10-25-1999 Council Packet - Laserfiche WebLink

Home Browse Search

DATE: ( -V MEMO October 6.1999 TO:Lin Vee, City Clerk FROM: Sgt. Jim Morowczyriski, Orono Police Department SUBJECT: Liquor License Application F:: your request, the Police Department has conducted a background investigation in reference to Ja.nes Dwayne Anderst and his application for transfer of liquor license. The investigation consisted of a review of the application and information provided by Mr. Anderst, a check of his criminal history, driving record. Department of Public Health warrants, as well as local record checks from his residences in Excelsior and Minnetonka. A review of these records show a number of questionable contacts that may have an effect on the applicant’s request for liquor license. In reviewing the driving record of Mr. Anderst, it indicates several traffic violations since 1990 and also an Implied Consent refusal in 1982. The 1982 violation would be an alcohol related violation. /i review of the criminal history of Mr. Anderst shows an arrest for fifth degree criminal sexual conduct that took place on September 8,1995. The arresting agency was South Lake Minnetonka Police Department. We did make contact with the South Lake Minnetonka Public Safety Department, and a copy of their record check of the subject is enclosed. It does reflect on July 25,1994, a sex offense occured where the subject was named a suspect. A check of the South Lake records did produce a copy of the criminal complaint that was issued on August 24, 1995, for criminal sexual conduct in the fifth degree against James Dwayne Anderst for a Gross Misdemeanor offense of criminal sexual conduct. In reviewing the body of the complaint, it indicated that the initial offense occun-ed in 1994, and an investigation was conducted by South Lake Mir.netonka Public Safety. Initially, no criminal charges were filed against the subject by the Hennepin County attorney's office. Subsequently, the victim in the sexual assault did file a civil case against the subject, Anderst, and in court Anderst denied the allegation. Later in the court proceedings in April of 1995, Anderst retracted his testimony and indicated under oath that he had lied in his earlier statement and that the allegations as presented by the female victim were true and accurate. He was advised by council at tliat time that his admission could lead to criminal liability for both changing his testimony and admitting the truth of the victim's account. Based on this victim's account and Anderst's changing his testimony in the civil suit, he was subsequently charged with a criminal offense. He was convicted of the criminal offense and was placed on probation. It