Professional Documents
Culture Documents
C OUNTY OF DAKOTA
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE : CONTRACT
Misdemeanor Ticket No. 190000002606 - Case No. 19HA-CR-14-1019
STATE OF MINNESOTA
Plaintiff,
V.
Don T Mashak,
Defendant
To: Public Defender Alexander Rogosheske via fax 651-451-9956, CC: State of Minnesota via Hastings City Attorney at fax
651-438-9775 and the Dakota County Court via fax 651-438-8265
Hello:
This is my necessarily self-censored, decorum-observing version of my thoughts.
Somehow today, I received both your copy and the Courts copy of the Judges decisions to dismiss this matter for lack of
Probable Cause. Thank you.
To continue, because of my past experience in receiving correspondence from the Courts etc, I presume there is some deadline
the Powers that be want me to miss. So this is an off the cuff response from memory alone, within hours of receiving these
documents, to avoid missing any deadlines I may not be aware of. I may want to supplement them when I have time to review
the transcript, my notes and records of the proceeding and/or the notes and records of the proceedings of others. I note that I
previously informed you there were inaccuracies in the transcript shortly after receiving a copy of it.
There are at least 3 points in error in the Findings of Fact that spring to my attention:
1) Item 3
2) Item 11
3) Item 26
With regard to Finding of Fact Item 3, alleging I was warned in any, way shape or form to keep my voice down in the morning:
1) No direct evidence was presented on this point. Officer Vai only provided hearsay evidence of what someone else told
him. I alleged they did not call the morning bailiff because they did not want to have him perjure himself when it
became obvious that the morning video had been requested in a timely manner and when Ayrlahn Johnson Affidavit
came to light. (Shouldn't a judge know this basic Rule of Law legal concept)
2) The State destroyed the video evidence of the morning's proceedings, therefore testimony of my own and of my
witnesses, trump any direct and/or hear say testimony of witness for the State.
3) Ayrlahn Johnson's direct, non hearsay testimony, indicated it was he and not I that had an interaction with the morning
bailiff. As my and Mr. Johnson's testimony are the only direct testimony of the morning events, and the State destroyed
the morning video, there is no evidence on the record for the Court to make a finding of fact that I was warned to keep
my voice down in the morning.
4) THERE IS NO FACTUAL BASIS ON THE RECORD OR IN REALITY, PURSUANT TO THE RULES OF
EVIDENCE AND THE RULE OF LAW, THAT ALLOWS THIS FINDING OF FACT
With regard to Item 11, I request Deputy Vai's name and badge number multiple times and it was not provided.
With regard to Item 26, from memory and my notes and other records, Officer Vai said I did not swear at him, as opposed to that
he did not recall whether I did or not. I never swore at officer Vai.
And 6 points which should have been made part of the Findings of Fact: