Discovery Review Hearing

Dakota Calendar

IMG_1131My Discovery Review Hearing was held on May 12, 2016 at Dakota County Court in Hastings, MN. It was scheduled for 9:00 AM however, mine was the last hearing on the docket after 12 other hearings. It actually took place at 12:15 PM.

In summary, it’s kind of hard to have a discovery review hearing when your discovery is being illegally withheld from you.

Below is what I submitted to the Judicial Selection Committee today to report the illegal withholding of my data/discovery in rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise Evavold.

From: Dede Evavold    Sent: Friday, May 13, 2016 8:48 AM

To: blackwell@blackwellburke.com; jessebg@mcil-mn.org; director@albertlea.org; lkrug@d.umn.edu; bsieben@schwebel.com; cfogarty@childrensdentalservices.org; mknoblauch@anthonyostlund.com; keiko.sugisaka@maslon.com; lsheehy@skycreek.org; mike.slavik@co.dakota.mn.us; kathleen.gaylord@co.dakota.mn.us; thomas.egan@co.dakota.mn.us; nancy.schouweiler@co.dakota.mn.us; liz.workman@co.dakota.mn.us; maryliz.holberg@co.dakota.mn.us; chris.gerlach@co.dakota.mn.us; KStyx@hastingsstargazzette.com

Attachments:

Signed criminal complaint against Prokopowicz, Backstrom and Keena

04-29-16 fraudulent bill.

Probable cause, and scheduling order for: 19HA-CR-15-4227

Lee Sheehy, Chair – Minnesota Commission on Judicial Selection: If you want a corrupt Dakota County judge who thinks and acts like they are above the rules and the laws, then Chief Deputy Dakota County Attorney Phillip Prokopowicz is the perfect corrupt candidate for you, isn’t he? My name is Dede Evavold and I have been forced to file a criminal complaint against not only Chief Deputy Dakota County Attorney Phillip Prokopowicz, but also Dakota County Dakota Co. Attorneys James Backstrom and Kathryn Keena for willfully refusing to obey the Minnesota Statutes chapter 13 data practices laws, the rules and the Model policies established by the Commissioner of Administration and for willfully and illegally withholding readily available, free, electronic data/discovery from me in rigged Case No. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise “Dede” Evavold.

Cmplt.Complaint 2Cmplt. 3

Click on Documents to Zoom       Click on BackstromCmplt01b  to view full attachment      

In fact, I just recently received a second harassing letter which contained a fraudulent bill from Prokopowicz and his criminal cohorts. I can tell the bill is fraudulent because the costs are not actual costs, the bill is not itemized to justify the costs nor does it reveal the sizes of the electronic files which are to be snail mailed to me. I am aware that Dakota County contracts with a consortium called LOGIS. LOGIS has a file sharing called LOGIS File Management Sytem. Prokopowicz could have easily emailed me a link to download all my readily available, free, electronic discovery (in searchable pdf format where applicable) months ago. It should be noted that in late April I did receive readily available, free, electronic public data via email from the Dakota County Elections dept. The Dakota County Elections dept, emailed me the affidavits of candidacy in pdf format for the Dakota County Commissioners [Egan, Thomas-County Commissioner #3.pdf, Gaylord, Kathleen (County Commissioner #2).pdf, Gerlach, Chris-County Commissioner #7.pdf, Holberg, Mary Liz (County Commissioner #6).pdf, Schouweiler, Nancy-County Commissioner #4.pdf, Slavik, Mike (County Commissioner #1).pdf, Workman, Liz-County Commissioner #5.pdf] Apparently, Prokopowicz’s plan is to force me to plead guilty without ever seeing my evidence. Whoever said that trial by ambush doesn’t exist in Dakota County doesn’t want to see the trail by ambush. See attached signed criminal complaint against Prokopowicz, Backstrom and Keena and attached 04-29-16 fraudulent bill.

Discovery BillClick to Zoom

The document was postmarked May 2nd, 2016. I did not actually receive this until May 4th, 2016.

Envelope

Not only does Chief Deputy Dakota County Attorney Phillip Prokopowicz think and act like he is above the laws of the state and the rules and model policies established by the Commissioner of Administration but he has shown that same contempt for the rules of the Dakota County court, hasn’t he? Maybe that explains why both Samantha and Gianna Rucki ran away from the rigged Dakota County courts? Prokopowicz’s contempt for the rules of the court and the special treatment given to the Dakota County’s so-called prosecutors by the rigged Dakota county court has provided me clear, precise and unquestionable proof that only I am required to follow the rules of the rigged court and the laws in lawless Dakota county, hasn’t it? Did you know that Prokopowicz was afraid that I was going to put the court on trial? All I had to do was simply point out the blatantly obvious, right? Prokopowicz nor his cohorts handed my discovery prior to nor at my May 12, 2016 hearing. Were Prokopowicz or his cohorts sanctioned or even reprimanded by the court for willfully defying a court order that stated that all my discovery was to given to me prior to the May 12, 2016 hearing? No! Instead, I was reprimanded by the judge for not bowing down to petty whims of common criminals who I was forced to file a criminal complaint against. I just have more clear, precise and unquestionable evidence for trial by ambush, don’t I? See attached Probable cause, and scheduling order for: 19HA-CR-15-4227.

Scheduling Order
I have a reasonable suspicion that the only way that I would ever get the readily available, free, electronic discovery/evidence in my case is by wasting even more of my valuable time and even more of my valuable resources on a federal lawsuit. Why would I think that? Because it is a matter of the public record that attorney Michelle MacDonald was forced to file a federal lawsuit against Dakota County to get the evidence (Case No. 19HA-CR-13-2934 State of Minnesota vs Michelle MacDonald Shimota) from her case back. It was a case in which the criminal case was dismissed because of an illegal search of her camera. Plus, The sheriff and the county attorney wilfully refused to obey a court order to return the camera. Sounds familiar, doesn’t it?

I did report this obstruction of justice to District 4 – Commissioner Nancy Schouweiler. (Calls recorded) However, Schouweiler lawyered up said she had no intention of investigating the misuse of public funds nor the misconduct of the public officials at the Dakota County Attorney’s office. To protect myself and others, I am going to continue to educate the public that they cannot trust any arrest, prosecution nor conviction in lawless Dakota County. Again, If you want a corrupt Dakota County judge who thinks and acts like they are above the rules and the laws, then Chief Deputy Dakota County Attorney Phillip Prokopowicz is the perfect corrupt candidate for you.

Dede Evavold

All discovery shall be exchanged to the settlement conference. Probable cause, and scheduling order for: 19HA-CR-15-4227. Signed by Karen Asphaug 3-1-16

Case No. 19HA-CR-15-4227 State of Minnesota vs Deirdre Elise Evavold

OTHER EVENTS AND HEARINGS

12/11/2015 E-filed Comp-Summons Doc ID# 1

12/11/2015 Notice of Hearing Doc ID# 2

12/15/2015 Notice of Case Assignment Doc ID# 3

01/11/2016 First Appearance (9:00 AM) (Judicial Officer Asphaug, Karen) 01/11/2016 Reset by Court to 01/11/2016 Result: Held

01/11/2016 Interim Condition for Evavold, Deirdre Elise – Conditions, other – Do not leave Minnesota without written court approval – Do not ship/transport/possess or receive firearm or ammo – No contact with victim(s) – Remain law-abiding – No contact with persons under age 18 – No Contact with Co-Defendant(s) – No use or possession of firearms or dangerous weapons

01/11/2016 Order for Release Doc ID# 4 (Judicial Officer: Asphaug, Karen )

01/11/2016 Waiver of Time Requirement for Hearing

02/02/2016 Demand/Request for Discovery Doc ID# 5

02/26/2016 Pre-Plea Worksheet Doc ID# 6

03/07/2016 Omnibus Hearing  (9:00 AM) (Judicial Officer Asphaug, Karen) Result: Held

03/07/2016 Scheduling Order Doc ID# 7 (Judicial Officer: Asphaug, Karen )

05/02/2016 Notice-Other Doc ID# 8

05/12/2016 Hearing (9:00 AM) (Judicial Officer Asphaug, Karen) Result: Held

09/26/2016 Jury Trial (9:00 AM)

UPDATE: Evavold has not taken any steps to review Dakota County’s evidence against her – but has filed numerous complaints against staff. 11:18 AM – 12 May 2016. Michael Brodkorb ‏@mbrodkorb  Phone: (612) 234-7154 | Special Correspondent with StarTribune https://twitter.com/mbrodkorb/status/730824486048555008

UPDATE: The court told Evavold to prepare for a trial in September – Judge Karen Asphaug very direct that criminal trial is proceeding. Like 1 The Matt McNeil Show 11:21 AM – 12 May 2016 Michael Brodkorb ‏@mbrodkorb  Phone: (612) 234-7154 | Special Correspondent with StarTribune https://twitter.com/mbrodkorb/status/730825149994307584

http://www.mncourts.gov/About-The-Courts/NewsAndAnnouncements/ItemDetail.aspx?id=1109 eFiling now mandatory for attorneys, agencies, GALs in 11 pilot counties, effective July 1 Posted: Wednesday, June 24, 2015 Statewide rollout of eFiling coming later this year Effective July 1, 2015, attorneys, government agencies, and guardians ad litem are now required to electronically file and serve documents in all court cases filed in the 11 eCourtMN pilot counties. This includes all cases filed in Cass, Clay, Cook, Dakota, Faribault, Hennepin, Kandiyohi, Lake, Morrison, Ramsey, and Washington counties. On July 1, 2016, those same filers will be required to electronically file and serve documents in all district court cases statewide.

https://www.revisor.mn.gov/rules/?id=1205.2000&version=2014-01-18T00:44:10-06:00&format=pdf https://www.revisor.mn.gov/rules/?id=1205.2000 1205.2000 ADVISORY FORMS. Subpart 1. Advisory form A: resolution appointing a county responsible authority. State of Minnesota …  WHEREAS, the (name of county) _______________ County Board of Commissioners shares the concern expressed by the legislature on the responsible use of all County data and wishes to satisfy this concern by immediately appointing an administratively and technically qualified Responsible Authority as required under the statute. BE IT RESOLVED, the County Board of Commissioners appoints (name of individual) _______________ as the Responsible Authority for the purpose of meeting all requirements of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on (insert appropriate date)

http://mn-chisagocounty.civicplus.com/DocumentCenter/View/104 Readily available data – free – COPY COST CALCULATION FORM For Compliance with the Minnesota Government Data Practices Act (MGDPA)

http://www.ipad.state.mn.us/docs/copycost.html Copy Costs Minnesota Statutes, Chapter 13, allows, but does not require, government entities to charge for copies of government data. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. … If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. Policy and procedures required by Minnesota Statutes, sections 13.025 and 13.03 (2016) Data Practices Policy for Data Subjects, Page 5.

http://www.ipad.state.mn.us/docs/accesspolds.docx 13.09 PENALTIES. (a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor. (b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.

https://www.revisor.mn.gov/statutes/?id=13.09 https://www.revisor.mn.gov/statutes/?id=13.09&format=pdf MacDonald Shimota et al v. Wegner et al. Federal Case Number: 0:15-cv-01590 Filed: March 25, 2015 Plaintiff: Michelle MacDonald Shimota and Thomas G. Shimota Defendant: Bob Wegner, Christopher Melton, Timothy Gonder, Jon Napper, Daniel Fluegel, Fluegel Law Firm, P.A., Dakota County, John 1-10 Does and Jane Does 1-10

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