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Decision on complaint could be issued

June 21, 2021

 

An agency that licenses and sets standards for Minnesota peace officers may soon determine the validity of a complaint filed against two Winnebago police officers.

 

Tripleanews.com has learned the Complaint Investigation Committee (CIC) of the Peace Officer Standards and Training board held a hearing early last month in St. Paul.

 

A complaint filed last summer with the POST Board alleges Winnebago Police Chief Eric Olson and officer Jacob Pettit used “excessive force” following a traffic stop in May 2020.

 

Last July, two videos were submitted to the POST agency showing Olson, Pettit and three Faribault County deputies attempting to arrest a motorist for suspected driver's license cancellation.

 

At the request of the POST Board, the Scott County Sheriff's Department investigated the complaint and the findings were turned over to the CIC for review.

 

The complainant says they were interviewed for nearly one hour by more than a dozen CIC members and an attorney from the Attorney General's Office.

 

The hearing reportedly was conducted only for Pettit, who appeared with legal representation.

 

The allegation of “excessive force,” says the complainant, has been upgraded to “deadly force.”

 

The CIC is expected to decide next month whether the complaint is substantiated or unsubstantiated. The committee could also ask for additional information or investigation before issuing a decision.

 

If the POST Board takes disciplinary action, full results of the investigation can be made public.

 

A spokesperson with the board says final discipline action occurs when a Stipulation and Consent Order is approved or when an administrative law judge issues an order in a contested hearing.

 

Authorities investigate shooting incident

June 18, 2021

 

An shooting incident at a rural residence involving three juveniles has Faribault County authorities looking for answers.

 

“No alcohol was involved and we're still waiting to verify the proper owner of the gun. That's why it's still under investigation,” says Chief Deputy Scott Adams.

 

A press release posted on the Sheriff's Office website is listed as “negligent discharge of a firearm.”

 

On June 16 around 11 p.m. authorities responded to a discharge of a firearm at 45167 70th St. in Emerald Township.

 

A 16-year-old juvenile male of Blue Earth was reportedly struck by one bullet in the leg, according to the news release.

 

Authorities say two other juvenile males, ages 16 and 17 and from Blue Earth, were present at the time.

 

The injured juvenile was transported from the scene by Blue Earth Ambulance to United Hospital District. He was later airlifted to the Mayor Clinic facility in Mankato.

 

Assisting county authorities were the Frost and Blue Earth ambulance crews.

 

B.E. police investigating converter theft

June 8, 2021

 

Not even an alert household pet could scare off a thief early Saturday morning in Blue Earth.

 

During the “Juba Jabber” program Tuesday morning on KBEW, Tom Juba told show host Ron Revere that his daughter and son-in-law's dog began “barking like crazy” around 3:00 a.m.

 

“He went out to see why. There was a guy parked in the driveway and he was underneath their Prius,” says Juba. “My son-in-law reported his license plate number to police.”

 

Although he was able to frighten away the man, Juba says the thief was able to steal the vehicle's catalytic converter.

 

There's been an increase in the scrap value of converters, which has resulted in a spike of thefts locally and across the country.

 

Blue Earth police are continuing their investigation and it's unclear whether the incident may be related to thefts in Brown and Nicollet counties.

 

In March, five converters were stolen in March; one in rural Nicollet County and another in New Ulm.

 

St. Peter police are also dealing with a rash number of thefts, 18 in late April and early May.

 

Winnebago Police Chief Eric Olson says so far his department has not received any reports of missing converters.

 

Authorities arrest 1, seek 3 others

June 2, 2021

 

One person was arrested, however, authorities are still looking for three others involved in the chase of a Utility Task Vehicle (UTV) near Bass Lake north of Winnebago.

 

A resident who lives nearby says there were numerous law officers and a K-9 unit searching the area. Roadblocks were set up and a law officer could be heard over a loudspeaker.

 

“The cops were driving around in a yard with spotlights looking in the slough and telling someone to surrender and they were under arrest,” says the resident.

 

Chief Deputy Scott Adams says 20-year-old Seth Michael Swehla of Winnebago was a passenger in the UTV and ran away from authorities. He was later arrested and required medical attention by the Winnebago Ambulance crew.

 

“He was treated for hypothermia,” says Adams. “At this time no additional parties were arrested but the investigation is ongoing.”

 

Swehla appeared in Faribault County District Court on Tuesday and was charged with fleeing police, obstructing the legal process and underage consumption. His next court hearing has been scheduled for June 28.

 

According to a news release from the Sheriff's Department, deputies responded to a driving complaint in the 39000 block of 225th Street Winnebago in Delavan Township around 11:00 p.m. Sunday.

 

A deputy who arrived on the scene saw a 2016 Honda Pioneer Utility Task Vehicle following a motor vehicle southbound on 400th Avenue.

 

The headlights of the UTV reportedly were not on but there were flashing red and blue lights on the front end of the vehicle.

 

According to the Sheriff's Office, a deputy tried to pull over the UTV but the driver sped up and drove through a bean field and damaged some crops.

 

Authorities say four occupants fled on foot into a wooded area and left behind the UTV and several alcohol containers.

 

Swehla allegedly admitted he had been drinking and refused to identify the other passengers in the UTV.

 

Also assisting at the scene were the Blue Earth and Winnebago police departments.

 

Anyone with information regarding the incident may contact the Sheriff's Office by calling (507) 526-5148.

 

Concert, tours planned at event center

May 29, 2021

 

COVID-19 restrictions for indoor gatherings and venues have been lifted and the owner of a Winnebago event center is back in business and isn't wasting any time.

 

Garth Carlson has scheduled a fundraising concert featuring country singer Connie Lee on Saturday, June 12, in the Carlson Event Center, located at the old school building.

 

Last January, the state Attorney General's Office sued Carlson for allegedly planning to hold a New Year's Eve party in violation of an executive order aimed at preventing the spread of the coronavirus.

 

Two temporary restraining orders have been issued to prohibit events at the center, with the latest being in March by Judge Troy Timmerman.

 

John Stiles, deputy chief of staff for the attorney general, says Timmerman's order simply requires Carlson to comply with the law.

 

“The governor's executive orders around COVID-19 were different then than they are now,” says Stiles. “Under new COVID-19 regulations that go into effect May 28, indoor concerts can be legally held.”

 

According to a poster advertising the event, tours of the Veteran Resource Center and Academy begin at 3 p.m. and Lee will start performing at 6 p.m.

 

Tickets cost $15 at the door or donations can be made by going to the website: www.veteransresourcecenterandacademy.org.

 

Those attending are being asked to bring their own mask, maintain social distancing and food and pop will be available.

 

The state's case against Carlson is moving forward with a hearing scheduled on June 14 in Faribault County District Court.

 

It's unclear whether Carlson is being represented by legal counsel. In a letter dated April 22, Jason Kohlmeyer informed court officials he was no longer representing Carlson.

 

Police chief gets good review, pay hike

May 26, 2021

 

Winnebago's police chief this month celebrated seven years with the department and also received a favorable annual job review.

 

City Administrator Jake Skluzacek informed City Council members during their May meeting that Eric Olson's performance is, “Satisfactory or above and I recommend he receive a 3 percent pay increase.”

 

The council voted unanimously to up Olson's hourly rate of pay to $33.14.

 

Skluzacek's summary fails to meet the evaluation standard recommended by the League of Minnesota Cities (LMC).

 

“The summary should provide enough information for the public to get the best possible sense of the performance of the employee,” according to a LMC memo.

 

There was no mention who conducted Olson's performance evaluation or what criteria was used.

 

Most job reviews usually involve rating an employee in several areas on a 1 to 10 point scale. Also, the employee's strengths and weaknesses are discussed with goals being set to make improvements.

 

Although details of the review were skimpy, Council member Jean Anderson expressed her appreciation for Olson's service.

 

“We are very lucky to have you, especially during these trying times,” she says.

 

In 2019, the city may have been looking for a new police chief as Olson was one of four finalists interviewed in March for the top post of the Morris Police Department.

 

Prisoner earns work release, transferred

May 16, 2021

 

A former Winnebago man serving prison time for an October 1998 murder was recently transferred to the Faribault County Jail.

 

Ryan Robert Owen, 46, was placed on work release status as of May 12, according to the Minnesota Department of Corrections (DOC) website.

 

Offenders are eligible for work release during the last eight months prior to their supervised release date,” says the DOC. “The program contracts with public and private agencies for residential work release services.”

 

Owen was booked into the county jail at 9:27 a.m. on Wednesday and was listed as a prisoner of other agency.

 

The DOC says selection criteria for work release includes current and prior criminal behavior, institutional adjustment and alcohol/chemical dependency history.

 

Programs provide structural living and close supervision and surveillance, with the intent of better preparing offenders for a successful crime-free life,” says the DOC.

 

On Oct. 12, 1998, Sheri Osborn was reported missing when she failed to show up for work at an electronics plant in Winnebago.

 

Area law enforcement officers and volunteers conducted massive searches which lasted

more than two weeks, ending when Owen confessed to murdering Osborn.

 

Owen was sentenced to a 23-year sentence in the Stillwater prison and was currently at a facility in Red Wing, a 45-bed adult minimum security unit where prisoners learn a trade to transition back into the community.

 

Owen's official release date is scheduled on Feb. 21, 2022, and has an expiration date of Oct. 19, 2033.

 

Drunk driver charged in fatal crash

May 11, 2021

 

A 20-year-old Winnebago man faces a felony charge of criminal vehicular homicide in an early morning crash that killed a Blue Earth man last October.

 

According to court documents, Jeffrey Gordon Gunzenhauser was drunk when he drove in the wrong lane and caused the fatal crash.

 

Charges were filed in Faribault County District Court on Tuesday and Gunzenhauser has been ordered to make his first court appearance on May 24.

 

He also was charged with gross misdemeanor criminal vehicular operation.

 

The crash occurred Oct. 31 south of Winnebago on Highway 169 and killed 76-year-old Harold Elvin Renkley.


Winnebago police officer Jacob Pettit, who was off-duty according to Police Chief Eric Olson, witnessed the head-on crash after Gunzenhauser nearly struck his vehicle.

 

Pettit was southbound around 12:30 a.m. when he had to swerve onto the shoulder to avoid hitting a Dodge Dart traveling north in the southbound lane.

 

Court papers say that Gunzenhauser failed to brake and kept going in the wrong lane as the officer turned around and called the county dispatcher.

 

The officer saw the Dodge Dart strike Renkley's mini-van, according to court documents, as it was traveling south and tried to avoid Gunzenhauser.

 

A blood sample taken from Gunzenhauser showed that he had an alcohol level of 0.10.

 

Gunzenhauser, Renkley and a passenger in his vehicle, Stanley R. Oppedal, 84, of Ames, Iowa, were all unconscious.

 

Renkley died at the scene and Oppedal was transported to a hospital with non-life threatening injuries. Gunzenhauser suffered serious injuries and was airlifted to a Twin Cities hospital.

 

Crash data provided by the Dart's airbag control module shows Gunzenhauser did not brake before the crash, according to a State Patrol investigator.

 

A woman who knows Gunzenhauser reportedly told investigators she was talking with him on the phone when the line suddenly went dead.

 

Pastor arrested for Ohio sex crime

May 5, 2021

 

Four area churches need a new pastor after theirs was recently arrested for an alleged sex crime that occurred in Ohio.

 

Steven P. Woyen, 46, of Albert Lea was taken into custody by Freeborn County authorities on a warrant issued April 16 in Ohio for sexual battery, a third-degree felony crime.

 

Last January, Woyen was featured in a local newspaper story when he was hired as the pastor for Bricelyn Lutheran; North Blue Earth Lutheran; Our Savior's Lutheran, Kiester; and Trinity Lutheran, located south of Kiester in Iowa.

 

A member of one of the congregations confirms that Woyen is no longer their pastor and believes there may be a search under way for a replacement.

 

Woyen was booked into the Freeborn County Jail after being arrested for being a fugitive of justice and later transported to the Tuscarawas County Jail in Ohio.

 

According to a news report, a Tuscarawas County Grand Jury indicted Woyen on three counts of sexual battery that allegedly occurred between 2008 and 2011.

 

Woyen reportedly engaged in sexual conduct with a minor who attended or was a member of First Lutheran Church of Strasburg when he was its pastor.

 

Since the Ohio allegations surfaced, Woyen has submitted his resignation as a Lutheran pastor.

 

Wells Concrete plans major expansion

May 2, 2021

 

One of the largest employers in Faribault County will undergo a multi-million dollar face-lift soon.

 

Wells City Administrator CJ Holl says Wells Concrete is planning to build a new production plant at its current location along Highway 22.

 

“It will give them expanded capabilities and will likely mean new employees being hired,” says Holl.

 

Officials at the company's headquarters in Albany, MN, did not respond to requests to provide more details.

 

Holl announced the expansion plans Thursday morning during an interview on KBEW Radio.

 

Holl tells Tripleanews.com that the precast concrete producer has been operating in the city since 1957 and currently employs about 150 workers.

 

The new facility in Wells is expected to cost $7 million and an additional $2 million will be spent for equipment.

 

“Construction will start shortly and go throughout the summer,” says Holl. “They have a batch/assembly plant there now and are adding another one.”

 

According to a business website, Wells Concrete has five other production plants in Rosemount and Albany, MN; Denver, Colo; Crystal Lake, Ill.; and Valders, Wis.

 

The company has provided architectural and structural precast products, says the website, for commercial construction projects from Canada to New Mexico and Indiana to Colorado.

 

The U.S. Bank Stadium for the Minnesota Vikings and the University of Minnesota Athletes Village are among the many projects in the state that Wells Concrete has supplied precast concrete.

 

Authorities working on vandalism cases

April 22, 2021

 

It's been nearly a year since a rash number of vandalism incidents occurred in Faribault County.

 

Local authorities are saying very little on whether they are getting any closer to making an arrest. However, it does appear they are on the same page when asked to give an update.

 

“It is still an open investigation,” says Chief Deputy Scott Adams.

 

Last July, county authorities received reports of windows being damaged by BB gunshots in the Delavan and Kiester area.

 

At that time, Adams said that northern Iowa communities also experienced similar incidents and county authorities were reviewing video footage of possible suspects.

 

In Winnebago, nine vehicles had windows shattered and a Main Street storefront window was hit with BB gunshots.

 

“Still open,” says Police Chief Eric Olson, who refused to give an estimate of the total damage.

 

Blue Earth Police Chief Tom Fletcher says there were five reports of BB gun vandalism and also have no idea on the extent of damage.

 

“It is still under investigation and I don't have a dollar amount available at this time,” he says.

 

Not even a $350 reward being offered by a Blue Earth business owner has yielded any useful tips.

 

Anyone with any information can call the Sheriff's Department at (507) 526-5148, Blue Earth Police Department at (507) 526-5959 or Winnebago Police Department at (507) 893-3218.

 

Appeals court upholds perjury conviction

April 14, 2021

 

A 38-year-old Blue Earth woman has lost an appeal to overturn her perjury conviction related to the 2017 assault of a Blue Earth Area football player.

 

Allison Ann Mastin was accused of lying during a July 2018 omnibus hearing for Wyatt Tungland, a teen involved in the assault of a teammate at another player's house in Winnebago.

 

On Monday, the Minnesota Court of Appeals dismissed Mastin's claims that:

  • there was not enough evidence to support the jury's guilty verdict;

  • judge Troy Timmerman and prosecutor LaMar Piper committed errors;

  • and, Piper did not tell the defense that Tungland said during a pretrial interview his brain was “mush” due to prior concussions.

 

According to court documents, Mastin testified that Tungland was at her home in Blue Earth at the time the teen was beaten unconscious, which occurred around 2 a.m. on Oct. 18.

 

Tungland, who was dating Mastin's daughter, admitted in an interview with Winnebago police that he was at the underage drinking party and witnessed the assault, But, he denied taking part and did not tell authorities he went to Mastin's house.

 

In a 17-page decision, a three-judge panel says the appellate court performs “painstaking analysis” to determine whether the evidence supports the jury's guilty verdict.

 

“The circumstances proved are consistent with only one conclusion, Mastin knowingly testified falsely that Tungland was at her house on the night of the Winnebago party,” says the ruling. “Because the evidence at the trial established beyond a reasonable doubt that Mastin committed perjury, we affirm her conviction.”

 

In her appeal, Mastin's attorney says Timmerman should not have allowed Winnebago police chief Eric Olson to testify the assault had received significant media attention after prohibiting media articles from being used as evidence.

 

Allowing the evidence was a “stark reversal” of Timmerman's pretrial order and it was irrelevant to the perjury charge, claims the appeal.

 

The appellate judges found that Timmerman did not exclude testimony about media coverage and even if he had, the testimony would not have had a significant impact on the jury's verdict.

 

“When an error is of no vital consequence or does not materially affect the substantial rights of the accused and there is sufficient evidence to support the verdict, we will not disturb the conviction,” says the appellate panel.

 

Mastin contends that Tungland telling the prosecution that his brain was “mush” could have been used to question his credibility.

 

But, the appeals court says there was enough evidence showing that Tungland was at the party and that knowledge would not have changed the jury's verdict.

 

“An appellate court should only reverse the district court's decision regarding a discovery violation where the prosecutor's conduct was inexcusable and so prejudicial that the defendant did not receive a fair trial,” says the appellate ruling.

 

In January 2020, Mastin was convicted of perjury but found not guilty of obstructing an investigation. She was sentenced to 30 days in jail, placed on supervised probation for two years and fined $1,085, which can be paid by working on Sentence-to-Serve (STS) crews.

 

Second mother accepts plea agreement

April 9, 2021

 

A second mother accused of trying to cover-up her son's involvement in the assault of a Blue Earth Area football player has struck a plea deal.

 

Renee Lee Nagel, 47, of Blue Earth has accepted Faribault County Attorney Kathryn Karjala's offer of a continuance for dismissal.

 

Under the agreement, Nagel was placed on six months probation which will expire on Sept. 29.

 

If she remains law-abiding and has no same or similar charges for six months, the case will be dismissed.

 

Nagel's son was charged and convicted in the October 2017 assault that occurred during a party held at a teammate's home in Winnebago.

 

Last month, Shawna Barnett, 47, of Des Moines, Iowa, also agreed to a plea of a continuance for dismissal with the same conditions. Her probation will expire on Sept. 16.

 

Both with charged with aiding an offender; aiding an offender obstructing an investigation; conspiracy to aid and offender; and conspiracy to obstruct and investigation.

 

According to court documents, subpoenaed text messages show that Nagel and Barnett, “consulted each other and third parties about the assaults and worked to eliminate the risk of conviction for their sons and others.”

 

B.E. City Council rejects recall petition

April 7, 2021

 

After nearly one hour of discussion, Blue Earth City Council will not let residents decide whether a council member should continue serving.

 

At their meeting held Monday, council members voted 6-1 to reject a petition seeking a recall election for Councilman John Huisman.

 

City officials hired attorney Chris Kennedy to determine whether the petition signed by 265 residents has sufficient grounds and is valid.

 

Although petitioners followed the City Charter and state statutes, Kennedy says that's not enough.

 

“The charter is in violation of the state constitution, it requires findings of malfeasance or non-feasance,” he says. “I don't see any allegations in the petition that indicates there was anything in his role as a councilman. I don't see how you can have malfeasance if he was not acting on behalf of the city.”

 

Mayor Rick Scholtes was the lone dissenting vote, saying the charter doesn't mention malfeasance or non-feasance and the petitioners did what was required.

 

He says the council shouldn't have to decide whether a letter signed by Huisman and sent to KBEW rises to the level of malfeasance.

 

“I took an oath to uphold the City Charter,” says Scholtes. “I went by our charter. That's all my vote was based on. That was it.”

 

Because police officers and city staff are held to a higher standard of conduct, says Scholtes, he and the council should also.

 

“I feel that I am always the mayor, 24/7,” he says. “How do you determine when you are a council member or not? I think that is a perception some people have and struggle with. Finding ourselves exempt is troubling to me.”

 

Residents at the meeting were allowed to comment prior to the council taking a vote.

 

Dan Brod, who helped organize the petition with four others, called the letter, “very subversive, secretive and offensive.”

 

Huisman and 13 people --- members of the county's DFL Party --- signed a letter expressing their displeasure with the radio station airing The O'Reilly Factor and sent it to station management.

 

Those who signed the letter said they would encourage businesses not to advertise and people not to listen. Some members of the public took that as threats being made.

 

“It was so unbecoming as a councilman and it irritated me immensely. The first time I saw it I came unglued,” Brod says. “My gosh, this was improper activity.”

 

Sue Hauskins gathered 60 signatures with her husband and says some residents expressed their disappointment and anger.

 

“The community knows they were heard. You guys know that we were heard. But, the rest is up to you,” says Hauskins, who worked for the city for 21 years.

 

Sue Scholtes says a council member should not do or say anything that would hurt businesses financially.

 

As in the past, Huisman again apologized to the council, KBEW and residents of the city.

 

“I am really truly sorry from the bottom of my heart. I want us to move forward as best we can. I want to help this city to bring opportunities and job. I want us to move in a positive direction.”

 

Council members agreed that the city's charter should be updated to provide clearer guidelines for holding a recall election.

 

City Attorney David Frundt says the city should get an Attorney General's opinion on any changes being proposed to the charter.

 

Before making a motion to reject the petition, Councilman Glenn Gaylord asked Kennedy whether the council really had any choice.

 

Kennedy says if the petition is approved and Huisman takes the matter to court, a district judge would have to follow the state constitution and issue a restraining order to stop a recall election.

 

County Attorney submits her resignation

April 5, 2021

 

The search for a new Faribault County chief prosecutor is expected to begin soon.

 

Tripleanews.com has learned County Attorney Kathryn Karjala has submitted her letter of resignation.

 

John Roper, chairman of the County Board, says the five-member board will have to vote at their Tuesday meeting to accept her resignation effective July 1.

 

“It (resignation) came as a surprise to me,” says Roper. “I understand she is engaged and will be moving out of the county.”

 

Karjala was hired in January of 2018 after County Attorney Troy Timmerman was appointed to serve as judge for Faribault County in the Fifth Judicial District.

 

Ten months later, she ran unopposed and was elected to a four-year term in the November general election.

 

“We want to start looking for a replacement right away. We'll post the opening in trade magazines and courthouse/county websites,” says Roper.

 

Although Karjala's resignation is not listed as a meeting agenda item, she is expected to provide commissioners with her monthly report on county attorney business.

 

Center owner drops counterclaims

April 2, 2021

 

The owner of a Winnebago events center who was sued by the Attorney General's Office has dropped his counterclaims against the state.

 

A Zoom hearing scheduled Tuesday in Faribault County District Court was canceled after Garth Carlson withdrew the claims.

 

“In my client's realization, he is simply one man against the entire state of Minnesota and needs to conserve resources,” Carlson's attorney Jason Kohlmeyer told Judge Troy Timmerman.

 

In his claims, Carlson cites he suffered defamation and financial losses when the state filed a lawsuit against him for planning a New Year's Eve Party in violation of the governor's shutdown order during the COVID-19 pandemic.

 

In a letter to the court, Carlson's attorney says publicity of the lawsuit have damaged his client's reputation and it has interfered with his ability to collect donations.

 

Timmerman issued a temporary restraining order and the event was not held. Now, the judge has issued a new injunction.

 

In court documents, Carlson's attorney contends the governor's executive order is unconstitutional and not evenly enforced.

 

Carlson says the event advertised as a “New Year Eve dance” was a religious gathering exempt from the governor's order.

 

“I never had and have no plans to host an event in violation of the law or executive orders,” Carlson says in an affidavit.

 

In a March order, Timmerman says Carlson's arguments are “unpersuasive.”

 

The state's lawsuit is based on social media advertisements appearing to be promoting the dance with a live band.

 

According to court documents, the ads listed a $25 fee to attend, the letters “B.Y.O.B,” and words in Spanish that translate to “you can bring your own beer or liquor.”

 

Carlson claims he was asked to host a Hispanic religious gathering and believed the event was in compliance with the executive order.

 

The $25 admission fee was a donation in lieu of charging a rental fee, says Carlson, and he did not look over the advertisement closely before sharing it on social media.

 

Carlson says he developed a COVID-19 preparedness plan required by the state for businesses and organizations allowed to operate during the shutdown.

 

But, Carlson has not “submitted any evidence whatsoever detailing what made the planned event itself religious in nature,” says Timmerman's order.

 

The judge's order requires Carlson to produce a copy of the preparedness plan within 30 days.

 

On challenges regarding the constitutionality of the executive order restrictions, the judge says Carlson has not met any legal threshold.

 

The court has not yet scheduled the next hearing date in the case.

 

Meeting violates conflict of interest?

March 30, 2021

 

A special meeting held by the Blue Earth City Council to consider whether there should be a recall election may have been improperly held and conducted.

 

Council members met last Thursday after a petition with 265 valid signatures was turned into City Hall last week.

 

Petitioners are seeking to have the council determine if there are sufficient grounds to pass a resolution to have a recall election for Councilman John Huisman.

 

However, Huisman's attorney ---- Thomas Anderson ---- told council members he doesn't know why there was a meeting.

 

I don't know who called the meeting. The City Charter says the petition will be voted on at the next City Council meeting,” says Anderson. “It doesn't say anything about setting a special meeting.”

 

The petition alleges Huisman violated freedom of speech and freedom of the press protected by the First Amendment by signing a letter sent to KBEW.

 

In the letter, the councilman and 13 others were critical of a program called The O'Reilly Factor and said they would encourage businesses not to advertise on the station and residents not to listen.

 

During the meeting, Huisman argued that the petition should be rejected because there weren't sufficient grounds to demand he face another election.

 

Huisman's comments and participation during the meeting appears to have violated an elected official's responsibility to avoid a Conflict of Interest outline in a League of Minnesota Cities information memo.

 

According to the self-judgment section, an official should exclude themselves from any discussion about themselves.

 

On the theory that no person should serve as the judge of his or her own case, courts have generally held that an officer may not participate in proceedings where he or she is the subject,” says the memo. “As a result, council members probably should not participate in a decision involving their own possible offense.”

 

Near the end of the meeting, Huisman made a motion to reject the petition but it was voted down. He also voted a motion ---- which was approved --- to have the city hire an outside attorney to decide the petition's validity to have a recall election.

 

The council is expected to discuss the petition at their next meeting scheduled for April 5.

 

B.E. council tables recall petition

March 26, 2021

 

A petition to recall a Blue Earth City Council member that was spearheaded with the help of a former councilman was tabled during a special meeting held Thursday.

 

With the help of city staff and following the City Charter, Dan Brod and four other residents gathered 15 more than the required 250 valid signatures to seek a recall election of Councilman John Huisman.

 

He's a councilman and I don't think it was a very good thing to do,” says Brod on why the group circulated a petition.

 

Huisman and 13 people --- members of the county's DFL Party---- signed a letter expressing their displeasure that KBEW was airing a program called The O'Reilly Update and sent it to station management.

 

Brod says that Huisman and the others attempted to censor a program and made threats to the station by encouraging businesses not to advertise and people not to listen.

 

Huisman violated freedom of speech and freedom of the press, says Brod, which are protected by the First Amendment.

 

You can threaten people because of the First Amendment? I don't think so, I don't think it goes that far,” Brod says.

 

Huisman says he signed the letter as a private citizen and not as a member of the City Council.

 

I did not violate the First Amendment in any way, shape or form,” he says.

 

Mark Hauskins says Huisman, who is a retired educator, should better than to sign a letter that made alleged threats.

 

This (letter) borders on bullying and it is not to be tolerated. You tell advertisers to pull their advertising, that is bullying in my manual,” Hauskins says.

 

In a letter to council members, Huisman's attorney ---- Thomas Anderson ---- explains why the petition is not valid. He says state law sets out high standards for a recall election and the City Charter does not.

 

Malfeasance and non-feasance must be found. It must be an illegal act, evil act or something that a person ought not to do,” says Anderson. “It's the law folks. The letter is political speech. You are constrained by the law and just can't do what you want.”

 

Mayor Rick Scholtes says the purpose of the special meeting was for the council to decide whether the petition is valid.

 

Based on our charter, the petition is sufficient. They did their part and brought the petition to us,” says Scholtes.

 

City Attorney David Frundt told the council because of a conflict of interest, he does not believe it would ethical for him to determine whether state law prevails over the City Charter. He suggested they hire an outside attorney to settle the issue.

 

Council Dan Warner says the petition, like the letter to KBEW, would “create division and ugliness in our town.”

 

I don't support a recall election at taxpayer cost. My opinion on the matter is we let this go,” he says.

 

Councilman Glenn Gaylord says he felt being strong-armed and threatened by Huisman's attorney to OK the petition without enough information.

 

We're working for the people of Blue Earth and not this attorney. He doesn't mean anything to us,” says Gaylord. “He says you got to do this and our charter says another thing.”

 

Huisman made a motion to reject the petition, however, that was defeated on a 5-2 vote. Warner and Huisman voted in favor of dismissing the petition.

 

On another 5-2 vote, the council ---- except Huisman and Warner --- agreed to have Frundt hire an attorney who would be willing to handle the matter and possibly have an answer by the April 5 council meeting. 

 

Twice as many gun permits issued

March 25, 2021

 

Like the state's 2020 end-year total, Faribault County issued nearly twice as many handgun permits than the year before.

 

Sheriff Mike Gormley processes permit to carry applications that have been provided by the Minnesota Bureau of Criminal Apprehension (BCA) and tracks the numbers.

 

And, like other sheriffs across the state, Gormley saw more than an uptick in the number approved. In fact, it was almost a 53 percent increase.

 

We saw more women getting permits,” he says. “As for reasons for the overall increase, I could only speculate. They don't specify why they want a permit.”

 

According to Gormley's figures, there were 258 new permits plus 86 renewals for a total of 344 last year and three applications denied.

 

That compares to 2019 when there were 142 new permits, 40 renewed and two denials.

 

Martin County saw 344 new permits issued, 79 renewals and one application denied last year. In 2019, it was 137 new permits, 79 renewals and two denials.

 

The state's BCA yearly Permit to Carry Report shows 96,554 permits to carry were issued last year, while the number was 51,404 the year before.

 

The state currently has 358,897 valid firearms permits. In 2020, 103 were suspended, 36 revoked, 968 voided, 1,191 denied and nearly 102,000 applications were submitted.

 

Meeting set for Level 3 sex offender

March 11, 2021

 

Since July 2018, a third Level 3 sex offender is being released from prison and moving to Winnebago.

 

Police Chief Eric Olson says a public notification meeting is being held for 39-year-old Archester Rodgers Jr. on March 16 beginning at 6 p.m. at the Municipal Center Community Room.

 

“Because of social distancing, there will also be a link to join the meeting remotely from a computer,” says Olson. “The link will be supplied on the city's webpage. Representatives from the Department of Corrections (DOC) and Winnebago Public Safety will be available to provide useful information.”

 

Mark Bliven, director of Risk Assessment/Community Notification for DOC, says Rodgers is currently serving a 30-month sentence in St. Cloud for a 2017 violation of not registering.

 

He also was convicted of a fifth-degree criminal sexual conduct misdemeanor charge that involved two adult female victims, but did not have to serve time in prison.

 

Bliven says Rodgers has a concurrent 24-month sentence for a 2019 violation of failing to register that is associated with a misdemeanor domestic assault conviction.

 

“He has served time in prison four times,” says Bliven. “His next release is scheduled for Monday, March 15.”

 

Because a Level 3 sex offender is considered a high risk to re-offend, state law requires a public meeting be held by law enforcement to inform local residents.

 

As of July 1, 2019, there were 18,000 people required to register as an offender in the state, according to the DOC. Of those, 54 of the registrants live in Faribault County.

 

While 15 registrants have a Winnebago address, according to local authorities, eight are actually living within the city limits.

 

Greenfield project moving at slow pace

March 7, 2021

 

The pandemic has slowed progress of opening the Corn Plus facility in Winnebago, which has been closed since September 2019.

 

Economic Development Authority board members got an update Wednesday from the city's EDA specialist Angie Stier.

 

“I'm waiting to get a response from an email I sent last week,” says Stier. “It's been a slow response.”

 

When Mayor Scott Robertson asks Stier if there was any reason to be alarmed or concerned, she answers, “No.”

 

Stier says Greenfield Global of Canada is unable to send anyone to the facility because of the country's strict travel restrictions.

 

Company officials have said that repairs and improvements to the nearly 30-year-old facility are needed before it re-opens.

 

“We are staying in contact and working to keep things moving forward,” Stier says.

 

Robert Dekker, vice-president of communications and public relations for Greenfield, tells Tripleanews.com company officials are hoping to visit the city and facility soon.

 

“The local support has been wonderful and we are excited to get started,” he says. “In fact, we are bringing on new employees this month, focused on permitting and making improvements to the plant. We're still planning on a Fall startup.”

 

Since Greenfield announced its purchase of Corn Plus last October it has been a topic of discussion at monthly EDA meetings.

 

“It is very critical for the city of Winnebago. It would be a huge shot in the arm,” says Robertson. “We have to keep Winnebago afloat somehow.”

 

At the time of its closing, Corn Plus produced 49 million gallons of ethanol annually and employed about 40 people.

 

With headquarters in Toronto, Ontario, Greenfield operates four fuel distilleries to make it the largest ethanol producer in the country. In addition, it owns five specialty chemical and packaging plants and two “next-generation” biofuel and renewable energy research and development centers.

 

Conspiracy cases may be resolved

March 3, 2021

 

Two mothers who were charged after their sons were convicted of assaulting a Blue Earth Area football teammate in 2017 appear to have their cases coming to an end.

 

Mankato attorney Patrick Casey says while the court hasn't addressed his client's right to a speedy trial, he and Faribault County prosecutors have reached a deal.

 

“The state has agreed and we have accepted a six-month continuance for dismissal,” says Casey. “The only condition is that Shawna Barnett have not same or similar violations of law and this case will be dismissed in six months.”

 

Barnett, 47, of Des Moines, Iowa, and Renee Lee Nagel, 47, of Blue Earth each face four felonies for conspiring to cover up the assault committed by their sons and two other teens.

 

According to court documents filed in Faribault County District Court, the two were charged with aiding an offender; aiding an offender obstructing an investigation; conspiracy to aid an offender; and conspiracy to obstruct an investigation or prosecution.

 

Barnett and Nagel, “consulted each other and third parties about the assaults and worked to eliminate the risk of conviction for their sons and others,” says the complaint.

 

Subpoenaed text messages are cited as evidence, according to the court complaint, and a cellphone belonging to Barnett's son reportedly disappeared before authorities could view video of the assault.

 

According to the court's schedule, Barnett was scheduled to have an arraignment hearing on March 17.

 

Nagel's next court appearance was a contested omnibus hearing set for April 26, but it was canceled and rescheduled to a plea hearing on March 29.

 

Nagel's attorney, Michael Kircher, did not respond to a request for comment.

 

Board doesn't defy governor afterall

February 14, 2021

 

Oops! Oops!

 

Faribault County commissioners have fallen victim to the adage ---- garbage in, garbage out.

 

On Jan. 19, the County Board on a 3-2 vote approved the “Citizens Rights” resolution. However, it wasn't the one County Attorney Kathryn Karjala emailed Tripleanews.com for a story.

 

“It does appear that I attached Mr. Carlson's resolution twice instead of the resolution as passed,” Karjala says. “The county probably will not face litigation.”

 

The county attorney is referring to a resolution Commissioner Tom Loveall introduced on behalf of Garth Carlson, the owner of Carlson Events Center located in the old Winnebago school building.

 

Loveall and fellow Commissioner Greg Young voted in favor of the Carlson resolution, although Karjala called it “unconstitutional,” could result in lawsuits against the county and loss of potential coronavirus relief aid. Commissioners John Roper, Bill Groskreutz and Bruce Anderson voted against it.

 

The resolution that was ultimately approved, following some changes made by Loveall, still supports the rights and liberties of citizens set forth in the Fourteenth Amendment.

 

“The Faribault County Board of Commissioners acknowledges the ability of the individuals and businesses of Faribault County to determine their best course of action to respond to the COVID-19 pandemic,” the resolution says.

 

Loveall, Young and Anderson supported the revised version, while Roper and Groskreutz did not.

 

“I think it was unnecessary to vote for something that we already do as a commissioner when we took our oath of office,” Roper says.

 

Groskreutz says he wanted to wait and have the county attorney determine whether the resolution is constitutional.

 

“We're not going to tell a business that they can or not be open or anyone that they can defy the governor's executive orders,” says Groskreutz. “If they do, we won't be there to bail them out. They'll have to face the consequences.”

 

Investigation cost more than $20,000

February 6, 2021

 

Investigation of a second complaint filed against Winnebago's police chief and a police officer is complete and cost more than $20,000.

 

City Administrator Jake Skluzacek says the city paid Isaac Kaufman of Red Cedar Consulting in Edina $22,122 for the investigation that began last July.

 

Because of state Data Privacy Laws, says Skluzacek, findings in the report will not be made public.

 

“The information cannot be released by the city without express consent for its release from the employees,” he says.

 

The complaint reportedly alleged Police Chief Eric Olson and officer Jacob Pettit used “excessive force” during a traffic stop for a suspected driver's license cancellation on May 6.

 

Because information of the investigation will remain private, that means there was no wrongdoing found and no disciplinary action will be taken.

 

“The City Council will vote on Feb. 9th to take no further action on the complaint,”says Skluzacek.

 

In another investigation, Kaufman billed the city $3,100 and determined there was no “abuse of power and overreach” when a bar owner was charged with violating an executive order to remain closed during the coronavirus pandemic.

 

In early July, Michelle Soldo of Soldo Consulting Group, P.C., of Woodbury began working on the investigations and Kaufman was hired later.

 

According to a website page, Kaufman has served 11 years as head of the Law Enforcement Labor Services (LELS), Inc., the largest law enforcement union in the state.

 

As part of his duties he traveled throughout the state representing members in Internal Affairs investigations, grievance arbitrations and litigation.

 

Letter discussed, councilman remains

February 2, 2021

 

Despite signing a letter that KBEW's general manager called “an attempt of extortion,” a Blue Earth councilman will continue to serve.

 

After nearly one hour of public comment, the City Council chose not to vote on whether Councilman John Huisman should be removed.

 

Mayor Rick Scholtes told those in attendance he decided to put discussion of the letter on the Monday meeting agenda because of public inquiries.

 

“In the past week and a half I received numerous emails, texts and phone calls about what we were going to do,” says Scholtes.

 

Huisman and 13 people ---- members of the county's DFL Party --- signed a letter expressing their displeasure that KBEW was airing a program called The O'Reilly Update and sent it to station management.

 

“We wanted our voice heard and to me that is the American way,” he says. “None of the 14 people released the letter to social media, we didn't want that to happen.”

 

Huisman speculates that it was a staff member at the radio station who took a copy of the letter and posted it on social media.

 

That drew a sharp denial from station general manager Ron Revere, saying that employees were told not to make any comments about the letter publicly.

 

“How it got there I have no idea. It does bother me we were blamed for putting it on social media,” he says. “That is absolutely false.”

 

Revere admits he did make copies for business owners who requested one.

 

When asked what the council could do to reprimand Huisman, Scholtes explained that five of the seven council members would need to vote in favor of removing him.

 

Huisman could have resigned, but chose not to. He also serves on the Economic Development Authority board and plans to explain at their next meeting why he should remain a member.

 

Scholtes says the fifth-term councilman could still be subjected to a recall vote if 250 eligible voters who voted in the last election sign a petition.

 

The signatures would have to be verified of being valid and then the council would need to pass a resolution to hold a special election.

 

In the letter, members of the community and area would be asked to refrain from listening to KBEW and businesses owners encouraged not to advertise on the station.

 

Huisman says the county's DFL Party held a special meeting recently and did not take action on the group's recommendations.

 

“My employees felt it was a threat to destroy the radio station. It was a deliberate attempt to harm our business, we didn't take that very well,” says Revere. “It was an attempt to scare us.”

 

In issuing an apology, Huisman says the group never intended to cause any harm to anyone.

 

“I am sincerely, truly sorry that this happened. If I could take it back, I would. One hundred times over,” he says. “It clearly was a mistake on my part.”

 

Revere accepted Huisman's apology, saying it was time to move on.

 

Scholtes says the city does not have a code of conduct pertaining to council members and it is something that should be addressed in the future.

 

Letter may be discussed at meeting

January 30, 2021

 

A letter sent to the local radio station has some residents angry and is listed as a New Business item ---- KBEW letter ---- on the Blue Earth City Council agenda for Monday's meeting beginning at 5 p.m.

 

On a Saturday 12:15 p.m. radio newscast it was reported the letter was going to be discussed.

 

The letter, addressed to the station's general manager and program director, takes issue with The O'Reilly Update, a 15-minute program that airs daily beginning at noon.

 

“In a time of deep division among our citizens, Bill O'Reilly's poisonous, divisive political rhetoric deepens those divisions in the United States of America,” says the letter. “We feel KBEW is not a vehicle with which to air these extreme, venomous positions.”

 

O'Reilly once hosted on the conservative Fox News network a top-rated show called “The O'Reilly Factor,” which he touted as being a “no-spin zone” analysis of news and current events.

 

At the end of the KBEW broadcast O'Reilly thanks those for listening and adds his show is, “No spin. Just facts. And, always looking out for you.”

 

The letter, which is not endorsed by the Faribault County DFL Party, lists the names of some local Democrats --- including Councilman John Huisman.

 

Those who sent the letter requested it be placed in the station's “public inspection file,” which the Federal Communications Commission requires. However, a copy of the letter was also posted by someone on social media.

 

According to the letter, the county's DFL Party would be encouraged to take the following steps:

  • Never purchase any more advertising on KBEW in the future;

  • Encourage members of the community and area to refrain from listening to KBEW;

  • Tell current and future KBEW advertisers their dollars could be better spent elsewhere;

  • and, advise future candidates we support for political office not to use KBEW as a marketing vehicle.

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© 2015 Antonio Acosta