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04-8821 Council File # O � � CrreenSheet# 3022182 RESOLUTION SAINT PAUL, MINNESOTA 0 Presented By Referred To Committee: Date 1 WHEREAS, Machaga N. Johns held a Massage Practitioner license for the City of 2 Saint Paul (license # 20030000610); and 4 WHEREAS, the Office of License, Inspections and Environmental Protec6on 5 recommended adverse action against the license based upon a police report alFeging inappropriate 6 touching of a female client; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the applicant sought and received a hearing before an Administrative Law Judge, which was held on May 12, 2004; and WHEREAS, the Administrative Law Judge issued Findings of Fact, Conclusions and a Recommendation to revoke the license; and WHEREAS, the applicant was notified of a hearing before the Saint Paul City Council on July 28, 2004 to consider the report of the Administrative Law Judge and advised of his right to make objections to the Findings of Fact and Report, but failed to appeaz at that hearing ar to file any objections; now, therefore be it RESOLVED, that the Massage Practitioner license held by Machaga Johns for the City of Saint Paul is hereby revoked FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the AL.J Report in this case dated May 28, 2004 are adopted as the written findings and conclusion of the Council in this matter. >� �' � 2 3 4 5 6 7 8 D�l — �5's �. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on May 12, 2004, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALI as referenced above and the deliberations of the Council in open session at the public hearing on 7uly 28, 2004. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrauve Law 7udge and to the Applicant. Adopted by council: nate �/S 4'F Adoption fied by Council Secretary Requested by Department o£: By: l�d,/A� a // l�� l 1� � ,t; o�l- 88a� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departme�rt/office/council: Date Initiated: LP — LicenseMspection/EnvironProt 02�SEP-04 Green Sheet NO: 3022182 CoMact Person 8 Phone: Deoartment Sent To Person InitiaVDate Vrginia Palme� � 0 icense/fos eclion/Environ Pro 266-8710 /��yn I iceose/Ins 'oo/Environ Pro D ar[ment Director Must Be� f on Coun qgenda by (Date): Number , 2 pttorn G�lV � �,N � Por Routing 3 a or's �ce Ma odAssistaot Order a ouocii 5 i Clerk Ci Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Aetion Requested: Approval of attached resolution revoking the Massage Practioner license held by Machaga N. Jokms (License ID No. 20030000610) for the premises located at 770 Grand Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No i 3. Does this person/firm possess a skill not normaily possessed by any � current ciry employee? � Yes No ' Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Hearing before the Saint Paul City Council on 7uly 28, 2004 to consider the report of the Administrarive Law 7udge. Advantapes If Approved: Council acrion will be memoralized. DisadvantapeslfApproved: �EP � 3 217U4 None MRYQR'S OFFICE Disadvantages if Not Approved: Council acrion will not be memorialized. ToWI Amount of CosURevenue Budgeted: Transaction: FundinASource: ActivityNUmber: . ., ��°��,� `�' Financial Infortnation: (Explain) SEP � 0 3 2004 o�{- gg� CIT'Y OF SAINT PAUL Randy C. Kelly, Mayor July 1, 2004 Machaga N. Johns 1351 Van Buren Avenue St. Paul, Minnesota 55104 OFFICE OF THE iIT'1' ATTORNEY Manuel l. Cervarsres, Ciry Attomey Civil Division 400 Ciry Ha11 Telephoae: 651 266-8710 ISWestKelloggBlvd Fncsimile: 651298-5619 Saint Paul, Minnesota 55102 NOTICE OF HEARING RE: Massage Practitioner License held by Machaga N. Johns for the premises located at 770 Grand Avenue, in the City of Saint Paul License ID #: 20030000610 Dear Mr. Johns: Please take notice that the hearing on the report of the Administrative Law Judge in the above- entitled matter has been set on the Public Hearing Agenda for the City Council on Wednesday, July 28, 2004, at 5:30 inthe City Council Chambers, Third Floor, Saint Paul City Hall/Courthouse. This is a change in date from the Notice of Rescheduled Council Hearing dated June 18, 2004. Sincerely, -� � ��.-� �� Virginia Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director IvIazy Erickso�; Assistant Council Secretary, 310 City Hall Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, MN 55401 �4k� ��.c�asrh �2rs{rt � AA-ADA-EEO Employer • =:• 7-6020-15632-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAU� C{TY COUNC{L In the Matter of the Massage Practitioner License held by Machaga Johns FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION The above matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis, serving as hearing examiner for the St. Paul City Council, on December 29, 2003 and May 12, 2004 at the St. Paul City Hall, 15 West Kellogp Boulevard, St. Paul, MN. The record closed upon adjournment of the hearing on May 12, 2004. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paui, MN 55102, appeared on behalf of the St. Paul O�ce of License Inspections and Environmental Protection ("City"). There was no appearance by or on behalf of Machaga Johns on December 29, 2003. The Administrative Law Judge learned subsequently that Mr. Johns had been hospitalized since December 19, 2003, and continued the proceeding in order to allow Mr. Johns to recover and become fit to proceed. Machaga Johns, 1351 Van Buren Avenue, St. Paul, MN 55104, appeared for the hearing on May 12, 2004. He was accompanied by Brent Schumacher, his case manager with South Metro Human Services, 275 East Fourth Street, Suite 200, St. Paul, MN 55101. NOTICE This Report is a recommendation, not a final decision. The St Paul City Council will make the final decision after a review of the record and may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code Section 310.Q5(c-1), the Cesncil sha!! not m,ake a fi�al �+eeision ur,ti! th2 parties have had an opportunity to presen: oral or 4vritt2n argum2nt to thz Council. Parties should contact the City Clerk, Donald Luna, 170 City Hall, St. Pauf, MN 55102 to inquire about presenting argument to the Council. STATEMENT OF ISSUE Whether it is appropriate to revoke the Massage Practitioner License of Machaga Johns because of indecent conducUcriminal sexual conduct against one of his massage customers on August 30, 2003; and Whether Mr. Johns is a person who is fit to engage in the licensed activity of a massage practitioner within the meaning of the § 310.06(b)(10). � � r� Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Machaga Johns, a 22-year-old male, has been licensed as a massage practitioner in the City of St. Paul since 2001. On August 30, 2003, he was employed as a massage therapist at a hair designlmassage parlor on Grand Avenue in St. Paui. 2. On August 30, 2003, during the course of applying a massage to the legs of a 50-year-o�d female customer, Mr. Johns's hand moved into the customer's vaginal area and his fingers rubbed her clitoris. 3. Mr. Johns subsequently admitted to his victim and to the investigating police.officsr tha# he had made the sex;aal contact described an.�', that ha had "crossed a boundary" in doing so. See Exhibit 2. 4. Mr. Johns expressed to the arresting officer ihat his victim "told" him that she wanted him to touch her in that fashion. In that connection, he admitted that the victim did not say so out loud, but "she was thinking it." When asked by the officer to explain, Mr. Johns stated that he is "sensitive" to women and can teil what they are thinking. He said when a woman feels "sensual" he can feel a"vibe" from them. Mr. Johns also told the investigating officer that he believes that his sensitivity is a gift from God. 5. On September 2, 2003, a complaint was issued against Mr. Johns charging him with performing an act in violation of Minn. Stat. § 609.3451, subd. 1(1) (Criminal Sexual Conduct in the Fifth Degree), a gross misdemeanor. 6. On October 23, 2003, the City informed Mr. Johns that the Office of License Inspections and Environmental Protection had recommended adverse action against his license because of the inappropriate sexual contact on August 30, 2003. Mr. Johns fi4ed an appeal, and this hearing process followed. 7. An evidentiary hearing was set in this matter on December 29, 2003. the testimony of the investigating officer was taken on that date, but Mr. Johns did not appear. The Administrative Law Judge was informed subsequently that Johns was hospitalized and under psychiatric care at Regions Hospital, and had been since December 19, 2003. 8. On January 15, 2004, Mr. Johns had a hearing in the courtroom at Regions Hospital on the petition of the hospital for the judicial commitment of Mr. Johns as a mentally ill person and on the petition of his treating psychiatrist to impose an Order for Authorization to Impose Treatment for Neuroleptic Medication. 9. On January 22, 2004, James F. Finley, Ramsey County Court Commissioner, issued his Order in the matter brought before him on January 15. Commissioner Finley rufed that Mr. Johns suffers from the mental illness of Bipolar 2 • � i � Affective Disorder, that he was delusional, and that he was a danger to himself or others. 10. After Commissioner Finley's ruling on January 22, Mr. Johns was committed to the custody of Regions Hospital, Anoka-Metro Regional Treatment Center and the Minnesota Commissioner of Human Services. He remained in treatment facilities untii the date of his trial (March 1, 2004) for Criminal Sexual Conduct in the Fifth Degree. 11. On March 1, 2004, it was found by Ramsey County District Judge James Clark that Mr. Johns did intentionally touch the female customer at the massage parlor on August 30, 2003 and that the customer did not consent to the touching. The Judge concluded that the defendant did commit the crime of Criminal Sexual Conduct in the Fifth Degree by virtue of touching the genital area of the massage parlor customer, which toucning was not ofherwise consented to. i he Judye conciuded further that at the time of the offense on August 30, 2003, Mr. Johns was both manic and psychotic. Judge Clark fol�owed the opinion of the examining psychiatrist in the proceeding that Mr. Johns, at the time he committed the Criminal Sexual Conduct in the Fifth Degree, did not know the difference between right and wrong because of inental illness, and found Mr. Johns not guilty of the charge. 12. Upon his acquittal, Mr. Johns was returned to his Civil Commitment status, which continues through July 15, 2004. At that time, the commitment will be re- evaluated for possible renewal, or Mr. Johns could be released from commitment. Mr. Schumacher will make a recommendation to the Court Commissioner. As of the time of the hearing, Mr. Johns was adhering to the terms of his Civil Commitment. 13. Under the treatment plan imposed for Mr. Johns' Civil Commitment, he is required to attend all scheduled outpatient psychiatric appointments and take medication as prescribed by his psychiatrist. He is required to accept monthly injection of inedication if indicated. He agrees further to meet and cooperate with his case manager (Mr. Schumacher) weekly or as arranged. Mr. Johns must allow medication monitoring by his case management team or its designee, and agrees to abstain from illicit drugs, non-prescribed medications and alcohol. He must also attend all ��pointmen#s cor.cerning mental health and chemical de�endency on a consistent basis, and agr2e to random drug testing if recommended by his psychiatrist or case management team. He must also engage in no criminal or illegal activity. 14. Mr. Johns admits that he needs to stay on his medications and foilow the plan laid out for him when he was committed for a longer period of time. For now, he pledges to stay with his prescribed medication. He does not believe that his therapy sessions with the psychiatrist or other provider is helping alleviate his mental illness, but says that the medication (Seroquel) helps him. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: K3 • � � . CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter under Minn. Stat. § 14.55 and St. Paul Legislative Code Sections 370.55 and 376.16. 2. Mr. Johns received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. The City has the authority to take adverse action, up to and including revocation, against the license of any license holder who has engaged in actions meeting the definitions of criminal sexual conduct under Minnesota Statutes or who is not fit to engage in a licensed activity, business or profession. St. Paul Legislative Code Sections 310.06(b)(6)a. and 310.06(b){10). 4. The City has established by a preponderance of the evidence that Machaga Johns, intentionally and without consent, touched the genitals of a customer to whom he was administering a massage within the City of St. Paul on August 30, 2003. Under Section 310.06(6)(b)a., this act is reasonably related to the licensed activity of the practice of massage. 5. Because of Mr. Johns's current status under an Order of Civil Commitment which will not expire until July 15, 2004, he is not a person who is fit to engage in the licensed activity of massage practitioner within the meaning of Section 310.06(10) of the St. Paul Legislative Code. Based upon the above Conciusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council REVOKE the massage practitioner license of Machaga Johns. Dated this �O 3ay of May, 2004 � � � . �i►�o RICHAF2D C. LUIS Administrative Law Judge Reported: Taped No Transcript 0 NOTICE It is requested that the City serve the Administrative Law Judge a copy of its final decision in this matter by first class mail. MEMORANDUM Although Mr. Johns maintains that he is competent to perform massages and has the requisite knowledge to be licensed as a practitioner within the City, he admits that more time is needed to evaluate whether or not he will follow the rehabilitation plan laid out in the Order of Commitment that continues in effect. Ex. 9. Given that circumstance, it appears that continuing his massage therapist license at this time would constitute a risk the City should not assume. Ulr. Johns admifted ��hat if he gues off his medications, ne wouid lose the ability to know that he has "slipped off," and that he would be without the insight required to realize that he needs the medications in order to stabilize his mental health. The Administrative Law Judge agrees with the arguments by the Assistant City Attomey to the effect that more time is needed in order to tell whether or not Mr. Johns has the discipline to stay on the appropriate medications so that his mental illness (Bipolar Affective Disorder) does not reoccur. After July 15, 2004, Mr. Johns may be off his Civil Commitment. At that time, or whenever he is no fonger under a Commitment Order, Mr. Johns will have to maintain appropriate usage of his medications without the help of the controls and support system that are in place at the present time, which have helped keep him from slipping off the Court-ordered program. As argued by the Assistant City Attorney, it is likely more appropriate to wait until Mr. Johns is finished with h+s commitment and then builds up a history of being able to maintain the appropriate mental/emotional equilibrium necessary in order to be entrusted with and fit for licensure to practice massage. It is noted also that Mr. Johns has aliowed his license to lapse as of February, 2004. In order to get reinstatement, he must re-apply and pass the necessary examinations to qualify for licensure as a massage practitioner over again (even if no discipiinary action is imposed in this proceeding). If his license is revoked, he will not be able to re-apply until at least one year after the effective date of the revocation by the City Council. Perhaps by that time, Mr. Johns will have a su�cient history of maintaining the necessary self-discipline required to qualify again for licensure as a massage practitioner. 1t wouVd afso be inappropriate to allow him to continue in his licensed status at this time because of the continuing Civil Commitment for mental illness and the nature of the act he committed (non-consensual touching of the genital area of a massage customer), regardless of whether his mental illness avoided a criminal conviction in that instance. What matters is that Mr. Johns committed the act, and the record suggests a definite risk that he could repeat, if given another similar circumstance. R.C.L. 5 STATE OF MINNESOTA OFFICE OF ADVIINISTRATIVE HEARINGS . 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE: (612) 341-7600 TTY:(6�2)347-7346 May 28, 2004 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 � •r ��. Re: In the Matter of the Massage Practitioner License held by Machaga Johns; OAH Docket No. 7-6020-15632-3 Dear Mr. Luna: Enciosed herewith and served upon you by rrmail is the Administrative Law Judge's FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. A copy of those tapes will be sent to you under separate cover. Our file in this matter is now being closed. Very truly yours, I��L °�� `� r ��c9 - RICHARD C. LUIS Administrative Law Judge Telephone:(612)349-2542 RCL:mo Encl. cc: Virginia D. Paimer Machaga Johns Brent Schumacher RECEI1fED JUN 2 -- Zp04 CITY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile� (612) 349-2665 � Facsimile. (612) 349-2691 Facsimile: (672) 349-2634 D� �'8�a, 7-6020-15632-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Massage Practitioner License held by Machaga Johns FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION The above matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis, serving as hearing examiner for the St. Paul City Council, on December 29, 2003 and May 12, 2004 at the St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN. The record closed upon adjournment of the hearing on May 12, 2004. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License Inspections and Environmental Protection ("City"). There was no appearance by or on behalf of Machaga Johns on December 29, 2003. The Administrative Law Judge learned subsequently that Mr. Johns had been hospitalized since December 19, 2003, and continued the proceeding in order to allow Mr. Johns to recover and become fit to proceed. Machaga Johns, 1351 Van Buren Avenue, St. Paul, MN 55104, appeared for the hearing on May 12, 2004. He was accompanied by Brent Schumacher, his case manager with South Metro Human Services, 275 East Fourth Street, Suite 200, St. Paul, MN 55101. NOTICE This Report is a recommendation, not a final decision. The St Paul City Council will make the final decision after a review of the record and may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code Section 310.05(c-1), the Council shall not make a final decision until the parties have had an opportunity to present oral or written argument to the Council. Parties should contact the City Clerk, Donald Luna, 170 City Hall, St. Paul, MN 55102 to inquire about presenting argument to the Council. STATEMENT OF ISSUE Whether it is appropriate to revoke the Massage Practitioner License of Machaga Johns because of indecent conducUcriminal sexual conduct against one of his massage customers on August 30, 2003; and Whether Mr. Johns is a person who is fit to engage in the licensed activity of a massage practitioner within the meaning of the § 310.06(b)(10). Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Machaga Johns, a 22-year-old male, has been licensed as a massage practitioner in the City of St. Paul since 2001. On August 30, 2003, he was employed as a massage therapist at a hair design/massage parlor on Grand Avenue in St. Paul. 2. On August 30, 2003, during the course of applying a massage to the legs of a 50-year-old female customer, Mr. Johns's hand moved into the customer's vagina{ area and his fingers rubbed her clitoris. 3. Mr. Johns subsequently admitted to his victim and to the investigating police officer that he had made the sexual contact described and that he had "crossed a boundary" in doing so. See Exhibit 2. 4. Mr. Johns expressed to the arresting officer that his victim "told" him that she wanted him to touch her in that fashion. In that connection, he admitted that the victim did not say so out loud, but "she was thinking it." When asked by the officer to explain, Mr. Johns stated that he is "sensitive" to women and can tell what they are thinking. He said when a woman feels "sensuaf" he can feel a"vibe" from them. Mr. Johns also told the investigating officer that he believes that his sensitivity is a gift from God. 5. On September 2, 2003, a complaint was issued against Mr. Johns charging him with performing an act in violation of Minn. Stat. § 609.3451, subd. 1(1) (Criminal Sexual Conduct in the Fifth Degree), a gross misdemeanor. 6. On October 23, 2003, the City informed Mr. Johns that the Office ofi License Inspections and Environmental Protection had recommended adverse action against his license because of the inappropriate sexual contact on August 30, 2003. Mr. Johns filed an appeal, and this hearing process followed. 7. An evidentiary hearing was set in this matter on December 29, 2003. the testimony of the investigating officer was taken on tfiat date, but Mr. Johns did not appear. The Administrative Law Judge was informed subsequently that Johns was hospitalized and under psychiatric care at Regions Hospital, and had been since December 19, 2003. $. On January 15, 2004, Mr. Johns had a hearing in the courtroom at Regions Hospital on the petition of the hospital for the judicial commitment of Mr. Johns as a mentally ill person and on the petition of his treating psychiatrist to impose an Order for Authorization to Impose Treatment for Neuroleptic Medication. 9. On January 22, 2004, James F. Finley, Ramsey County Court Commissioner, issued his Order in the matter brought before him on January 15. Commissioner Finley ruled that Mr. Johns suffers from the mental illness of Bipolar 2 Affective Disorder, that he was delusional, and that he was a danger to himself or others. 10. After Commissioner Finley's rufing on January 22, Mr. Johns was committed to the custody of Regions Hospital, Anoka-Metro Regional Treatment Center and the Minnesota Commissioner of Human Services. He remained in treatment facilities until the date of his trial (March 1, 2004) for Criminal Sexual Conduct in the Fifth Degree. 11. On March 1, 2004, it was found by Ramsey County District Judge James Clark that Mr. Johns did intentionally touch the female customer at the massage parlor on August 30, 2003 and that the customer did not consent to the touching. The Judge concluded that the defendant did commit the crime of Criminal Sexual Conduct in the Fifth Degree by virtue of touching the genital area of the massage parlor customer, which touching was not otherwise consented to. The Judge concluded further that at the time of the offense on August 30, 2003, Mr. Johns was both manic and psychotic. Judge Clark followed the opinion of the examining psychiatrist in the proceeding that Mr. Johns, at the time he committed the Criminal Sexual Conduct in the Fifth Degree, did not know the difFerence between right and wrong because of inental illness, and found Mr. Johns not guilty of the charge. 12. Upon his acquittal, Mr. Johns was returned to his Civil Commitment status, which continues through July 15, 2004. At that time, the commitment wiil be re- evaluated for possible renewal, or Mr. Johns could be released from commitment. Mr. Schumacher will make a recommendation to the Court Commissioner. As of the time of the hearing, Mr. Johns was adhering to the terms of his Civil Commitment. 13. Under the treatment plan imposed for Mr. Johns' Civil Commitment, he is required to attend all scheduled outpatient psychiatric appointments and take medication as prescribed by his psychiatrist. He is required to accept monthly injection of inedication if indicated. He agrees further to meet and cooperate with his case manager (Mr. Schumacher) weekly or as arranged. Mr. Johns must allow medication monitoring by his case management team or its designee, and agrees to abstain from illicit drugs, non-prescribed medications and alcohol. He must also attend all appointments concerning mental health and chemical dependency on a consistent basis, and agree to random drug testing if recommended by his psychiatrist or case management team. He must also engage in no criminal or illegal activity. 14. Mr. Johns admits that he needs to stay on his medications and follow the plan laid out for him when he was committed for a longer period of time. For now, he pledges to stay with his prescribed medication. He does not believe that his therapy sessions with the psychiatrist or other provider is helping alleviate his mental illness, but says that the medication (Seroquel) helps him. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: 3 CONCLUSIONS 1. The Administrative Law Judge and the St. Pauf City Council have jurisdiction in this matter under Minn. Stat. § 14.55 and St. Paul Legislative Code Sections 310.55 and 376.16. 2. Mr. Johns received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. The City has the authority to take adverse action, up to and including revocation, against the license of any license holder who has engaged in actions meeting the definitions of criminal sexual conduct under Minnesota Statutes or who is not fit to engage in a licensed activity, business or profession. St. Paul Legislative Code Sections 310.06(b)(6)a. and 310.06(b)(10). 4. l"he City has established by a preponderance of the evidence that Machaga Johns, intentionally and without consent, touched the genitals of a customer to whom he was administering a massage within the City of St. Paul on August 30, 2003. Under Section 310.06(6)(b)a., this act is reasonably related to the licensed activity of the practice of massage. 5. Because of Mr. Johns's current status under an Order of Civil Commitment which will not expire unti! July 15, 2004, he is not a person who is fit to engage in the licensed activity of massage practitioner within the meaning of Section 310.06(10) of the St. Paul Legislative Code. Based upon the above Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council REVOKE the massage practitioner license of Machaga Johns. Dated this �O 3ay of May, 2004 , ,k.�/ � � RICHARD C. LUIS • Administrative Law Judge Reported: Taped No Transcript � NOTICE It is requested that the City serve the Administrative Law Judge a copy of its final decision in this matter by first class mail. MEMORANDUM Although Mr. Johns maintains that he is competent to perform massages and has the requisite knowledge to be licensed as a practitioner within the City, he admits that more time is needed to evaluate whether or �ot he will follow the rehab+litation plan laid out in the Order of Commitment that continues in effect. Ex. 9. Given that circumstance, it appears that continuing his massage therapist license at this time would constitute a risk the City should not assume. Mr. Johns admitted that if he goes off his medications, he would lose the ability to know that he has "slipped off," and that he would be without the insight required to realize that he needs the medications in order to stabilize his mental health. The Administrative Law Judge agrees with the arguments by the Assistant City Attorney to the eifiect that more time is needed '+n order to tell whether or not Mr. Johns has the discipline to stay on the appropriate medications so that his mental illness (Bipolar Affective Disorder) does not reoccur. After July 15, 2004, Mr. Johns may be ofif his Civil Commitment. At that time, or whenever he is no longer under a Commitment Order, Mr. Johns will have to maintain appropriate usage of his medications without the help of the controls and support system that are in pface at the present time, which have helped keep him from slipping off the Court-ordered program. As argued by the Assistant City Attorney, it is likely more appropriate to wait until Mr. Johns is finished with his commitment and then builds up a history of being able to maintain the appropriate mental/emotional equilibrium necessary in order to be entrusted with and fit for licensure to practice massage. It is noted also that Mr. Johns has allowed his license to lapse as of February, 2004. In order to get reinstatement, he must re-apply and pass the necessary examinations to qualify for licensure as a massage practitioner over again (even if no disciplinary action is imposed in this proceeding). If his license is revoked, he will not be able to re-apply until at least one year after the effective date of the revocation by the City Council. Perhaps by that time, Mr. Johns will have a sufficient history of maintaining the necessary self-discipline required to qualify again for licensure as a massage practitioner. It would also be inappropriate to allow him to continue in his licensed status at this time because of the continuing Civil Commitment for mental illness and the nature of the act he committed (non-consensual touching of the genital area of a massage customer), regardless of whether his mental illness avoided a criminal conviction in that instance. What matters is that Mr. Johns committed the act, and the record suggests a definite risk that he could repeat, if given another similar circumstance. R.C.L. F� STATE OF MINNESOTA OFFICE OF ADMINISTRAT{VE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVlCE Case Title: ln the Matter of the OAH Docket No.: 7-6020-15632-3 Massage Practitioner License held by Machaga Johns. Mary Osborn certifies that on the 28th day of May, 2004, she seroed a true and correct copy of the attached FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION by placing it in the United States mail, properly enveloped, with postage prepaid, addressed to the following individuals: Don Luna, City Clerk Virginia D. Palmer 170 City Hall Assistant City Attorney 15 West Kellogg Bivd. 400 City Hall St. Paul, MN 55102 15 W. Kellogg Blvd. St. Paul, MN 55102 Machaga Jones Brent Schumacher 1351 Van Buren Ave. South Metro Human Services St. Paul, MN 55104 275 E. 4th St. #200 St. Paul, MN 55101 CITY OF SAINT PALTL Rnndy C. Kelty, Mayor November 21, 2003 Machaga N. 3ohns 770 Grand Avenue ei. i aili� iViiIlREJOCa 3�1V�t OFFICE OF THE CITY ATTORNEY �1lanuet J. Cervnntu, Ciry Attorney -., .... :_, , . - . . � "_ . _ ' . . "C^^- "'_ _ �`, n� �� , �,. ..• �;'C+ivilDivision 400 Ciry Hall Telephone: 651266-8710 � � �� ' . ; ISWestKettoggBtvd. Facsimite: 6512985619 ?:: i-. F�:�: i; j Snint Paul, Mirsnesol4 55102 NOTICE OF HEARING RE: Massage Practitioner License held by Machaga N. Johns for the premises located at 770 Grand Avenue, in the City of Saint Paul License ID #: 20030000610 Dear Mr. Johns: Please take notice that a hearing will be held at the following time, date and place conceming your license application identified above: Date: Monday, December 29, 2003 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellog; Blvd. St. Paul, MN. 55102 The hearing wi11 be presided over by an Administrative Law Judge from the State of Minnesota Ofiice of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 AA-ADA-EEO Employer The Council of the City of Saint Paul has the authority to provide for hearings concerning license applications and for adverse action against such license applications, under Chapter 310, including sections 310.05 and 310.06, ofthe Saint Paul Legislative Code. Adverse action may inciude denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your license as follows: On August 30, 2003, the Saint Paul Police received a report of a woman who had been a customer of yours on this date. During the massage, you touched her inappropriately. When she asked why, you stated that God had directed you to touch her. Later, when interviewed by the police, you admitted to touching the woman inappropriately and said that you often feel a"vibe" from fe*_naie c»s+_�*_ners ±kai ta�!s ;�� *'�ey e:�«at ":.,cr°. t�aa just a massage". The Office of LIEP will recommend that revocation of your license as a massage practitioner. You have the right to be represented by an attomey before and during the hearing ar you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony from persons not presented as witnesses b� either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial lIIt2I'ESL lil illc 011LCOi11E Oi `u'^.e j3IvCc'P.Ct'ita�. .�.�viiC,U.'�:Il� uiF,�LT.°,Il�S .^.22y tiJP. Rl$�e �}' *�'!P p2!'�LPS. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with NZinnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations wili be forfeited and the Notice of Hearing - Page 2 allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, , � "L i�,y p',wG�.� ; �� -u ti U Virginia D. Palmer Assistant City Attomey ca Macha�a Joh ,s, :599 ST. Anthary?.�enne, �5, Saint �anl, :.�iiv 551"v5 Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpis, MN 55401 Mary Erickson, Assistant Council Seeretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Summit Hill Association, Ms. Ellen Biales, Executive Director, 860 St. Clair Ave., Saint Paul, MN SSidS-3210 Notice of Hearing - Page 3 tri i•°! i! ,�,. �� F,i y �. t ;� i�' �� ',�'-SOti W O t-y Y• � O M � � � � W � � fD z o � o 0 Y ."S � ¢+ Ln Nt ',D W � � � a C!� Y• � ci- � m �cr Oy � � � m ci- (D m � v � O �N l ! t��l � °O �� k� � � � � � � � 1 �n �. A A �n g ^�n �� A z �, ,� �Fo �� N� ^ " � � � � A 1 � S �'� 0 N i' O � i p o w 4 ' < `,4 �. i: _ - ..v '� Z ; . C '�' ' N � V ` _ � � � F W ��-� IC7 P' w � !�C`��. p � �-Y:3Y`�-.- { : 7 tl4 � � �..�C- i . Y 't��Y: f � �67•_k, i4.� 5b � �` _ � STATE OF NIINNESOTA � OFFICE OF ADMINISTRATTVE HEARINGS -,;�`' HEARING SUBPOENA TO: Officer Nichole Sipes St. Paul Police Department Western District 100 East 11 Street St. Paul MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard C. Luis of the Office of Administrative Hearings of the State of Minnesota, at Room 41, St. Paul City Hall, 15 West Kellogg Boulevard in the City of St. Paul, Ramsey County, Minnesota, on the 2g day of December, 2003, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Re: Matter of Massaqe Practitioner License of Machaqa Johns; Docket No. 7- 6020-15632-3 Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Bruce H. Johnso�Acting Chief Administrative Law Judge, at Minneapolis, Minnesota this 4 day of December, 2003. BRUCE H. JOHNS Acting Chief Admini tra 've Law Judge 612/341-7600 Subpoena requested by: Tami Laughlin 400 City Hall 15 West Kellogg Boulevard St. Paul MN 55102 STATE OF MINNESOTA OFFICE OF ADNIINIS'IT2ATIVE HEt�RINGS ;;�;� HEARING SUBPOENA TO: Officer Comelius Benner St. Paui Police Department Western District 100 East 11 Street St. Paul MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard C. Luis of the O�ce of Administrative Hearings of the State of Minnesota, at Room 41, St. Paul City Hall, 15 West Kellogg Boulevard in the City of St. Paul, Ramsey County, Minnesota, on the 2g day of December, 2003, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Re: Matter of Massaqe Practitioner License of Machaqa Johns: Docket No. 7- 6020-15632-3 Pursuant to the authority granted at Minn. Stat. § 14.51, to the Honorable Sruce ti. Johnson, Acting Chief Administrative Law Judge, at Minneapolis, Minnesota this i�� day of December, 2003. Acting Chief Adminis rati e Law Judge 612/341-7600 Subpoena requested by: Tami Laughlin 400 City Hall 15 West Kellogg Boulevard St. Paul MN 55102 �. . STATE OF MINNESOTA � OFFICE OF.ADMTNISTRA'I7VE IIFARINGS ,;�;' HEARING SUBPOENA TO: O�cer Charles Sims St. Paul Police Department Westem District 100 East 11"' Street St. Paul MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Richard C. Luis of the Office of Administrative Hearings of the State of Minnesota, at Room 41, St. Paul City Hall, 15 West Kellogg Boulevard in the City of St. Paul, Ramsey County, Minnesota, on the 2g day of December, 2003, at 9:30 o'clock in the forenoon, to appear as a witness in the matter ofi Re: Matter of Massage Practitioner License of Machapa Johns; Docket No. 7- 6020-15632-3 Pursuant to the autfiority granted at Minn. Stat. § 14.51, to the Honorable Bruce H. Johnson, Acting Chief Administrative Law Judge, at Mi�neapolis, Minnesota this day of December, 2003. ( Lc� b BFUCE H. JOHNSO Acting Chief Admini ra ve Law Judge 612/341-7600 Subpoena requesied by: Tami Laughfin 400 City Hall 15 West Ke{togg Boulevard St. Paul MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 December 4, 2003 Virginia D, Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Boulevard St. Pau�, MN 55102 ATTN: Tami Laughlin TELEPH0IVE:(612)341-7690 TTY:(612)341-7346 RE: In the Matter of the Massage Practitioner License held by Machaga N. Johns; OAH Docket No. 7-6020-15632-3 Dear Ms. Palmer: Pursuant to your request of November 26, 2003, please find enclosed the original and one copy of the subpoenas you requested in the above matter. Sincerely, �� RICHARD C. LUIS �C,'''° � Administrative Law Judge RCL:cr Encl. Tefephone: (612) 349-2542 Providing impartiaf Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Division & Admin�strative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimiie: {6i2) 349-2605 � Facs�rr�da. iEi�� 349-2u95 �a.,s��„�:� �SS2) 349-2634 NOU-26-2003 13�45 ST PA�L CITY RTTORNEY 651 298 5619 P.01iO4 OFFtCB OF Tf� C1TY ATTORNEY Manue! 1 Cervantes, Ciry Attorney N �� ` i� CITY OF SAINT PAUL Rm�dy C. Kelly, Mayor FAX TRANSM O arn;r �� n., i. .,l:� � G7YifDivision ' r v- � ¢0(1GSrylfnfl - TelePlwne: 65/ 266-8770 15 West KcAogg Bivtf �"' �'.;_" =• F[uS'uhile• 631 398-5619 Saint Paul, Minnesora SSIO2 r= =,; ,;, C DATE: II"�"D�J -----�—Y�CbN? � TO: ��G. �i1�tf�iYt[.� �• �l,CtS FROM: . ��p!�� , - --- �-l� �=�----- ?- _l�i�an--1_s�.3a� - 3.---- NUMBER OF PACrES (including Cover s • � i�1 —.�� BA!� -'X�- /-�i�i�'/f -- �T�s f,�� .'s �.�� °��!' - � Con#idenfialitvN'otice:Thedocument(s)ac Y /�L� , privileged. The informarion is intendecF - � intended recipient, you are herebynorified that any disclasure, copying, distribudng, or taking of any actian in reiiance on tha contents of this telecopied information except its direct delivery to thc intended recipient named above is strictly prohibited. if you have received this fax in error, please notify us immediatefy ta arrange return of the original document to us. AA-ADA-EEO EmpIoyer NOU-26-2003 13�45 ST PRUL CITY RTTORNEY Subpc�na Request Fonn 651 298 5619 P.02iO4 hLLp:��U' W 4V.oa17.Stase. �Tlt3.u5� [orm.vsu o-req,ncrn� OFFfCE OF ADMINISTRATIVE SUBPUENA RE(.�UEST FORM HEA�INGS Minn Rule Pt. 140Q.7000 1�0 Washington Avenue South Suite 1700 OAH File No. Minneapalis. Minnesota 55401-2139 Requesf Date 6�2/341-7600 FAX 6121349-2665 Name of Judge: Type of Subpoena (Check one) /1.�� e �� Hearing Presence,?� Document Production _ K't peposition � Na or Attamey � T qate and LoCation of tlearing: Parson 9:3d A.•n�• Relevancy of TestimonY or pocument to be �ubpoanaed Plsase Note: Each subpoena request must be accompanied by a$5.00 fee payable to the Office of Administrative Hearings. Documents to be produced must be describad with spec�city on the reverse side of fhis fomr. A copy of this request must be sent to all other parties. !# you have any questions concerning this subpoena request, please consult tvlinn. 32u1e pt. 1400.7000, er contact the office at 612-341-7600. The requesting person is responsible for personal service ofi the subpoena. Anyone, except the requesting person, may personaliy serve the subpoena. The requesting person is also responsibfe for payment zo the witness of any statutory fees or costs before the witness' appearance. Minn. Stat. § 357.22 provides for a witness fee ot $20.00 A�r day and traveE expenses of 28 I �E2 OCT-29-2003 15�59 6123492665 97i: 9/3/2003 2:23 1'M P.03 NOU-26-2003 13�46 ST PAUL CITY RTTORNEY • Subpoena Requesc Form 651 298 5619 P.93iO4 nttp:riu�v.oan. scace.mn.uv ro mwsu c-req, qp OF�ICE OF ADMINI57RATIVE SUBPOENA REQUEST FORM HEARfNCS Minn Rule Pt. 14Q0.7000 10o Washington Avenue South 5uite'l700 OAH Fiie No. Minneapolis, Minnesota 55401-2138 Request �ate 612/34i-76oD FAX 6'i2/349-2655 Name of Judge: Type of Subpoena (Check one) �� C�� Hearing PtesenCe 7� pocument Production � pepcsition _____ Date and Localion of Hearing: o� Ralavancy ofTestimony or poaumenito be Subpnsna�d , Please Note: Each subpaena request must be accompanied by a�5.00 fee payable to the OfFice o# Administrative Hearings. Documents to be produced must be described with speci�city on the raverse side of this form_ A copy af this request must be sent to ail other parties. If you have any questions concerning this subpoena request, please consutt Minn. Rule pi. 140Q.7o00, or contact the office at 612-341-760�. The requesting person is responsible tor personai service of the subpoena. Anyone, except the requesting person, may personaify serv2 the subpoena. 7he requesting person is also responsibie for payment ta the witness of any statutory fees or costs before the witness' appearanoe. Minn. 5tat. § 357.22 provides for a witness fee of $20.00 per day and travel sxpenses of 28 I �C2 oC'r-29-20@3 i5:S9 6123492665 97� 9/3/2003 223 PM P.03 NOV-26-2003 13:46 ST PAUL CITY ATTORNEY , $ubpqena Req�escrorm 651 298 5619 P.04iO4 uuy.0 n w �v.uu+-a�uw.u«............�. �...-� .y.uttr OF�ICE OF ADMINISTRATIVE SUBPOENA REQUES7 FORM HEARiNGS Minn Rute Pt. 140�.7�00 100 Washington Avenue South Suite 1700 bAH File No. Minneapotis, Minnesota 55401-2138 Request Date 6�2134 1-7 6 0 0 FAX 612/348-2665 Name of Judge: Type of Subpoena (Check one) �� . �� Hearing Presence ?� Document Production �„ Deposition ____ Date and Locatian of Nearing: Relevancy of Testimony or pocument to be 5ubpoenaed Pleasa Note: Each subpoena request must be a O�ce ofi Administrative liearings. Documents speci�city vn the reverse side of this fortn. :companied by a$5.00 fee payable to the fo be produced rnusf be described with A copy af this request must be sent to all other parties. If you have any questions conceming this subpoena request, please consult Minn. Rufe pt. 1400.7000, or corrtact the offcce at 612-341-7600. 7he requesting person is responsibfe for personal service of the subpoena. Anyone, except the requesting person, may personatly serve the subpoena. The requesting person is also responsible for payment to the witness of any statutory fees or costs before the witness' appearance. Minn. Stat. § 357.22 provides for a witness fee of $20.00 per day and tra•yel expenses of 28 1 of 2 9/7/?003 z23 PM - � -- ----�� .,.. a A� TOTRL P.04 o� g'��. � }: t " ZP�� .-�. _ _ CITY OF SAINT PAUI, ° Randy C. Kelly, Mayor � �_'i,'� OFFICE OF THE CTI'I' ATTORNEY Manuel J. Cervantes, Ciry Attorney Civil Divisian 400 Ciry Ha(I I S West Kellogg B[vd. Saint Paul, Mirmesota 55102 Telephone: 651266-8710 Ftusimile: 65! 298-5619 January 5, 2004 Machaga 7ohns 1599 St. Anthony Avenue, #5 Saint Paul, MN 55105 RE: Massage Practitioner License held by Machaga N. Johns for the premises located at 770 Grand Avenue, in the City of Saint Paui License ID #: 20030000610 Deaz Mr. Johns: I received your message on my voice mail which apparently came in on December 30, 2003, asking that your hearing "for tomorrow" be rescheduled. However, your hearing was heid on December 29, 2003 and you had already missed the scheduled time and date. Because of the holidays I have not been able to respond before now, but I did contact the Administrative Law Judge who heard this matter and indicated that I would write a letter advising you of how to contact him to make a request to reschedule the hearing. Your message to me indicated that you had been hospitalized since the 25`" of December, but did not give any specifics about the reason for your hospitalization. I have already stated to the Administrative Law Judge that I object to the rescheduling of the hearing because you mistook the date and failed to appear. However, I would suggest that you provide Judge Luis w:th iniorriiat:�r, about the na«:re oi your hospitai stay, together with proof of the dates that you were there, and he can cYecide whether the matter should be rescheduled. I would appreciate it if you would also copy me on any letter to Judge Luis and provide the information about your hospital stay to me as well. Sincerely, .� / . . /) .� t � �c�Y.,,�� Virginia D. Palmer Assistant City Attorney cc: t'Judge Richard Luis, Administrative Law Judge Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer � � � ` 4 � } � C' L� � � � � � `� � 0 �o � � Y y � . ;x� �� ~; �, . o � � � �� U y � � �i T. C'. �} N � O ,2 � b �.� O � .G O O O � � x V � � N '+� O � E�-�O°� � 0 x o U o 0 a h W � � z � °�� ' � a U � � g � y � W a o �r � U x Oo �„�i U � w UO STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 ��ti��y� � �, 2004 / Machaga N.Johns 1599 St. Anthony Avenue, #5 St. Paul. Minnesota 55105 TELEPHONE: (612) 34�-7600 TTY: (612) 341-7346 Re: In the Matter of Proposed Adverse Action Against the Massage Practitioner License Held by Machaga N. Johns; OAH Docket No. 7-6020-15632-3 Dear Mr. Johns: Please allow this letter to confirm my receipt of a letter to you from Assistant City Attorney Virginia D. Palmer, on behalf of the License Inspections and Environmental Protection Department at the City of St. Paul. The letter follows a telephone conversation she had with me to the same effect. It appears that your position in this matter is that you missed the hearing that was held on December 29, 2003, because you were in the hospital. One probiem is that Ms. Palmer's letter indicates that she heard from you by voice mait on December 30, 2003, asking that your hearing "for tomorrovd' (which would have been December 31st) be rescheduled. Accordingly, Ms. Palmer objects to any rescheduling of the hearing because you mistook the date and failed to appear. I will consider whether it is appropriate to reschedule your hearing if you provide to me written documentation to establish that you had a good reason for not contacting myself or the Office of the St. Paui City Attorney (Ms. Palmer) on or before December 29, 2003 to ask that the matter be rescheduled because of your being in the hospitat. In addition, you must provide me with documented written proof that you were, in fact, in the hospital during the dates you have alleged in the telephone conversation to Ms. Palmer. This can be done by submitting copies of hospital records, or a letter from your treating physician specifying the dates you were hospitalized and the condition for which you were placed in the hospital. Please provide me with the written evidence specified above on or before Tuesday, January 13, 2004 (mailing date). Thank you for your cooperation. Very truly yours, RICHARD C. LUIS Administrative Law Judge RCL:mo cc: Virginia D. Palmer Telephone: (612) 349-2542 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile (612) 349-2665 Facsimile: (612) 349-2691 Facsimile: (612) 3494634 ^ C ;l n � �p��C STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE: (612) 341-7600 TTY: (612) 347-7346 April 19, 2004 Virginia D. Palmer Assistant St. Paul City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Machaga N. Johns 1351 Van Buren Avenue St. Paul, MN 55104 Re: In the Matter of Proposed Adverse Action Against the Massage Practitioner License of Machaga N. Johns; OAH Docket No. 7-6020-15632-3 Dear Ms. Palmer and Mr. Johns: Please allow this letter to advise you that the evidentiary hearing in this matter, which was conducted originally on December 29, 2003 but continued due to the medical condition of Mr. Johns, is now set for Wednesday, May 12, 2004. The hearing wili commence at 9:30 a.m. in Room 41 of fhe St. Paul City HaII, 15 West Kellogg Boulevard, St. Paul, Minnesota. It is my understanding that Mr. Johns is currently an outpatient, receiving therapy at the Ramsey County Mental Health Center. 1 understand further that his treating professionals are John Andreozzi and Dr. Robert Schneck. I understand further that his assigned case worker from South Metro Human Services is Brent Schumacher. It is anticipated that Mr. Johns wilf be able to attend the hearing on the morning of May 12. If he is unable to do so because of therapy or medical issues, I request that Mr. Schumacher, Mr. Andreozzi, or Dr. Schneck file a written statement with me to that J effect, or Mr. Johns will be held in default in this matter (should he fail to appear). Thank you for your cooperation. RCL:mo cc: Brent Schumacher John Andreozzi Very tru� yours, `�� RIChiARD C. LUI Administrative Law Judge Dr. Robert Schneck Docket Coordinator Telephone: (612) 349-2542 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement Division Facsimile: (612) 349-2665 Facsimile� (612) 3a9-269� Facsimile: (6 7 21 349-2634 � i:_ OFFICE OF ADMIIVISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Adverse Action against the Massage Practioner License held by Machaga 3ohns CITY'S PROPOSED EXHIBITS December 29, 2003 TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The foilowing constitutes alist ofthe City's proposed exhibits for the Administrative Hearing on December 29, 2003. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Each. No. 7 Exh. No. 8 Description Licensing Information from LIEP (3 pp.) Police Report CN 03186883, dated 8-30-03 (5 pp.) Supplemental Police Report CN 03186883, dated 8-31-03 (2 pp) Ramsey County District Court Compiaint, 03-186-883, dated 9-2-03 (3 pp.) Supplemental Police Report CN 03186883, dated 9-3-03 (1 p) Notice of Violation dated 10-23-03, along witki Affidavit of Service (3 pp.) Response letter from licensee dated 11-8-03 contesting the chazges (1 p) Norice of Hearing dated ll-21-03, along with Affidavit of Service (4 pp.) Also attached please find courtesy copies of applicable St. Paul city ordinances and statutes: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 �. Respectfuliy submitted this 29thday of December, 2003. _V I Virginia . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 Lic�nse b"roLp CommenYS'Yerzt Licensee: MACHAGA N J�HNS DBa MACHAGA N J�HNS License#: Zppgpppp5�p [� 09M5/2403 �! _$(! � 09/15/2003 To CAO for possible adverse action. CAR 08/30l2003 CN0.3� 86883 iridiptes that Machaga Johns could be charged with a crime that coWd result in license action. CAq I � � _ �`, � �Xhi bif � �1 SEP-15-2003 09�58 6122653844 Saint Paut Police Department New RMS t3R4G6NAL. �FFEA�ISE / fNC1�E�iT �3EPORT P.02i14 aage � oi s � % j a Complamr Num6er Re(erenee C.N Oate end Time ot Repott 031$68$3 OSl3012003 17:51 PAmaN atterrsa SEX CFFENSE-if�iDECENT ltBEFiT1ES °rimaryRepoNngOJhcei' niChOlBStp95 Nameof7ocailwvhusinegs: Pnmerysyuad: 125 tocauan ot incrdem�779 GRAN[3 AV ST PAUL MN 551 Q4 Secondary repaTing oHrcer. n�roNny orsrce+: mark kempe 05�/iC(: w0St0Cf1 S�?a Daie a time w occwence: 08l30f2003 1 S:00 �o OB/30/2003 t 2:OD Seco�Mary otFensB: A��est matle? YBS qftemptOnly NO Appears to be Gang fieleted (yp Palice OA7cerA9saWfed or fn(ured (�O PaiceO//��erASS/StedSrncide No ARRESTS Sooked Name MeChega Johns eootcing dste pg)30/2p03 Booking t�m9 7 7;40 BooWng F Warranr n�vnber Wairanttype oare8e�meotarrest: pg/3Q/20p377:Q0 Arm91 made on vlew.� YBS Aaesl matle on warrant prptyvious CN: j�jp ongmaarrg agency St Peul PD Cnarge�c;rariarieauAmounr Criminal Sexual Gonduct - 4th Degree \ Exti►'�it I �a i SEF-15-2003 09�52 b12265�44 P.03i14 Saint Paul PDiice Department New RMS Pa4e 2 of 6 ��` , OF�1GlNAL. O�FEl�SE / lNCIDENT REP�3f�T ComplamtNUmOer r�eterenceG.N. OareandrmeoiReport 031$68$3 0813C�f2003 17:51 Pnmary offense SEX OFFEi�SE-1NDECENT LIBERTIES NAMES Other Richard Swinney 770 Granq AV St Paul MN 55104 NJclmames or Aliases �� Sax MdlB Race Unknowit H�,sparxc No OOH Age Irom to OEt6il9 S� Female R9ca WhdB H'rspan"�c No 00& 08/0711951 aPe 52 Iran BrtpPOymt»t OccuPanor� 1.28S8B Empbyer IdmGSw SSN - . Pager ( ) . CicenseorlON License Stare victim Wendy Lynn McCuiley 768 Mantrose AV St Paul MN 55116 N!clutat»es or Aliases lo Phones Hame ( � . 1 VOrx 65(7-2)92••9072 Gell ( ) . F�x � � . Cantact { ) - Phwes Home ( J _ Work � ) _ Cen 65(1•3)38--2754 Far � ) - conract { 7 - Aager ( ) - fmproyment Otcupattan Employet IdentlRcaHO� 5SN: _ _ License orlO# 1iCB�3C Siate VicLm lqfOfRl Type individual Can �dentity 0�lentler Ye5 Wiflmg to Press CA3rgps Y85 Candlrio�� Teken fo heaX� Cere (ecdify NQ Medicel release obtaMetl� (�p fn(urTes 'lP� iacallon Nons SqrsofFront Aelafronshlps s. �� rotSCE H9�58 b122653844 �_ea�ia Saint Paui Poiice Department �ewRMS Pe9a a ors OR�G9t�i�L a�FENSE 6 iNCOi�ENT' R�PE�RT Complainc fJUmUar F�e/ereqCe C),/i, Oete arttl Tbne ot ReROrr 0318fs$83 oaf3oi2ao� i�:5i Prlmary D�Mnse SEX 4FFENSE-lNDECENT LIBER7IES — ��.� Stranger Maehaga Nathaniel Johr.s Nlachaga Nethaniel Johns 1599 St. Anthony AV Apt# 5 5t Paul MN 55�05 xr�knames a aiasrs D2tali5 Sex �fjafB aa�e Black HispanlC NO OOB 09(07/1981 Age21 �fo�+ to PAnnes t+ome 65(1-&)46--7473 w� 65(i -2}92--9022 C9D ( � ' Far ( ? - conrea ( � . Pager t � ' EmplDyment occuparwn Massuese Employef �os�e's Hair Design ldenJlllcettOn SSN: - - Lrcense o' IDN Lieertse Stare P hys l calOescription US Np Matrk Syp Height 506 to a�nv Slender HarLen9th Ha�rCobr Weight 7z3 w Skin FacialHa�r Nair7ype YeeU+ Eye Co/or CRIME SCElJE DESCRIPTORS C�tme Seene laathod & Poin! of £ntry Prxessed No Farceusad Na rype Office/commercia� Po�nrotenrry oascrrPVon O�icefcommercial Mefhoa Hfdinside rJp SOLVABILITY FACTORS SusaeM �n De idem�fien yes ay Victtm PhotosTaNen NO EviCer,ce Tumed ln �jp Lsb Blolagica7Anatysis NO i7biU��nrlfriYSin 1'f0 StolenPropertyTrawa6/e Np ProOertyTumedln Np Fmperp�inls Taken No Fiems Pinga.printea NO SEP-15-2003 09:58 6122653B44 P-05i14 Sain# Paui Pol�ce f3epartment New RMS Pa d �, 5 � OF�tGlNAL �F�EB�$SE I IIV�{DE�1T REPC3R3' Compiarrrt Numbe� RefererrCB C.N. Oate and T�me ot FeFoR 03186883 08/30/2Q03 17:57 Primary oHense SEX OFFENSE-i1VDE�ENT LiBERTfES La8 Corr,men(s r ` NaRRas�ve ' I(OFF. rV. SiPES - SQD 125� was requested to go to team on a detai! for SGT. MAH7HEI (SQD 106J. W hen I artived 1 spoke to OFF. SARA $A4LEY who is currenify assigned to the Asset ForEeiture DetaiL OFF. BA)LEY explained that her aunt was sexuaAy assaulted at � massage parlor and ihai she was here only for mora! suppori_ Ttte victim, NlENDY LYNN b1CCULLY (I?OB:B/7/5i, 168 MONTROSE, C/P:651-338-2754), told me that she saw massages adversised on a banner for $45 for 1 hour whi{e drlving down Grand Ave. taday. She sa�d that it was a Euil service salon just east of the Wiid Onion. MCCULLY said she thought that was a good price for the massage and stopped at 1100 hours. MCCULLY said the person who massaged her was a B/M, 22-23 YOA, 5'B/slender build, faciai hair, wearing tan pants, tennis shoes and a red shirt. She said she thought his name was similar to MACHACHR JOHNS. which she saw on his state license which was displayed in the massage room. MCCULLY safd ihe massage staried oui fine. She said the upper bady rub was completely professional antl appropriate. Shs said ihat JOHNS began rubbing her right !eg anG after a few minutes his hand movad fo the insida ofi heT thigh louched her iabia. She said she iiinched, but he moved back to her ieg and she 4hought thac it had been a legitimate misjudgement on his part. MCCULLY said J04iNS rubbed her Isg for a�it longer, then began mouing up toward the insida of her thigh again. She said his hand went to the inside ihigh, then he put his hand on her ciitor�s and rub6ed it MCCULLY starlad to cry while teiling me this and said she was in Shock that this oocurred. She said she put her hand down and pushed his arm away and told fiim not to do that. She said he was silent for a minute or so and asked her if she wanted io stop the massage. She said she was stili shocked, and said no, he could continue. MCCULLY said as soon as the massage was over, she got up and asked JOHNS wftat fte was thinking by touching her Sa intimatefy. She said JOHNS totd hsr that God was aciing through him and that God had directed him to touch her. She said he told her that he could `read" people through vibes and that he could read her ihoughts. He told her that she was "asking for iY', impiying that she wantsd him to touCh her. 5he toid him tnat he hatl broken s boundary antl she said he pui his head down, thought for a moment, looked up and said, "Yeah, I may have crossed a boundary". MCCU�LY said she left, bu4 r8turned as she remember¢d that when she had gone in for the massage she had filted out a Personal (nformation sheet ihat had her home address and phone number on it. She said she was worriad ±hat .lOHNS wouid have access to that information so she went back to the salon and retrieved that sheet. MCCULLY said she struggied with reporting the mcident as she thought perhaps she had handled it in an aduft like manner. She said she then realized if ttie inaident had happened to hgr, it may have happened to oiher women aad she knew what had occurred was iitegal. She said she called OFF. BAti.EY for gwdance on who to contact. I then had OFF. BE[VNER check the area Yo locate the massage parlor. Ffe found it to be at 770 Grand Ave, Rosie's Nair Design (w/p:292-9022). I procseded 4o the address and OFF. SENNER (SQD t91), OFF. SIMS (St3D �29) and I went inside, We asked an employee ifi JOHNS was there. She said he had left a�d � asked SEP-15-2�3 09c59 612Z653B44 P-96/ia �lil'1Y F YOIIC@ !�B(J8f�R18f1� �?e�' Rnag aage s.��, � �P'40L7�ttll�OL SJ��9�� f �lHS..1L/�3� 8 l��95T comwam+ Numt+er Rererexe Grv asre ana nmr� o� ae�orr Q3186883 OS/3Q/2p03 17:51 Pnmary olfense SEX OFFElVSE-lNDECEN U BERTIES her to coniact ner erTtpioysr so that 1 couid ge2 JONNS' home address. I located JOHNS' state Iicense wh�ch listed his name as NiACHAGA N. JQMMS. JOHNS' empl0yer, Richartl Swinney, gave me his address a4 1599 St. Anthony Av°. #5. He said he just dropped JOHNS at tfie corner there a couple of days ago and believed it to be a gootl address. �1V e proceeded T� ihat address to intenriew JOHNB. JOHNS opened his apartment door and confirmed his itlentity. ,lOHNS was a BIM, thin buiid, wearing ta�a corduroy pants dnd a wfiite tshirt. He had short hair and facial hair on his chin, matching the description given by MGCULLEY. 1 taid him that we needed to speak to him about an inciderrt thai ha@ oCCUrred and asked if wa could step in. He said yes and opened the door further to allow us into the apartment. I explained to JdHNS that we had received a compiaint about him but thet we realize there are two sides to every story. i asked him if he knew whaY I was ta�king about and �f so, did he want to teil us his version of the �ncident. 1 asked JQl1N5 if anything unusual occurred at work 4oday. He nodded and said "yeah". i asked h�m ii he would teli us what happened and he Sa�d he would. JOHNS said that he was massaqing a woman today. I asked if he knew her name. Ne said "MC LULLY or something". He said wheh he was massaging her she to(d him 4hat she wanted him to do more. i asked him whaf She Said. Fte said "She tlidn't say ii verbally, she was thinking it". P asked him to explain. JOHNS told us that he is very "sensitive" to women and that he can tell what they are thinking, Ne said when a woman feeis "sensual" he can feei a"�ibe" from them. He said that most of the women that come in have a v�be tha4 he feels that teiis him they want more from him than jusf a massage. I asked JOHN� how often he feels the vibe from women. Ne responded "aii the time, most wome�". OFF. BEIVNER asked him "how m8ny women in a monih hBVe you fielt that vibe from when you did touch them?" JOHNS eesponded "Two, and three with today". � asked JOHNS what happened today. He said he was rubbing her leg whsn he got 4he vibe and rnoved h�s hands way up to "you know where". OFF. SIM5 asked him, "did you touch her in The vaginai area?" JOMfVS put his hands up and shrugged and said "yeah". W ith that admission, t infiormed JQHNS that he was under aeresi tor Fhe incident that occurrad today. i took JpHNS into custody without incident. We locked up his house for him and put his house keys with his property. I asketl JOMNS ifi he was being ireated for anything and he responded, "Bipolar". �CCUI.LEY drove by the bcation while J�HNS was standing neui to my squad oar and positively ID'ed him as the party who nad fondled her bstween 1700-1200 hours at 77Q Grand Ave. 1 transpaRed J�HiVS ta HQ. i idenfified him as MACHAGA NATNAIVIEL JOMNS {D08:917f81, 1599 ST. ANTW6NY AVE. #5, H/P:646-1473) with his tviN DL I lwoked JOHNS into the RCJA for Criminal Sexual Conduct - ath Degree, felony. See Authority to Detain, Offender Tracking Form and Criminal History. PUBLIC NARRATI4E Comp was fondled tlurinq a massage, arrest. SEP 69�59 6122653844 Sainf Paui Po9ice Department ^�a'" Rnas �LDPPLElNiEN3�lL O��E�1S� ! iA1CiDENT RE�ORT P.08i14 Paga � of 2 � � �ga Compla+nt Number Refarence C.N. Dare nnd Rme ol Repoa 03186883 08I3it2003 OQ:00 Pnmary offensB SEn OFF�NSE-l1V�ECEdVT LIBERTIES � Pnmary Reporting ONicer W 4lLIAM GlILEC Name o(locetianmusmess: Piimery squad.� �o�i�m of incidenh 77Q GAAND AV ST PRUL MN 55104 Secondary repoAing wfcer. ApprOVing oKcer.' OislriC(: �est8ffl Sile: Secondery aNensa AttemprO�Ny No oate8ttmeofxcursrrce:08/30(200300:QQ to 08(30/2QQ30Q:Q0 arrest maue? No Appears to 6e GartB �� 1�10 PaliceOHicerAssaWteda(nyred NO Pdree Officar AsslSied S�rcitle NO CR1ME SCENE DESCRIPTORS Crime Seene P*ucessed �jp Type �escriptlon Metho(! 4 Pvfnt of Enfry FwcB usad NO Polpta/ enfry Merhpp' HM/nslde NO SOI.VABILITY FACTORS Suspect can be Identihed No Phorns Taken ryp Evrdern�e Tumad In NO Lab BlplOgiCdlAng(ysis �j0 Na�couc Ar471yS1b NO tab Gomments 8y 5lWen Aroperty Traceaolg NO PropeRyTumetlfn NO Ffng9rprints Taken hfp nems Firigerp�Mtea No NAARATIVE On 08-31-03 at 1330 hours i went to the Jail Annex to interview Machaga Nathaniel Johns (fiereafter referred to as "suspecY'j. This interview was recorded on auQio tape. I read the suspec! his �Airanda Rights trom PM247.t-95R whictt the suspect stated he understood and signed to that effect. Befare 1 asked any questions of the suspeci and before I was abls to ask the suspect if he ohose to waive those rights or not, the suspect proceeded to provide me with a rather lengthy explanation as 4o why he was invoking his right tq remain siienc unti! he had an attorney. f naver once asked the suspect any question nor did 1 stop him from talking antl allowed him to continue speakin9. In doing so the suspect saitl "1 don't thmk I want to say anything unel I know if i'il be charged or not just for the simpie fact thai she icnows her side of the siory EX�►ibifi �'3 I , ° �'-15 - 200 3 10:H0 6122653E44 P.09�14 � Saint Paul Police Department �ew RMS P�� z of z �tJPPL�IIItIENTAL OF�ENSE ! �NCI�EE++�T' �EPORT CompJamt Nlrrroer Relerertca C.fv. Data and T7me ol Repon ��$�8 OS/31/2003 QO:OQ ?rtmary oflertse SEX QFFENSE-IIVDECEN7' LiBERTlES �� and the cops already told me that my side of the story is concurrern with what she said, so, 1 guess pretty much of the same stary and repeaf " I had suspecf reaffirm his right to remain s'tlent which he did. The inteNiew wes then terminated. PUBLPC NARRATIVE Please distribute to: _CHF _Hom �ROD _Juv _Oper _PSC _Lab ,__Rec _Team _Sex _D/C _Burg _Theft _Prap _CAU _.., F&F _AUto DAO _CO _Rptr _,Vice �Narco _SIU T .,.T&A _Othar STATE OF MINNF'.SOTA, �$. PLAINTIF'F, Q SERSOUSFELONY ❑ FELOxY ❑ GROSS MiSD DWT � GKOSS MISD ❑ Si1MMQN5 � WARRFsNT � ORDER OF DETF.NTION NAME: firat, middie, iast DATE OF $II2TH SJ[S COA��AFNT NUMBFR YLACHAGA NATB[ANiEL JOHN5 R.AtvISEY COIINTY Cunenlly,n cus[ody. 09/07l1961 62-1i-9-i42705 pEFENDANT During the afternoon of August 30, 2003, O��er Sipes responded to the poiice departmenYs western dismct team office to taice a repoa of criminal sezual conduet. The victim, tdentified here as W.L. M., age 52, from Ss. Paul, stated that at l I a.m. that same day she went to thc hair salon located on Grand Avenue in response to their advenisemenz for a massage she had seen as she drove dawn Grand Avenue. The v�ccim said the male who gave her the massage had his state license displayed an the massage room wall and she thought it was a name similar to Machacha Jahns. He was later identified as MACHAGA NATAANIEL JOHNS, age 21, DOB 09-07-1981, 1599 St. Anthony Avenue, #5, in St. Paul. The victim stated that the massage started out completely pmfessional, but when she felt the masseur reach beneath her covenng and touch her vaginal azea, s@e t7inched, but chought he migh� have made a mistake. The masseur continued with the massage, but then plased his hand direcdy on her sLtons and began to rub inunsely. The victim said she immediately pushed his hant3 away and was in shock. She said she didn't know what to do. She said she confronted the masseur ahout whax happened and he told her he could °read" peaple and pick up �h°�f �'��.. a8 �^v :+' u i@y iJui�i 6cnii3l �i8ttsiiic ifom httn. Tile vicllm stated that she told him he haci broicen a boundary and he admitted to her that he had. Q�cer Sipes, along with O�cers Benner and Sims, went to the Rosie Fiair Designer & Spa located at 770 Grand Avenue in St. Pau1 and were iold that Johns had left. The officers noted that Johns had his state license displayed on the wall. The officers got 3ohns' home address of 1 S99 St. Anthony Avenue, #5, and weoc there and airested Johns. Johns admitted to the officers ahat samething unusaal had happened aT work ehac day, He said he had massaged a ve�man na.�ne3 "McLuily" or something and d�as ihe massage she tolc3 him tha[ she �omi c 9N8 �Xh.r hi#° 1 �� ❑ AME?VDED ❑ TAB CHqRGE PREY7QUSLY FiIFD Complainant is a sergeant in the St. Paul Police Department assig»ed to 4he sex criroes unit and bases tlus statement on the reports developed in rhe case. SEP 10�01 6122653844 P.13i14 "vianted itim to do more. He said she didn't verbat{Ze ic, but said he knew she was th9nking it. He said he was very sensitive to womer� and caa fzel a vibe about whac they are thinking. When he was rubbsng ihe x�oman's leg, he got itte vibe and moved his hand5 up to "you know where", he said. He admitted ehat he touched ihe wom2tt an the vagin2l area The victim wu biought to th¢ scene and identified 3ohns as ihe masseur who had touched her vagina without her consent. Comp7airtant went to the jail to znterview 7ohns and he told complainant that his side of the story was cor�sistent with what the woman totd the golice. COIJNT I On or about the 30th day of August, 2003, in Ramsey County, Minnesota, tfie defendant, NiACAAGA NATHA1vIEL JpH1V5, did wrongfuily and unlawfully engage in nonconsensual sexual contact with ano[her person. Said acts constituting rhe offense of CRIN�NAL SEXUAL CONDUCT iN THE FIFTH DEGI2EE in vSolation of Minnesota Stazute §609.345I, subd. 1(i} and subd. 2 Ma�cimum sentence: I yeaz or $3,000.06 fine, or botlt, :re'oe:::. ., ..:- : .� .:,:.;. ar"`. .... - ✓.,: nc�rwi're bc dtalr with accor COMPLAiNANT'S NAM$; COMPLAtNA7VT'S SIGNATURE WII.I_IAM GII.LET � � � r ` �4�it=t'• �- --- _ _. _... .--'�- ,,;. .�...,,._...,.v. .. ..,,.. 8 e e , i r8';�� e"�e�te?s�e,.bl��eas '�3+$fB�� ihis;Cgm laint...._:,.�. �, � . . ��-,,��,M��.,.r..'�°'r°a9 ._ _. .. . „, ....;..,. -�YeaAP._.�4..°.4:.. F. . . ... _._ '.:'.'_�.. ;:?...., �.3� � DATE: Septembcr 2, 2�n3 PROSECUTING ATTORNEY'S SIGNATCiRE YIlOSE(:i37711�`G�i �r..�,�i�^:s �k' .ee.xi.... �rs t'+^="•;,.;:.�..: �,,.�,.. , _ _ _ ,� ".��.x�i��'�i6.`.�.�diGt.�'t's:l'':!'-�c��+"-:?' i... .,'+; : .',..,": . „ .: ,.>•,. -....,_,..' i "`t>:."'r�F3';�' Ne1M1J7T1ZE aii._ ., ��.._ " _ --,:. . . . � .: ..._ � _ _ :�"s_ �: ADDRESS(TELEPHONE � ]OHIV P. 7'tJOHY 50 W. Kelloge Blvd.. N315, S� PaW, MN 55102 Assissant Connty At[orney 651-266-30981d� Attomey RegisVation #111284 �'Z 9N8 oic2653^044 . - S utCuea !?si: C�M.°IAIN zbscribed :srd sz�rn ro b�jorr rhe rz°.:¢rs:greed fhis ._ �',ay af Nd�lE: Stt'iiJRTi/8c P. iG�`id 20G3. li�x.c: ♦ From tne abave sworn jaas, and any supporting ajjidavits o• supptemersta! swom testimony, I, the Issuing dJJcer, have deierr,u�nzd tr4at pto�tabt� cnri.re �i3u rn.�uppdFr, sulfject t0 0ai1 or condirions oj reiease whe�e appticable, f7elerviant(s) arresr o� othcr tawfut neps 've taken r a�tairt B�en�ant(rj �peavance ue i�ouR, o� hts dertmtors, if aiready in curuidy, pendirtg jvrrher pmteeuings. ?ht Defend�u�t{aj isfare tnereojci+arged witit tite eaove-statea onerue. � THE'REFO.�e 1`oL, THEA$Dv�,VRMBD DE�`L`IYBhNf'(S/, ttRE HEREBY SUMMONEIS ro appzar nn the ,. _ . 2"v!'i3 at .4rvt/F,�1 bejore tize above-nameu cnun ar an,�tr zY<u� co+npla+?+t. fF YE'iu FA7L TO.�PT�ERR trt tESpd+i3e ZD this Siiivflr30lvS, a'N.4RftAlJT FOR 'rOUI`{AkKES7 sh�l1 ba issued day af __ ro � ��:IECUTE 7N MlNNESpTA ONLY � EXECUTE NAT�tlNwIDE To the sherijf of the above-numed counry; oI other perron authoriZed to execnta this WARBAN7} //+erebY order, in the xiame of rhe $rare of �Ntnnesota. that tlte above-mm�d Defendanr(s) 5e apprshended and a�resred without t!e[ay and b�oughr pm.itptfv 5efare rke abwe-narneu coun (ijix session, and if not, before a.ludge dr iudt[ie! p�cei of such courr wit&ouf u�uxecessnry detay, and tn nrsy ea�nP noi 3ater t4an 3$ nours pfter the arr¢a� or as soon lhereafter as surh Jud,Se or ludiciai 0�1'icer i5 pvpcfuble) ro be deulr w��h according tn iaw. �I � I � Since the above•named Defendonrysj ir alreody in eustaiy; I hereby ordCq subject to bail nr coaderivres c�J release, rhat nc� aSwe-xnn'eed Bcjer�d�nt{S) Crrnsinue to 8e detained pending jurtner proceed "mgs. $ail: $:5�^..^'J.30 Cnnditiorss ojKeid�st: No cantact with Wendy iynn lNcGulley, 7Ytis CQM?S.P.INF— W.4x°RANT AF!� ORDER OF rJ' E7':;YTIQN, duiy s:cbs: rekrd aad swcrn tu, is :ssued bv tlie ;ui�lerstgned ::�i,:ttt L'$ter si�is day af , 2pC3. JU(71C}AL bFFICER: NAME: TFILE: StGNqTvRi Sr�errs sest�.r.ony has 6een �iv.art beforc trte lutlieiut O,�'lcr� by e+ta fojlowi�:g witnesses' ST 4'I'm nF *'�INNESOTA C013NTY (3� .°.�'4I3EY 5��, z � ��' Ii1Ii�11V.��(�7CA vs. �.�.'L° f:FL¢.!"a� t�AT'.�A.;°�IEL .ii'�H_NS Plaintiff. i3Ei�S�nf1i C?s:i's Sig.usrurx ar Fe.e Siamp: RETURN pF SERVtCE 1 ftB�eby Cefadfy arid Return rFmt 1 ka��e server� a ropy oflhts COMPZAlNT — WARRANJ' AND fJRDER OF DETENTIQN epon the Dejeridnnz(s} hereve naofed. 9/98 T4TRL P.14 SEP-15-2003 10�09 6122653844 _ Saint Paui Police Department New RMS �� a : � S�PPLEMENT�l. �FFENSE / ItVCiDElVT R�PORT P.10i14 f'ac,p. 7 of z Compls�nr Number Referexe C.N. Oate end Tima o� Repon 031868$3 09103(2003 00:00 Pnmary oNense SEX OF��(VSE-INDECEiVT �1SERTlES PnrrraryReportinqOHicer bV1LLiAMGILLET NameMlocatroN6usiness: pRmary, SQuad, Locatlarr af incident.•770 GRANU AV ST PAUI MN 55104 Sacondery repomng ofAeer. App�ovrng officer, olsr�icr W25tem Site: Date & tfine ot accurence: 08l3012043 00:00 to 06/30l2003 60:06 SecondaryoffBns¢: Arr¢gtmxtle� NO Aftemp(Only NO Appear57obeQengRe/arBd NO Pp1kg OtYresr AsSeuRetl Or Irryured {�j0 Polke OH'Mer Assisretl Suieide- NO CRtME SCENE DESCRIPTORS C�Ime Seene Medrao & Po7nt � entrp Procassea No Forcaused No Typ9 Descriptiorr Point ot aolry Method HidtR$ld2 rJ0 SCILVABiLITY FACTORS Sospectcan be /dend7lBp' Njp Phpt0.5 Takan nj0 Evitlexe Tumed tn NO By 51olen Properry 7raceable NO PropBriy 7umed �[p Lab 6iologfcalAn81ySi6 NO FiRgB�pnntsTaken nJ0 Na�co�uana�ys�s �o tab commenu ltems Firvgerprinted No p�/�1f1M i I�L On Og-02-03 f presenled this case file to Mr ,1ohn Tuotty of the Ramsey County Attornsy's Office for rev�ew and consideration of charges. After it's review, Mr Tuohy issued a cornplaint and Order of Detention charging the suspect Machaga Nsthaniei Johns of one count of Criminai Sexuai Conduct in the Fifth Degree. 9ai1 set at $15,000.00. Compfaint sworn to and filed with the Clerk of Court. Jail and Ident Units were notified. CBA (charged) G�l�'� '�, #� S CITY OF SAINT PAUL Randy C. Ke![y, Mayor October 23, 2003 OFFICE OF TFIE CIT'Y ATTORNEY Manuel J. Cervantes, Ciry Aaomey Civil Division 400 Ciry Hal! ]5 West Ke!logg Blvd. Sain[ Pau[, Minnesota 55T 0? Telephone: 651 266-8710 Facsimile: 651 298-5679 NOTICE OF VIOLATION Machaga N. Johns 770 Grand Avenue St. Paul, MN 55104 RE: Massage Practitioner License held by Machaga N. Johns for the premises located at 770 Grand Avenue, in the City of Saint Paul License ID #: 20030000610 Deaz Mr. Johns: The Office of License Inspections and Environmental Protection (I.IEP) has recommended adverse action against the above-referenced license. The basis for the recommendation is as follows: On August 30, 2003, the Saint Paul Police received a report of a woman who had been a customer of yours on this date. During the massage, you touched her inappropriately. When she asked why, you stated that God had directed you to touch her. Later, when interviewed by the police, you admitted to touching the woman inappropriately and said that you often feel a"vibe" from female customers that tells you they want "more than just a massage." The Office of LIEP will recommend the revocation of your license as a massage practitioner. At this time you have two options on how to proceed: 1. If you do not dispute the above facts you may appear before the Saint Paul City Council to address the appropriate penalty. 2. If you do dispute the above facts, you may request a hearing, which will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be ah1P \ to appear and present witnesses, evidence, and cross-examine the other's witnesses. �� j�'-�^ � '�' (p AA-ADA-EEO Employer St. Paul City Council will ultimately decide the case. se contact me in writing no later than October 31, 2002 to inform me how you wish to eed. If you have not contacted me by then, I will assume that you are not contesting the facts will schedule this matter for a hearing before the City Council for a consent a�enda, at which time your license as a massage practitioner will be revoked. If you have any questions, feel free to contact me at 266-8710. Sincerely, V � ��'t+x�, Virginia . Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Machaga Johns, 1599 St. Anthony Avenue, #5, Saint Paul, MN 55105 AA-ADA-EEO Employer � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 23, 2003, served the attached NOTICE OF VIOLATION placing a true and conect copy thereof in an envelope addressed as follows: Machaga N.7ohns 770 Grand Avenue St. Paul, MN. 55104 Machaga Johns 1599 St. Anthony Avenue #5 St. Paul, MN. 55105 (which is the last known addresses of said person) United States mails at 3t. Paul, Minnesota. Subscribed and sworn to before me this 23rd y of October, 2003. � �_� �� Notary Public __,�,..�..G;� - r � ?�?.'�Cc!e3�t, _e. �3RPSCOl1 ` �'�aZ"�Ci , 'SG-MItiNESOTA '�'" =��i+;ft�iESSiON .`" tP 20Q5 same, with postage prepaid, in the � �- 8`8"� To Whom it may concern, 11-08-03 , ,, . , ...r - �, My name is Machaga Johns CMT and I will be contestingtkercas�.m��tter of Mcully VS 7ohns in the court of law. �` `.� w-' - � A � � �� 2+�� :�� r� ,�,,� �•i Ce�t� � 26�30��1� � � s .,-��; ��s, � �'��`t. � �` " 6cl�rbi�' � �� ;.r�"" ` CITY OF SAINT PAUL Randy C. Ke11y, Mnyor November 21, 2003 r ::. OFFICE OF THE CITY ATTORNEY ManuelJ. Cervantes, CiryAftarney Civil Divisiors 400 Ciry Hnli 15 West Kellogg B[vd. Saint Paul, Minnuota 55l02 Telephorte: 65I 266-8710 F¢csimile: 65/ 298-5619 NOTICE OF HEARING Machaga N.Johns 770 Grand Avenue St. Paul, Minnesota 55104 RE: Massage Practitioner License held by Machaga N. Johns for the premises located at 770 Grand Avenue, in the City of Saint Paul License ID #: 20030000610 Dear Mr. Johns: Please take notice that a hearing will be held at the following time, date and place concerning your license application identified above: Date: Monday, December 29, 2003 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 AA-ADA-EEO Employer �ibft ,� $ 1 � The Council of the City of Saint Paul has the authority to provide for hearings conceming license applications and for adverse action against such license applications, under Chapter 310, including sections 310.05 and 310.06, ofthe Saint Paul Legislative Code. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your license as follows: On August 30, 2003, the Saint Paul Police received a report of a woman who had been a customer of yours on this date. During the massage, you touched her inappropriately. When she asked why, you stated that God had directed you to touch her. Later, when interviewed by the police, you admitted to touching the woman inappropriately and said that you often feel a"vibe" from female customers that tells you they want "more than just a massage". The Office of LIEP will recommend that revocation of your license as a massage practitioner. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Lagislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in ciose proximity to the licensed premises may have substantial interest in the outcoma of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by The City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the producfion of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incoxporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the Notice of Hearing - Page 2 ---�, a2legations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Secfion I4.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, / [J L ij�J� �i �"`.G�'`-� `� G�X��"� _ � Virginia D. Palmer Assistant City Attomey cc: Machaga Johns, 1599 St. Anthony Avenue, #5, Saint Paul, MN 55105 Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, MpIs, MN 55401 Mary Erickson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Summit Hill Association, Ms. Ellen Biales, Executive Director, 860 St. Clair Ave., Saint Paul, MN 55105-3210 Notice of Hearing - Page 3 A , j , allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless obj ection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. V ery truly yours, L � l ,wL�i'i._��, � Virginia D. Palmer Assistant City Attorney cc: Machaga Johns, 1599 St. Anthony Avenue, #5, Saint Paul, MN 55105 Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Mary Erickson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Suxnmit Hill Association, Ms. Ellen Biales, Executive Director, 860 St. Clair Ave., Saint Paul, NfN 55105-3210 Notice of Hearing - Page 3 � w .... STATE OF MINNESOTA ) ) ss. COITNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly swom, deposes and says that on November 26, 2003, served the attached NOTTCE OF HEARING by placing a true and conect copy thereof in an envelope addressed as follows: Machaga N. Johns 770 Grand Avenue St. Paul, MN. 55104 Machaga N. Johns 1599 St. Anthony Avenue #5 St. Paul, NIlV. 55105 (which is the last known addresses of said person) United States mails at St. Paul, Minnesota. the same, with postage prepaid, in the Subscribed and swom to before me this 26th day of November, 2003. / � r Notary Public �; � __ + ° _ �<i,�:. . �` R3Yt�, �. a3Crc��P2D ', sYm� N07A2Y��0LIC-'s91N?iE�'7A h'Y C:_i�.:st„gS7Cl�7 £;!F°!a; _C .3R�d. 3'i, 2.Cv^5 .. _-�..�.,,�.,,-,�..,,or ,k : �1a,�1'�� t��, i� : � — STATE OF NIINNESOTA COUNTY OF RAMSEY In the matter of the Civil Commitment of: CASE TYPE INDICATOR: CNII. - MENTAL HEALTH ��L�� CIVtL COMMITME�TS DISTRICT COURT SECOND JUDICIAL DISTRICT PROBAT'E DIVISION FILE NO.: P9-04-6 Machaga Nathaniel Johns, N��K ! 7 200<i Respondent. �, ,� By V✓\ , TO: Machaga Nathaniel Johns and Gerald C. Rummel, Esq. Petitioner and County Attorney SUNIMONS AND NOTICE A Petition for judicial commitment under Rule 20 of the Rules of Criminal Procedure was filed in this Court by Ramsey County Attorney, on March 19, 2004. The petition claims that Machaga Nathaniel Johns is a mentally ill person and in need of treatment. On March 24, 2004, a hearing on that claim will be held. Copies of the document(s) are attached to your copy of this Order. PLEASE TAKE NOTICE: 1. Gerald C. Rummel, 2314 US Bank Center, 101 East Fifth Street, St. Paul, MN 55102, Telephone: 651-254-5339 is appointed attorney for Machaaa Nathaniel 7ohns, subject to respondent's right to employ any other attorney. THE ATTORNEY SHALL HAVE ACCESS TO ANY AND ALL MEDICAL RECORDS AND/OR MEDICAL DATA. 2. A a pre-trial heazing will take place before this Court at 8:30 A.M. on March 24, 2004 at Rea ons Hospitai, Room 115, Building 3, St. Paul, Minnesota. 3. Machaga Nathaniel Johns is summoned to appear for the a pre-trial heazing at the time and place stated above. FAILURE TO APPEAR MAY RESULT IN AN ORDER TO TAKE MACHAGA NATHANIEL JOHNS INTO CUSTODY. UPON RECEIPT OF THIS NOTICE PLEASE CONTACT YOUR ATTORNEY REGARDING T'ffiS MATTER. Dated: March 19, 2004 CIVIL COMMITMENT DIVISION BY: '`�7�'/ Deputy Clerk � �`C�( � �'-� �a'- l COURT FILE NO ��/ - ��7`' -'Ja�BD b DATE REVIEW AND STATE OF MINNESOTA SECOND JUDICIAL DISTRICT APPROVAL RAMSEY COUNTY PROBATE DIVISION ( � °r r�Y-. CIVIL COMMiTMENTS MAR i � ZOOd 72 HOUR PHYSICIAN'S HOLD: YES NO �Y..,"'w"_"-" --°-•-EXPIItES COUNTY OF RESIDENCE /-C�j�s�/� �7 COUNTY OF LEGAL SETTLEMENT��?'lSL' VETERAN: YES NO RULE 20: ES NO /� � ��/ Zo, o Z PETITIONER /'t / G/ /� JJ /� f��> �f2t f3ei/ NEW 18M0 lYR EXPII2. OF PRESENT COMMITMENT � �S � MI� CD MR MI&D SDP SPP 1TP: YES NO ECT: YES NO SDM: YES NO lYAME OF SPECIFLC SDM REQUESTED ! /� COUNTY ATTORNEY'S REVIEW/APPROVAL OF PETITTON BY:-E�� ON: � A�I� — �I APPREHENSION AND/OR HOLD ORDER RECOMMENDED: YES NO BASIS FOR RECOMMENDATION: Physician's Hold and Affidavit C��lilili f�1 ��/� �O �e iv OTHER (Explain)p! � Z �/�� Sl9"!? �J�. �`� 6� �� O G �.SLC pcY � f7�� !�v ��LG St/�/� !l9!l d�' C/J�1l9t �=r� r�,/� ll�dC� 2S3,q a 7 ScG�� / (�� cf2iltiti�iL�G- ✓dz��/d6 c�-�/ �� ils�� i� �/-��,� aF 5�0�l:,�/ DISTRIBUTION UPON COMPLETION OF FORM: COURT FILE; COUNTY ATTY OFC; DEFENSE ATTORNEY Review and Approval (1l98) DATE OF BIRTH y J� c�� PRESENTLY AT /� }' f} c7 !/L� STATE OF MINNESOTA COUNTY OF RAMSEY In Re the Matter of: CIVILi�LhE TS DISTRICT COURT SECOND NDICIAL DISTRICT MAR 1 9 2004 PROBATE COURT DIVISION $� 62-P9-04-006 COUN'I'Y ATTORNEY'S PETITION FOR Machaga Nathaniel Johns, JUDICIAL COMMITMENT UNDER RULE 20 R[JLES OF CRIMTNAL PROCEDURE Respondent. ----------------------------------- Pursuant to Minn. Stat. §§ 253B.07, 611.026, and Criminal Rule 20.02 Richard H. Hoffinan, the Assistant Ramsey County Attomey hereby petitions the Court and respectfully represents that: 1. The Respondent was born September 7, 1981, and resides at 1599 Snelling Avenue, St. Paul, MN 55104. 2. The Respondent is a legal resident of Ramsey County, Minnesota. 3. The names, addresses and telephone numbers of RespondenYs spouse, neazest relatives, or others aze: Name Relationship Address Telephone No. 4. Based upon the attached material, and the District Court file, the Respondent is believed to be: Mentally ill X Mentally retarded Chemically dependent_ Mentally ill and dangerous_ Psychopathic personality Wherefore, Petitioner requests this Court to find the Respondent is mentaliy ill and to continue his commitment subject to his provisional dischazge and the requirements of cruninal Rule 20.02 for the protection of society. The nine page medical report of Thomas G. Gratzer, M.D., will be offered as an exhibit at the preliminary hearing. �9 Dated: March L8�2004 Petitioner: SUSAN GAERTNER Ramsey County Attorney BY��%��?��%��a %`L� Richazd H. Hoffinan Assistant Ramsey County Attomey 50 W. Kellogg Blvd, Suite 560 St. Paul, MN 55102-1657 (651)266-3115 Attomey Reg. No. 45950 STAT`E OF MINNESOTA � � � � � DISTRICT COURT COUNTY OF RAMSEY 2U64 MAt� -3 A 9' �COND NDICIAL DISTRICT R,6��S�Y O;STRiC i C�URT CLERK Court File No. K1-03-3276 State of Minnesota, Plaintiff, FINDINGS OF FACT, CONCLUSIONS OF LAW AND VERDICT OF NOT GUII.,TY ORDER � Machaga Nathaniel Johns, Defendant. The above referenced matter came on for hearing before the undersigned on March 1, 2004, for a court trial on stipulated facts at the Ramsey County Courthouse, 15 West Kellogg Boulevard, St. Paul, Mi�nesota 55102. 'I`he.defendant appeared personally and was represented by Kenneth J. Weitz, Esq. The State of Minnesota appeared by John Freeman, Assistant Ramsey County Attorney. Based upon all the testimony introduced at the hearing, the written submissions of counsel and the file, the Court makes the following: Findines of Fact: 1. Defendant did knowingly and voluntarily sign a written waiver of his right to a trial by a jury on March l, 2004. -I- 2. The parties have stipulated that the factual record in this matter consists 23 pages of police reports relating to an incident that occurred on or about August 30, 2003, in the Ramsey County and the Rule 20, Report of Exainination prepared by Thomas G. Gratzer, M.D. On or about August 30, 2003, Wendy Lynn McC�lly, date of birth, June 7, 1951 was a customer at a message parlor, Rosie's Hair Design, located at 770 Grand Avenue, Saint Paul, Ramsey County, Minnesota. 4. Defendant was employed by the massage parlor. Defendant did perform a massage on Wendy Lynn McCully 6. During the course of that massage defendant did intentionally touch Wendy Lynn McCully's genital area. McCully did not consent to the touching. Conclusions of Law Defendant did commit the crime of Criminal Sexual Conduct in the Fifth Degree "by virlue of touching the genital area of another. The touching was not otherwise consented to. 2. At the time. of the offense, August 30, 2003, defendant was both manic and psychotic. 3. In the opinion of Dr. Gratzer at the time of the August 30, 2003 offense, defendant was suffering fzom a mental illness that prevented him from either understanding the nature of his actions or the wrongfulness of his -z- achons. � E Verdict Defendant is not guilty of Criminal Sexual Conduct in the Fifth Degree. Order Defendant is hereby adjudged not guilty of the charge of Criminal Sexual Conduct in the Fifth Degree. IT IS SO ORDERED. Dated�f � ��,v'.c-�' `.' � � l Dr. Gratzer's opinion was not controverted. Defendant meets the criteria for a M'Naughten defense. BY THE COURT %ry(.�— 1�t � . S H. CLARK, JR. of Dishict Court -3- CCT I�ST CHARGE STANTE ONLY subd MOC GOC LA07�' N CO ATTY CONTROI FILE NO. AGENCY 0620900 03186883 NO. COURT FII.E NO. DATE PILED more Nan fi counGs STATE OF MINNESOTA, VS. ❑ AMENDED ❑ TAB CHARGE PREVIOUSLY FII.ED PLAINTIFF ❑ SERIOUS FELONY ❑ SUMMONS ❑ FELONY � WARRANT ❑ GROSS MISD DWI � ORDER OF DETENTION � GROSS MISD NAME: fust, middle, last DATE OF BII2TH SJIS COMPLAINT NUMBER MACHAGA NATHANIEL JOHNS Rar�tsEY Courr['Y Currently in custody. 09/07/1931 62-11-9-142705 DEFENDANT Complainant is a sergeant in the St. Paul Police Departrnent assib ed to the sex crimes unit and bases this statement on the reports developed in the case. During the afternoon of August 30, 2003, Officer Sipes responded to the police department's western district team office to take a report of criminal sexual conduct. The victim, identified here as W.L. M., a�e 52, from St. Paul, stated that at 11 a.m. that same day she went to the hair salon located on Grand Avenue in response to thear advertisement for a massage she had seen as she drove down Grand Avenue. The victim said the male who gave her the massage had his state license displayed on the massage room wall and she thought it was a name similaz to Machacha Johns. He was la[er identified as MACHAGA NATHANIEL JOHNS> a�e 21, DOB 09-07-1981, 1599 St. Anthony Avenue, #5, in St. Paul. The victim stated that the massa�e started out completely professional, but when she felt the masseur reach beneath her covering and t�� hAr ��a�_ �'�?! �.Yea, she flinched, but thought he mi�ht have made a mistake. The masseur continued with the massage, but then placed his hand directiv on her clitoris and beean to rub intensely. The victim said she immedia[ely pushed his hand away and was in shock. She said she didn't know what to do. She said she confronted the masseur about what happened and he told her he could "read" people and pick up their vibes as to when they want sexual pleasure from him. The victim stated that she told him he had broken a boundazy and he admitted to her that he had. Officer Sipes, along with Officers Benner and Sims, went to the Rosie Hair Designer & Spa located at 770 Grand Avenue in St. Paul and were told that Johns had left. The officers noted that Johns had his state license displayed on the wall. The officers got Johns' home address of 1599 St Anthony Avenue #5 and went there and arrested 7ohns. Johns admitted to the officers that somethin� unusual had happened at work that day. He said he had massa�ed a woman named "McLully" or somethin� and durin� the massa�e she told him that she �� C 9/98 �JIS #6z ii � �;�:r �?' a O: ii�IPiT�iFPPL '�-.�-� �`"�-��'-�".�-t_ / 9=142705. t �.0 _ EMENT �'`'-' �_� ��_��-� tPage 2 of 3; r � wanted him to do more. He said she didn't verbalize it, but said he knew she was thinkin� it. He said he was very sensitive to women and can feel a vibe about what they are fhinkin�. When he was rubbin� the woman's leg, he got the vibe and moved his hands up to "vou know where". he said. He admitted that he touched the woman in the vaainal ar a. The victim was brought to the scene and identifie� d Johns as the masseur who had touched her vagina without her consent. Complainant went to the jail to interview 7ohns and he told complainant that his side of the story was consistent with what the woman told the police. COUNTI On or about the 30th day of August, 2003, in Ramsey County, Minnesota, the defendant, MACHAGA NATHANIEL JOHNS, did wrongfully and unlawfully engage in nonconsensual sexual contact with ano[her person. Said acts constitutin� the offense of CRIMINAL SEXUAL CONDUCT IN THE FIF"TH DEGREE in violation of Minnesota Statute §6093451, subd. i(1) and subd. 2 Maximum sen[ence: 1 year or $3,000.00 fine, or both. DATE: September 2, 2003 PROSECUTING ATTORNEY'S SIGNATURE »-� ,�.• sa- ,�-��-r ��----� � �z-� r�.--�.� � � �-�� PEtOSECUTIIVGAT'TORNEY� � �.,��- ,.s �..�,,.,_�,-�� +u�-= �°" ,, 3 .�-,..�.�_"",°n'`,.s'�'� '�- ,�- ,..: ,�,�:.= - ��e� t:::�^ �:.� NAMEITITLE ADDRESSITELEPHONE JOHN P. TUGHY 50 W. Kellog� Blvd., #315, S(. Paul, MN 55102 Assis[ant Counry Attomey 651-266-3098/ar A[mrney Reeistration #I 1128� �-2 9/98 COMPLAINANT'S NAME: COMPLAINANT'S SIGNATURE WILLIAM GII.LET . $ #62 11-9,=1A�7�5 � -�..�'�C'( �LAI I�FTSUPPLEII%IE1� '--�� s � � a� "'�;,� � '"-� �- � `'s"--°:� � _ �. �.��-V>Page3�of 3-r< �ourt Ca>e.� iy rhis COMPLqINT was subscri6ed and sworn to before the undersigned deis _ day of 2003. NAME: SIGNATURE /., TiTLE: i i •i:�: From the a6oue sworn facts, and any supponing a,ffidavits or supplemental sworn teslimony, I, the Issuing Of�cer, huve determined that probable cause ecists to suppon, subject to bail or conditions of releare wkere appticable, Defendant(s) arrest or other lawful steps be taken to obtain IJefendant(s) appearance in court, or his detentiorz, if already in custody, pending furtherproceedings. The Defendarst(sJ is/are thereof charged with the above-stated offense. ❑ / I THEREFORE You, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the 2003 at AM/PM before the above-named coun at answer this complaint. !F YOU FAlL TO APPEAR in response to tkis SUMiYIONS, a WARRANT FOR YOUR ARREST be issued. day of to � i : l f : �Yl . � EXECUTE IN MINNESOTA ONLY ❑ EXECUTE NATIONWIDE To the sheriff of the above-named counry; or other person authorized to execute this WARRANT,� ! hereby order, irs the name of the Stare ofMinnesota, d2at the above-named Defendant(s) be apprehended a�zd arrested without delay and 6rought promptly before tke above-named court (if in sessio�t, and if not, before a Judge or Judicial O,fficer of such court without unnecessary delay, arzd in any event not later than 36 hours after the arrest or as saon thereafter as such Judge or Judicial Officer is avai(able) to be dealt with according to law. � t ' � ' 1 I t Since the above-named Defendant(s) is already in custody; 1 hereby order, subject to bail or conditions of release, that the above-named Defendant(s) contirtue to be detained pending funher proceedings. Bail: $ I.i Conditions of Release: No contact with Werzdy Lynn McCulley. Tliis COMPLAINT — WARRANT AND ORDER OF DETENTION, duly subscribed and sworn ro, is issued by ehe undersigned Judicia! O�cer this day of , 2003. JUDICIAL OFF/CER: NAME: TITLE.• SIGNATURE Sworn restimony has been given 6efore the Judicial Offcer by the foflowing witnesses.� STATE OF MINNESOTA COUNI'Y OF RAMSEY STATE OF MINNESOTA vs. MACHAGA NATHANIEL JOHNS Plaintiff, Defendant Clerk's Signature or File Stamp: RETURN OF SERVICE 1 hereby Certify arzd Return that 1 have served a copy of this COMPLAINT — WARR�INT AND ORDER OF DETENTION upon the Defendant(s) herein named. 9/98 P9-�J4-6 :��: Regions Hospital�. 640 Jackson Sveet St. Paul, MN 55101-2595 (612) 2213456 PROVISIONAL DISCHARGE CONTRACT �.0�1 �7S i Patient Chart Gerald Rummel, .Attorney of Record County Attorney Civil Commitment Division Sandy Nelson, At9RTC (fax) Brent Schumacher, Case Manager I, Machaga N. Johns, understand that I am being provisionally discharged from January 21, 2004 to July 15, 2004. I further understand that my le�al status is commitment to Regions Hospital, Anoka Regional Treatment Center and Commissioner of Human Services. I am under the jurisdiction of the Probate Court of Ramsey County. If I am able to get along without serious problems during this time, I will be directly discharged and my commitment will be ended. If I am unable to maintain sufficient stability to carry on the routines of daily (iving, or if I threaten to harm myself or others, or if any of the provisions of my treatment plan have been violated, I understand that I may be placed in a more restrictive setting. This could include hospitalization and/or revocation of my provisional discharge and commitment may be extended up to one year. TREATIVIENT PLAN: I. I will attend all scheduled outpatient psychiatric appointments and take medication as prescribed/recommended by my outpatient psychiatrist. I will accept a monthly injection of medication if indicated. 2. I will reside at Ramsey County Jail and will make no change of residence without the approval and knowledge of my case manager. 3. I will si�n all releases for information that are requested and cooperate with all recommendations of the case management team. 4. I will meet with and cooperate with my case manager weekly or as arranged, Brent Schumacher, 256-1247, South Metro Human Services of Ramsey County. 5. I will allow medication monitoring by my case management team or its designee. 6. I will abstain from illicit drugs, non-prescribed medications, and alcohol. 7. I will attend alI appointments concerning mental health and chemicat dependency on a consistent basis. 8. I will agree to random drug screening if recommended by my psychiatrisUcase management team. 9. I will engage in no criminaf or illegal activity. I understand and agree to foflow the conditions ofthe above stated Provisional Discharge Contract and Treatment Plan. �- Z � �/:l f, DATE ( r ��7�� DAT i Tbe rais>ion of Regiaes Hospitaf i> to improve t{�e henitG of ou> patieut> and community by providing high quality health case aubich meets the needs ofal! oeoole. Rezions Hnsnical.� „ mo..,bo. „frho HnnlrFPn.r.,n.� c,,..:r,. „t[,,.,.r,[. �..... ,..,.,._:._.:,,... .=\ . � .. STATE OF MINNESOTA COUNTY OF RAMSEY In Re: MACHAGA N. JOANS, RESPONDENT RAMSEY CO. Case Number: 62-P9-04-000006 MELINDA S ELLEDGE RAMSEY COUNTY ATTORNEYS OFFICE SUITE 315 - GOV'T CENTER WEST ST PAUI, MN 55102 N O T I C E O F F I L I N G ; aaai797 SECOND JUDICIAL DISTRICT ST. PAUL, MINNESOTA 55102 0 F O R D E R You are hereby notified on January 22, 20�4 a ORDER OF 1-15-04 FINDINGS & ORDER FOR COMMITMENT AND TREATMENT WITH NEUROLEPTIC MEDICATTON JD was filed in the above enti.tled matter. A true and correct copy of this notice has been served by mail upon the parties named herein at the last known address of each, pursuant to the Minnesota Rules of Civil Procedure. � Michael Moriarity, Court Administrator By Dated: ,7anuary 27, 2004 'Deputy l STATE OF MINNESOTA CASE TYPE INDICATOR: CIVIL — MENTAL HEALTH COUNTY OF RAMSEy � DISTRICT COURT SECOND JUDICIAL DISTRICT PROBATE DIVISION FILE NO. P9-04-6 � Tn the matter of the Civil Commitn Machaga N. Johns, RespondenY. FINDINGS AND ORDER FOR CONID�IITMENT AND TREATMENT WITH NEUROLEPTIC MEDICATION The above-entitled matter came on for trial on January 15, 2004 at the Regions Hospital Courtroom, St. Paul, Minnesota, on the Perition of Regions Hospital dated January 2, 2004 for the 7udicial Commitment of Machaga N. Johns as a mentally ill person and on the Petition of Janet Zander, M.D. dated January 5, 2004 for an Order for Authorization to Impose Treatment with Neuroleptic Medication: Machaga N. 7ohns, the respondent, was present and was represented by Gerald C. Rununel, a Court-appointed attomey. The petitioner was not present, but was represented by Melinda Elledge, Assistant Ramsey County Attomep. Also present: Brent Schumacher, Mental Health Resources, Case Manager; Julie Johns, Mother; and Nicole Sipes, St. Paul. Police Officer, Witness. Upon ali the files, records and upon the testimony of Nicole Sipes, Brent Schumacher, Julie Johns, Dr. Janet Zander, Machaga N. Johns and Dr. Hector Zeller, the Court makes the following: FIlVDINGS OF k'ACT 1. Notice of hearing was given to all necessary parties. 2. Petitioner and respondent were properly represented by le�al counsel. The hearin� was conducted in compliance with the procedures required under the Minnesota Commitment and Treatment Act. 3. Macha�a N. Johns has his residence in Ramsey County, Minnesota. 4. Machaga N. Johns is a mentally ill person as defined by Minn. Stat. 253B.02, Subd. 13, and meets the statutory criteria for civil commihnent. 5. The respondent is a 22-year old man whose date of birth is September 7,1981. He has a history of treatment for mental illness dating to December, 2002. At that time, he was hospitalized at Rea ons Hospital for approximately two weeks. He attempted to steal from a Foot Locker Store and was found on ttie street babb2ing unintelli�ibly. I�e also pulled a necklace off a clerk in a McDonald's Drive-in. At that time, he believed that people were watching him and that God was sending messages to him. He also reported that he heard the Devil speak to him. He was treated for psychosis 1VOS and discharged to his family home. 6. On December 19, 2003, he was brought into Regions Hospital by his father. He reportedly was threatening to kill himself, talking to the TV and the Devil. While in the hospital, he had a drug screen, which was positive for THC. He had a Rule 25 Assessment and refused voluntary chemical dependency treatment. On January 2, 2004, he was on a 72-hour hold and in seclusion because he picked up and threw a heavy large wooden chair across the room when a social worker asked him a question. In the hospital, he was noted to be pazanoid and delusional. He was seen "air-boxing" and threatening staff. 7. Dr. Janet Zander, the respondenPs aftending pfiysician, festified ffiat the resporizl�nt was hallucinatin� in the Emergency Room when he came into the hospital. He was hearing 2 ( voices. He was diagnosed to haue a bipolar affective disorder. When asked about taldng medication, he said that he did not want to talce medication. Dr. Zander told him that when he did this, he became symptomatic. The last time he was in the hospital, he was supposed to continue to take his medicafion, but he discontinued, and now he is back in the hospital. Dr. Zander said that the respondent is makin� progress in the hospital. He is better than when he entered. I3owever, he continues to heaz voices. He is on 800 milligrams of Seroquel, which is the maximum dose. Dr. Zander testified that if the respondent was not under an emergency order or a Court order, he would not take the medication as prescribed. She recommended that the respondent be committed to Regions Hospital for continued treatment and that a Treatment Order be issued. 8. Dr. Hector Zeller, a Court-appointed examiner, testified that the respondent is sufferin� from a bipolaz affective disorder. He is �andiose. He has a delusional system. Other symptoms include rapid speech, overproductiveness and circumstantial speech. He told Dr. Zeller that he was not interested in treatment and that he wanted to leave the hospital. Dr. Zeller testified that the respondenYs judgment is severely impaired. He needs future stabilization on medication. If released, he would have more difficulty in the community. He is very intrusive to others and he is very grandiose. In his present condition, he could not be employed and coul — �a not take caze of himself in the community. Dr. Zeller also recommended the issuance of a Treatment Order. 4. On A oQust 30, 2003, the respondent was working in a massage parlor in St. Paul. He was mass �°ing a female and touched her genitals. When he was asked about fliis, he said that he felt sensual vibes from the woman he was massaging, and she wanted him to touch her. He 3 admitted, however, that she did not say anytrring to him to indicate a consensual sexual contact. He has been char�ed with a Gross Misdemeanor in connecrion with this incident and is presently on a thousand dollar bail. 10. The respondent is a danger to himself and a danger to others. He is delusional. He is hearing voices and actin� on the voices. Because of these delusions, he has a pending CTross Misdemeanor chazge. In his present condition, he is not able to provide for himself in the community. He is not workin� and he has no means of support. He is riot able to pay his rent and has been assisted by his mother. 11. The Court has considered alternatives to involuntary hospitalization. The altemative � presented by' the 'respondent is �hat he be released to seek outpatient care: However; t3se respondent has told the examiners and also told his treating physician at Re�ions Hospital that he will not continue to take his medication and he will not continue to cooperate with his case management team. He is so grandiose that he is not able to comprehend that he has a mental illness or is in need of treatment. Voluntary treahnent is not possible because of his delusional system and his grandiosity. In view of this, there is no less restrictive altemative than involuntary hospitalization and treatment under a neuroleptic treatment order. 12. Machaga N. Johns lacks the capacity to make decisions regarding the administration of neuroleptic medication because he: a) Does not demonstrate awareness of the nature of his situation, including the reasons for hospitalization and the possible consequences of refusing treatment with neuroleptic medication. 0 b) Does not demonstrate an understanding of treatment including the risks, benefits, and alternatives to neuroleptic medication ireatment. c) Has not communicated a clear choice regazding treahnent with neuroleptic medication that is reasonable and not based on delusions. 13. Alternatives have been considered by the Court. T"here is no reasonable and available altemative. 14. The use of neuroleptic medication in this case is not experimental and there is not an available altemative treatment. The benefits of treahnent with neuroleptic medication clearly outweigh the risks and intrusiveness of treahnent. It is both reasonable and necessary that the respondent be treated with neuroleptic medication at this time. - 15. The Court considered the respondent's_family and community, as well as respondent's moral, religious and social values. Based on these considerations, a reasonable person would authorize treatment with neuroleptic medication. 16. The respondent is a danger to self or others and has attempted physical hann to himself or others and has failed to provide himself with food, clothing, shelter, safety or medical caze. 17. Case manager is: Brent Schumacher, Mental Health Resources, 1821 University Avenue, Suite -464, St. Paul, Minnesota 55104. 18. Attomey of record is: Gerald C. Rninmel 2314 US Bank Center 101 East Fifth Street St. Paul, MN 55102 651-254-5339 5 CONCLUSIONS OF LAW l. Machaga N. Johns is a mentally i11 person who meets the statutory criteria for civil commitment. 2. Macha�a N. Johns has an or�anic disorder of the brain or a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which �ossly impairs jud�nent, behavior, capacity to recognize reality, or to reason or understand, which is manifested by instances of grossly disturbed behavior or faulty perceptions and poses a substantial likelihood of physical harm to self or others. This is demonstrated by a failure to obtain necessary food, clothing, shelter or medical caze as a result of the impairment or by a recent attempt or threat to physically hasxn self or others. 3. Machaga N. Johns is in need of commitment and said commitment shall be to the custody of the head of Regions Hospital, St. Paul, Minnesota, Anoka-Metro Regional Treatment Center, Anoka, Minnesota, treahnent facilities, and the Commissioner of Human Services, St. Paul, Minnesota. 4. Said treahnent facilities aze the least restrictive treatment facilities that will meet the respondent's needs. C�]�T� 1. The Rights of Patients provided in Minn.Stat. 253B.03 are incorporated in this order by reference. 0 , , 2. Macha�a N. 7ohns, having been found to be a mentally ill person and in need of commihnent, the Court orders that the respondent is committed to the custody of the head of Re� ons Hospital, St. Paul, Minnesota, Anola-Metro Re� onal Treatment Center, Anoka, Minnesota, treatment facilities, and the Commissioner of Auman Services, St. Paul, Minnesota, for an initial period not to exceed six (� months. Written reports shall be filed with the Court according to law. The effective date of commitment is January 15, 2004. 3. Neuroleptic medication may be administered to Machaga I�. 3ohns by the treatin� physician or designee without consent of Machaga N. Johns. This order expires on July 15, 2004, or at the termination of the commitment if it occurs before the expiration date. �BI� 3°� OURT: _,-��.. � T�� J�}�s�F. Finiey Ramsey County Court Commissioner Date: 2` L ='fl � � 7