State of Minnesota County of Hennepin

District Court Fourth Judicial District

CCT

LIST CHARGE STATUTE ONLY

MOC

1

§609.342

L1B31

GOC

N

CTY ATTY FILE NO.

06-6507

CONTROLLING AGENCY

COURT CASE NO.

Amended if more than 6 counts (see attached)

if Domestic Assault as defined by MS 518B01, sub2a,b

State of Minnesota, PLAINTIFF,

CONTROL NO.

0271100

06107423 DATE FILED

Tab Charge Previously Filed

SERIOUS FELONY

SUMMONS

FELONY GROSS MISDM DWI GROSS MISDM

WARRANT ORDER OF DETENTION EXTRADITION

VS. NAME: first, middle, last

Date of Birth

JOSE FRANCISCO GOMEZ 06045650 Last Known Address: 9020 45th Avenue North DEFENDANT. New Hope, Minnesota 55428

11/24/74

Legal Edge Number LE#: 06-33264

AMENDED C O M P L A I N T The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s). The complainant states that the following facts establish PROBABLE CAUSE:

The offense portion has been amended to remove the reference to statute 609.3455 in the offense section. The probable cause portion remains the same. Your complainant, Sgt. John Holthusen, is a police officer with the Minneapolis Police Department. In that capacity, he has investigated the facts and circumstances of this case by interviewing witnesses and reviewing reports and records. That investigation revealed the following facts: On June 26, 2006, your complainant interviewed a known juvenile female, Y.A. (DOB 9/5/90), who reported that she was sexually and physically abused by her former step-father, an adult male known as JOSE FRANCISCO GOMEZ, DOB 11/24/74, the Defendant in this case. Y.A. reported that when she was about 7 years old, in 1997-1998, she lived with her mother and siblings in Minneapolis, Hennepin County, Minnesota. She reported that Defendant physically abused her and her siblings and that he sexually abused her during that period. She reported that he removed her clothing and attempted to insert his penis in her vagina, but that it was too painful. She reported that he licked her vagina with his tongue and kissed her putting his tongue in her mouth. She stated that Defendant threatened to call immigration authorities if Y.A. reported the abuse to anyone. Y.A. reported the abuse to her mother, L.A. Your complainant interviewed L.A. who reported that she married Defendant on July 4, 1996, and that they moved to Minneapolis. L.A. reported that Y.A. told her about the sexual abuse on August 12, 1997. L.A. confronted Defendant and she reported that Defendant admitted the abuse, but claimed that Y.A. agreed to the sexual activity. L.A. reported that she told her minister in 2000 about the physical and sexual abuse. Your complainant interviewed the minister who confirmed that L.A. reported the abuse to him in 2000 and that he encouraged her to leave Defendant. L.A. reported to your complainant that she had believed she would go to hell if she divorced Defendant. FORM-J

REV. 12/95

COMPLAINT SUPPLEMENT CCT

SECTION/Subdivision

M.O.C.

GOC

Y.A. reported that Defendant sexually and physically abused her brothers, H.D. (DOB 2/13/94) and J.A. (DOB 3/14/92). H.D. and J.A. were interviewed by your complainant and reported that they were physically and sexually abused by Defendant, but were unsure whether the abuse occurred when they were living in St. Paul or when they lived in Minneapolis. Your complainant confirmed that Y.A. lived in Minneapolis in 1997-1998 and attended Minneapolis Public Schools during that period. Defendant is not in custody. OFFENSE CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE (FELONY) MINN. STAT. § 609.342, SUBD. 1(a), SUBD. 2; § 609.101, SUBD. 2 PENALTY: 0-30 YEARS AND/OR $12,000-$40,000 That on or between 1997 and 1998, in Hennepin County, Minnesota, JOSE FRANCISCO GOMEZ, born 11/24/74 engaged in sexual penetration with a known juvenile female, Y.A., born 9/5/90, a person under the age of thirteen years, and more than thirty-six months younger than JOSE FRANCISCO GOMEZ. NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat. § 609.49.

THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: (1) arrested or that other lawful steps be taken to obtain defendant’s appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANT’S NAME:

COMPLAINANT’S SIGNATURE:

John Holthusen DATE:

Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEY’S SIGNATURE:

vkl PROSECUTING ATTORNEY: NAME/TITLE:

DANIEL ALLARD (345210) (By: Burns) Assistant County Attorney FORM I-2

ADDRESS/TELEPHONE:

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-2750 Rev. 3/94

Court Case # ________________________ This COMPLAINT was subscribed and sworn to before the undersigned this ____ day of __________________, 20___. NAME: SIGNATURE: TITLE:

FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant(s) arrest or other lawful steps be taken to obtain Defendant(s) appearance in Court, or his detention, if already in custody, pending further proceedings. The Defendant(s) is/are thereof charged with the above-stated offense.

SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _______ day of ____________________, 20_____ at _______ AM/PM before the above-named court at _______________________________________ _________________________________________________ to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

WARRANT EXECUTE IN MINNESOTA ONLY To the sheriff of the above-named county; or other person authorized to execute this WARRANT; I hereby order, in the name of the State of Minnesota, that the above-named Defendant(s) be apprehended and arrested without delay and brought promptly before the abovenamed Court (if in session, and if not, before a Judge or Judicial Officer of such Court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer is available) to be dealt with according to law.

ORDER OF DETENTION Since the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions of release, that the abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: Bail to Remain as Previously Ordered

Conditions of Release: Conditions of Release to Remain as Previously Ordered

This COMPLAINTWARRANT duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

NAME: TITLE:

SIGNATURE JUDGE OF DISTRICT COURT

Sworn testimony has been given before the Judicial Officer by the following witnesses:

STATE OF MINNESOTA

COUNTY OF HENNEPIN

STATE OF MINNESOTA Plaintiff Vs.

Clerk's Signature or File Stamp:

RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT – SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent:

JOSE FRANCISCO GOMEZ Defendant.

FORM-J

REV. 12/95