Nisswa’s Former Mayor Looks to have Disorderly Conduct Case Dismissed

Nisswa’s Former Mayor Looks to have Disorderly Conduct Case Dismissed

February 6, 2021 News -- KKIN-KFGI-KLKS-WWWI 0

The former Nisswa mayor, Fred Heidmann, is seeking the disorderly conduct case to be dismissed from the Aug. 29 citation of two misdemeanors – obstruction of the legal process and disorderly conduct. The charge of obstruction of the legal process was already dismissed in December, and Heidmann also is seeking to have the disorderly conduct case dismissed, citing several errors made in the charging documents.

The Aug. 29 citation arose after Nisswa and Pequot Lakes police officers were in the midst of conducting a Toward Zero Deaths traffic stop unrelated to Heidmann, when Heidmann began videotaping the traffic stop and then walked across the four-lane highway toward the vehicle that was pulled over. According to police reports, Heidmann was advised he could videotape the incident but was told to stand back away from the highway to be safe. Heidmann asked what the officers were doing and why they stopped the vehicle and words were exchanged.

The state filed its initial discovery materials Dec. 7, which included police reports and squad and body camera videos from the incident. Heidmann appeared before a remote court Dec. 16, and at that time there was no formal complaint filed. At the hearing, Judge Charles Halverson gave the state two weeks to file a formal complaint against Heidmann.

According to a Dec. 29 letter written by Hagley to Judge Patricia Aanes, the state didn’t believe there was probable cause to prosecute Heidmann for obstruction of the legal process and dismissed the count in the interests of justice.

That leaves the disorderly conduct charge, which Heidmann is scheduled to be arraigned on Feb. 10 in front of Judge Christopher Strandlie.

Hagley wrote a letter to district court Jan. 21 addressing errors made in filing documents in the case. He stated as an attorney in St. Louis County, he does not have access to eCharging — the standard method of approving charging documents in Minnesota — for Crow Wing County and cannot sign complaints through eCharging on behalf of the Crow Wing County Attorney’s Office.

Hagley consulted with Crow Wing County Court Administration and it was determined the best way for him to issue a charging document without eCharging was to manually prepare and sign a document.

Heidmann filed a motion with the court to dismiss the Jan. 26 amended complaint of disorderly conduct with prejudice; to order a hearing to show cause to the misconduct of the state; and to report it as required under the Code of Judicial Conduct Rule.

In Heidmann’s document, he pointed to errors made by the state that caused him to place his business on hold for multiple days, causing him hardships, money and emotional turmoil. Heidmann stated continued misconduct by the state, numerous judges and subsequent conflicts made the case ripe for appeal.

In the memorandum, Heidmann stated the prosecution bungled the case in several areas, including listing the wrong jurisdiction, accidentally dismissing the case when the obstruction charges were dropped, reopened the case without proper notice, refiling amended complaints and other issues.

On Jan. 25, Heidmann asked the court to strike the Jan. 21 filing due to its untimeliness and what were described as continued fatal errors. The motion is yet to be heard, the court document stated.