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Michael Frederick Schmidt Criminal Complaint

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					_______________________________________________________________________________

STATE OF MINNESOTA                                                        DISTRICT COURT
COUNTY OF DAKOTA                                                  FIRST JUDICIAL DISTRICT

                                                     COURT FILE NO. ________________
                                                COUNTY ATTORNEY FILE NO. CA-10-0812
                                                   CONTROLLING AGENCY: MN0190300
                                                         CONTROL NUMBER: 10004206

________________________________________________________________________________

State of Minnesota,

                       Plaintiff,                                              [ ] SUMMONS
                                                                              [X] WARRANT
                                                                   [ ] ORDER OF DETENTION
v.                                                                             [ ] AMENDED

MICHAEL FREDERICK SCHMIDT
3670 SIRETT COURT
HASTINGS MN 55033
DOB: 10-25-68
                 Defendant.


                                            COMPLAINT

       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 I

CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE
M.S. § 609.342, subd. 1(a), subd. 2(a); 609.101
0-30 years and/or $12,000-$40,000
MOC: L1441            GOC: N
[X] Felony           [ ] Gross Misdemeanor      [ ] Misdemeanor           [ ] Petty Misdemeanor

That on or about April 24, 2010, in Dakota County, Minnesota, MICHAEL FREDERICK SCHMIDT,
engaged in sexual penetration with another person, the complainant is under 13 years of age and the
actor is more than 36 months older than the complainant.




                                                   1
                               STATEMENT OF PROBABLE CAUSE

       The Complainant states that the following facts establish probable cause:

       Your Complainant is a police officer with the Hastings Police Department. In that capacity I

have reviewed the police reports and believe the following to be true.

       On Saturday, April 24, 2010, a nine month old girl was brought to an emergency room in

Hastings by her maternal aunt. The girl had injuries to her vaginal and anal areas. Due to the severity of

the injuries, the girl was transported by ambulance to St. Paul Children’s Hospital where her injuries

were surgically repaired. The aunt’s husband, fully identified as Michael Frederick Schmidt, date of

birth 10/25/68, told medical personnel that he and his wife had been babysitting their niece at their home

in Hastings, which is in Dakota County, Minnesota. Schmidt stated that he had been changing the girl’s

diaper on their living room couch. She had defecated in her diaper. He stated that he had turned away

briefly, and the girl appeared to be rolling off the couch, so he grabbed at her to keep her from falling.

The girl’s vaginal and anal areas were slippery, he said, from diaper wipes, and he thought he had a

hangnail on one of his fingers that perhaps cut her. He told his wife what had happened, and due to the

severity of the bleeding, which did not lessen, the aunt drove the girl to the emergency room. The

parents of the girl reported that the girl had been with her aunt and uncle since about 3 p.m. that day.

The father reported that his sister-in-law called him at around 10 p.m. and advised she was taking their

daughter to get stitches. The father called his wife, and they proceeded to the hospital. The surgeon

reported that the injuries to the girl included superficial tears in her anal sphincter, and a tear which

gaped widely at the girl’s perineum, and extended through the girl’s hymen, continuing the length of her

vagina to her cervix. Doctors have advised that the nature and extent of the injury is highly inconsistent

with Schmidt’s explanation of how it was caused.




                                                    2
NOTICE: You must appear for every court hearing on this charge. A failure
to appear for court on this charge is a criminal offense and may be punished as
provided in Minn. Stat. §609.49.


Complainant requests that Defendant, Michael Frederick Schmidt, 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                                  COMPLAINANT’S SIGNATURE


______________________________                      ______________________________


Subscribed and sworn to before the undersigned this 5th day of May, 2010.

NOTARY STAMP:                                       SIGNATURE


                                                    _______________________________
                                                    Notary Public



Being authorized to prosecute the offenses charged, I approve this complaint.

Date:                        (bjt)           PROSECUTING ATTORNEY SIGNATURE:


                                             __________________________________
                                             Name: Nicole E. Nee
                                             Assistant Dakota County Attorney
                                             Dakota County Judicial Center
                                             1560 Highway 55
                                             Hastings MN 55033
                                             (651) 438-4438
                                             Attorney Registration No.: 152006




                                                    3
                                        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 date stated on
the attached Notice of Hearing before the above-named court at Dakota County Judicial Center, 1560 Highway 55, Hastings,
Minnesota, 55033 to answer this complaint.

IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

                                                     [X] WARRANT
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 above-named 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.

            [ ]Execute in MN Only          [X]Execute Nationwide         [ ]Execute in MN and Border States

                                            [ ] 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: $
Conditions of Release:

This complaint, duly subscribed and sworn to, issued by the undersigned Judicial Officer this 5th day of May, 2010.

JUDICIAL OFFICER:                                              SIGNATURE:
NAME:
TITLE: Judge of District Court                                 /s/___________________________________
                                                               Judge

                                COUNTY OF DAKOTA                Clerk’s Signature or File Stamp
                               STATE OF MINNESOTA


             STATE OF MINNESOTA
                                                Plaintiff,                         RETURN OF SERVICE
                   vs.                                          I hereby Certify and Return that I have served a copy of this
                                                                COMPLAINT upon the Defendant herein named.
MICHAEL FREDERICK SCHMIDT
                                                                   Signature of Authorized Service Agent:
                       Defendant.
                                                                   _______________________________________




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Description: Michael Frederick Schmidt Criminal Complaint, charging Schmidt with criminal sexual conduct in the 1st degree for raping his sister-in-law's 9-month-old baby while babysitting.