if the crime committed or attempted by the other person is a felony.

Subd. 3. Obstructing investigation. Whoever intentionally aids another person whom the actor knows or has reason to know has committed a criminal act, by destroying or concealing evidence of that crime, providing false or misleading information about that crime, receiving the proceeds of that crime, or otherwise obstructing the investigation or prosecution of that crime is an accomplice after the fact and may be sentenced to not more than one-half of the statutory maximum sentence of imprisonment or to payment of a fine of not more than one-half of the maximum fine that could be imposed on the principal offender for the crime of violence. For purposes of this subdivision, “criminal act” means an act that is a crime listed in section 609.11, subdivision 9, under the laws of this or another state, or of the United States, and also includes an act that would be a criminal act if committed by an adult.

[There are so many instances of this throughout the jail stay and afterwards that it is mind-boggling…refusal to take my statement…false deputy, nurse, and leadership logs and incident reports…jail footage that is tampered with versus showing the full truth in areas where there is no data practices justification for the data to be missing…Hennepin County Attorney investigator sending me to IAD instead of initiating a criminal investigation as I requested and as was warranted…no one conducting any perpetrator, suspect, or witness discussion/interrogation/investigation…]

609.223 ASSAULT IN THE THIRD DEGREE. Subdivision 1. Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

[The nervous system consists of three major organs: the brain, spinal cord, and peripheral nerves – my peripheral nerves were damaged…bilateral, wrists and top side of thumbs were numb for weeks /// my brain was damaged – the pain was so intense for so long that at the end I was delirious or near it and I hallucinated…a brain hallucinating is not functioning properly…furthermore, the mental anguish created by this treatment put me in the hospital on a locked mental ward for 10 days…and required a change to an essentially inpatient treatment facility to an outpatient facility for my well-being…I still ruminate constantly…find myself in flashbacks to the hell in the cell…etc. /// kidneys are an organ - to the best of my knowledge and memory I went from about noon on Friday until Saturday night when I was at Abbot without urinating – severe pain alone can put someone into shock and cause organs to begin to shut down…shock can surprisingly quickly lead to death…there are also two blood enzymes out of normal range consistent with recovering from other functions having been wrong…between hallucinating, not urinating, etc., there is evidence that I could easily have been headed in the direction of shock…or partially in it… /// by the way…from circulation being cut off for a prolonged period of time gangrene can begin to set it at about 6 hours or so…at 4+ that’s too close for comfort…and especially egregious that…at this point…I was subjected to the threat of being kept in the chair by a nurse!…]

609.224 ASSAULT IN THE FIFTH DEGREE. Subdivision 1. Misdemeanor. Whoever does any of the following commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another.

[per the definition of bodily harm this is a cakewalk]

(c) A caregiver, as defined in section 609.232, who is an individual and who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

609.232 Subd. 2. Caregiver. “Caregiver” means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.

Subd. 6. Maltreatment. “Maltreatment” means any of the following: (1) abuse under section 609.2325 or (2) neglect under section 609.233…

609.2325 CRIMINAL ABUSE. Subdivision 1. Crimes. (a) A caregiver who, with intent to produce physical or mental pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse and may be sentenced as provided in subdivision 3.

Subd. 11. Vulnerable adult. “Vulnerable adult” means any person 18 years of age or older who: (1) is a resident inpatient of a facility; (2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental

illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause

[they knew from Lance Faust telling them when I came in that I came straight from the hospital] (3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the

medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and 256B.0653 to 256B.0656; or (4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction: (i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and (ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.

[I was clearly a vulnerable adult…Nurse Deb Wade (Miller) was told so…and she told the sergeant or lieutenant overseeing the chairing…”he came straight from the mental ward”…; the detention facility personnel ignored all of this]

609.233 CRIMINAL NEGLECT. Subdivision 1. Crime. A caregiver or operator who intentionally neglects a vulnerable adult or knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor. For purposes of this section, “abuse” has the meaning given in section 626.5572, subdivision 2, and “neglect” means a failure to provide a vulnerable adult with necessary food, clothing, shelter, health care, or supervision.

[like the intentionality proven above and depicted throughout all jail footage and logs intentional neglect is clear…no one checked even one time…that’s all it would have taken…they ignored rules independent of my crying to avoid checking hourly…etc.]

609.175 CONSPIRACY. Subd. 2. To commit crime. Whoever conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced as follows: (1) If the crime intended is a misdemeanor, by a sentence to imprisonment for not more than 90 days or to payment of a fine of not more than $300, or both; or (3) If the crime intended is any other felony or a gross misdemeanor, to imprisonment or to payment of a fine of not more than one-half the imprisonment or fine provided for that felony or gross misdemeanor or both.

[a dozen + jail deputies, nurses, leadership don’t all act in concert and virtually exactly the same way to this extent over this long of a period of time without it having been jointly done…evidence of this is clear in the jail footage…laughing and mocking together is also evidence of their state of mind…I can easily show more of this to you…note also the rare questions about my status which led to the ‘hushed’ on the QT discussions to get someone out of the loop up to speed on ‘the plan’]

609.18 DEFINITION.

For the purposes of sections 609.185, 609.19, 609.2661, and 609.2662, “premeditation” means to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.

[don’t double-lock the handcuffs until after the nurse has checked them…then after she checks them…it seems she asked should I double lock them…”No!””…the fix was in…it is also true that the ongoing intentional refusal to intervene and stop the pain I was in which would obviously continue unabated without intervention was premeditated…call it a rolling premeditation that if we let him fry by doing nothing required by scores of P&P, or common sense, he will remain in pain beyond the original set up]

609.23 MISTREATMENT OF PERSONS CONFINED.

Whoever, being in charge of or employed in any institution, whether public or private, intentionally abuses or ill-treats any person confined therein who is mentally or physically disabled or who is involuntarily confined therein by order of court or other duly constituted authority may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

[the “mere fact” that it went on for hours tells anyone of reasonable mind that it was intentional; actually investigating/interviewing/interrogating would…if those questioned were answered honestly…at least by one or some involved which professional investigators know how to bring about through scare tactics, lying that someone did fold so you better too, if you fess up we can cut you a deal, etc., …would reveal this in spades…unfortunately…no one even came close to doing their job in this respect…]

609.234 FAILURE TO REPORT.

Subdivision 1. Crime. Any mandated reporter who is required to report under section 626.557, who knows or has reason to believe that a vulnerable adult is being or has been maltreated, as defined in section 626.5572, subdivision 15, and who does any of the following is guilty of a misdemeanor:

(1) intentionally fails to make a report;

(2) knowingly provides information which is false, deceptive, or misleading; or

(3) intentionally fails to provide all of the material circumstances surrounding the incident which are known to the reporter when the report is made.

[they wouldn’t even take my report when I came out of the restraint chair…would not document my hands/wrists…would not take pictures…would not call in the crime lab or on call detective as required…nothing…and several hours later when complaining to another deputy/sergeant/lieutenant (?) about what had been done to me the night before…they didn’t take a statement…they said they didn’t like my mouth…and put me in the cell…for trying to make a report…trying to make a report is defined by jail personnel as uncooperative…]

609.43 MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.

A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:

(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or

(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or

(3) under pretense or color of official authority intentionally and unlawfully injures another in the other’s person, property, or rights; or

(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect.

[there were scores of known mandatory, nondiscretionary duties upon which all jail staff are trained, sign off on, etc., that were ignored fully intentionally and maliciously…and this is obvious from just the jail footage…imagine what a proper investigation would reveal; injury under pretense of color of official authority….yes, in spades]

609.50 OBSTRUCTING LEGAL PROCESS, ARREST…

Subdivision 1. Crime. Whoever intentionally does any of the following may be sentenced as provided in subdivision 2:

(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;

Subd. 7. Bodily harm. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. [that their conduct and the ensuing result to me met this low hurdle is painfully obvious]

Subd. 7a. Substantial bodily harm. “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. [that their conduct and the ensuing result to me met this hurdle is also clear…nerve damage, brain malfunctioning, kidneys not producing enough urine to make one have to pee for almost 30 hours I believe, other blood markers consistent with something having been wrong [this interpretation is mine, not an MD’s and there could be other explanations, it’s just that this could very well be a part of the whole picture and consistent with the whole picture…etc.]

Subd. 8. Great bodily harm. “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. [this depends on how close to or how much into shock I was at the time of release from the chair…the threat by the nurse scared the living hell out of me…I knew I couldn’t take any more…I don’t remember fearing death…I only remember fearing more agony…10 days to recover in a hospital is evidence of serious injury to the brain…ongoing symptoms of PTSD is evidence of serious injury to the brain…]

Subd. 10. Assault. “Assault” is:

(1) an act done with intent to cause fear in another of immediate bodily harm or death; or

(2) the intentional infliction of or attempt to inflict bodily harm upon another.

[think cake walks – when the nurse threatened to keep me in the chair I was scared ‘to death’ of suffering any more agony /// point 2 is obvious for all the reasons above, plus what you would gain through proper investigation.]

383B.123 RULES.

The superintendent of the corrections facility shall, subject to the approval of the board, adopt rules, regulations, and procedures necessary for:

(1) implementing the provisions of sections 383B.121 to 383B.123;

(2) providing for the secure confinement, health, and safety of, and the provision of programs and services for inmates of the corrections facility; and

(3) complying with the laws of the state and provisions of the federal and state Constitutions applicable to the status and rights of inmates of corrections facilities.

[I understand that this refers to “corrections facility” and not to the ADC, but it certainly seems likely that the same or similar legal requirements have been made of County Sheriffs or their subordinates in charge of such; I thought I saw a MN statute specifically referring to the sheriff’s responsibility to do essentially the same as herein described, but I wasn’t able to find it again]

[The key point is that with respect to the common cry of the Mpls Attorneys Office relative to conduct of detention center employees being “policy or procedure” violations and not criminal…the idea here is that rules, regulations, policies and procedures are not created by the sheriff in a vacuum; they are created to ensure…or attempt to ensure…or to provide cover to show that one is trying to ensure whether one actually is or not…that guards, nurses, leadership don’t abuse inmates and break the law…as is obvious…this purpose, if it was the purpose was not met…it failed horribly…so horribly and by so many that one must seriously question the extent to which jail personnel were actually expected to follow the rules, regs, etc., and the extent to which they were encouraged…and even led…to violate such…and thereby abuse inmates and break obvious laws.]