Carlton County Attorney Finally Responds to Investigation Request

I initially reported about Trespassing without consequence on this blog Monday, February 20, 2012.  Today, July 20, 2012, I finally got a response.  Here it is:

From: Annette.Johnson@co.carlton.mn.us
To: marvindp@msn.com; commishkabob@mediacombb.net; commissioner@proulxs.net; mbodie@cpinternet.com; Thom.Pertler@co.carlton.mn.us; attorney.general@state.mn.us
Subject: RE: Pertler and Trespassing Charges
Date: Fri, 20 Jul 2012 20:02:03 +0000


Mr. Pirila,

In Mr. Pertler’s absence I felt I should respond to your email. I want to stress that our office has certainly not ignored your requests over the past years. Our office received Chief Foldesi’s investigation concerning the alleged trespassing in July of 2010. After review of the case by several attorneys in this office, it was determined there was insufficient evidence to proceed with criminal charges. Upon your insistence, the case was once again reopened in August of 2010. After much research by Mr. Dennis Genereau (an Assistant County Attorney during this time), an extensive letter was written to Chief Foldesi in August 2011, requesting additional follow-up investigation be done and submitted to our office for further review for possible criminal charges. Since Chief Foldesi felt there was a conflict for him to do any further investigation, he referred the file to Investigator Russ Rule of the Fond du Lac Police Department on September 20, 2011. Throughout the months that followed we were in contact several times with the Fond du Lac Police Department requesting they send us their follow up as soon as possible. On March 23, 2012, a letter was written to Investigator Rule again requesting the follow up. To date we have yet to hear anything further regarding this matter. Without this information I do not believe any of our attorneys will issue any criminal charges. I can only tell you, once again I will request this information from the FDL Police.

On the other hand, I must comment on your uncalled for remarks concerning Mr. Pertler. I have worked in the County Attorney’s Office since 1978, and have worked for three County Attorneys, all of which I have had and still have the utmost respect for. I know the fine work he is capable of and simply because someone does not agree with a decision that is rendered on a particular case they are involved in, does not mean we are not doing our jobs. Working with the public is never easy.

Annette M. Johnson
Sr. Office Manager
Carlton County Attorney's Office
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The truth:

Ms. Johnson,

I have not received a single piece of your message on a prior occasion. Where was it and why weren't we kept in the loop in the least? I would interpret that as being ignored. The claim that there is insufficient evidence is outrageous and negligent. We have their admissions, two eye witnesses, and letters. If this isn't evidence there is no such thing. How exactly do you and the Carlton County legal department define evidence? This was concrete, yet your office failed as far as we can see to do a single thing. This should have been referred to St. Louis County because of the various affiliations between Thomson Township officials and your department. You have confirmed my claims that this is purely political gamesmanship and protection of the "good ole boy club." Mr. Foldesi, Mr. Pertler claimed, excused himself because of being "uncomfortable" with the case. I would like to see any record of any "real" investigation. I didn't hear of the eyewitnesses being questioned, we were never contacted, and no follow-up of any kind occurred.

We did not receive a decision of any kind, so how can we either agree or disagree with it. This omission is simply egregious in itself. I personally won't hold any person in the utmost respect given the controversy and law-breaking antics of Mr. Pertler. You may say what you did out of blind loyalty, peer pressure, or self-preservation, but the fact is that nothing was done.

I am requesting a full record of your "claimed investigation."

This investigation was a sham and this defense of Mr. Pertler meritless. Mr. Pertler ought to spend more time getting work done on the behalf of law instead of running drunk and recklessly throughout the community.

Carlton County has failed its responsibility to protect private property interests in the favor of taking care of their own.

When was your team going to tell us you weren't pursuing this? Ever? Sickening.

I will seek a congressional investigation.

 A disgusted private citizen,

Marvin Pirila