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Ltr from Lt. of Police re: Investigation of 3 Affidavits Presented by CouncilCITY OF HOPKINS 1010 FIRST STREET SOUTH HOPKINS, MINNESOTA 55343 612/935-8474 February 17, 1981 TO: The Honorable City Council and Manager FROM: Donald W. Bentley' Lt. of Police SUM": Investigation of Affidavits presented to Council by Edward Cohen RECAP: There are three affidavits. Ms. Sylvia Contreras made affidavit in regard to a call alledgedly made to City Hall by Mr. Mel Dart at the time she was hued. Ms. Deborah. Berg and Ms. Rolande Gardner both claim to have been present at the time Diane Morvich was hired and both swear they heard Mr. O. Paul Carlson call Ms. Morvich's name into City Hall. On Tuesday, February 10th, 1981, I spoke with Ms. Rolande Gardner at her home, 1351 O Hampshire,St. Louis Park, EN. Ms. Gardner was quite hostile. At first, she told me that she had nothing to say to me and that I could talk to her attorney. I explained that the Council merely wanted to know- how she remembers the incident of the call (when Morvich was hired) so well. She told me that she recalled the incident because it occurred on the day before her birth- day, and that 1Korvichh was "Debbie's girl friend and that Debbie (Berg) was all excited because Morvich was caning to work at the Key. When I_ 'asked Ms Gardner "If she would testify to the contents of her affidavit in a court of law she replied, "Well, it's only for the City Council, They told me it would be easy. I won't testify for no court, I have a 'very strict family, and my brother lives in town. My God, what are they trying to do to me? They didn't tell me I'd have to go to court, no, I won't go to court." I asked who 'they' is, but she re- fused to tell-me and referred me to Key or the 'attorney'. Since I had been unable to locate Deborah. Berg at the addresses and phone numbers listed on the Golden Key employee list, I asked Ms. Gardner if she knew where Berg could be located, She told -me that she and Berg are both working at Carlson and Dart's other establishment, Eve's Health. Club at 8565 Central Avenue NE in Minneapolis. She then said 0 she was late for work and had to go. She said that she would tell Berg to call me. I was unable to contact Ms. Berg at Eve's, and after two days of fruitless searching, called Mr, Paul Carlson who told -me that Berg does not work at Eve's. He said he may have used her to fill in fran time to time in the past, but not lately. I found this interesting because not only had Gardner told me that Berg works at Eve's, but several other ladies who wish to remain anonymous told. -me the same thing, -2- I still have not 3,ocated Berg and feel that it wo .ld be f tless I dia The moment 3 to q, the word went out not to talk to nom. This feeling is further sub standtiated by the phone conversation I had with Contreras on Thursday, February 12, 1981. I called the Contreras residence several times during the week and got no answer. On Thursday morning, I sent Officer Miller to the residence and he reported that although it was obvious that place was occupied, no one would come to the door, so he wrote a note asking Sylvia to call us and slipped it under the door. About an hour after Officer Miller reported back to me, Sylvia Contreras called. She said "What's your problem I explained why I wanted to speak with her, and she replied I could "talk with the attorney She went on to say that she "heard from certain people that I'd been around causing trouble and raisin a ruckus" and since I did not have anything on her, I had no reason to talk to her. She said as far as she was concerned, the affidavit is the truth and she will testify in court before the TV cameras. She also said something about the problem being between the Golden Key and the City Council. She spoke rapidly in a raised voice, and it was quite obvious to me she's been coached because her entire diatribe was based on, and similar to, the conversation I'd had on Tuesday with Gardner. Because we'd had so much difficulty contacting these persons, it became obvious that we could never finish this report in time for the February 17, 1981 agenda. We there- fore attempted to send a letter to Mr. Mel Dart explaining that his appearance before the council would be postponed until March 3, 1981. 4: u i h to Mr. Dart at his last known address; letter was to be hand delivered by Officer S ts. t the address that appears on his 1980 license application, 4400 West Arm Road, Spring Park, MN. This is an apartment complex. The Officer that attempted to deliver the letter was told by the 'management of the complex that there is no Mel Dart living there, no do they have any records indecating that a person named Mel Dart has ever lived there. The letter was delivered to the office of Edward Cohen, attorney of record. RE MARES Neither Norvich.not Contreras were present at the Golden Key on the night of 8- 21--80 when the fact that the names of certain employees of the club had not been submitted to the city as required by the ordinance came to our attention. Nor were Morvich or Contreras mentioned by Dart on January 6, 1981, when he admitted before the Council that he had not registered the names of the three employees who were working at the club on 8- 21 -80. Whether the three affidavits are valid or not is moot because the three affidavits only deal with. two of the five persons wham we contend were not properly registered with the city, Diane L, Morvich. and Sylvia Contreras. The registrations of the other three persons, Louise Glass, Susan K. Wilson, and Sylvia Broneske, known to have been employed at the Golden Key, are not mentioned in any of the affidavits no has the management of the Golden Key addressed the registration of these three individuals in any way whatever, with the single exception of the night of January 6, 1981 when Mr Dart admitted to full Council that the three individuals named above had not been registered as required by law.. it seems to those of us charged with this investigation that the submission of these three affidavits is merely a smoke screen to divert out attention from the real issue, which is that there were five employees not properly registered, not merely two 0 0 March 16, 1981 ITY OF OPKNS 1010 FIRST STREET SOUTH HOPKINS, MINNESOTA 55343 612/935-8474 To whom it may concern: 1 hereby certify that the following list of names where not submitted to this office as employees of the Golden Key with their 1980 City License. Sylvia Contreras, 11- 16 -58, 1554 Grand Ave., St. Paul Louise Glass, 6 -6 -54, 911 22nd. Ave. So. #282, Minneapolis, Mn. Suzan K. Wilson, 7 -1 -57, 2633 Queen Ave. No., Minneapolis, Mn. Sylvia L. Broneske, 3- 29 -53, 5801 Winnetka Ave. No., Minneapolis, Mn. Diane L. Movrich, 12- 23 --56, 10946 Thomas Ave. So., Bloomington, Mn. 6 License Clerk Iii 1 O M. COHEN SsOC FATES RNEYS AT LAW ELARD TOWER PARK, MINNESOTA s•e -esoo STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Golden Key Health Club, Inc., a Minnesota corporation, vs. Plaintiff, William P. Craig, City Manager for Hopkins, Minnesota, and the City of Hopkins, Defendants. STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) SYLVIA CONTRERAS, being first duly sworn upon oath, deposes and states as follows: 1. That the affiant resides at 2742 Hennepin Avenue South, Apartment 103, Minneapolis, Minnesota. 2. That the affiant is employed by the Golden Key Health Club, and has been since August 8, 1980, and is employed on a part -time basis as a masseuse. 3. That the affiant has knowledge that between 3:00 p.m. and 5:00 p.m., on August 8, 1980, the affiant was interviewed by Mr. Melvin Dart, the owner of the Golden Key Health Club. 4. That the affiant also has knowledge that when she was interviewed by Mr. Dart, that he accepted her application for employment, and that Mr. Dart called in her name to the City of Hopkins. 5. That the affiant knows that when Mr. Dart called in her name to the City of Hopkins, that he asked for a certain lady with the City of Hopkins, he spoke to her, that he gave this lady her name, her address, and her birth date, and he ended his conversation with the words, "Okay, good bye." AFFIDAVIT 1 COHEN IATES YS AT LAW ARD TOWER K, MINNESOTA 6900 6. That after rlr. Dart called in affiant's name, he told affiant the rules and regulations regarding operation of the Golden Key Health Club, and that all rules and regulations were complied with by the affiant. 7. That the affiant has knowledge that her name was one that was reported into the City of Hopkins, and that she has knowledge that her name was called in by Mr. Dart. FURTHER YOUR AFFIANT SAYETH NOT. S LV CONTRERAS Subscribed and sworn to before me this 15th day of January, 1981. 4„,'/ 3 Notary Public -2- 'Cld.lVAJ4,4wflnUM, A A.' A. n n: d n n I"! p d e n A ,.p X' SHAR ^±1 A. CC,LLF,HAN V �s��{/ Ytl fr'y corn's,,:, EY,,Itcs Mar. 23, 1983 xyv qp, {rVv1. v r)s rt,VVVVVVV YVW 4 r,. M. COHEN A SSOCIATES ATTORNEYS AT LAW 1390 SHELARO TOWER LOUIS PARK, MINNESOTA 346 -6300 STATE OF MINNESOTA COUNTY OF HENNEPIN Golden Key Health Club, Inc., a Minnesota corporation, vs. Plaintiff, William P. Craig, City Manager for Hopkins, Minnesota, and the City of Hopkins, Defendants. STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) DEBORAH BERG, being first duly sworn upon oath, deposes and states as follows: 1. That she has been employed by Golden Key Health Club of Hopkins, Minnesota, for two years. 2. That your affiant was present on the business premises when Mr. 0. Paul Carlson called the City of Hopkins and reported to the proper officials at City Hall that he had hired one, Diane Morvich, to work at Golden Key Health Club. 3. Diane Morvich had been recommended by your affiant, and on Friday, June 20, 1980, between noon and 1:00 p.m., Diane Morvich came in for an interview. 4. After the interview, your affiant and Rolande Gardner, who' were then on duty, asked Mr. Carlson whether Diane had been hired. Mr. Carlson affirmed this and stated she was going to start work that night. 5. Mr. Carlson then called Pat at the City Clerk's office while your affiant was present in the room and listening in, and when Mr. Clarson was halfway through with the conversation Rolande Gardner came in and heard the second part of the conversation. IN DISTRICT COURT FOURTH JUDICIAL DISTRICT AFFIDAVIT Subscribed and sworn to before me this 15th day of January, 1981. FURTHER YOUR AFFIANT SAYETH NOT. 1.• 4r., Notary Public 7 f {ti lf�LLy� MAAAAALi,lAn, nann,aA A_rn1.,n'e, A 4,, 0. sh• X SHARD` 3 A. CALLAHAN f N CT Y•' M'N NESOTA i"i� ;'''L�': CGUNTl •i• My Commission Expires Mar. 23, 1983 t -2- EBORAH BERG %1. COHEN ASSOCIATES TTORNEYS AT LAW 30 SHELARD TOWER ■OIS PARK, MINNESOTA 846-6300 11 STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Golden Key Health Club, Inc., a Minnesota corporation, vs. William P. Craig, City Manager for Hopkins, Minnesota, and the City of Hopkins, STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) ROLANDE GARDNER, being first duly sworn upon oath, deposes and states as follows: 1. That the affiant resides at 1351 Hampshire Avenue, Apartment 300, St. Louis Park, Minnesota. 2. That the affiant was employed by the Golden Key Health Club as a masseuse. 3. That the affiant has direct knowledge that Paul Carlson, one of the owners of the Golden Key Health Club, did make a telephone call to the City of Hopkins, to report in the name of Diane Morvich. 4. That the affiant was present in the room when this telephone call was made by Paul Carlson, and said telephone call was made on June 20, 1980. At that time Paul Carlson told the City of Hopkins that Diane Morvich was employed by the Golden Key Health Club. 5. That the affiant has since learned that Diane Morvich is listed as one of the employees of the Golden Key Health Club, for which there is no record that her name was reported to the City of Hopkins, pursuant to local ordinances. Plaintiff, Defendants. 4 AFFIDAVIT t 6. That the affiant knows that this telephone call was made, and that the name of Diane Morvich was, in fact, reported to the City of Hopkins, in compliance with the licensing requirements for massage parlors and saunas. FURTHER YOUR AFFIANT SAYETH NOT. Subscribed and sworn to before me this 15th day of January, 1981. 7 1 Notary Public X. A. ASAA I.!, Mnn ,nnnernAAnn',J. ,AA l` C: j' i P, l l! `l r, C f. L 1 S i: t. N t Ft: i::";1•1 COUNTY My Ccnmim;s: Ex !;cs Mar. 23, 1983 )t (411 Fr_1J Jvi ROLANbE GAR