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The issue of civil rights and due process rights is important for the country, and in microcosm, for the City of West St. Paul. There is no better place to start changing this issue for the better than at a local level. Admittedly, the City of West St. Paul does not handle "major crimes" as these are by and large handled at federal, county and state levels. However, it is unfortunate that West St. Paul has been involved the the scandalous Metro Strike Force matter and other cases of questionable merit and judgment, for example but not limited to, the Krengel case, for more info, follow THIS LINK.

The history of these rights is long and shows how critical they are to our free economy and middle and working classes existence; in brief summary:

Up to the time of the Magna Carta (click heer for more info on the Magna Carta, 1215 AD, Western Civilization was essentially a feudal one, the very rich and serfs, or essentially indentured servants. There was no middle class and no free enterprise at that time, all wealth was owned by the very rich and only the rich nobility had civil rights and rights to due process in criminal courts. As the trading class began to emerge they began to demand the rights to due process of law, which was essentially a requirement that "the crown" show cause for arrest, state facts justifying the charges and show evidence/witnesses so a fair trial could be had. The Magna Carta formalized these early rights, and thereby allowed the newly emerging middle class of traders to have enough stability and freedom from onerous and unjust prosecution that their earned wealth and ability to trade freely was not able to be easily be threatened by the whim of the crown.

Going back to the "good ole days" does not include dispensing with rights codified by the Magna Carta, as times before that were not the "good ole days" at all.

These rights have expanded over the centuries in all of Western Civilization and are incorporated into the US Constitution.

Over the past ten years or more, much fear has gripped some people, which has lead some to urge that there be a diminishing of the civil rights of others, and some prosecutors have also sought this result, with perhaps less emotional motivation.

I don't believe that the citizens of West St. Paul want the results that disregard of civil and due process rights will bring which are:

  • hostility in the community from persons whose rights have been violated, and polarization of the community which encourages fear of and anger towards others we should be cooperating with in our community
  • an increase in very, very, very, expensive and often frivolous litigation which does not solve the problems that the
    litigation seeks to solve and which often can more effectively and constructively be handled by other methods such as mediation or medical intervention
  • potential litigation against the city which could involve awards of damages against the city, fund which could be used for far better or more practical and needed alternatives, and as citizens we have to ask ourselves whether we want to spend our tax dollars on frivolous criminal prosecutions and payment in damages and costs for civil rights violations, for example the sums already paid because of the Metro Strike Force debacle

Citizens of West St. Paul and it's elected government needs to be in control of city law enforcement to ensure that we have the respect for law and the US Constitution that we need to have if we wish to have a stable and prosperous middle and working class. This is particularly necessary in a time when supervisory capacity and the overall the integrity of law enforcement and judicial standards are questioned by:

  • the Dakota County Attorney having been sanctioned by the lawyers board for abuse of ethical standards relevant to administration of justice when he threatened the the Dakota County Medical Examiner in a a murder trial in Washington County; and notwithstanding is running for office, apparently impervious to this
  • a Dakota County judge is running for reelection, notwithstanding he has been sanctioned by the Judicial Standards Board
  • deterioration in a defendant's right to legal counsel, because the State Public Defender's Office allegedly has insufficient funds to provide effective assistance of counsel, see news report, August, 2010, click here for article download

The human race has many challenges and larger sets of problems to solve in the years ahead, and wasting human and material resources on frivolous and abusive litigation will significantly limit our ability to see clearly and solve the problems that are there, in many instances unavoidably.

Citizens have contacted me, complaining that they believe their civil and constitutional rights have been violated by the current City of West St. Paul police, city government, and prosecution team, the latter of these is hired on a independent contractor basis, the cost of which has never been disclosed to citizens, or posted on the city website. The contracts for this have never been disclosed to citizens. Some other examples of what could be terms civil rights violations and/or frivolous litigation:are:

  • Noel Kalinowsky, click here


    Comment from attorney, Jack Graham, one of the founders of Hemline Law School, St. Paul, Minnesota:

    From: "jack graham" <jrgraham@oricom.ca>
    To: <MariJaynDuchene@aol.com>
    Sent: Thursday, October 28, 2010 6:33 PM
    Subject: Re: WSP City Attorney and MJ 4 WSP Mayor Mary Jane, --

"The right to be accused in language of ultimate fact, in
separate counts for separate offenses, with a citation of whatever statute,
regulation, or or other provision has been violated, is rooted in the
Statute of 2 Henry V, Chapter 5 (1541), which is one of many elaborations of
Magna Carta, and is so basic to due process that anybody who does not know
it is incompetent to practice criminal law.

To think that the old Levander law firm was charging out
cases without understanding these basis provisions is scandalous. It is
like a real estate firm that does not now how to convey a simple interest in
land, or the difference between a tenancy in common and a joint tenancy. It
is amazing that Kori Land still hasn't got it. She should not have passed
the bar examination. -- J. R. G.
"

UPDATE:

Nick Ferraro, Pioneer Press Voter's Guide wrote comment that was defamatory, clcik here to download about my character, it literally slings shit on my character, regarding a 1997 criminal case brought by the city, which was dismissed because the charges were false and had no substance, in the voter's guide. See my letter to him, click here.

See my attorney's motion in this case: click here

e-mail to Mr. Ferraro, October 20, 2010:

Article Corrections, Addendum
Mr. Ferraro:

Regarding your article that states:
"The case was thrown out of Dakota County District Court after Judge Duane
Harvis concluded the city should have sought charges through a formal
complaint."

I have been advised to request that you state the source that you relied
upon to make that statement, as you obviously did not rely on the court record
or me for that statement. It could have been provided by some other 3rd
party, other than yourself.

That statement by you is an oxymoron in terms of the legal procedure that
is involved, as I have pointed out extensively.

The legal events and statements of Judge Harvis, that transpired were
remarkable and unforgettable, as my legal counsel did not have to argue his
motion, Judge Harvis said "He (my lawyer) is absolutely right" and then Judge
Harvis went on to scold the city prosecutor for bringing an action that could
not be supported by a valid long form complaint, and stating there had been a
pattern of that, in front of a filled courtroom, filled with mainly other
lawyers for various other cases.

Thank you for your immediate response, ASAP, by e-mail.

Mary Jane Duchene

THE RESULT WAS THAT JUDGE HARVIS GAVE THE PROSECUTOR A PRESCRIBED NUMBER OF DAYS TO STATE A CRIMINAL OFFENSE THAT HAD COULD BE TRIED, BY AMENDING THE LONG FORM COMPLAINT, OR THE CASE WOULD BE DISMISSED. NO AMENDMENT BY THE PROSECUTOR WAS DONE, THE CASE WAS DISMISSED WITH PREJUDICE.

THE CHARGES WERE FRIVOLOUS. I WAS CERTAINLY NOT CONVICTED. THIS WAS AN EXAMPLE OF PROSECUTORIAL MISCONDUCT AND WASTE OF TAX PAYERS MONEY.

 

 

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Community:
• West St. Paul Native
• Sibley High
   School 
Graduate
• Disability and
   Senior Activist
• Founder and Member:
   Diabetics/Disabled
  Anonymous
• West St. Paul Resident
   and Homeowner

West St. Paul Mayoral
   Candidate, 2004

Professional:
• Owner, OpusArts LLC.
• Lecturer on US
   Culture: American
   Embassy, England
• Portrait Artist,    Revlon International
• Legal Education in    London, England,        
   and Member of  the  
   Honorable
Society       
   of Grays Inn
• BFA  in Fine Art    
   from the Minneapolis
   College of Art and
   Design

E-mail: marijaynduchene@aol.com

or call: 651 457 4376

MODEL, COMMUNITY ORIENTATED, CULTURALLY RICH, CITIES WEST ST. PAUL SHOULD EMULATE:

BLOOMINGTON:



BURNSVILLE

 

 



 

Prepared and Paid for by the Duchene 4 Mayor Volunteer Committee, 1144 Ottawa Avenue, West St. Paul, MN 55118

 

 

 

 

 

 

 

SEE: Cable TV Candidate Forums

Thank you all for voting for me in 2010!

Quality Housing Program:


•   Mary Jane will work to ensure that available federal funding is obtained for required repairs low income and senior citizens in West St. Paul, so that these citizens do not continue to be in danger of loosing their homes, from abatements added on to property taxes.


•   Mary Jane believes that the community in West St. Paul want to be caring and supportive of the disabled, low income and senior property owner, and will want to develop their neighborhood programs to include meaningful development of volunteer programs to assist these disadvantaged citizens with mandated home repairs
.

 

City Attorney:
     Mary Jane will work for the appointment of a city attorney who resides and offices from West St. Paul, not South St. Paul; and who has no conflicts of interest that impede a fair and healthy implementation of the law and ethical actions, see:

Diabetics/Disabled Anonymous:

     www.DDAWEB.org
     www.MurderbyDiabetes.org
     https://www.angelfire.com/mn3/abuseofpower/index.html

REAL ESTATE ISSUES:  
 * ALICE KRENGEL CASE
Diversity:
     Mary Jane has the experience and skill to work for a community that welcomes the disabled, seniors, and members of ethnic minorities, and which enforces laws prohibiting the taking of unethical and illegal advantage of people in these protected classes;- and will work diligently to remedy the current status quo to achieve these equitable results.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It's Time for the Change to Tolerance, Diversity
and Ethical Government in West St. Paul

New People in Government = CHANGE
STOP REVOLVING DOOR POLITICS IN WSP