_______________________________________________________________________________
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.
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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.
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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
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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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