Monday, September 7, 2015

White Earth Nation Police & Mahnomen Co. Attorney Darlene Rivera Spalla Makes The Wild & Outrageous Claim Of "Sovereign Immunity" In Attempt To Illegally Withhold Criminal Investigative Data In Case No. 44-CR-12-281 State Of Minnesota VS William Ross McArthur? Is That How WEPD & Rivera Are Illegally Withholding Evidence From Paula Reyes (No. 44-CR-14-696) & Matthew Harding (Case No. 44-CR-14-699)? Or Did WEPD K-9 Hagar Eat The Evidence/Homework? Inquiring Minds Want To Know, Don't They? Lexie Jean Clarke Says Charges Against McArthur Are False?



My reliable source in case no. 44-CR-12-281 State Of Minnesota vs William Ross McArthur has told me that former White Earth Indian Child Welfare attorney and current Mahnomen Co. Attorney Darlene Rivera Spalla has been conspiring with the White Earth Nation Police dept. to obstruct justice, haven't they? They have, haven't they?

“… trail got postponed because of tribe claimging [sic] sovereignty to with hold evidence. Next date is oct 9th.” August 19, 2013 (Direct quote and misspelling from my anonymous source, right? Anonymous source that has solid information on case, right?)

According to my reliable and anonymous source, Co. Attorney Rivera has been making the wild and outrageous claims that the tribe has "sovereign immunity" and doesn't have to cough up their criminal investigative data, hasn't she? She has, hasn't she?

Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent "trial by ambush," where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence. How Courts Work - Steps in a Trial - Discovery American Bar Association http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html

Co. Attorney Rivera has been making the wild and outrageous claims of "sovereign immunity" in attempt to rig Will McArthur's trial, hasn't she? She has, hasn't she? (Didn't the WEPD agree to abide by the Minnesota Data Practice Laws? They did, didn't they?)

Subd. 2. Tribal law enforcement agency requirements. A tribe may exercise authority under subdivision 3 only if it satisfies the following requirements: (4) if the tribe's governing body has authorized its peace officers to enforce criminal laws within the boundaries of the tribe's reservation, the tribe agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies. 626.93 Law Enforcement Authority; Tribal Peace Officers

Let's back up a second, okay? The trial is allegedly supposed to take place on 09/14/2015, 09/15/2015, and 09/16/2015, right? For a case that was brought on 04/13/2012, right? That's right, isn't it?

WHITE EARTH TRIBAL COURT CHILDREN'S COURT In the Matter of the Welfare of the Child of: SUMMONS OF FILING OF PETITION Thomas Tucker Michael Robinson Julieann Whipple Robert Hulif Court File No. CC-08-800, 801, 802 Dated: 5 February 2010 by: Darlene Rivera Attorney for White Earth Indian Child Welfare. Anishinaabeg Today Wednesday, March 3, 2010 page 25.


It sure looks like Co. Attorney Rivera was trying to illegally withhold the evidence long enough to force Will McArthur to plead guilt to something he didn't do, doesn't it? It does, doesn't it?

Breakout session speakers included: Patty Wetterling, who presented on “Imagine a World Without Sexual Violence,” Richard Moldenhauer who presented on “Prescription Drug Abuse in Minnesota,” Lt. Col. Dave Grossman who presented to law enforcement officers on “Physiological and Psychological Preparation for Combat,” Joe Plummer and Darlene Rivera who presented on “Prosecution Rates of Sexual Assaults and Domestic Violence Cases,” Christina Kollman who presented on “Traumatic Brain Injury,” Glennis Dudley who presented on Ways to Identify Elder Abuse, Guadalupe Lopez and Nicole Mathews who present- ed on Trafficking of Native Women in Minnesota, Jeremy Nevilles-Sorell who presented on Tactics and Profiles of Batters, and Shirley Iverson who present- ed on “Voices of Rape.” More than 200 attend annual Victim Service Collaborative Conference at Shooting Star By Kristi White Earth DOVE Program. Anishinaabeg Today, page 6. Wednesday, July 6, 2011



Especially, when former White Earth Indian Child Welfare attorney Darlene Rivera Mahnomen County Attorney has knowledge that Will McArthur has been a victim of false charges before, right?

Judge Kurt Marben swears in former White Earth Indian Child Welfare attorney Darlene Rivera as the new Mahnomen County Attorney on Jan. 4 at the Mahnomen County Court House. Anishinaabeg Today Wednesday, February 2, 2011 page 3.


In fact, it is a matter of the public record that Tiffany Clark has threatened Will McArthur's life, isn't it? It is, isn't it? And those threats were recorded by White Earth police dispatch, weren't they? They were, weren't they? So Rivera would have access to that evidence, right? That's right, isn't it? And Rivera would have access to data that Will McArthur's accuser Lexie Jean Clark has recanted her statement against Will, wouldn't she? She would, wouldn't she? in fact, Lexie has said that Tiffany Clark put her up to making the false charges, hasn't she? She has, hasn't she?

Mahnomen County Attorney Julie Bruggeman said she's not the problem. She said crime victims don't cooperate with her office. She also questions whether tribal officials really want justice for all the people accused of a crime. Bruggeman accused tribal officials of wanting to pick and choose who is prosecuted based on tribal connections. "The tribe wants to not have equal rights. They want to have above the rights of anybody else," she said. "They want some people prosecuted and not others. So there's a fight between what they want and what they say they want." White Earth pushes for more control of law enforcement Issues by Dan Gunderson, MPR. October 13, 2010.

This provides a motive for Co. Attorney Rivera to illegally withhold the evidence from Will, doesn't it? It does, doesn't it?


In the cases of Paula Reyes (Mother - No. 44-CR-14-696) & Matthew Harding (Son - Case No. 44-CR-14-699) former White Earth Indian Child Welfare attorney and current Mahnomen Co. Attorney Darlene Rivera Spalla has also been conspiring with the White Earth Nation Police dept. to obstruct justice, haven't they? They have, haven't they?

Several candidates have requested endorsement from the Tribal Council. After discussion, the Council has agreed to endorse the following: Darlene Rivera, Mahnomen County Attorney. Anishinaabeg Today Wednesday, October 6, 2010 page 2

These are drug cases in the age of modern technology, aren't they? They are, aren't they? And in the age of technology you have mobile video recorders that document audio and video, don't you? You do, don't you?

White Earth Nation Director of Public Safety
Michael LaRoque #801 Interim mikel@whiteearth.com
White Earth Police Department
Dispatch - (218) 983-3281
Fax - (218) 983-3711

White Earth Nation Tribal Attorney Joe Plumer
(218) 983-4649 joep@whiteearth.com

Mahnomen Sheriff Doug Krier
PO Box 440, Mahnomen MN 56557
218-935-2255, fax: 218-935-5946
doug.krier@co.mahnomen.mn.us

Mahnomen Attorney Darlene Rivera Spalla
P.O. Box 439, Mahnomen Minnesota 56557
Phone: 218-935-2378 or 218-935-9221
Fax: 218-935-5540

What does a corrupt prosecutor and a corrupt police dept. say when they want to obstruct justice and rig the trial? Oh yeah! The K-9 ate the dash camera video, right? That's right, isn't it? That doesn't sound any more ridiculous than WEPD K-9 officer Jamie Allen suddenly and mysteriously finding a 3 inch drinking straw that trained observer Mahnomen Co Investigator Paul Osowksi supposedly overlooked, right? Trained observer Mahnomen Co Investigator Paul Osowksi supposedly missed spotting this 3 inch star during his extended conversation with Reyes at her car, right? That's right, isn't it? Sounds real suspicious, doesn't it? It does, doesn't it?


Did you know that the mobile video recorder in the modern squad that White Earth K-9 Officer Jamie Allen was assigned to suddenly and mysteriously stopped working? Of course, there is no proof to substantiate these wild and outrageous claims, is there?

446.2 DEPUTY RESPONSIBILITIES Deputies should test the MVR system operation in accordance with manufacturer specifications and consistent with training at the start of each shift. Testing includes:
(a) Remote audio transmitter is functional and has an adequate power source. (b) Connected to the recording equipment.
(c) The transmitter can remotely activate the system.
(d) The view of all cameras shall be free of obstruction.
(e) All camera lenses shall be operational.
(f) Camera facing intended direction.
(g) Recording mechanism capturing both audio and video information.
(h) System plays back both audio and video tracks. 
System documentation is accomplished by the deputy recording his/her name, serial, badge or PIN number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the deputy shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. Mobile Video Recorder Procedure, Policy 446 Koochiching County Sheriff's Office Policy Manual. Page 213-214.


Plus, the White Earth Police, who have a history of illegally withholding free electronic public data from me, willfully refuse to email me their policy and procedure manual to me, don't they?  They do, don't they?
Probably, because I was asking for the report and the audio of Tiffany Clark threatening the life of Will McArthur, right?


BCA Agency Deployment Report – White Earth Police
ORI: MNDI01900, County: Becker, Agency Type: Law Enforcement, Agency Name: White Earth Police Department, Module: DWI, Date Deployed: 10/11/2012, Last Adapter Used: eCharging


Probably, because the WEPD knows that I have evidence that the traffic stop for Paula Reyes (Mother - No. 44-CR-14-696) & Matthew Harding (Son - Case No. 44-CR-14-699) was illegal, right? That's right, isn't it?

If the traffic stop wasn't illegal, then why wouldn't the WEPD and Rivera shove the mobile video recorder data in to the face of Paula Reyes (Mother - No. 44-CR-14-696) & Matthew Harding (Son - Case No. 44-CR-14-699)? Right? The incriminating video really being illegally withheld, right? Why? To cover up the illegal search, right?
Oh, did I mention that the in-car camera for Mahnomen County Deputy Brandon Meyer did manage to record the audio/video statement of Aleemu Malik Adkins (Case no. 44-CR-14-701)? And Aleemu Malik Adkins is apparently testifying against Reyes and Harding, isn't he?

Case No. 44-CR-14-701 State of Minnesota vs Aleemu Malik Adkins
Case NumberCitation NumberDefendant InfoFiled/Location/Judicial OfficerType/Status
Charge(s)    Disposition/Level of Sentence
44-CR-14-701
Adkins, Aleemu Malik 05/21/1976
09/05/2014 Mahnomen Crim/Traf Mandatory Closed
Felon Convicted Crime of Violence - Firearm Violation (Not applicable - GOC)  Dismissed
Drugs - 4th Degree - Sale - Schedule 1, 2, 3 but Not Marijuana (Not applicable - GOC)   Dismissed
Charges: Adkins, Aleemu Malik Statute Level Date Disposition Level of Sentence 1.  Felon Convicted Crime of Violence - Firearm Violation (Not applicable - GOC)609.165.1b(a)Felony09/05/201412/12/2014 Dismissed2.  Drugs - 4th Degree - Sale - Schedule 1, 2, 3 but Not Marijuana (Not applicable - GOC)152.024.1(1)Felony09/05/201412/12/2014 Dismissed
DISPOSITIONS12/12/2014 
Disposition (Judicial Officer: Schieferdecker, Eric P.)
1. Felon Convicted Crime of Violence - Firearm Violation (Not applicable - GOC)
Dismissed
2. Drugs - 4th Degree - Sale - Schedule 1, 2, 3 but Not Marijuana (Not applicable - GOC) Dismissed


 He is, isn't he?

600.4 POTENTIALLY EXCULPATORY EVIDENCE OR FACTS
Deputies must include in their reports adequate reference to all material evidence and facts which are reasonably believed to be exculpatory to any individual in the case. If a deputy learns of potentially exculpatory information anytime after submission of the case, the deputy must notify the prosecutor as soon as practical.
Evidence or facts are considered material if there is a reasonable probability that they may impact the result of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. A deputy who is uncertain whether evidence or facts are material should address the issue with a supervisor. A copy of an entire case file should be sent to the appropriate prosecutor's office. However, supervisors uncertain about the materiality of evidence or facts should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the office case file. Koochiching County Sheriff's Office Policy Manual Investigation and Prosecution page 239



Amazing how White Earth Nation Police & Mahnomen Co. Attorney Darlene Rivera Spalla only manage to cough up evidence that proves you are guilty but not evidence that proves you are innocent or they followed proper procedure, huh? Sound like the trials are rigged in Mahnomen county, doesn't it? It does, doesn't it?


more to come . . .

Related Links:

Will Paula Reyes (Case No. 44-CR-14-696) & Matthew Harding (Case No. 44-CR-14-699) Get The Same Ineffective Assistance Of Counsel That Public Pretender Jessen Alexander Gave Chad Childress In Case No. 60-CR-13-2195? Al Rogalla, Pennington County Attorney Doesn't Want To Email Nemmers A Copy Of Special Prosecutor Richard Mollin's Appointment Of Special Assistant County Attorney For Case No. 57-CR-15-363 State of Minnesota vs Sally Ann Mumm? Rogalla Doesn't Want Proof That Clearwater Attorney Mollins Is Conspiring With Corrupt Clearwater Co. Sheriff Darin Halverson To Illegally Withhold Free Electronic Data From Nemmers? If Special Prosecutor Richard Mollin Is Conspiring To Illegally Withhold Public Data, Then How Can He Be Trusted To Prosecute Case No. 57-CR-15-363 State of Minnesota vs Sally Ann Mumm? Benton Co. Attorney Philip Miller To Report Rogalla?

Mahnomen County Attorney Darlene Rivera Victimizes William Ross McArthur In Her Lawless Land With Her Two Different Sets of Laws?

Lion News: Mahnomen Co. Rivera's Attorney Panics When Misconduct Reported - Case# 12000504?

Lion News: William McArthur - A Victim Of Mahnomen County Attorney Rivera's Injustice?

Lion News: Mahnomen County MN Tries To Derail Data Request For William Ross McArthur?

Lion News: Mahnomen Sheriff Doug Krier Plays Dumb On McArthur Data Request?

Lion News: Mahnomen's Indian Child Welfare - White Earth Nation Not Interested In Child Welfare?

Lion News: Criminal Misconduct = Mahnomen Sheriff Doug Krier + White Earth Police Dept.?

Lion News: Criminal Misconduct = Mahnomen Sheriff Doug Krier + White Earth Police Dept.? Part 2