State sanctions western Minnesota jail after unruly inmate deprived of food and water

posted in: Society | 0

The Minnesota Department of Corrections has penalized a county jail for depriving an inmate of food and water for more than two days as punishment after he smeared feces in his cell and refused to clean it up.

The department ordered the Otter Tail County Jail in Fergus Falls to transfer all current inmates to new facilities by the close of business Thursday. The jail will be allowed to keep new inmates no more than 72 hours, excluding holidays and weekends, until the state agency approves.

According to the department inspector general’s order, on Saturday, Feb. 10 the inmate threw feces on the inside of his cell door and smeared it on his cell window, and underneath his cell door into the jail’s dayroom area. Jail staff told him they weren’t going to feed him until he cleaned it up, but he refused.

Not only did jail employees withhold six straight meals from the inmate, the report said, he told an inspector that he was forced to drink toilet water and his own urine because the water to his cell was shut off. Jail staff saw him “ingesting his own feces” on the second day, a Sunday, according to the report. Staff documented that they saw him licking the feces off his cell window, and that he said it was because he was hungry.

But staff did not contact medical staff about his potential physical and mental health conditions until the following Tuesday. He also was denied a daily shower.

The order noted that state regulations strictly prohibit withholding food from detainees as punishment. It said the jail’s failure to comply “has contributed to conditions that have the potential to pose an imminent risk of life-threatening harm or serious physical injury to individuals confined or incarcerated in the facility if left uncorrected.”

Otter Tail County Sheriff Barry Fitzgibbons said in a statement Wednesday that his staff will follow the state’s orders.

“I sincerely regret this incident occurred,” Fitzgibbons said in a statement. “Otter Tail County Sheriff’s office is dedicated to preserving the safety and security of our staff and our inmates. We will work closely with the DOC to ensure the requirements outlined in their order are being implemented.”

The western Minnesota incident came to light Feb. 20 when the jail administrator contacted the Department of Corrections to self-report the staff actions and told the agency she had launched an internal investigation with the help of local law firm. The department decided it would also conduct its own review.

The inmate, whose name was not released, was transferred to a jail in a neighboring county. The reason he was being held was not detailed in the order, except “he had disciplinary time left to serve from a previous term of incarceration.”

The sheriff’s statement did not dispute the state’s findings. His office did not immediately respond to follow-up messages on whether any staff had been disciplined, why the inmate was being held and whether he had mental health issues.

Corrections officials ordered refresher and remedial training for jail staff, including on proper supervision of inmates, inmate rights and recognizing the signs of mental illness.

Restoration of the jail’s license to resume normal operations will depend on the completion of all corrective actions ordered and assurance that a plan has been created to prevent such an incident from happening again, the order said.

Related Articles

Crime & Public Safety |


State Supreme Court reverses additional conviction in slaying of Minneapolis real estate agent

Crime & Public Safety |


Lakeville dance teacher charged with sexually assaulting teen student

Crime & Public Safety |


Autopsy: Willmar man died of head injury after being shocked with Taser during eviction attempt

Crime & Public Safety |


What’s behind the push for MN to take over Hennepin County trooper murder case?

Crime & Public Safety |


Charges: Timberwolves employee stole high-ranking team official’s hard drive containing personal and work information

Jury convicts former Milwaukee election official of obtaining fake absentee ballots

posted in: Politics | 0

A jury found a former Milwaukee election official accused of obtaining fake absentee ballots guilty Wednesday of misconduct in office and fraud, rejecting her arguments that she was trying to expose vulnerabilities in the state’s election system.

Prosecutors charged Kimberly Zapata in November 2022 with one felony count of misconduct in public office and three misdemeanor counts of election fraud. The jury found her guilty in Milwaukee County Circuit Court on all four counts after starting deliberations Wednesday morning.

Zapata faces up to five years behind bars when she’s sentenced on May 2.

Zapata was serving as deputy director at the Milwaukee Election Commission in October 2022 when she used her work-issued laptop to obtain three military absentee ballots using fake names and Social Security numbers, according to a criminal complaint. She sent the ballots to Republican state Rep. Janel Brandtjen, an election conspiracy theorist, two weeks before the state’s gubernatorial and legislative elections.

Brandtjen has advocated for decertifying President Joe Biden’s 2020 win in Wisconsin and has espoused conspiracy theories supporting her position.

Active military personnel do not have to register to vote or provide photo identification to obtain absentee ballots in Wisconsin. Zapata told investigators that she was stressed over death threats commission staff had been receiving from election conspiracy theorists and she wanted to shift their attention to real flaws in the system.

Her attorney, Daniel Adams, had argued during a two-day trial that Zapata saw herself as a whistleblower and didn’t mean to hurt anyone. Assistant District Attorney Matthew Westphal countered that Zapata went rogue and broke the law rather than sharing her concerns with state election officials, reporters or legislators.

“She is not a whistleblower. She’s not exposing information. She’s committing election fraud,” Westphal said during his closing arguments Wednesday morning. “As a society we cannot tolerate people who break the law when there are multiple legitimate means to raise those same concerns.”

Adams declined to comment through a receptionist at his law office after the verdicts were handed down.

The case against Zapata mirrors one against Harry Wait, a Racine man who requested and received absentee ballots in the names of legislators and local officials in July. Wait also said he wanted to expose vulnerabilities in the state’s elections system. He faces up to 13 years in prison if convicted on two misdemeanor counts of election fraud and two felony counts of identity theft.

Milwaukee, home to the largest number of Democrats in Wisconsin, has been a target for complaints from former President Donald Trump and his supporters, who made unsubstantiated claims of widespread voter fraud to attack Biden’s 2020 victory.

Heading into the state’s April 2 presidential primary, Wisconsin is once again one of a few battleground states crucial for both sides in the November presidential election.

Brandtjen faces her own legal troubles. The Wisconsin Ethics Commission last month recommended felony charges against Brandtjen and a fundraising committee for Trump, accusing them of efforts to evade campaign finance laws during an attempt to unseat GOP Assembly Speaker Robin Vos.

Related Articles

Local News |


Governor signs bills creating electric vehicle charging station network across Wisconsin

Local News |


Wisconsin GOP leader calls the Trump supporters trying to oust him ‘whack jobs and morons’

Local News |


Wisconsin state boys basketball: Top-ranked Milwaukee St. Thomas More pulls away from Prescott in second half

Local News |


Missing Washington County woman found dead in Wisconsin state park

Local News |


Hudson chooses finalists for city administrator job

State Supreme Court reverses additional conviction in slaying of Minneapolis real estate agent

posted in: News | 0

The Minnesota Supreme Court on Wednesday reversed the convictions of the alleged ringleader of a plot to kidnap and kill a Minneapolis real estate agent, marking the second time the high court has ordered a new trial for a defendant convicted in her death.

The justices said that the trial judge gave the jury erroneous legal instructions on the liability of accomplices that might have affected its findings that Lyndon Akeem Wiggins was guilty of first-degree premeditated murder, kidnapping and other counts in the New Year’s Eve 2019 killing of Monique Baugh.

The Supreme Court in January also cited faulty jury instructions when it threw out the convictions of Elsa Segura, a former probation officer. Prosecutors say Segura lured Baugh to a phony home showing in suburban Maple Grove, where she was kidnapped.

Baugh was found shot to death in a Minneapolis alley in the early hours of 2020. Prosecutors said she was killed in a complicated scheme aimed at getting revenge against Baugh’s boyfriend, Jon Mitchell-Momoh, a recording artist who had a falling-out with Wiggins, a former music business associate of his, who was also a drug dealer. Baugh’s boyfriend, whom Wiggins allegedly considered a snitch, was also shot but survived.

The Supreme Court earlier affirmed the convictions of two other defendants who were accused of kidnapping Baugh. Hennepin County District Judge Peter Cahill sentenced all four to life in prison without the possibility of parole.

In its ruling Wednesday, the Supreme Court said the jury instructions for both Wiggins and Baugh, who got separate trials, misstated the law on accomplice liability because the instructions did not specifically require the jury to find either one criminally liable for someone else’s actions in order to find them guilty.

“The error was not harmless because it cannot be said beyond a reasonable doubt that the error had no significant impact on the verdict,” the justices wrote. The court ordered a new trial.

However, the justices rejected Wiggins’ argument the search warrant for his cellphone lacked probable cause.

Related Articles

Crime & Public Safety |


State sanctions western Minnesota jail after unruly inmate deprived of food and water

Crime & Public Safety |


Lakeville dance teacher charged with sexually assaulting teen student

Crime & Public Safety |


Autopsy: Willmar man died of head injury after being shocked with Taser during eviction attempt

Crime & Public Safety |


What’s behind the push for MN to take over Hennepin County trooper murder case?

Crime & Public Safety |


Charges: Timberwolves employee stole high-ranking team official’s hard drive containing personal and work information

Governor signs bills creating electric vehicle charging station network across Wisconsin

posted in: News | 0

Wisconsin Gov. Tony Evers signed bipartisan bills Wednesday designed to jump-start creation of an electric vehicle charging network along the state’s interstate system and major highways.

The new laws free up nearly $80 million in federal construction aid and makes it easier for gas stations, convenience stores and other businesses to operate the electric vehicle charging stations. The measures were backed by businesses and environmentalists alike and cheered as a way for Wisconsin to expand its electric vehicle charging network.

The funding is designed to support Level 3 charging stations, which will allow for passenger electric vehicles to be recharged in less than an hour. Lower level chargers are designed to recharge a vehicle overnight or throughout the day.

Federal guidance calls for stations no more than 50 miles apart.

“Electric vehicle drivers in Wisconsin will soon be able to travel about 85 percent of our state highway system and never be more than 25 miles away from a charger,” Wisconsin Transportation Secretary Craig Thompson said in a statement Wednesday.

Wisconsin currently has nearly 580 publicly accessible electric vehicle charging stations. The state Department of Transportation has said it expects to use the $78.7 million in federal grants to support building 65 high-speed charging stations in key corridors using the federal funding unlocked through enactment of the new laws.

One bill Evers signed allows for the creation of an EV infrastructure program to help businesses construct charging stations over the next five years. The grants would cover up to 80% of costs; grant recipients would have to put up the remaining 20%.

The funding was part of $7.5 billion included in the 2021 infrastructure law passed to meet President Joe Biden’s goal to build a national network of 500,000 publicly available chargers by 2030. The charging ports are a key part of Biden’s effort to encourage drivers to move away from gasoline-powered cars and trucks that contribute to global warming.

But progress on the network has been slow. Ohio and New York are the only states that have opened charging stations under the National Electric Vehicle Infrastructure program. As of mid-January, a total of 28 states, plus Puerto Rico, have either awarded contracts to build chargers or have accepted bids to do so.

EV charging stations must charge customers by the amount of electricity used, known as a kilowatt-hour. Selling by the killowatt-hour is similar to fueling a vehicle with gasoline.

Wisconsin law only allows utilities to charge per kilowatt-hour. That means any business that wanted to offer a charging station would have to be regulated as a utility.

In order to access the federal money, an exemption to that law was needed. The bill Evers signed allows private businesses to sell electricity at the charging stations by kilowatt-hour and not be regulated as a utility.

Users of the charging stations would be charged a 3-cent-per-kilowatt-hour tax. Local government entities and state agencies would not be allowed to operate public charging stations but could run their own stations to charge their vehicles.

“We don’t have to choose between protecting our environment and natural resources or creating good-paying jobs and infrastructure to meet the needs of a 21st-Century economy — in Wisconsin, we’re doing both,” Evers said in a statement.

Related Articles

Local News |


Jury convicts former Milwaukee election official of obtaining fake absentee ballots

Local News |


Wisconsin GOP leader calls the Trump supporters trying to oust him ‘whack jobs and morons’

Local News |


Wisconsin state boys basketball: Top-ranked Milwaukee St. Thomas More pulls away from Prescott in second half

Local News |


Missing Washington County woman found dead in Wisconsin state park

Local News |


Hudson chooses finalists for city administrator job