A Northside Tribute To The Minneapolis Fire Department...

Photo by John Hoff or Megan Goodmundson, blog post by John Hoff

From the other side of the world, Megan Goodmundson drew my attention to this photo taken the night of a house fire at 2031 Queen Ave. N.

Recently, Megan was flipping through her computer and came across this photo. Neither of us realized what an eerie, compelling image we had captured of the dedication of these Minneapolis Fire Department personnel. (To get a bigger view of the image, click on the image)

Due to the fact we repeatedly swapped Megan's camera back and forth that night, neither of us can be sure who took the picture.

In Minneapolis, firemen not only fight fires but board buildings, perform some of the multi-unit housing inspections, water newly-planted trees, act as medical first responders and, above and beyond all that, the Northside fire station on Lowry and Morgan has a "green roof."

Megan tells me if any of the firefighters in the photo would like an actual glossy copy of this photo, she can take care of that...she just needs their names and contact info.

We know folks at City Hall read this blog so hint hint.

(Do Not Click "Read More")

Dear North End Hardware, THANK YOU FOR THE T-SHIRT

Photo by a comrade-in-arms, blog post by John Hoff


My friend Megan Goodmundson tried to buy a shirt for me at North End Hardware, but it turned out her money was no good. North End Hardware GAVE her the shirt, which Megan mailed to me here in Afghanistan in a care package.

One really cool aspect of the shirt is...


...it's the exact same brown as an army issue t-shirt, and the collar is similar. So I can wear it under my uniform as a spare when my army t-shirts are at the laundry. I can also wear it at night, on guard duty, as an extra layer under my thermal shirt. That way I can tell myself, "If I go down, at least they'll know I was Johnny Northside to the end." I can also wear the shirt to bed, since no particular "bed uniform" is required. Except at night, in bed, we are always in uniform. And, for that matter, always armed.

As much as I love this shirt, when I leave this country some months from now I won't be bringing the shirt home. Rather, some Afghan will end up wearing it. They simply don't have enough warm clothes, so they are happy to "layer up" with several secondhand American t-shirts.

Heck, I'm sure more than a few Afghan babies in the nearby village use brown Post Exchange (PX) towels for baby blankets.

However, I really really love the shirt. So, North End Hardware, be assured that I will wear it and wear it and then, hopefully, I will get a picture of the Afghan who ultimately inherits it when it's very nearly worn out.

Digging For Details At A Fatal Fire, 1426 Barnes Place...

Artsy stock photo, blog post by John Hoff

Dakota County mugshot, therefore public domain, whether this is the same Sergio Marquez Geuvara is unconfirmed


Though I've lived in North Minneapolis for a good while, now, I'd never heard of a street called "Barnes Place." Recently, there was a fire at 1426 Barnes Pl. and a man died there.

(Interestingly, a Star Tribune story described the fire as being on the "1400 block of Barnes Place," but then the photo accompanying the story clearly identified it as "1426 Barnes Place." I guess the quaint "dead tree media" artifice of identifying crime and tragedy scenes by block number is starting to show some cracks at the Star Tribune)

Trying to dig up information about the property and who might have died there, I looked at the city's property records...


The house at 1426 Barnes Pl. is owned by Alice Cerventes, but appears to be controlled by a "special needs" trust. It's been on the "vacant and boarded" list since 3/23/2010.

Despite the fact it's been vacant since March of 2010, as recently as August 3 of this year somebody was using the property as their official address. I found this out by searching the address and seeing my own jail roster posting pop up.

(I must say, lately I've been having great luck with my jail roster "data preservation" when I search a name or address on Google. It's like the roster has reached a kind of "critical mass" and nuggets within the massive bolus of data have achieved a high degree of relevance)

Well, here's what turned up:

2011020487 MARQUEZ-GUEVARA, SERGIO.NMN 6/6/1965 1426 BARNES PLACE, MINNEAPOLIS, MN 55411 8/3/2011.10:31

It's old data, so I'm not sure what he was charged with.

An individual with the same name turns up on the Dakota County jail website which has mug shots. (So informative! We should get that in Hennepin County) "Sergio Marquez Guevara" was charged with driving after revocation on September 30 of this year. However, maddeningly, the space for "date of birth" has been left blank. Thus, the key piece of info which could link one Sergio Marquez Guevara to the other can't be located.

However, the mugshot looks like somebody who may have been born in 1965. Furthermore, note the hair and the odd mark on the face. Sure looks like somebody who might sleep in a vacant house. Also, the former owner of the house had a Hispanic surname. So does this guy. It may be he was squatting at the house but had a semi-valid claim for being there. Like it was his sister's old place.

That is to say...

IF this was the guy killed at the house. That's totally unconfirmed.

It would be something, though, if this mystery of identity could be solved all the way from a mud, straw and goat poo fortress in Afghanistan, with nothing more than information left laying around the internet.

Take that, Star Tribune, and your not-quite-satisfying "block number journalism."

Criminal Record Of Demien NMN Hebert, Arrested At 2654 Morgan Ave. N...

Stock photo, police raid, (not 2654 Morgan Ave. N.) blog post by John Hoff



After learning the two criminal "no accounts" arrested in the August 17 raid on 2654 Morgan Ave. N. were still rotting in jail, I decided to dig more deeply into their criminal records.

Well, as for Jonathon Galas, I can find no criminal record. That doesn't mean he lacks one, it just means I can't find one.

As for Demian NMN Hebert, she has quite the driving problem...


It would appear that, long ago, Hebert said to herself, "I'm going to drive whenever I want, legal or not, and if I pay a price for it, so be it."

AND THEN she added to herself, "Hey, if I get pulled over I can always give a fake name."

(Then, under her breath)

"Especially if I'm high."

Here's all the stuff she's been charged with over the years:

27-CR-92-098941
HEBERT, DEMIAN
05/06/1974
12/28/1992
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
DRIVING W/O INSURANCE
DISPLAY INSURANCE CARD NOT IN FORCE

62-K8-93-001554
HEBERT, DEMIAN
05/06/1974
06/23/1993
Ramsey Criminal/Traffic/Petty Downtown
Misdemeanor
Converted Closed
(TCIS Amended Charge) Crime/Adm of Justice/Mi
DRIVE AFTER REVOCATION
NO INSURANCE
CARELESS DRIVING
POSS ANOTHER DL

27-CR-96-067836
HEBERT, DEMIAN
05/06/1974
08/09/1996
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
DRIVING AFTER CANCELLATION
USE NAME/D.O.B. OF ANOTHER

27-CR-98-074065
HEBERT, DEMIAN
05/06/1974
07/23/1998
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
GIVE FALSE NAME TO POLICE
FALSE IDENTIFICATION
DRIVING AFTER CANCELLATION

27-CR-98-110364
HEBERT, DEMIAN
05/06/1974
11/02/1998
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
FALSE INFORMATION TO POLICE

62-K1-99-000792
HEBERT, DEMIAN
05/06/1974
03/17/1999
Ramsey Criminal/Traffic/Petty Downtown
Gross Misdemeanor
Converted Closed
FALSE NAME TO POLICE ANOT
DAS
CARELESS DRIVING
VIOL BASIC SPEED

27-CR-00-005591
HEBERT, DEMIAN
05/06/1974
01/06/2000
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
THEFT

82-T8-00-016849
CG 186991
HEBERT, DEMIAN
05/06/1974
06/26/2000
- Washington-Cottage Grove
Moving - Misdemeanor
Converted Closed
DAC

27-CR-00-085414
HEBERT, DEMIAN
05/06/1974
09/07/2000
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
THEFT
FALSE INFORMATION TO POLICE

27-CR-01-007389
HEBERT, DEMIAN
05/06/1974
01/24/2001
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
FALSE INFORMATION TO POLICE
DRIVING AFTER CANCELLATION

27-CR-01-017739
1001602943
1001602950
HEBERT, DEMIAN
05/06/1974
03/02/2001
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
CARELESS DRIVING
DRIVING AFTER CANCELLATION

82-T7-01-008493
CG 192549
HEBERT, DEMIAN
05/06/1974
03/30/2001
- Washington-Stillwater
Moving - Misdemeanor
Converted Closed
D.A.R.

62-T3-01-637054
901141936
HEBERT, DEMIAN
05/06/1974
09/25/2001
Ramsey Criminal/Traffic/Petty Suburban
Moving - Misdemeanor
Converted Closed
DAC

27-CR-01-086011
HEBERT, DEMIAN
05/06/1974
10/17/2001
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
DRIVING AFTER CANCELLATION

70-2001-24019
0043546
HEBERT, DEMIAN
05/06/1974
12/05/2001
Scott
Moving - Misdemeanor
Closed-Physical File Destroyed
DRIVING AFTER CANCELATION

19-K2-01-003683
HEBERT, DEMIAN
05/06/1974
12/06/2001
Dakota-Hastings - Criminal/Traffic/Petty
Felony
Converted Closed
CONTR SUBST CR 5TH DEG

19-K8-02-003276
HEBERT, DEMIAN
05/06/1974
10/15/2002
Dakota-Hastings - Criminal/Traffic/Petty
Felony
Converted Closed
CONTR SUBST CRIME 5TH DEG

19-T1-02-034062
PH 007953
PH 007953
HEBERT, DEMIAN
05/06/1974
10/31/2002
- Dakota-West St. Paul
Moving - Misdemeanor
Closed-Physical File Destroyed
DAC
EXCEED SPEED LIMIT

27-CR-02-091154
1021345051
HEBERT, DEMIAN
05/06/1974
11/13/2002
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
DRIVING AFTER CANCELLATION

27-CR-03-000472
4020111300
4020111318
HEBERT, DEMIAN
05/06/1974
01/02/2003
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
DRIVING AFTER CANCELLATION
FAIL TO YIELD TO AN EMERGENCY VEHIC

19-T7-03-062734
A5 542052
A5 542052
HEBERT, DEMIAN
05/06/1974
05/02/2003
- Dakota-Apple Valley
Moving - Misdemeanor
Converted Closed
DAC
FALSE INFO TO POLICE

27-CR-03-050541
4030547949
4030547949
HEBERT, DEMIAN
05/06/1974
07/23/2003
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
DRIVING AFTER CANCELLATION
ILLEGAL USE OF LICENSE PLATE

19-T8-03-073970
RE 001602
RE 001602
HEBERT, DEMIAN
05/06/1974
08/20/2003
- Dakota-Apple Valley
Moving - Misdemeanor
Converted Closed
DAC
NO PROOF INSURANCE

19-T9-03-081611
FC03081611
FC03081611
FC03081611
HEBERT, DEMIAN
05/06/1974
10/27/2003
- Dakota-Apple Valley
Non- Traffic Misdemeanor
Converted Closed
FALSE INFO TO OFFICER
Traffic-Drivers License-Driving After Cancellation
NO PROOF INS/OPERATE

19-K5-06-000957
HEBERT, DEMIAN
05/06/1974
03/21/2006
Dakota-Hastings - Criminal/Traffic/Petty
Felony
Under Court Jurisdiction
(TCIS Amended Charge) RECEIVING STOLEN PROPERTY
FALSE INFO PEACE OFFICER

70-CR-07-26283
HEBERT, DEMIAN
05/06/1974
10/26/2007
Scott
Crim/Traf Mandatory
Open
Fleeing a Peace Officer in a Motor Vehicle
Traffic-Drivers License-Driving After Cancellation
Traffic-Drivers License-Driving After Revocation

62-TX-08-009077
708004175
708004175
708004175
708004175
HEBERT, DEMIAN
05/06/1974
03/26/2008
Ramsey Criminal/Traffic/Petty Downtown
Non- Traffic Misdemeanor
Closed
Traffic - Speeding - Exceed Limit
Traffic-Drivers License-Driving After Cancellation
Drivers' Licenses - Operate Motor Vehicle after License Suspension/Revocation/Cancellation
Traffic Regulation - Driver Must Carry Proof of Insurance when Operating Vehicle;Misd

27-CR-08-62850
HEBERT, DEMIAN
05/06/1974
12/09/2008
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Under Court Jurisdiction
False Name and DOB
Obstruction of Legal Process
Driving After Cancellation

19AV-CR-09-10241
LA09002087
LA09002087
LA09002087
HEBERT, DEMIAN
05/06/1974
04/27/2009
- Dakota-Apple Valley
Crim/Traf Mandatory
Under Court Jurisdiction
SPEED-EXCEED POSTED SPEED SET BY COMMISSIONER(169-14-4) 37/30
DL-DRIVING AFTER CANCELLATION(171-24-3)
INS-FAIL TO PRODUCE PROOF OF INSURANCE - WHETHER OR NOT THE OWNER(169-791-2)

27-CR-09-25087
HEBERT, DEMIAN
05/06/1974
05/20/2009
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Under Court Jurisdiction
Drivers' Licenses - No Drivers License in Possession

19WS-VB-09-18962
3452545
3452545
3452545
HEBERT, DEMIAN
05/06/1974
09/16/2009
- Dakota-West St. Paul
Crim/Traf Non-Mand
Closed
Traffic - Speeding - Exceed Limit 44/35
Traffic-Drivers License-Driving After Cancellation
Traffic Regulation - Driver Must Carry Proof of Insurance when Operating Vehicle

To the fine men and women who work at the Hennepin County Jail: Thank you for keeping this girl off the streets.

Literally.

Like, the streets where people have to DRIVE.

Trying To Dig Up New Info About Ryan D. Krutzig, Who Committed Mortgage Fraud In North Minneapolis...

Stock image from god-knows-where on internet, blog post by John Hoff

 The mainstream media has dozens, no, maybe HUNDREDS of stories about Ryan D. Krutzig who, along with a guy named Jesse Scott Hoffman, committed mortgage fraud in North Minneapolis. The cherry on their sundae of fraud was to sell a house on the 3600 block of Bryant Ave. N. (18 blocks from my house) for $209,000. That's a ridiculous price for that block, even in the middle of a real estate bubble.

Here's the original FBI press release about Krutzig's indictment, click here.

Here's an example of one of the news stories from mid-November of this year, discussing Krutzig's guilty plea, click here.

This story, and numerous similar stories, all seem to be written off the same script, probably a news release about the guilty plea. One might search Google and find scores of stories, all with the same information, few adding any new details. The one detail I'd really like?

Um, what's the address of this house? As a resident of Bryant Ave. N., I'd sure like to know what a $209,000 house looks like on that block of Bryant Ave. N. So, I mean, how about a PDF of the original criminal complaint, so I can look through all these details?

So far, I haven't been able to turn up the address of the house. I have, however, found an address for Krutzig in Maple Grove and his relatively minor criminal record.

The address in Maple Grove is...


...7880 Yucca Ln N. Here's a link to the Hennepin County tax info, click here.


Krutzig's criminal record, obtained from the Minnesota courts website, is relatively minor, as follows:

73-T0-00-014389
ST 293471
ST 293471
KRUTZIG, RYAN DARYL
01/17/1980
10/17/2000
Stearns
Non- Traffic Misdemeanor
Converted Closed
OPEN CONTAINER ON STREET
MINOR POSSESSION

72-T0-04-000718
ARL 004952
ARL 004952
KRUTZIG, RYAN DARYL
01/11/1980
04/12/2004
Sibley
Speeding-Petty Misd
Converted Closed
75/55
NO CURRENT REGISTRATION

27-CR-09-17535
KRUTZIG, RYAN DARYL
01/17/1980
04/08/2009
Hennepin Criminal/Traffic/Petty Ridgedale
Crim/Traf Mandatory
Under Court Jurisdiction
TAMPER WITH MOTOR VEHICLE/ENTER W/O OWNER PERMISSION
OBSTRUCT LEGAL PROCESS-INTERFERE W/PEACE OFFICER

27-CR-09-30687
KRUTZIG, RYAN DARYL
01/17/1980
06/21/2009
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Under Court Jurisdiction
TAMPER WITH MOTOR VEHICLE-RIDE IN/ON-W/O OW

I am unable to obtain the results of these charges at the moment due to server issues here in Afghanistan. Same with Jesse Scott Hoffman's record which, again, is pretty minor.

27-CR-99-067919
3990078176
3990078168
HOFFMAN, JESSE SCOTT
06/06/1979
07/12/1999
Hennepin Criminal/Traffic/Petty Ridgedale
Crim/Traf Mandatory
Closed
OPEN BOTTLE POSSESSION- PASS
CONSUME LIQ/BEER BY MINOR
86-VB-09-276
WC305310

HOFFMAN, JESSE SCOTT
06/06/1979
01/16/2009
Wright
Crim/Traf Non-Mand
Closed
Parking Ordinance - seasonal parking violation

73-VB-10-7744
ST530367
HOFFMAN, JESSE SCOTT
06/06/1979
07/01/2010
Stearns
Crim/Traf Non-Mand
Closed
Traffic Regulation - Seat Belt Required - Driver and P

I'd sure love to know what a $209,000 house looks like on the 3600 block of Bryant Ave. N. Well, if I keep digging...maybe I will get lucky, sooner or later. Lord knows I can't depend on the mainstream media to provide the nitty gritty details that I, as somebody who lives RIGHT NEAR THE FREAKING HOUSE IN QUESTION, would like to know.

Drugs, Weapons, Burglary Charges For Two Residents Of 2654 Morgan Ave. N. (These Two "No Accounts" Have Been Sitting In Jail Since August 17)

Contributed photo, blog post by John Hoff

First, a more important and pressing topic: check out Megan Goodmundson's recent blog post, click here, about how the old "Petro Stop" gas station sign is for sale "to a good home." 

Moving on, now, to the more scuzzy neighborhood news which I find it necessary to publish as North Minneapolis fights and claws its way to urban utopia...

After an anonymous commenter made some (baseless and shallow) criticisms of an old blog post about a police raid at 2654 Morgan Ave. N., I began digging to see if I could find out more information about what's going on at that troublesome address.

Lately, I've figured out a nifty trick. I plug in a North Minneapolis street address on Google and also the word "roster." If somebody has been arrested who lists that address as home AND the info has been captured in my periodic jailhouse roster postings, then up pops my own "roster" blog post in the search.

As Hawthorne Housing Director Jeff Skrenes once put it so well, our NoMi blogs are not just media but "searchable repositories of neighborhood knowledge."

Well, even when my roster came up in the search, I had a little bit of difficulty finding the cached information. I knew SOMEBODY had been arrested at that house on or about August 17, (the day of my blog posting) and their middle name was "Scott," but the info (truncated on my Google search) was buried amid the names of THOUSANDS of denizens of the jail who were captured in that particular posting about the roster. And my little searchy-text-doodle function wasn't working right.

Hoping for some dumb luck, I went to the jail website and searched for the names of anybody "received by" the jail on August 17. If the charges were very serious, and that person didn't make bail, I knew they might still be in jail and therefore on the CURRENT roster.

It was a shot in the dark hoping for dumb luck, I thought, but worth a try...


Well, like putting a nickel in a slot machine and seeing four cherries appear, my luck was unusually good.

Jonathon Scott Galas and Demian NMN Hebert were arrested on August 17, 2011 in the raid reported here on Johnny Northside Dot Com. They remain in the jail this very moment, unable to make bail, on drugs and weapons charges.

Behold.

JONATHON SCOTT GALAS, born 5/3/1970, charges as follows:

1/1 DRUGS - 5TH DEGREE - POSSESS SCHEDULE 1,2,3,4 - NOT SMALL AMOUNT MARIJUANA MINNEAPOLIS PD ARREST AND DETENTION FELONY $0
BAIL SET BY DC 12/13/2011..09:00

2/1 TRESPASS-OCCUPY/ENTER DWELLING/LOCKED/POSTED BUILD MINNEAPOLIS PD BENCH WARRANT MISD $0
NBR BY DC 12/13/2011..09:00

3/1 OTHER COUNTY/FELONY DAKOTA CO SO HOLD FELONY $0
HOLD W/O BAIL ..

4/1 WEAPONS HCSO PROBABLE CAUSE PROB CAUSE FORMALLY CHARGED $100,000
BAIL SET BY DC 12/13/2011..09:00

4/2 POSSESS PISTOL/ASSAULT WEAPON-CONVICTION OR ADJUDICATED DELINQUENT FOR CRIME OF VIOLENCE HCSO PROBABLE CAUSE FELONY $0
12/13/2011..09:00

5/1 THEFT-TAKE/USE/TRANSFER MOVABLE PROP-NO CONSENT ST. ANTHONY PD WARRANT FELONY $0
NBR BY DC 12/13/2011..09:00

5/2 BURGLARY-3RD DEG-STEAL/COMMIT FELONY OR GROSS MISD ST. ANTHONY PD WARRANT FELONY $0
12/13/2011..09:00

DEMIAN "CAN'T AFFORD A MIDDLE NAME" HEBERT, born 5/6/1974, charged as follows:

1/1 WEAPONS HCSO PROBABLE CAUSE PROB CAUSE FORMALLY CHARGED $2,000
BAIL SET BY DC 12/1/2011..08:30

1/2 POSSESS PISTOL/ASSAULT WEAPON-CONVICTION OR ADJUDICATED DELINQUENT FOR CRIME OF VIOLENCE HCSO PROBABLE CAUSE FELONY CASE DISMISSED $0
12/1/2011..08:30

1/3 DRUGS - 5TH DEGREE - POSSESS SCHEDULE 1,2,3,4 - NOT SMALL AMOUNT MARIJUANA HCSO PROBABLE CAUSE FELONY BOND AND CONDITIONAL RELEASE $0
BOND POSTED JAIL 12/1/2011..08:30

In addition to Jonathon Scott Galas and Demian Hebert, there are three other individuals who were arrested on August 17 and still remain in jail pending bail. Their home addresses are NOT 2654 Morgan Ave. N.

It is unknown if these folks were picked up in the same raid and simply have different addresses. Since the two suspects who list their address as 2654 Morgan Ave. N. were booked around 8 in the morning, and these other folks were booked three hours later and TWELVE hours later, I don't think they were part of the raid on 2654 Morgan Ave. N.

It is, however, their bad luck to share interesting similarities with Galas and Hebert, enough for me to throw their info into this blog post "for the hell of it."

DEONDRE LESHAWN BISHOP, 6/2/1985, lists home address as 2638 James Ave. N. (That's really not far from the raid)

Charged as follows:

1/1 EMERGENCY TELEPHONE CALLS/COMMUNICINTERFERE WITH 911 CALL MINNEAPOLIS PD ARREST AND DETENTION GROSS MISD $0
HWB BY DC 1/23/2012..08:30

2/1 POSSESS PISTOL/ASSAULT WEAPON-CONVICTION OR ADJUDICATED DELINQUENT FOR CRIME OF VIOLENCE MINNEAPOLIS PD WARRANT FELONY $0
HWB BY DC 1/23/2012..08:30

2/2 COUNTERFEITING OF CURRENCY - UTTERING OR POSSESSING MINNEAPOLIS PD WARRANT FELONY $0
1/23/2012..08:30

RODNEY FREDERICK CHANEY, lists address as 1010 Currie, which is some kind of shelter that comes up all the time on the roster. Charged with sex crimes. I'm sure this guy was NOT part of the raid. But he's a scum bucket, so what the heck? Here's his info.

1/1 CRIMINAL SEXUAL CONDUCT MINNEAPOLIS PD PROBABLE CAUSE PROB CAUSE FORMALLY CHARGED $50,000
BAIL SET BY DC 12/16/2011..13:30

1/2 CRIMINAL SEX CONDUCT-2ND DEGREE-VICTIM UNDER 13-ACTOR > 36M OLDER MINNEAPOLIS PD PROBABLE CAUSE FELONY $0
12/16/2011..13:30

2/1 DOMESTIC ASSAULT-MISDEMEANOR-COMMITS ACT WITH INTENT TO CAUSE FEAR OF IMMEDIATE BODILY HARM OR DEATH MINNEAPOLIS PD ARREST AND DETENTION MISD $500
BAIL SET BY DC 12/16/2011..13:30

KEITH NMN KEYS, born 7/13/1971, lists address as "53XX Russell Ave. N. Brooklyn Park, Minnesota." (What? He can't remember the full address?) Charged with burglary-related crimes.

1/1 THEFT MINNEAPOLIS PD PROBABLE CAUSE PROB CAUSE FORMALLY CHARGED $25,000
BAIL SET BY DC 12/2/2011..13:30

1/2 BURGLARY-3RD DEG-STEAL/COMMIT FELONY OR GROSS MISD MINNEAPOLIS PD PROBABLE CAUSE FELONY $0
12/2/2011..13:30

1/3 POSSESSION OF BURGLARY OR THEFT TOOLS MINNEAPOLIS PD PROBABLE CAUSE FELONY $0
12/2/2011..13:30

2/1 THEFT-TAKE/USE/TRANSFER MOVABLE PROP-NO CONSENT BLOOMINGTON PD CONTINUED CASE FELONY $0
BAIL SET BY DC 12/2/2011..13:30

The troublesome house at 2654 Morgan Ave. N. is owned by Williams Properties Investments, 6066 Shingle Creek Parkway, Minneapolis.

Petro Stop Sign - For Sale to Highest Bidder

Photo by John Hoff

Photo and blog post by Nomi Passenger

Well, I think this might be the first ever Johnny Northside Auction. Almost a year ago the old Petro Stop gas station was torn down, click here. Both sides of the retro petro sign were salvaged, although at different times, one by chance, one on purpose.

The story goes something like this. One night John and I were out and about and as we passed the Petro Stop site, which was being prepped for demolition, we noticed that one side of the sign had fallen off the high metal pole and was laying on the ground, in the snow. So we stopped, picked it up and immediately realized this was a large piece of plastic that was NOT going to fit anywhere in my compact sedan. Not in the trunk, not in the back seat. It just wasn't going in my car at all. So how were we going to get it home, about 10 blocks away? Well, we got creative, let's just put it that way.

So a few days or a week later, during the day, we happened to drive by the site again and it was actively being demolished. The bulldozers were going, a scrapping crew was nearby to begin their work. John got some video footage of the demo and he approached the bulldozer driver. "Hey what are you going to do with that sign?" The bulldozer driver was just planning to tear it down when the tall metal pole came down. So John asked if he could have it. (It's plastic, so the contracted scrappers didn't want it)

The bulldozer driver turns his machine and heads that way. He lifts the big claw up high, and like a flick of the wrist, down comes the other half, the second Petro Stop sign. This time, we bartered with the scrappers to put it in their pick up truck and haul it home for us.

And there it sits in my garage, almost a year later. Through the tornado and through the rebuild. But now winter is coming and it must find a new home.

So here it is offered up for sale to the highest bidder. Here's how this will work. For one week, today through Saturday, December 3rd, I'll take email bids from interested parties. Shoot me an email at goodponyz at yahoo and let me know what you are willing to pay for the sign. I'll contact the highest bidder and arrange the sale.

The sign is large, about six feet by six feet. In the bottom left corner there is a small chip that doesn't quite affect the surface of the sign, but affects the sides of it, see picture, you'll know what I mean.

Other conditions of the sale: only one sign is for sale, cash only, you pick up, I reserve the right to change my mind or refuse sale for any reason,  in other words, "to good home only".

Good Luck!

(Do Not Click Read More)

TJ Waconia Mortgage Fraudster Gets Probation, No Doubt Due To Otherwise Clean Record...

Stock photo, (not a TJ Waconia property) blog post by John Hoff

The Deets blog recently featured an interesting post about Nathan Daniel Jesh, who was the "closer" in the TJ Waconia mortgage/investor fraud case and only received three years probation. I'm trying to be outraged, but my outrage muscle has been strained from far too much use.

One reason Jesh may have received such a light sentence (besides the possibility he cooperated in the investigation) might be his lack of any meaningful criminal record. According to...


...the Minnesota Courts website, Jesh has only been charged with three things: underage drinking, speeding, and improperly tinted windows.

Here are those cases and the results of each:

01-T5-97-002161
CCIT972161
JESH, NATHAN DANIEL
05/02/1977
07/11/1997
Aitkin
Non- Traffic Misdemeanor
Converted Closed
UNDERAGE CONSUMPTION

Fined $50, plus $30 surcharge and $5 costs. Looks like the incident was reported to the Liquor Control Board, meaning whoever served or sold the liquor got in more trouble than young Mr. Jesh. In retrospect, this may have been something of an omen.

19HA-VB-08-3782
RS08001218
Jesh, Nathan Daniel
05/02/1977
08/19/2008
Dakota-Hastings - Criminal/Traffic/Petty
Crim/Traf Non-Mand
Closed
Traffic - Speeding - Exceed Limit 55 mph Where Appropriate 65/55

JNS says: Sixty-five in a fifty-five?

Pussy.

73-VB-09-3081
UJ 04577
Jesh, Nathan Daniel
05/02/1977
04/20/2009
Stearns
Crim/Traf Non-Mand
Closed
Vehicle - Window Restrictions - Tint Too Dark

Otherwise known as "mouthing off to a cop when he says something about how your car windows seem a bit too dark." Convicted.

What is the lesson to be learned, here? That keeping a clean record is invaluable if you intend to pursue a lucrative career in white collar crime. Nathan Daniel Jesh helped destroy the very economic fiber of my neighborhood. Contrast that with a young thug who knocks of a liquor store but doesn't shoot anybody.

Jesh will never see a day in prison. The young thug, in contrast, would probably do some time and then, upon release, begin a downward socioeconomic slide which probably ends with dying in a hail of gunfire on a street corner.

I can't help but be reminded of the lyrics of a Violent Femmes song, "Kiss Off."

I hope you know this will go down on your permanent record/
Oh yeah? Well don't get so distressed/
Did I happen to mention that I'm impressed?

A small side note, here. Like all the other media, this blog has referred to the TJ Waconia debacle as "mortgage fraud." At some point, however, I became convinced it was more accurate to call it a case of "investor fraud."

But after giving the matter some consideration, I'm now convinced it's most accurate to say "mortage/investor fraud."

JNS BLOG EDITORIAL: Naming Names With The West Broadway Prayer Center Controversy...

Stock photo and blog post by John Hoff

Two Minneapolis television stations are reporting on the West Broadway Prayer Center (821 West Broadway) and how its operator, Jariland Spence, faces eviction for lack of money as a "serious buyer" waits in the wings to buy the building.

Click here for KARE story. And click here for Fox 9.

The KARE story mentions the landlord by name, one "Jack Reider." In contrast, Fox 9 practices an odd sort of censorship, and just mentions "the landlord" without naming him.

Turns out even KARE doesn't have the name exactly right, or more accurately the names (plural) of the landlords (plural). This blog will see to it there is a fully-informed public discussion regarding who owns that building...


The building at 821 West Broadway is owned by John L. Reider and Helen F. Reider. (John apparently goes by "Jack.") Their address is listed as 4150 Lake Rd., Robbinsdale, Minnesota.

Though it is often the role of this blog to dig up and expose information and engage in pointed criticism, this blog post about the Prayer Center should not be seen as a criticism of the Reiders. In fact, development of that part of West Broadway would be the answer to many prayers...the prayers of nearby residents who want to see that area turned around, and a prayer center operated on a frayed shoestring budget isn't the kind of development we have in mind.

There has, in fact, been a lot of talk...a lot of dreaming...about seeing high end restaurants opened on that block.

It is one thing for Spence's supporters to come up with enough money to pay back rent, as they apparently did before. But $142,000 is a very significant amount. Unless some reformed gang member who turned his life over to Jesus hears the Voice Of God and realizes God wants him to go dig up his major stash of ill-gotten money, and turn it over to Spence...

Then saving the Prayer Center with an influx of donations (again) is simply not going to happen.

The efforts of Spence supporters would be more productive if their goal would be finding Spence another space for the Prayer Center, hopefully not far from her current location so her clientele can find her easily.

Spence's public vow to be "carried" from the prayer center in an act of civil disobedience (compare and contrast with Romans 13:1) should be prayerfully reconsidered. Spence should ask herself what God wants and if she is following the Voice of God, or her own feelings and preferences. 

The Late Mister Early--Sounds Like An Abbott And Costello Routine, Doesn't It?

Abbott and Costello image used for First Amendment commentary and criticism, blog post by John Hoff, "The Late Mr. Early" copyright John Hoff, 2011. 


Pardon my dark gallows humor. Blame it on being in Afghanistan, month after month.

As I was researching the death of "the late Mr. Early" and the wasted life of his possible father, also named Early (therefore an earlier Early) I was reminded of an Abbott and Costello routine.

You know, Who's on first? What's on second? And I Don't Know is on third?

So I took a crack at writing up this (admitted) tragedy as an Abbott and Costello routine, with dubious results.

Here, as a twisted little Thanksgiving Day present to Johnny Northside readers, I present "The Late Mr. Early" ...



Abbott: (By himself, looking at audience from a stage set made to look like a street corner)

I was reading a neighborhood blog the other day, and what I read was a real shame! Frank Sam Early, a convicted drug dealer, dead in a senseless random shooting. Now I guess you could say he’s the late Mr. Early!

And then the same blogger managed to dig up some info about some other guy with the same name, Frank Sam Early, who might be the father of the other Early! This older Early went to prison, too, in the 1970s. He was also convicted of the same thing: dealing drugs.

But the blogger who dug up the info couldn’t determine if the earlier Early is dead or alive.

Oh, here comes my friend Costello. I know he sometimes reads that blog, too.

Abbott: (Speaking to Costello, who walks up) Ah, it’s a shame, I tell you, a real shame! Early is now late.

Costello: Wait. Early is late? How can early be late? Early is early!

Abbott: But now Early is late.

Costello: Early’s not early no more?

Abbott: Early will always be Early. But now he’s the late Early.

Costello: So is he late, or is he early?

Abbott: Which one?

Costello: Early? Or late?

Abbott: Both!

Costello: Fine, both then! So is Early late?

Abbott: I know one of the Earlys is late. I’m not sure about the other one.

Costello: Wait! There’s TWO earlys?

Abbott: Exactly.

Costello: And one of the earlys is late?

Abbott: I’m afraid so!

Costello: How do we know which early we’re talking about, then?

Abbott: Well, one is the early Early, and one is the late Early.

Costello: WHICH ONE?

Abbott: The early Early may or may not be late. We don’t know, yet. The late Early is definitely late.

Costello: You already said that! But it still doesn’t make any sense!

Abbott: I agree. It’s totally senseless.

Costello: That early is late?

Abbott: Precisely!

Costello: We finally agree on something! So who decided this?

Abbott: To make Early the late Early?

Costello: Yes!

Abbott: We don’t know, yet. The police are looking into it.

Costello: The POLICE are looking into why early is now late?

Abbott: Precisely.

Costello: But the other early is still early, right? There's no problem there, right?

Abbott: Well, the police already looked into the early Early.

Costello: Why did they look into the early early? What was the problem there?

Abbott: Drugs.

Costello: The early early was involved with drugs?

Abbott: I’m afraid they both were.

Costello: Who was?

Abbott: BOTH the Earlys.

Costello: The late one and the early one?

Abbott: Yes. But we don’t know if the early Early is late. We only know that the late Early is late.

Costello: Which early?

Abbott: The latter.

Costello: The latter early is late?

Abbott: Precisely. But the early Early might also be late. We just don’t know.

Costello: The police are looking into that?

Abbott: No. The police are only looking into the latter Early.

Costello: They’re not looking into why the early early is late? They don’t know if he’s late?

Abbott: Precisely.

Costello: Well, why would they look into one and not the other if both the earlys might actually be late?

Abbott: Because what happened with the early Early happened a lot earlier. A long time ago, in fact. If the early Early was late a long time ago, then I’m sure the police already looked into it. If it was suspicious, I mean.

Costello: If WHAT was suspicious?

Abbott: Why the early Early was made the late Early. If he was. The police would only look into that if it were suspicious. Any Early might become late, but that doesn’t mean it’s suspicious.

Costello: Any early could become late?

Abbott: Just like the rest of us. We’ll all be late some day.

Costello: Will the police look into it?

Abbott: Only if it’s suspicious.

Costello: Why I’m late?

Abbot: Precisely. But you’re not late, yet, you’re standing here talking to me.

Costello: How do you know I’m not late?

Abbott: You’re standing here talking to me, aren’t you?

Costello: I’ve been standing here talking to you for five minutes and not a thing has made sense! We’ve got a late early, an early early who might be late, and the police are looking into why early is late! But only ONE of the earlys, even though the other one may be late as well. IT MAKES NO SENSE AT ALL!

Abbott: Didn’t I say it was senseless?

Costello: (Grabs his hat as it appears to almost fly off his head. Runs around in a circle, gets up in Abbot’s face) Now you’re gonna tell me right now! If I’m late, are the police going to look into it?

Abbott: Only if it’s suspicious.

Costello: I gotta get out of here. I’m worried that I’m gonna be late.

Abbott: Why? You got health problems?

Costello: I feel like I’m losing my mind!

Abbott: Well, don’t turn to drugs. That’s probably why early is late.

Costello: Just one of them?

Abbott: No, they both did drugs.

Costello: Did the police look into it?

Abbott: Yes, into both of them.

Costello: I thought the police were only looking into the one?

Abbott: The police are looking into why the late early is late. As for the early early, drugs were involved, but that investigation was concluded a long time ago. Though I imagine if the early Early isn’t late, then the early Early is probably still using drugs.

Costello: If the early early isn’t late, the early early is using drugs?

Abbott: Probably.

Costello: I’m think I’m going to use some drugs in a minute, here.

Abbott: Don’t do it. It will make you late.

Costello: And then the police will look into it?

Abbott: You bet they will.

Costello: But you don’t know if the police looked into the early early?

Abbott: I know for a fact they looked into the drugs with both the Earlys. I just don’t know if the early Early is late, and if the police ever looked into THAT.

Costello: But if the early early is late, you think drugs were the cause?

Abbott: Could be. But it could be murder. Then again, maybe the early Early just died in his sleep.

Costello: How can an early die in his sleep?

Abbot: Which one?

Costello: Either of them!

Abbott: You’re right. They’re a lot more likely to be murdered, or overdose on drugs.

Costello: I give up. I’ll never understand this.

Abbott: Didn’t I say it was senseless?

Costello: Senseless is talking to you!

Abbott: Where is she? I don’t see her.

Costello: (Runs away, screaming)

Abbott: (Yells after) Be careful, acting like that! You’re in a tough neighborhood! YOU DON’T WANT TO END UP LIKE EARLY!

Costello: (From off stage) WHICH ONE!? THE EARLY EARLY OR THE LATTER?

Abbott: Ladder!

(Off stage, Crashing sound of aluminum, Costello crying out in pain)

Abbott: (Looking at the audience, helplessly) I told him to look out for the ladder.

"Namesake" Frank Sam Early Appeal Conviction (Guilty Shouldn't Count If You're High?)

Stock photo and blog post by John Hoff

A double scoop of "thank you" to the anonymous commenter who provided me a link to this info on a previous blog post. Unlike the mainstream media, as a blogger I acknowledge up front when a source did all the work for me and found the golden info nuggets in his/her pan.

Frank Sam Early, a felonious crackhead who died in the latest (apparent) "corner drug deal random shooting" in North Minneapolis, shares his name with ANOTHER Frank Sam Early, who left quite an interesting legal trail in the mid-1970s. Any blood relationship between the two is still unconfirmed.

But the coincidences are incredible. For example, both of the "Franks" did prison time in Illinois. While in prison, "Early The Younger" sought a female pen pal who could "keep it real." Early The Elder was also involved in correspondence, with a Black Panther Newspaper. 

Now here on Johnny Northside Dot Com, presented ALMOST in its entirety, is the conviction appeal of "Early The Elder" Frank Sam Early, who pulled yeoman's duty as a burden to society in the 1970s. Click here for the source of this document. For the footnotes and docket number, a person needs to pay $4.95.

I have no particular need of the footnotes and docket number. I will say this is a convenient service and $4.95 isn't such a bad price.

The basis of the appeal can be summarized as follows: "I was high as a motherf****** kite when I pleaded guilty. Therefore, my guilty plea shouldn't count."

Though Early's legal strategy didn't work out, he left behind an amazing and detailed historical account of his drug habit.

Some paragraph breaks not in the original have been added by this blogger...


UNITED STATES EX REL. EARLY v. MORRIS

United States District Court, Northern District of Illinois, E. D

March 17, 1975

UNITED STATES OF AMERICA EX REL. FRANK EARLY, PETITIONER,
v.
ERNEST MORRIS, SUPERINTENDENT OF THE JOLIET CORRECTIONAL COMPLEX, RESPONDENT.

The opinion of the court was delivered by: Marshall, District Judge.

MEMORANDUM DECISION

On November 10, 1969, petitioner withdrew his plea of not guilty and entered a plea of guilty before Honorable Francis T. Delaney, Circuit Judge, Cook County, Illinois, to four indictments. Three indictments charged him with two counts of armed robbery, one count of aggravated battery and one count of unlawful use of weapons. On motion of the State the fourth indictment charging petitioner with sale of narcotics was reduced without objection to possession of narcotics. As to each count of the indictments the court admonished petitioner as to whether he knowingly and understandingly waived his right to trial by jury or the bench.

Each time petitioner answered in the affirmative. The court further admonished petitioner as to the minimum and maximum sentences that could be imposed for each count, and that each sentence could run consecutively. The parties stipulated that a factual basis existed for each plea of guilty.

In aggravation, the State cited previous felony and misdemeanor convictions. In mitigation, defense counsel asked for leniency attributing petitioner's problems to his addiction to drugs which petitioner hoped to cure. Judge Delaney then sentenced petitioner to serve in the Illinois State Penitentiary concurrent terms of not less than nine and not more than ten years for each count of armed robbery, and not less then eight and not more than ten years for aggravated battery, unlawful use of weapons and possession of narcotics. The court then advised petitioner of his right to appeal.

The following exchange formed the basis for the petitioner's subsequent state court post-conviction petition and hearing, and his present prayer for habeas corpus relief:

MR. FOWLKES: Your honor, I have a motion that the
mittimus be stayed here for about 10 days and the
defendant be permitted to be hospitalized in the
House of Correction.

(JNS interjects: "Mittimus" is mentioned over and over. It's an order for a police officer to take a convict to prison)

THE COURT: Mr. State's Attorney.

MR. NEVILLE: We have spoken about that
previously. It has to do with Mr. Early's
narcotic problem and he wishes to be hospitalized
at the Bridewell for a period of 10 days in order
to try and cleanse his system.

THE DEFENDANT: Yes, I would like to go over there today. Right
now I am under the influence of narcotics and I
would like to go over there today to kick my
habit. See, I'll be sick some time around a
couple of hours.

MR. NEVILLE: We spoke about this previously and I
indicated to the court at that time and Mr.
Fowlkes we would have no objection to that. I
suggest the mittimus be stayed for 10 days for
that purpose, for him to be sent to the House of
Correction Hospital.

THE COURT: All right, the mittimus is stayed for
10 days and Mr. Early is directed — the Sheriff of
Cook County is directed to confine Mr. Early in the
House of Correction for hospitalization for at
least 10 days in order that the drug addiction
problem he has may be neutralized in some respect
before the defendant would be sent to the State
Penitentiary. (R. 17-19)

On January 20, 1970, petitioner filed a post-conviction petition in which he asserted that the trial court violated his constitutional rights by accepting his pleas of guilty while he was under the influence of narcotics.

On August 19, 1971, Honorable Joseph A. Power conducted a post-conviction evidentiary hearing on the State's motion to dismiss. Counsel was appointed to represent petitioner. The following is a summary of the testimony of petitioner, his wife, the assistant state's attorney, defense attorney and the trial judge at the guilty plea hearing.

Petitioner testified on direct examination that at the time of the guilty plea hearing he was a narcotic addict with a $125 a day heroin and cocaine habit. (R. 10) When petitioner was released on bond August 4, 1969, he resumed his habit with injections of heroin and cocaine, two or three times every day up to and including the date of his guilty pleas on November 10, 1969. (R. 11, 28) At 3:00 a. m. that date, petitioner smoked an opium cigarette; at 10:00 a. m. petitioner took his "daily shot of heroin along with cocaine" at his mother's house and a shot at his wife's house. (R. 12, 48-49) The guilty pleas were entered that afternoon. Petitioner testified:

THE WITNESS: . . . My wife and I came to court
and I took my syringe and needle along with me to
court and a bag of heroin and a bag of cocaine,
in the event that I became ill.

So I did become slightly ill and went into the
washroom outside of the courtroom and took my
shot there, and I left the needle and the syringe
in the washroom outside of the courtroom.

Q: Now, about what time was this, Mr. Early?

A: I don't know what time it was. It was
somewhere near about an hour before sentencing.

MR. ROBBINS: I didn't hear that.

THE WITNESS: An hour before prison sentencing.

MR. ROBBINS: I still didn't get it.

THE WITNESS: A one hour before prison sentencing. (R. 13)

Petitioner testified that several days before he pleaded guilty he requested his attorney to arrange to have his bond revoked and have petitioner placed in a hospital for drug abuse treatment.

Petitioner recalled that his wife, mother and a child were present at the guilty plea but could not remember everyone who was present because he was high. (R. 17) Petitioner said he saw "part of Judge Delaney's face as his face and the other half of his face carried the appearance of my wife's face. A double vision is what I had seen." (R. 17, 54) Petitioner testified that he went into a "narcotic nod" during the admonishments. (R. 18)

Petitioner did not recall any communications regarding a jury trial. After pleading guilty petitioner was handcuffed and taken to the hospital for 10 days of treatment. After the hospital stay petitioner was brought back before Judge Delaney for commitment to the penitentiary. Defense counsel was not present.

On cross-examination the 36-year-old petitioner testified that he had been a drug addict for 19 years. (R. 23) In 1968, after serving 7 years and 3 months, petitioner was released from the penitentiary and began selling drugs and keeping a portion to use. (R. 25-26) Petitioner testified that he suffered withdrawal symptoms as vomiting, perspiring, aching bones and blurred vision.

On redirect examination petitioner testified that he received medication at the hospital on a daily basis which prevented vomiting and kept his bones from aching. He traced his earliest addiction treatment back to the time when at 20 years of age he was convicted of stealing a check and Judge LaBuy of this court committed petitioner to the Lexington, Kentucky drug treatment hospital for six months.

Petitioner's wife testified that on November 10, 1969, she was present in Judge Delaney's courtroom when her husband entered his pleas of guilty. Married to him since 1959, she knew for years that her husband was an addict. The witness observed that her husband was high when petitioner pleaded guilty. His wife testified that petitioner was sweating profusely and looked as though he would vomit. His eyes were "glary, you know, watery." (R. 79) The witness testified that petitioner looked this way whenever he took a "fix." In her opinion petitioner was under the influence of narcotics at the time of his guilty pleas. (R. 84)

Assistant state's attorney Richard Neville testified for the State that he recalled nothing unusual about petitioner whom he had seen in plea negotiations and before the bench about six or seven times. (R. 98) Neville recalled that petitioner told him before the pleas were entered that petitioner was a drug addict. (R. 99-100)

Neville testified that the agreement on the pleas of guilty emerged from conferences before the date of the actual pleas because the case was continued several times so that petitioner could clear up his affairs. The witness testified further:

During the time that the conferences took place
I, representing the State's Attorney, and Judge
Delaney in his, representing the court, indicated
that we would have no objection at the
time the pleas were entered to putting, to
sentencing him to the penitentiary but with a
stay for a period of time so he could be sent to
the Bridewell, I think, the Bridewell Hospital.
(R. 104)

Neville testified that he possibly knew of the addiction more than two months before the pleas. (R. 113) He did not remember petitioner sweating or whether petitioner's eyes were red at the time of the pleas. On redirect he testified that he observed nothing unusual about petitioner when he entered his guilty plea. (R. 128)

Attorney Glenn Fowlkes testified for the State that he was a court-appointed attorney for petitioner when petitioner pleaded guilty. Fowlkes was never prepared to go to trial in the case.

Fowlkes testified that petitioner never appeared to act unusual when they met. (R. 134) When the petitioner pleaded guilty, Fowlkes did not notice anything unusual about him. Fowlkes testified that they could understand each other. (R. 138-139) When Fowlkes first came into court for the guilty plea, Fowlkes remembered that petitioner reminded him to get him to a hospital after the plea because petitioner was going to be sick. (R. 139) Fowlkes did not think that petitioner was under the influence of narcotics when he pleaded guilty. (R. 140)

On cross-examination Fowlkes testified that he received his appointment through Judge Power by way of the Chicago Bar Association's Committee on the Defense of Prisoners. Fowlkes explained that the policy of the Committee was such that if a defendant could get out on bond, he had funds to afford an attorney. Fowlkes told petitioner that he was therefore not able to represent petitioner as an indigent defendant since Fowlkes was able to get petitioner's bond reduced enough to secure his release on August 4, 1969. Fowlkes explained the conditions for his staying on the case as a Bar lawyer:

Well, I explained to Frank that if he had money
he had to hire a lawyer, that insofar as the Bar
Association committee was concerned I wouldn't be
able to represent him, that I thought he had no
defense, and that if he wanted me to stay in this
case I would only on the basis that I would try
to negotiate the best deal for him. But now if he
wanted to fight the case on his merit, so to
speak, that he would have to hire a lawyer. (R.
148)

Fowlkes felt that getting the minimum sentence reduced was a good deal. Fowlkes thought that petitioner was dissatisfied with the deal.

Fowlkes knew at the time of the pleas that petitioner was a drug addict. (R. 151) He testified that after petitioner reminded Fowlkes to get petitioner into a hospital after the pleas, Fowlkes "checked with Mr. Neville and this was part of the deal, so to speak." (R. 153) Fowlkes did not have an independent recollection of petitioner's "under the influence of narcotics" statement but testified that he was present when petitioner made the statement as reflected in the record. (R. 150)

Judge Francis T. Delaney testified that petitioner's case came before his court for the first time on June 3, 1969. (R. 159) The judge testified that "the first I heard about the narcotics was on June 3, 1969. (R. 159) The judge testified that "the first I heard about the narcotics was on the day of the plea . . . after all the pleas were completed, the aggravation, mitigation and sentence." (R. 162, 164) The judge did not remember any unusual behavior by petitioner while he was before the bench. (R. 164) After petitioner returned from the hospital and came before the judge for the issuance of the mittimus, no statements were made by petitioner to "negate anything that happened ten days before." (R. 165)

On cross-examination the judge testified that a plea conference was held in chambers on the date of the pleas. Without the transcript the judge had no independent recollection of petitioner. (R. 169) From reading the transcript, the judge felt that "he appeared as normal as anyone else who ever appeared before me." (R. 169)

In the following exchange the judge explained why he sent petitioner to the hospital:

MR. TOOLE: Q. Now, Judge Delaney, according to
the transcript you honored the defense counsel's
request, or motion for stay of mittimus, to give
the defendant an opportunity to cleanse the
narcotics out of his system, is that right?

A. I honored the defense attorney's request for
the reason that the pleas were taken, and the man
had been sentenced to long terms in the
penitentiary, and he had previously been out on
bond, and I wasn't going to leave him be out on
the street again. The mere fact that his attorney
told me that would not have made any difference.
He had already pleaded and was sentenced.

Q. Is that an additional reason you sent him to
the House of Correction?

A. Because he had pleaded and was under four long
sentences which were to run concurrent. (R. 170)

At the close of the State's evidence defense counsel Toole tried to introduce into evidence petitioner's medical records. (Respondent's Exhibit B) Judge Power sustained the People's objection on the grounds that no foundation was laid for the admission of the records since Toole decided not to call any doctor to the stand. The judge accepted the records as an offer of proof only.

Judge Power denied petitioner's petition for post-conviction relief. The judge reasoned that petitioner was in the same frame of mind while in jail negotiating a plea without using drugs as he was when he was out on bond and when he pleaded guilty. Judge Power concluded that "it didn't appear that narcotics affected your mind in any way, or even your body. . . . That's all that is necessary for the court to do, to know that you understand that you are charged with a crime and that you know what the arrangement is on your plea, and that you agreed to it and the Court had conformed with your agreement. That's all that the law provides." (R. 223)

On December 13, 1973 the Appellate Court of Illinois, First District, affirmed the denial of petitioner's post-conviction relief. (Respondent's Exhibit C) The appellate court held that Judge Delaney did not abuse his discretion when he did not conduct a competency hearing after petitioner stated that he was under the influence of narcotics since neither the assistant state's attorney, the defendant's attorney Fowlkes nor Judge Delaney believed petitioner was under the influence when he pleaded guity.

Petitioner Early's pro se petition for a writ of habeas corpus is grounded on the allegations that he was under the influence of heroin when he pleaded guilty; that his defense attorney, the prosecutor and the judge knew that petitioner was an addict; that all were informed by petitioner in open court that he was then under the influence of narcotics; that by request of counsel petitioner was sent to the hospital for 10 days for possible withdrawal symptoms; that the medical records were not admitted as proof; that after the pleas he did, in fact, suffer withdrawal at the hospital, thus, supporting his allegation that he was under the influence of narcotics. Petitioner contends that the immediate presence of heroin and cocaine in his system at the time of the pleas vitiated the competence and voluntariness of the pleas, thus requiring Judge Delaney to conduct an on-the-spot competency hearing.

On October 15, 1974, respondent filed with the United States District Court Clerk a motion for summary judgment. Respondent contends that this court is bound by the state court findings that petitioner's pleas were competent; that petitioner knew the nature of the proceedings and that he received the bargain for which he had negotiated. Respondent urges that the full evidentiary hearing in the state court satisfied the requirements of the Habeas Corpus Act, 28 U.S.C. § 2254(d)(1)-(8).

Respondent's motion for summary judgment is denied because two factual questions are still unresolved: (1) whether petitioner was under the influence of heroin and cocaine (or opium) at the time he pleaded guilty, and (2) if petitioner was under the influence of narcotics, was he nevertheless competent to knowingly and understandingly waive his constitutional rights when he pleaded. Accordingly, an evidentiary hearing should be held to resolve these factual issues. 28 U.S.C. § 2254(d).

It is a fact that petitioner informed trial Judge Delaney, the assistant state's attorney Neville and defense attorney Fowlkes that he was under the influence of narcotics at the time he entered his pleas of guilty. As in Hansford v. United States, 124 U.S.App.D.C. 387, 365 F.2d 920, 923 (1966), the portion of the plea record quoted above demonstrates "a sufficient likelihood of incompetence to have imposed on the trial court a duty to inquire into appellant's competency." (Hansford testified at his trial that he was a long time narcotic addict and that he used drugs throughout the trial.)

The District of Columbia Court of Appeals based its decision on Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). There the Court ruled that a hearing was necessary under 28 U.S.C. § 2255 to test a claim of incompetency based on narcotic use during trial observing:

If anything, his [defendant's] request before
sentence that the judge send him to a hospital
"for addiction cure" cuts the other way.
Moreover, we are advised in the Government's
brief that the probation officer's report made to
the judge before sentence (the report is not part
of the record in this Court) disclosed that
petitioner received medical treatment for
withdrawal symptoms while he was in jail prior to
sentencing. Sanders v. United States, 373 U.S. at
20, 83 S.Ct. at 1079.

The Court, therefore, found merit to Sanders' claim of incompetency and remanded for a hearing. Similarly, petitioner requested medical treatment "to kick my habit" before his mittimus issued and petitioner received 10 days of treatment for narcotic withdrawal.

Respondent argues the post-conviction evidentiary hearing cured the defect at the guilty plea hearing in that the post-conviction hearing was, in effect, a competency hearing where petitioner was found to have been competent at the guilty plea stage. His petition for post-conviction relief was, therefore, denied. The Illinois Appellate Court affirmed the denial basing its judgment in part on the testimony of the prosecutor, defense counsel and trial judge "that they did not believe the defendant was under the influence of narcotics at the time he changed his pleas to guilty." (Respondent's Exhibit C, p. 7)

Clearly, the lay observations of these three officers of the trial court alone are not dispositive of the first issue as to whether petitioner was under the influence of narcotics when he pleaded guilty. In Hansford, supra, the court followed Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966) when it said:

While his demeanor at trial may be a relevant
factor, it is by no means the only one and it
cannot obviate the need for a hearing on his
competence. This reasoning applies with
particular force to a defendant who may be under
the influence of narcotics, since the symptoms
and effects of an acute brain syndrome produced
by narcotics will often not be apparent to a lay
observer, even a judge, but only to an expert.
Even then a careful examinationwould seem necessary
to determine the extent to which the defendant's memory
and other rational faculties have been impaired by the drugs.
365 F.2d at 924.

In a footnote the court continued:

Further, because lay observations will often be
inaccurate, the fact that defense counsel did not
think defendant incompetent, although of
evidentiary value, can never be dispositive. 365
F.2d at 924, n. 11.

Significantly, in the instant case, no medical records or expert medical testimony went into evidence at the post-conviction hearing. Petitioner's medical records, which have been brought here, were offered as evidence but the State court sustained an objection to them on the ground that no foundation had been laid. These records, if received in evidence, will show that petitioner's condition was diagnosed as narcotic addict withdrawal.

Cases bearing on the factual issues presented here have frequently included expert medical testimony to support or defeat the defendant's claim of incompetency due to the ingestion of narcotics during the trial or before a plea. See United States v. Goodman, 432 F.2d 75 (5th Cir. 1970); Pate v. Robinson, supra; Hansford v. United States, supra. In fact, in a case cited by respondent, the Second Circuit Court of Appeals placed emphasis on the fact that newly discovered hospital records of the defendant might have warranted an evidentiary hearing on whether the use of heroin prior to, during and subsequent to defendant's trial resulted in the mental incapacitation of the defendant. O'Neil v. United States, 486 F.2d 1034, 1036 (2d Cir. 1973). Case law, then, supports the conclusion that something more than the lay opinion of two lawyers and a trial judge that petitioner was competent to enter a guilty plea is required to determine the competency of an allegedly heroin-ridden defendant.

As to the second issue before this court, the court in Hansford pointed out the following:

This is not, of course, to say that a defendant
under the influence of narcotics is necessarily
incompetent. . . . The effects of narcotic use
will vary depending on the amount of drugs taken,
the degree of tolerance developed by the
individual, the idiosyncratic reaction of the
person to the drugs. For this very reason, only
by a hearing can it be determined whether any
particular defendant is incompetent because of
his use of drugs. 365 F.2d at 923.

(JNS blog interjects: This next line is my favorite of the whole case!) 

Therefore, petitioner might have been under the influence of narcotics but his competency might have been unaffected or even enhanced rather than weakened given petitioner's long history of drug addiction. 

This, again, is a question of fact to be resolved by an evidentiary hearing which has not been satisfactorily determined in the State post-conviction proceeding.

Respondent's motion to dismiss is Denied. Robert W. Hallock of the Chicago Bar is appointed to represent petitioner. The cause is continued to April 8, 1975 at 10:00 a. m. for report on status and to set for trial.

Homicide Victim Frank Sam Early Was Looking For A Female Prison Pen Pal Who Could "Keep It Real"

Frank Sam Early photo from Jail Mail Dot Net, used under First Amendment Fair Comment and Criticism, blog post by John Hoff


All credit goes to one of my anonymous commenters who found this info and provided a link on a recent blog posting.

Frank Sam Early, the latest victim of a North Minneapolis car shooting where drugs were likely involved, whose extensive criminal record was published, exclusively, here on Johnny Northside Dot Com, was imprisoned in Marion Illinois on crack cocaine and gun possession charges. While there, like many prison inmates, Early sought help and companionship through a prison pen pal website.

It should be noted different states have different rules about allowing inmates to seek pen pals on websites. Minnesota is apparently one of the states which DOES NOT currently allow it. Of course, if an Illinois prison inmate posted to such a website and managed to snag a MINNESOTA pen pal, that wouldn't be breaking any rules. The question I suddenly have is...

Is this how Early met the female companion who was gunned down in the car with him?

Early's personal ad read as follows...

(Paragraph breaks inserted by this blogger. "And" symbol replaced by word "and" due to blog formatting issues)

I hope that this message finds you well. First of all, I would like to say thank you for taking the time to read my ad. My name is Frank but friends call me Prince so please do so.

(JNS interjects: Right, your friends call you "Prince." And my friends call me "Chuck Norris.")

I'm from Chicago, Illinois and I'm placing this ad in hopes of finding a true friend and hopefully that special someone. I'm open-minded and I like women of all cultures and sizes. I'm a very out-going person and I'm seeking the same. I'm a man who truly believes in keeping it real and I expect the same from whoever writes.

(JNS interjects: What's that mean? Like, let's do drugs together and knock off a liquor store or something? Sure not planning to reform myself, seeking same in a mate?)

I like females who can communicate on all levels and is willing to give a friendship their all. I'm 5'9" and weigh 190. I'm brown-skinned and wear my hair in braids. I look forward to hearing from you and hopefully we can build a solid friendship. So until I hear from you, keep your head up and stay strong.

Address:
Frank Early #06879-041
PO Box 1000
Marion, IL 62959

Birthdate: September 10/1974

Expected Date of Release: December/2005 or March 18/2006
-------

JNS says: Anybody care to comment on the tattoos? Both the crown and the crossed tridents definitely look like gang tattoos to me, but I don't have my "Great Big Book Of Gang Signs" handy here in Afghanistan. Here's a good link, however, click here.  

Daniel James Hart, Stabbed To Death In Front Of Sex World, Had Record As Long As My Arm...

Stock photo, blog post by John Hoff

No, it didn't happen in North Minneapolis and the victim didn't live here, either. (In fact, useful data captured by my very own jailhouse roster posting indicates he lived at 3205 Boone Ave. S.)

But after I saw an article about Daniel James Hart, age 32, who died in a stabbing in front of Sex World, I checked his Minnesota Courts online record. Well, his record was so long it leaked off the bottom of the screen and I had to drill for it with my computer mouse.

Realizing I was sitting on top of useful info which needed to be part of the public discourse about this homicide, I decided to ever-so-briefly depart from the usual neighborhood parameters of this blog and toss it out there...


This merely lists CHARGES, some of which may have been dismissed. (A non-North Minneapolis case simply isn't worth the extra effort to research each of these individual charges)

Since there is mention of him being a convicted felon (therefore ineligible to be in possession of a pistol) there is probably at least one federal case out there, as well. (I'm not going to look for THAT, either. You're getting short shrift, here, Mister Hart. It's a shame every neighborhood doesn't have bloggers as prolific as those in North Minneapolis)

Here, Mister Hart, is your life...such as it was.

27-CR-97-053926
HART, DANIEL JAMES
03/26/1979
06/26/1997
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
FELON IN POSSESSION OF A PISTOL
FLEEING A PEACE OFFICER IN MOTOR VEHI

27-CR-99-099542
HART, DANIEL JAMES
03/26/1979
10/05/1999
Hennepin Criminal/Traffic/Petty Ridgedale
Crim/Traf Mandatory
Closed
DRIVING UNDER THE INFLUENCE
OPEN BOTTLE-DRIVER AS MISD
OPEN BOTTLE-DRIVER AS MISD
DRIVING AFTER REVOCATION

27-CR-99-101008
HART, DANIEL JAMES
03/26/1979
10/11/1999
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
1ST DEG PROPERTY DAMAGE

27-CR-00-006578
HART, DANIEL JAMES
03/26/1979
01/21/2000
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
ASSAULT 5TH DEGREE (DOMESTIC)

27-CR-00-069926
HART, DANIEL JAMES
03/26/1979
07/24/2000
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
DOMESTIC ASSAULT
DOMESTIC ASSAULT
OBSTRUCT LEGAL PROCESS OR ARREST
DISORDERLY CONDUCT

27-CR-01-039703
1010371589
HART, DANIEL JAMES
03/26/1979
05/11/2001
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
DRIVING AFTER REVOCATION

27-CR-01-098594
HART, DANIEL JAMES
03/26/1979
11/29/2001
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
INTERFERE WITH EMERGENCY TELEPHONE CALL
DOMESTIC ASSAULT
DOMESTIC ASSAULT
DISORDERLY CONDUCT

27-CR-02-019163
HART, DANIEL JAMES
03/26/1979
03/07/2002
Hennepin Criminal/Traffic/Petty Southdale
Crim/Traf Mandatory
Closed
DWI - 3RD DEGREE
DWI-REFUSE TO SUBMIT TO TEST
DRIVING AFTER REVOCATION

27-CR-02-048110
HART, DANIEL JAMES
03/26/1979
06/17/2002
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
DWI 2 DEG UI ALCOHOL
DWI 2 DEG .10 + WITHIN 2 HRS OF DRIVING
OPEN CONTAINER IN MV-DRIVER
DRIVING AFTER REVOCATION

02-T4-02-033202
x 627790
HART, DANIEL JAMES
03/26/1979
12/11/2002
Anoka
Non- Traffic Misdemeanor
Converted Closed
THEFT M

27-CR-02-098963
HART, DANIEL JAMES
03/26/1979
12/12/2002
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
DRIVING AFTER REVOCATION
CARELESS DRIVING
HIT & RUN/UNATTENDED

27-CR-03-005803
1020703458
HART, DANIEL JAMES
03/26/1979
01/23/2003
Hennepin Criminal/Traffic/Petty Downtown
Crim/Traf Mandatory
Closed
DRIVING AFTER REVOCATION

02-KX-03-005298
HART, DANIEL JAMES
03/26/1979
05/27/2003
Anoka
Gross Misd - DWI
Converted Closed
.01% GM 2ND DEG DWI
.01% GM 2ND DEG O.10%
.01% GM 3RD DEG DWI
.01% GM 3RD DEG O.10%
M DAR

02-T4-03-021173
X 309008
X 309008
HART, DANIEL JAMES
03/26/1979
06/19/2003
Anoka
Non- Traffic Misdemeanor
Converted Closed
DAR M
NO PRF INS/N OWN M

27-CR-05-074664
HART, DANIEL JAMES
03/26/1979
11/21/2005
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
DISORDERLY CONDUCT

27-CR-06-049523
HART, DANIEL JAMES
03/26/1979
07/21/2006
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
Domestic Assault-GM-Subsequent Violation of Subd. 1 w/in 5 Yrs of Discharge or Disposition
Obstruct Legal Process or arrest
Fleeing a Peace Officer By a Means Other Than a Motor Vehicle

27-CR-06-049595
HART, DANIEL JAMES
03/26/1979
07/21/2006
Hennepin Criminal/Traffic/Petty Brookdale
Crim/Traf Mandatory
Closed
Domestic Assault-GM-Subsequent Violation of Subd. 1 w/in 5 Yrs of Discharge or Disposition
Emergency Telephone Calls/CommunicInterfere with 911 Call

27-CR-07-023878
HART, DANIEL JAMES
03/26/1979
03/26/2007
Hennepin Criminal/Traffic/Petty Ridgedale
Crim/Traf Mandatory
Closed
Traffic-Drivers License-Driving After Cancellation

27-CR-07-012309
HART, DANIEL JAMES
03/26/1979
05/18/2007
Hennepin Criminal/Traffic/Petty Downtown
Wernick, Mark S.
Crim/Traf Mandatory
Closed
Assault-3rd Degree-Substantial Bodily Harm

27-CR-11-5180
HART, DANIEL JAMES
03/26/1979
02/22/2011
Hennepin Criminal/Traffic/Petty Downtown
Swanson, Stephen D.
Crim/Traf Mandatory
Under Court Jurisdiction
Domestic Assault
Domestic Assault

And the moral of the story is?

Well, it's the usual moral: if you're NOT the scum of the earth, your odds of being murdered in Minneapolis drop dramatically to the land of the statistically unlikely.

Pure speculation follows: this was self-defense by a would-be robbery victim, who doesn't want to come forward because, well, what was he doing out there in front of Sex World?

Odd Name Coincidence With "Frank Sam Early" (Is This The Father Of North Minneapolis Shooting Victim?)

Stock photo (prison image) and blog post by John Hoff

Most people who use Google don't dig very far beyond the first 10 hits on a search, but it's amazing what turns up on page 4, 6, 27...

Somebody named Frank Sam Early, whose uncommon name is exactly the same as that of a convicted crackhead who died in a North Minneapolis car shooting, sent a letter from Stateville prison to a Black Panther newspaper in 1974 or 1975. The subject of the letter was, more or less, measures the prison authorities were taking which Frank Sam Early thought were oppressive.

A commentary and excerpts from the letter were published. The Black Panther publication in which the article about the letter appeared has been preserved online by a site called Negro Artist Dot Com. Though (frustratingly) there is no date on the preserved document, it can be narrowed down to circa 1974 or 1975 because it features an article about Archie Griffin winning the Heisman Trophy...which happened in both 1974 and 1975.

I am reproducing the article about the letter here. The question I have is...


Is this just an odd name coincidence? Or is this "other" Frank Sam Early the namesake and father of the guy who was recently killed in a North Minneapolis car shooting? After a lifetime of drug addiction and legal trouble?
---------
STATEVILLE INMATES PROTEST INSTALLATION OF TEAR AND VOMIT GAS IN CELLBLOCK

(Joliet, Ill.) -- Authorities at Stateville prison here have recently installed 64 cannisters of "tear gas mixed with vomit gas" in a segregation unit housing 200 inmates -- 90 per cent of whom are Black. According to the prison doctor, J. Venkus, that is enought gas to suffocate and kill any person suffering from an asthma condition.

THE BLACK PANTHER has recently received a letter from Brother Frank Sam Early, an inmate at Stateville prison, which describes these newest tool of terrorism employed by prison authorities against progressive Stateville inmates. The following is an excerpt of Brother Early's letter:

"This communication is being directed to the BPP'S attention as a request for information and assistance in our struggle here at the Stateville Prison Segregation Unit.

"The amount of cannisters installed is 64. The cell house is 400 feet long, and 100 feet in height, and the section through the cell block is approximately 14 feet in width.

"We, prisoners of the segregation unit, which is 90 per cent Black, are forced to sleep under the threat of such gasses discharging. There are four other cell houses within the prison, and none of them had such an excessive amount of gas installed.

"Several of us prisoners here in the segregation unit deem the installment of such dangerous gasses as total disregard of prisoners who have respiratory ailments and heart ailments. It also constitutes a gross violation of our so-called 14th Amendment rights, and violation of the state of Illinois constitution, Article XI, Section 2 -- the right of citizens to live under a `healthful environment.'"

"The installment of the gas appears to be a `deliberate genocidal plot' by the Illinois Department of Corrections director, Allyn R. Sielaff, to destroy the so-called militant prisoners and political prisoners that the segregation unit houses!

"It is a `bureaucratic genocide plot,' perpetrated by the Illinois officials against the Black prisoners at the tax expense of our own Black people in the state of Illinois. We request the BPP to advise the community about it…"
-----------
The same Black Panther publication then went on to say the prisoners had recently started a publication called "The Spark of Unity" and this was pretty much why the authorities were alarmed.

It's not stated whether Frank Sam Early was involved with The Spark Of Unity.