) SS
Sandra Henkels Johnson, being first duly sworn on oath, hereby deposes and
states the following:
1. Your affiant is an associate city attorney for the City ofBloomington and
2.
On August 7 1997, your affiant had a telephone conversation with
defendant/respondents attorney, Larry B. Leventhal concerning the status of this
case. Mr. Leventhal informed me that the defendants would be calling
approximately three witnesses from the Mall ofAmerica at trial in support
of
defendants' claim of right defense for the purpose ofproving that it would have
been futile for the them to seek the Mall ofAmerica' s permission to conduct
their demonstration there.
3.
Attached hereto as Exhibit 1 is a true and correct copy of the police
reports, including criminal citations in these cases.
4. Attached hereto as Exhibit 2 is a true and correct copy of the reports of the
Mall ofAmerica security officers in these cases.
5.
Attached hereto as Exhibit 3 is a true and correct copy
of
 
6 Attached hereto as Exhibit 4 is a true and correct copy o the State s
Proposed Findings o Fact in these cases.
7 Attached hereto as Exhibit 5 is a true and correct copy o the handbill
being distributed by defendants in these cases.
8 Attached hereto as Exhibit 6 is a true and correct copy o the Mall
o
America s private rules o conduct effective on the offense date herein, May 19,
1996.
9
Attached hereto as Exhibit 7 is a true and correct copy o the Mall
o
America s community booth guidelines/regulations/application packet.
10. Attached hereto as Exhibit 8 is a true and correct copy o Judge Nordby s
December 12, 1996, order in these cases.
11 Attached hereto as Exhibit 9 is a certified copy
o
Judge Nordby s August
5, 1997, decision in State o Minnesota v Michael Derwood Jones Hennepin
County District Criminal Court File 96091947.
Further your affiant sayeth naught.
Dated:r ;f 7
 
The police reports, including criminal citations in these cases . . . . . . . . . A-1
2. The Mall ofAmerica security officers in these cases . . . . . . . . . . . . . . . . A-8
3.
by
counsel in these cases. . . . . . . . A-21
4. State s Proposed Findings ofFact in these ca se s A-24
5. Handbill being distributed by defendants in these cases A-35
6. Mall ofAmerica s private rules of co.nduct effective on May 19 1996.. A-37
7. Mall
State o Minnesota v Michael Derwood Jones
Hennepin County District Criminal Court File 96091947. . . . . . . . . . . . . A-46
10. Transcript
4
FAX: 948-3936
C r 1 f r l , ~ e ; 1 . . . - r r c ; ~ o;S S
Sector
5h
Address of Incident (Street, Apt.,City, State, Zip) Name of Location/Area
0 0 2 7 1-\ (7t. :c-
SO
0 m ~ r 1c .a_ . .
t - - - - - 0 ; ; . . ; c c = u r r . ; . . ; e ; . . ; ; ; d ; . . ; ; O ; . . : . n / : . ; . F . . ; . . r o ; ; . ; . m ; . ; . . _ ~ - - - - - l i ; . ; : o + - - - - _ _ ; . R . : . : e : . c : . o : : ; ; . r t . : = e : . : : . d - = O ~ n - - - - - l Report:
Month
Day Year Ttme
Month Day Year Ttme Month Day Year Ttme OJ Counter W
Phone
Mail-In ' :other
[§]
Issued: Y e s [lJ No
~ · Solvability Factors · ~ · . . . · Other Factors -
Victim/Suspect Relationship?............ ITJ Yes
Race ·f j M
Name
. f
0
6
School/Grade
Booking/CitationNo.
lJ Arr ~ t e d U Sus U Wit U
Name Race
School/Grade
Booking/CitationNo.
49t:C0'2G3 ·
::i..
Age
Race
Identifying Features
. . . . . , . ~ - · - 1 < 7 ' - > e . ~ ~ ~ ' - X t _ e _ l ~ ~ - ~ n ~ - - - - / l - ? ~ . . . _ ~ _ = - . ; . .  ~ X ~ ~ - - v . . . _ e _   _ 1 ~ ~ ~ ~ - ~ ~ - - ~ l - ~ _ C J ~ ~ ~ - - - - - -   . . . _ . ' ° ' ~ ~ ~ ~ ~
Chief / Telp ,
Clerk I Patrol / lnvtst ~ ' t y / c;urt / Corner Hea th
Other
42-001.
 
Bu lariesfThefts
Crime Location
I. Entry ...........Exit II. Entry ...........Exit No. of Premises Method of Entry Implement Used Burglary Elements
• Formi.ett with Victim
Property Loss Damage ·
D=Damaged L=Lost S=Stolen F=Found R=Recovered
Code:
Damaged
Stolen
TOTAL
TOTAL
Vehicle:
 
Features
..
 
 .
below committed the offense described in
violation of the section indicated.
TYPE - <
MO · f . · • -
_
penalty
3 -
. : ... .
-.. ; . ,   .
, .
.
  · ·
below committed the ottense described in
violation of the section indicated.
~ r i l l j @ ]   ~ ~ ~ u ~ p t ~ ~ t i ; b ~ 4 f + i { J \ f i :
DRIVER'S LICENSE NUMBER
assessed and
your
{If
...
·· ···
· ·.: ..
 
. :: ..
·.·.
.·
.·•
...
.
; . ::.-: :_
- -. : :<< ..
~ ~ ~ ~ : : : · . :
. ... . ..
. .
,_,. ;__
; ; ;
  _
. ~ , - ~ _
 
below commined the offense described in
violation of the section indicated.
SPEC GCY
If you fail to spond to this citation within 7 days increased penalties will be
assessed and a warrant may be issued for your
arrest..
If
penalty of 530.00 will be added to the fine
=
·
·· :. · ·
.
 
M O ~ Ol/95) · - .
I f c;. ro
Name
Phoae Namber
Br.oadway, Bloomington,
incident
o<;.CDrrW.
If co11>plainl i$ unfounded, ~ p l a i n why,
S S;I 0 )
P N
~ - '
l , ' ' , . L . ~ ; . , , , ; _ : , _ - - _ : . . I Y 1 ~ , . J : : ' . . . . . _ ~ ~ ~ = - - = ~ : . . . . . . : : : . , _ ~ ~ ~ ~ ~ ~ ~ ~ . : : : = . . ~ ~ = - - : : . ~ _ : : ; : : Q , , , , : ~ c z : : l l : ; : ; . _ ~ ~ ~ - = - i ......
r - - - : ~ . , ; \ y ~ - - ~ ~ - : . . . _ _ _ : . . ; _ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - 1 # ~
-
I
M Date
.
Nattative c:Ontinued}:
ancs
recipient
18 May 1996 Macy's Protesters Time Line
Macy's
11 :57
Call came
in to Safety Center from Macy's that there is Protesters
in Macy's Court
Level 2. Macy's
11 :58 107
12:02
with him on scene.
No Answer.
12:09
12:10
of
like Thom Craner Notified and updates of the situation as
it progresses.
12: 15 Thom Craner was contacted at his home residence and
advised
MOD
to
12: 16 1st Protester taken in to custody.
12: 18 Lori Meyer transferred out to Thom Craner's residence by phone.
12: 18 Second Page placed to
Virgil
custody.
12:25 4th Person taken in to
custody.
12:29
All
be posted at Macy's Court to monitor all levels.
A 11
1 ~ ; 14
. 12:30 Officer 2127 Wieser is Escorting 3 Cooperative Protesters to their Vehicle that
is
in
and waiting for the arrested parties in the Transit Hub
area.
12:58 Call placed to Security Captain Steve Cannon #103 at home to advise
him of
12:59
and was filled in
t
Tran Called the Simon Hot ;Line to advise them of the Incident at
Macy's
Court level 2.
Information: Through out incident all the MOA Management US West pagers were
down. The message
came on when
accessible
during
Incident.
..
,,-._
DATE 3- ~ £fb
TIM _ ~ _ _coMPLAINTNO. ~ = 1 ~ ~ = ~
PLACE
_ - - - - : . z ; = ~ ~ . . . . l . l o { f Z ) ~ - - ; " Z : - l _ t ~ _ \ = t t . . . . . . . . . . ·_______ SECTOR 5 b
nd I do hereby request
and
demand that e ai:. R I4_i 7 $ 1 \ + 1 - . . 1
a
PEACE OFFICER,
take and conduct this person whom I have arrested, to the nearest magistrate, to be .dealt
with according to law;
then to conduct this person tojail for safekeeping
until
the
required appearance can be arranged before such magistrate, at which time
I
then
complaint against this person for the offense which this person
has
committed,
I
will then and there, or thereafter, as soon as this criminal
action or cause
involved herein. I
will save said officer hannless from any and all claims for damage ofany kind, nature and description arising out
of said
a
member
of
the City Attorney's Office i any further action by you is
. . . . - - · ~ u . i r e c t •.. . . . ...._
, , . . . ~., ,: . . - : ~ · · · ; . . , _ ·\.-1.t.
• I
P.10/14
AND DELIVERY OF 'ERSON SO ARRESTED TO PEACE 0Fli1CER
DA E5 iq-qb T I M E _ ~ l . z _ _ _ , , . . . . . . , . 5 _____
coMPLAINT
hereby
declare and certify that I have a r r e s ~ e d
(Print)
__
ADDRES ~ . . = = . ~ l . A ~ ~ ~ ~ ~ L = ~ · _ . . . B = = ~ · ~ @ : ~ ~ U ~ l ~ ~ ~ ~ ~ ~ -
~ ~ f u ~ ~ ~ ~ o m : _ ~ _ = _ = ~ r ~ ~ c ~ ~ ~ ~ ~ 2 ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ - - - - - ~ ~ ~ - - ~
and I do hereby request and demand that ~ · R l4:.. ij.=et\\4t.J
aPEACE OFFICER, take and conduct this person whom I have arrested, to the nearest magistrate, to be dealt
with according to law;
and
i no magistrate can be contacted, then to conduct this person to jail for safekeeping
until the required
appearance can be arranged before such magistrate, at which time I shall
be
present
then and
there, sign under oath. the appropriate complaint against this person for the offense which this person
has committed, and for which I made this arrest;
and I wiU then and there, or thereafter, as
soon as this cnminaJ
action or
cause can
be heard, testify under oath of, and concerning the facts and circumstances involved
herein. I
will
save said officer harmless from any and all claims for damage of any kind, nature and description arising out
of said officer s acts
at my direction. ·
MAKING
Person making arrest will be contacted by a member of
the City Attorney's Office if any further action by you is
required.
........... . .-
-
AND DELIVERY OF P,ERSON SO ARRESTED TO PEACE OFFICER
DATE 5 tq ftb TIME z__,{<5=-----_COMPLAINTNO. Cfb 1
°313
a PEACE OFFICER, take and conduct this person
whom I have arrested, to the nearest magistrate, to be dealt
with according to law; and if no magistrate can be
contacted,
safekeeping
until the required appearance can be arranged before such magistrate, at which time I shall b ~
present and I will,
then and there, sign under oath, the appropriate complaint against this person for the
offense which this person
has committed, and for which I made this arrest; and I will then and there, or thereafter, as soon
as this criminal
action or cause can be
heard, testify under oath of, and concerning the facts and circumstances involved
herein. I
will save said officer hannless from any and all
claims for damage of any kind, nature and description arising out
of said officer's acts at my direction.
--,..... _..
Carbon - To person
I ( S I ~ )
j
I \
 
Business
of
the City Attorney's Office if any further action by you is
required.
A-LS
u ~ v v . 1 . • . a . u • . . . . . . . . . . . . . . .
-
--
.
AND DELIVERY OF P,ERSON SO ARRESTED TO
PEACE OFFICER
__
 
a PEACE OFFICER, take and conduct this person whom I
have
nearest m a g i s t r a t ~
to be dealt
with according to law; and i fno magistrate can be contacted, then
to conduct this person
to jail for safekeeping
until the required appearance can be arranged before such magistrate, at which
time I shall be present and I will,
then
and
the appropriate complaint against this person for the offense which
this person
has committed, and
for which I made this arrest; and I will then and there, or thereafter, as soon as this
criminal
testify under oath of, and concerning the
facts
and
of
· ··
~ ·
_,, .. • ..
MAKING nns ARREST . •,'.
Name f + p
fifrM m , ~ ? < ) lfflli
Person making arrest will be contacted by a member of
the City Attorney s Office if any further action by you is
required.
A-tb
(Bloomington
City ordinance 12.07.01)
Name: E..<ktti. ( J t ~ Q . , ~ 1 J 0 1 / Date
of
i
Laa .
~ . . . .
Parent s Name (If
You are
hereby given
may have
withdrawn.
Ordinance
Section 12.07.0 I, you may. not enter upon such property prior to the e piration of his notice for
any
purpose
permission of the a g e n ~
of he
entire Mall
the following period and shall expire upon the
date specified:
Notice Expiration Date
The following person is authorized to modify, amend or rescind this TRESPASS
NOTICE , however, any such modification, amendment or recision must be in writing to
be effective:
Manager of Security
9?-1in
I acknowledge receipt o f ~ copy of this TRESPASS NOTICE.
1 - ~ f t ? > f 0 1{ f-16 ,J isLlJZ-
4
S---lf- t/ ,,
Date
Origi11al Copy: Mall of Amc:riea Securi1y Yc:lluw Copy: Blooming1on Police Dept. Pink
Copy: Pc:rson served notice
permission
upon
In accordance
upon
such
property priorto the expiration of his notice for
any purpose without the c ~ p r e s s written pennission of
the
this TRESPASS NO ICE is issued is as follows:
~ G ; p 7 e
entire Mall ofAmerica property.
This TRESPASS NOTICE is valid for the following period and shall expire upon the
date specified:
-
~
The following person is authorized to
modify, amend or rescind this TRESPASS
NOTICE , however, any such modification, amendment or recision must be in writing to
be effective:
q t - r3 f 5
I
I acknowledge receipt of a copy of this TRESPASS NOTICE.
ge£..i sel io :2 R
ppJ V {3 7
SPASS
o·r= tf fb
Original Copy: Mall of America Security Yellow Copy: Bloomington Police
~ p t .
A 18
JUL-24-1996
0s:1s
w . '
. . Trespass Notice
Date
ofBirth
Middle
State:
t11ti/
Juvenile :
You are bereoy given ~ o t i c e that llny pennission or license you may have previously enjoyed to enter upon
the
In
accordance with Bloomington City
Ordinance Section i 2 . 0 7 . 0 I ~ ·you may not
enter
upon
he
This TRESPASS NOTICE
covers the entire
Mall ofAmerica property.
NOTICE
is valid for the following period and shall expire upon the
date specified:
Period of Notice Expiration Date
The following person is authorized to modify, amend or rescind this TRESPASS
NOTICE , however, any such modification, amendment or recision must be
in
Manager of
Security : f
•
I acknowledge receipt of a copy of this TRESPASS NOTICE.
W \fL.'L. Tl>SL6tJ
Signature of Person Served Date
Original Copy: Mall of Amc:rica Security Yellow
Copy: Bloomington Police
A-t9
MALL OF AMERICA MN
City:
Zip Code:.t:KS'S-::/:
. P a r e n ~ s Name (If u v e ~ i l e ) :
Yoµ are hereby given notice that any pennission or license you may
have
the Mali of America
is hereby revoked and withdrawn. In accordance with Bloomjngton City
Ordinance Section 12.07 .0 I,
you may
rtot enter upon such property prior to the expiration of his notice for
any purpose without
~ s u e d
the
date specified:
Period of
Expiration Date
The following person is authorized to modify, amend or rescind this TRESPASS
NOTICE t however, any such modification, amendment or recision must be in writing to
be effective:
Manager of Security
MOA Case # ft-- 7 ~ c f t / L / BPD Case
# 9 •
7 ?fl
I a c k n o w i e d g e . . x : e c ~ i o t of a copy ofthis.TJU;SPASS NOTICE.
~ ~ / ' i. \ a - ~
Signature ofPerson Served Date
of
America Security Yellow Copy Bloomington Police Dept. Pink Copy: Penon served notice
A ZIJ