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					Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

Page: 1 of 8

*2085162-2*
STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2085162

State of Minnesota, Plaintiff, FELONY CRIMINAL COMPLAINT Summons Warrant Order of Detention Amended Certified Juvenile EJJ Defendant. The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s): COUNT 1 On or about the 11th day of May, 1977, in Ramsey County, Minnesota, the defendant, RICHARD HUBERT IRELAND JR. did unlawfully cause the death of Martin John Shemukenas with intent to effect the death of Martin John Shemukenas. Said acts constituting the offense of Murder in the Second Degree in violation of MN Statute: §609.19.1(1) Maximum Sentence: 40 years.

v. Richard Hubert Ireland Jr. (DOB: 05/10/1950) Current Address Unknown

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Richard Hubert Ireland Jr.

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STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your complainant is an investigator with the St. Paul Police Department and bases this complaint on a review of reports and upon her own investigation. Officers Schmidt and Timm of the St. Paul Police Department report that on May 11, 1977 at approximately 9:42 p.m., they were dispatched to 1914 Chelton, St. Paul, Ramsey County, MN., on a call of a man found tied up. Upon arrival, they spoke with the caller, the building owner who stated that he had gone into the apartment of 30 year old male victim, Martin John Shemukenas, d.o.b. 2/20/47, and observed him to be naked and bound. Upon entering, the officers observed Shemukenas on the couch slumped face down. Officers noted that his hands were tied behind his back with electrical cord. There was electrical cord down his leg and the victim’s mouth appeared to have been taped. The victim’s throat was cut and a fork stuck in his chest. In a nearby bed, officers observed much blood, five knives, a scissors, and a roll of tape. Officers stated that the knives, and many objects in the room as well as a yellow broom handle appear to have been smeared with Vaseline. Officers did not observe any Vaseline on the hands of the victim. Officers noted that the kitchen drawers were open and appear to have been rifled through and on the kitchen counter were several rolls of masking tape. Officers also observed that the victim had been castrated. Shemukenas was pronounced dead at the scene and officers noted that post-mortem lividity was also present. From the amount of blood on top of the bed and the lack of blood on the couch where the victim was found, officers concluded that the attack had occurred on the bed but the victim moved or was moved to the couch. St. Paul Police Department Crime Lab was called to the scene and among numerous latent prints found at the scene, officers lifted a latent print off of a metal cabinet located in the kitchen of the victim’s home. Investigation revealed that friends and family had last seen the victim on May 8, 1977 at 7:00 p.m. and last talked to him on May 10 at 6:00 p.m. Through investigation, officers learned that Martin Shemukenas was a known homosexual. The St. Paul Police Department Homicide Unit did an extensive investigation ruling out many persons linked to or acquainted with Martin Shemukenas. Officers were unable in 1977 to match the latent print found on the metal cabinet in the kitchen with any known persons in this investigation. The St. Paul Police Department Crime Lab eventually recovered from the bed six knives as well as a pair of scissors and a roll of masking tape referred to above. The crime lab also recovered from the body of the victim, fingernail scrapings and hair. Dr. Woodburn, the Ramsey County Coroner, notes in his report of the autopsy of Martin Shemukenas dated May 12, 1977 that he observed a laceration of the left carotid artery, a laceration to the victim’s abdomen, a laceration to the victim’s scrotum resulting in the victim’s testicles being removed, and a two- tined fork stuck in the victim’s chest. Dr. Woodburn concludes that the cause of death as exsanguination from lacerations, and the manner of death a homicide. Officers Anderson and Hayes of the St. Paul Police Department report that on July 15, 1982 at approximately 12:16 a.m., they were dispatched to 111 East Kellogg, St. Paul, Ramsey County, MN., on a call of a child molestation. Upon arrival, officers spoke with the 15 year old male victim who stated that around midnight while in the sauna at the apartment complex, a man in a white swimsuit with blue and red striping on it and a blue towel, later identified as RICHARD HUBERT IRELAND, DOB: 05/10/50, had approached him and kissed him on the mouth. Ireland then left but returned a short time later, began to rub his hand on the 15 year old victim’s leg and then put his hand inside the top of the boy’s swimsuit. The 15 year old boy then got up and got security guards. The security guards found Richard Ireland on the sun deck and the 15 year old male victim
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Co. Atty Complaint No: 2085162-2 Court File No.:

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positively identified Ireland. Officers went with Ireland to his apartment where police found a wet white swimsuit with blue and red striping on it as well as a wet blue towel. Richard Ireland was arrested. Police attempted to interview Ireland but he refused to give a statement. Ireland was later charged and convicted of Attempted Criminal Sexual Conduct in the Fourth Degree for the above incident. Officers Hanson and Corcoran of the St. Paul Police Department Crime Lab report that on July 7, 1983, they compared the inked impressions on the known fingerprint card of Richard Hubert Ireland to the latent fingerprint impression which had been lifted from the outside door on the metal cabinet in the kitchen of the homicide victim, Martin Shemukenas. Officers concluded that the unknown latent fingerprint impression was made by the right thumb of Richard Ireland. Officers Pye and Westphall of the St. Paul Police Department then interviewed Richard Ireland on July 8, 1983 in a non-custodial interview at his work place. They showed Ireland a photograph of the homicide victim Shemukenas and he denied knowing who he was. Officers told Ireland the name of the homicide victim and he stated that he did not know Shemukenas. Officers gave Ireland the timeframe of the homicide and where Shemukenas lived and he stated that he was not familiar with that address. Officers requested new fingerprints from Richard Ireland as well as hair samples and he said he wanted to check with an attorney and call them back. Police later contacted Ireland on July 11, 1983 who stated that he would not come in to give fingerprint or hair samples. On July 12, 1983, police obtained a search warrant for the fingerprint and palm prints as well as the head, facial and pubic hair of Richard Ireland. The search warrant was executed that same day by officers who brought Ireland to the St. Paul Police Department. Upon completion of the search warrant, they returned Ireland to his workplace. These hair samples were submitted to the Minnesota BCA laboratory where they were determined not to match the hair taken from a knife and bottle found at the crime scene. Officer Muldoon of the St. Paul Police Department reports that she and other officers were assigned in 2008 to investigate cold case homicides. Officer Muldoon submitted numerous pieces of evidence recovered by police at the crime scene during the investigation of the murder of Martin Shemukenas through the Minnesota BCA Forensic Science Laboratory for DNA analysis. Officer Muldoon learned that Richard Ireland was currently living in Duluth Minnesota. Officer Muldoon contacted Duluth police officer Marquardt who drafted out a search warrant to obtain a DNA salvia sample from Richard Ireland. This search warrant was executed by Officer Munoz (retired) of the St. Paul Police Department Cold Case Unit as well as Officer Marquardt of the Duluth Police Department on Richard Ireland at his residence at 625 West Second Street in Duluth on May 19, 2009. Police recovered from Ireland a salvia sample. Police told Ireland they are investigating an old homicide from 1977 where a young man was murdered and Ireland said he couldn’t remember anything about something like that. This salvia sample in the form of a buccal swab from Richard Ireland was submitted to the Minnesota BCA Forensic Science Laboratory. Ann Ciecko, a forensic scientist with the Minnesota BCA Forensic Science Laboratory states in a report dated July 2, 2009 that a DNA profile was obtained from the pair of scissors police recovered from the bed of Martin Shemukenas that indicates a mixture of DNA from two or more individuals. The predominate male DNA profile obtained from this item matches the DNA profile obtained from Richard Hubert Ireland. She concludes that the probability of selecting an individual at random from the general population having a DNA profile that would match the predominate DNA profile obtained from the scissors is approximately 1 in 35 billion. She also notes in her report that a partial male DNA profile was obtained from 11 other items recovered from the victim’s apartment that does not match the DNA profile obtained from Richard Ireland and a search of the Minnesota DNA databases did not detect a match with this DNA profile. Officer Muldoon notes that on September 18, 2009, she went to Duluth Minnesota to attempt to arrest Richard Ireland but found that he had left his residence and left no forwarding address.
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Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

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Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant’s appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANT’S NAME: Anita Muldoon COMPLAINANT’S SIGNATURE: ____________________________________

Subscribed and sworn to before the undersigned this ______ day of _________, 20_____. NAME/TITLE: SIGNATURE:

____________________________________

____________________________________

Being authorized to prosecute the offenses charged, I approve this complaint. Date: 09/21/2009 PROSECUTING ATTORNEY’S SIGNATURE: ____________________________________ Name: Robert A. Plesha Assistant Ramsey County Attorney 50 West Kellogg Blvd, #315 St. Paul, MN 55102 651-266-3222/jh Attorney Registration #87178

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Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

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*2085162-2*
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense.

SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the ____ day of ____________, 20___ at _______ before the above-named court at _______________________________________________ to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

Execute in MN Only

WARRANT Execute Nationwide

Execute in Border States

To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the abovenamed court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.

ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings.

Bail: $500,000.00 Conditions of Release:
This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ______ day of _____________, 20_____. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: ___________________________________

Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF RAMSEY Clerk’s Signature or File Stamp:

STATE OF MINNESOTA STATE OF MINNESOTA Plaintiff, vs. RICHARD HUBERT IRELAND JR. Defendant.
RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT - WARRANT upon the Defendant herein named. Signature of Authorized Service Agent: _________________________________

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Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

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FINDINGS OF FACT Probable cause found that defendant committed the offenses charged. Ordered defendant's motion to dismiss denied. Plea of not guilty to all counts entered. Trial and hearing on all issues set.

Dated: ________________________

_______________________________________ JUDGE OF DISTRICT COURT

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Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

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DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A

DEFENDANT NAME: RICHARD HUBERT IRELAND JR.
Defendant alias name(s): Defendant last known address: State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID: Richard R. Ireland

DOB: 05/10/1950
Alias DOB(s):

OTHER DEFENDANT / CASE IDENTIFIERS:
Fingerprinted? No Yes Yes (Issuing Agency: ) No Handgun permit? Location of violation: IF DRIVING OFFENSE: Driver's License Number: License Plate Number: Accident Type: No injury/no damage check all that apply Personal Injury Blood Alcohol Concentration (BAC):

Issuing State: Issuing State: Property Damage Fatality

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Richard Hubert Ireland Jr.

Co. Atty Complaint No: 2085162-2 Court File No.:

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*2085162-2*
FELONY WARRANT COMPLAINT CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION St. Paul Police Dept. ORI - MN0620900 CN - 77046471 Charging

1 05/11/1977

Charge

609.19.1(1)

Murder - 2nd Degree With Intent-Not Premeditated

F

H2030 N

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