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					Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT COURT FILE NO.: _____________ PROSECUTOR FILE NO.: 2078486

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 9th day of February, 2009, in Ramsey County, Minnesota, the defendant, CINDY KAYE ADLER did wrongfully and unlawfully intentionally take, obtain, retain, or fail to return a minor child of the age of 6 years from Rafael Espinosa, the child’s parent, in violation of a court order, and that action manifested an intent substantially to deprive that parent of rights to parenting time or custody. Said acts constituting the offense of Depriving Another of Custodial Rights in violation of MN Statute: §609.26.1(3); 609.26.6(a)(1) Maximum Sentence: 2 years or $4,000 fine, or both. COUNT 2 On or about the 9th day of February, 2009, in Ramsey County, Minnesota, the defendant, CINDY KAYE ADLER did wrongfully and unlawfully intentionally take, obtain, retain, or fail to return a minor child of the age of 9 years from Rafael Espinosa, the child’s parent, in violation of a court order, and that action manifested an intent substantially to deprive that parent of rights to parenting time or custody. Said acts constituting the offense of Depriving Another of Custodial Rights in violation of MN Statute: §609.26.1(3); 609.26.6(a)(1) Maximum Sentence: 2 years or $4,000 fine, or both.

v. Cindy Kaye Adler (DOB: 04/23/1974) Current Address Unknown

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Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your complainant, Ken Jensen, is a licensed peace officer in the State of Minnesota and an investigator with the St. Paul Police Department. Having read and reviewed other police reports of which he is familiar and having conducted his own investigation into the matter, states the following to be true and correct: On February 9, 2009, St. Paul police took a report of missing children from Rafael Espinosa, d.o.b. 5/21/1970. Mr. Espinosa reported that his two children identified as M. M. A-E., d.o.b. 1/20/2000 (age 9 years) and R.E.E., d.o.b. 1/26/2003 (age 6 years), had not been returned this morning by their mother, CINDY ADLER, d.o.b. 4/23/1974. Cindy Adler had taken the children for a scheduled weekend visitation on Friday, February 6th and had not returned them on Monday morning, February 9th. Rafael Espinosa described attempting to call Cindy Adler by phone without success. He said that he had driven by the house where Cindy Adler lives in St. Paul and found no one home. Rafael Espinosa has sole legal and physical custody of the children as governed by an Order of the Hennepin County Family Court, issued on December 22, 2006 in Ct. File(s) 27 FA 52912 and 27 FA 52834. The children live with Rafael Espinosa at his home in St. Paul, Ramsey County. Espinosa stated that there was a hearing on visitation scheduled in February of 2009 during which time the issue of limiting Cindy Adler’s visitation of the children to be supervised visitation was to be heard. He believed that she had left the area with the children and may be headed to her parents in Wisconsin. Your complainant contacted the Buffalo County Sheriff’s Department where the parents of Cindy Adler reside in Cochrane, Wisconsin. The parents, identified as K. and R. S. were contacted by a Sheriff’s Deputy who reported that they had not seen their daughter or the children in a month. Your complainant contacted the last known employer for Cindy Adler, IC Systems, and was told that she no longer worked there. Efforts to locate Cindy Adler and the two children have proven unsuccessful. Cindy Adler, by her purposeful failure to return the two children, M.M. A-E. and R.E.E., is depriving Rafael Espinosa of parental rights as established in a lawful court order.

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Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
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: Kenneth Jensen 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: 02/11/2009 PROSECUTING ATTORNEY’S SIGNATURE: ____________________________________ Name: David E. Miller Assistant Ramsey County Attorney 50 West Kellogg Blvd, #315 St. Paul, MN 55102 651-266-3222/jh Attorney Registration #151956

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*2078486-1*
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: $7,500.00 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. CINDY KAYE ADLER 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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Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
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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Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
DEFENDANT DATA / CHARGE SHEET – ATTACHMENT A

DEFENDANT NAME:
Defendant alias name(s): Defendant last known address: State ID: Fingerprint ID: FBI ID: St. Paul PD ID: Offender ID:

CINDY KAYE ADLER

DOB: 04/23/1974
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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Cindy Kaye Adler Co. Atty Complaint No: 2078486-1 Court File No.:

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*2078486-1*
FELONY WARRANT COMPLAINT CT OFFENSE STATUTE STATUTE NO DATE TYPE NBR STATUTE DESCRIPTION OFFENSE LEVEL MOC G O C AGENCY ORI CN NBR FUNCTION

1 02/09/2009

Charge

609.26.1(3)

Penalty

609.26.6(a)(1)

Deprive-Custody/Parent Rights-Violation Court Order -Take Minor Deprive Another of Custodial or Parental Rights-2Yr Penalty Deprive-Custody/Parent Rights-Violation Court Order -Take Minor Deprive Another of Custodial or Parental Rights-2Yr Penalty

F

K6C91

N St. Paul Police Dept. ORI - MN0620900 CN - 09026500 Charging

2 02/09/2009

Charge

609.26.1(3)

F

K6C91

Penalty

609.26.6(a)(1)

N St. Paul Police Dept. ORI - MN0620900 CN - 09026500 Charging

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