Omnibus hearings held for four
Published 12:00 am Friday, July 7, 2000
Thursday was a grueling day in Mower County Third Judicial District Court.
Friday, July 07, 2000
Thursday was a grueling day in Mower County Third Judicial District Court.
Omnibus hearings were held for four defendants in prominent criminal cases.
One of them, involving a Dexter Township farmer, lasted three hours.
Leon James Holst, 46, of rural Dexter, appeared in court with attorney Thomas C. Baudler. Holst is charged with gross misdemeanor and misdemeanor counts involving a manure spill in Dexter Township on Aug. 5, 1998.
Officials were advised of a fish kill in Dexter Creek in Section 35 of Sargeant Township and Section 2 of Dexter Township two years ago. Two boys who had been fishing in the creek observed a large number of dead fish floating in the water.
The Mower County Environmental Health Services Department and the Minnesota Department of Natural Resources and Minnesota Pollution Control Agency went to the scene and investigated the reports.
Holst told Jerry Hildebrandt, an MPCA agent, he and a hired farmhand spread between 45,000 and 48,000 gallons of liquid manure on a field next to Dexter Creek on Aug. 3 and 4, 1998. At the time, Holst said he "intended to incorporate" the manure into the soil by plowing, but rains forced cancellation of that plan.
Thursday’s hearing last three hours and involved testimony from witnesses.
Holst maintained his innocence, saying there was "no truth whatsoever" to the charges of improper manure management and that an "act of God" was responsible for the fish kill estimated by officials to be in the hundreds of thousands.
Holst and his attorney asked that the case be dismissed. It is possible a restitution agreement may negate a trial if the state is reimbursed for its costs to clean up the fish kill two years ago.
Mower County Attorney Patrick A. Oman said because of the nature of the alleged offenses, "If this goes to trial it will be a very technical trial," because of the expected testimony about manure management.
The court has 90 days to decide whether the case will be tried or to dismiss the charges.
Soliciting minors
Dallas Christiansen, 19, of Austin, also was the subject of an omnibus hearing in district court Thursday.
Christiansen was charged with soliciting sex from girls over the Internet. He has entered a not-guilty plea to the charges.
At Thursday’s hearing, Christiansen’s attorney challenged the admission of an alleged confession given to law enforcement after his arrest.
Also if the case proceeds to trial, it could become technical in another way, because evidence in the case, in part, includes computer hardware.
Christiansen’s case also was taken under advisement and a decision must be made within the next 90 days.
Embezzlement charges
Lisa Marie Andersen, 28, of Austin, and Carla Jean Stoa, 42, of rural Austin, also appeared in court Thursday.
Andersen is charged with eight counts of felony theft in connection with missing monies from the former Flower Box floral business on Main Street North in Austin.
Douglas P. Hillemeier, the owner of the business which has since closed, complained to Austin police that Andersen stole money from his business and he installed a video surveillance camera that allegedly showed her taking money while she was employed by Hillemeier.
Stoa is the former supervisor of the Austin-Mower County Law Enforcement Center’s dispatch center. She faces felony and other counts in connection with the embezzlement of monies from the LEC.
Because of a possible conflict of interest, the felony charges against Stoa will be heard in Fillmore County District Court on a change of venue. However, an omnibus hearing on the matter could be held in Mower County.
Stoa has admitted the theft of monies from LEC accounts. She was terminated from her employment with Mower County early this year when the state auditor’s investigators began their audit of financial records.
Stoa is represented by attorney William Bodensteiner.