Laura and I believe Black was given his marching orders on that day (November 4, 2011) to get rid of her case along with the Schwab Taliaferro case, partially supported by the following: During the November 4, 2011 off camera recording of Black and Ross Erickson, you can hear the following: Black: I have so much to lose. Save my name, email, and website in this browser for the next time I comment. Then those comments would be taken out of context and used against them. The only thing left is for involuntary sex reassignment. It will be interesting to see how much this one will cost as the ags office will probably have to farm out the defense of this. The jury found that Kaiser suffered retaliation and gender discrimination after she complained of sexual harassment by one of her colleagues in October 2011. >> Lauras complaint will be heard in both South Dakota Federal and State court proceedings. [/PDF /ImageC] So youre saying, Bob, dont just feign it? Required fields are marked *. Statewide, SD. Zylstra decided to talk about the harassment with fellow Aberdeen agent Mark Black, with whom she had a close relationship. (Remember, this is the same Mark Black who eventually was fired from the DCI following revelations of violent behavior toward his own wife.) endobj Yea. He said, she said, with the DCI boys holding the stay out of trouble card in the form of shared talking points. Meanwhile, Mark Black was in the Brown County DCI interrogation rooms going after the Mette children in a strategic attempt to get them to change their stories. Following trial, Kaiser commented: "I would like to thank the jury for their time and for giving me justice. Asking Were you horny when you were pregnant?; Saying Go ahead and walk away, because I am going to stare at your ass the whole time; Texting her to ask what color underwear she was wearing; Stating it was a good thing she was not single because otherwise he would hit on her all the time; Remarking that Plaintiff looked hot when she wore glasses. She was paid on Wednesday after several months of negotiations. Purpose: Conducts independent investigations or coordinates investigations with other state, Black complained to DCI supervisors that Kaiser created a hostile work environment. Dont ever approach me again.. I truly doubt it many other individuals would have endured what she has and kept on fighting to get to this point. We have only heard one side of the story and based on that, and they are part of the current administration, you folks have already tried, convicted, and sentenced them. Women are not perfect. I say so here and now. /Subtype /Image Washington, DC; Chicago, IL; New York, NY; San Francisco, CA; Dallas, TX; Search. We believe the interrogations were live streamed to Pierre with someone feeding Black intimidating, confusing and attacking questions to ask the Mette children. q But in this lawsuit it says 'Marty Jackley, in his official capacity as Attorney General for the State of South Dakota and Marty Jackley personally.' Jenny, how about Rochester? Apply to Correctional Officer, Inventory Associate, Special Agent and more! Maybe it was around in the old day, but not now. Indeed, we are reading here only the complaint. Child abuse cases ought to have the same standard. Zylstra Kaiser filed grievances over the demotion and transferwith Gortmaker and Attorney General Marty Jackley. 3 0 obj In October 2011, Kaiser confided in fellow DCI agent, Mark Black, about how to respond to Ericksons harassment. /Type /Page During the chain of events, Jackley's name was replaced on the agreement with, "elected and appointed officials," and then to Craig Ambach, the Director of the Office of Risk Management for the state. The Director of the Division of Criminal Investigation, Bryan Gortmaker, first received the compromise settlement agreement and release in full of all claims on Friday, May 18, 2018. <> In the summer of 2011, Ross Erickson from the Brown County Sherriffs office joined the Drug Task Force and began making sexually harassing comments to Kaiser. WebDowty v. D.C.I. For a moment,Zylstra thought shed found a supportive ear: Black was supportive offered to speak to Erickson for Plaintiff. MC, the deck continues to be stacked in favor of the rapist/molester/harasser. We would have been better off reporting these crimes to the Girl Scouts. Plaintiff was reassigned to the Medicaid Fraud Control Unit in Pierre, South Dakota, over 150 miles from Aberdeen, effective January 3, 2012. << endobj But MC, I am inclined to think that the more to the story may well follow the lines that Shirley and David lay out for us. Imagine Marty Jackley complying with a federal judge to hand over DCI emails, people. $20 says this thing never goes to court and is settled for an undisclosed ammount. Based upon these dates, this settlement was not delayed. Following a five-day trial in Aberdeen, South Dakota, a six-person jury returned a $1.2 million dollar verdict in favor of former South Dakota Division of Criminal Investigation agent, Laura Zylstra-Kaiser. As you look through the sections that describe the duties of the Division of Criminal Investigation, you will notice that we are very busy working in the background to keep South Dakota citizens safe. Kaiser said she was reluctant about telling her superiors and eventually was forced out of her post as retaliation for reporting it. If we blogged about every one of those crimes it would be 100 times the volume of blogging that Mr. H can issue forth. /BitsPerComponent 8 /Parent 3 0 R Kaiser was hired by DCI in 2003, and worked for eight years as a special agent on the Drug Task Force, a collaborative team consisting of officers from DCI, the Brown County Sherriffs Office and the Aberdeen Police Department. Governor Signs Ban on Gender-Affirming Health Care for MinorsReferendum Can Delay Ban for Two Years, SB 193: Mistrusting Teacher Expertise, Castleberry Subjects All Classroom Materials to Lengthy Public Review, Boobgate: Frye-Mueller Gives LRC Staffer Lewd Advice About Husband's Help in Breastfeeding, Heidelberger Right, SD Wrong: One-Year Deadline for Initiative Petitions Violates First Amendment, HJR 5004: Venhuizen Trying to Sabotage Medicaid Expansion with Work Requirement, SD Health Care Association: Nursing Home Crisis Becoming Catastrophe, Powers Sides with Schoenbeck over SDGOP Sponsors on Expanded Primary Bill, HB 1234: Hansen Wants Vouchers to Send Public Money to Religious Schools, SJR 504: Brent Hoffman Seeks Term Limits to Boot Novstrup, Schoenbeck from Senate, South Dakota legislators once again voted to harm families, so we must remember them and vote them out in 2024, After a series of winter storms, regulators approve new standards for power plants, We cant deal with the explosion of gun violence in America until we can hold a rational discussion on guns, Libertarian Party of South Dakota Announces State Convention, Officer Elections This Year, South Dakota Democrats are becoming extinct, February 22, 2023: COVID Weekly Data Update, City of Sioux Falls will be hosting weekly pressers, Try not to wear gold watches when pleading your case. JFIF It looks like an impossible trial to get a verdict. MC-you got your story ass backwards. /PAGE0001 Do Women and children cant do it. Kaiser told Erickson to stop, but his comments persisted. Makes one wonder if DCI does anything right. Both grievances were denied. You slime every other Republican male because MCs nave embracement of the establishment, in his bid to be named as Hickeys replacement? The sentence is always a lifetime sentence of shame. /ColorSpace /DeviceRGB Kaiser went before reporters this afternoon to set the record straight, she said, because Attorney General Marty Jackley is accusing her and her lawyers, as well as Rep. Kristi Noem (R-South Dakota) of conspiring against him in his bid for governor. Former Division of Criminal Investigation special agent Laura Zylstra Kaiser of Aberdeen is suing DCI chief Bryan Gortmaker and former DCI agent Mark Black for hindering her employment. In the court of public opinion, the truth doesnt matter, only how it is spun. Keep in mind that I have several wonderful male friends whom I respect and enjoy. The total warrants served in 2011 were 401. Indeed. WebThe DCIs work isnt always about enforcement: its about education, too! Kaiser then confronted Erickson one-on-one and asked him to stop the harassment. Wingnuts are spinning a tangled web and one day they will receive their just rewards. And the U of MN has added the Affirmative Consent Sexual Activity standard. Plaintiff thanked Black for his support and asked him not to tell anyone about her difficulties with Erickson. Black then met with Erickson, DCI agent Dave Lunzman and Brown County Sherriffs Deputy Damien Bahr at a local park. At the conclusion of trial, the jury found in favor of Kaiser on both her retaliation and gender discrimination claims. You cite a few anecdotes, and Im sure instances happen. Powers spins this story because Dan Kaiser is a constant burr under the establishment machines saddle, and because establishment crony Marty Jackley is running for governor. Zylstra Kaiser says she went to work for the DCI Drug Task Force straight out law school in August 2003. HB 1221: Free School Meals for Every Student in South Dakota! Unbeknownst to Plaintiff, Black told Brown County Deputy Damian Bahr and DCI Agent Dave Lunzman, the only other law enforcement in the Aberdeen office, about Ericksons treatment toward Plaintiff. @Roger Cornelius Curious when you did your nation wide survey that supports your asinine assertion? WebThe South Dakota Division of Criminal Investigation (DCI) is accepting applications for DCI Special Agent I or II at this time. We are South Dakota's premier criminal justice and criminal investigative agency. Mrs Kaiser is in fact Rep Dan Kaisers wife, a noted male Republican, who obviously supports her. Anyone believing Marty and the DCI want federal probes of their white boys club is delusional. For The four men decided that Kaiser fabricated the sexual harassment allegations as test for Black and decided that they could no longer trust her and refused to work with her. << /PAGE0001 7 0 R >> Erickson said, Thats just the way I am, but Kaiser said that was not acceptable. Plaintiff apologized and stated that it was not her intent to have the office know about the issue. All you need to know about him is that he is an habitual liar. No. /MediaBox [ 0 0 612 792] Black attempted to shift the blame to Plaintiff and began ignoring her. There are some parts of SD where women are treated with respect and dignity. Your email address will not be published. Do any of you know the complex and exhausting process Laura Kaiser had to go through before she could actually file this type of complaint in both Federal and State Court? <> "At that time the DCI attorney said they didn't have any money to pay me," Kaiser said. It happens everyday all over this country, yet when republicans face heat they yell there is another side to this story (without telling it) or that the perp must be proven guilty. The jury awarded Kaiser $311,812.00 in lost wages, $498,929.00 in lost retirement benefits, and $400,000.00 in emotional distress damages. WebSouth Dakota Attorney General Mark Vargo named an interim director of the South Dakota Department of Criminal Investigation on Tuesday. Kaiser received positive reviews throughout her career. Skill and professionalism are just as important as the ability to connect on a personal level. <> Thats a wonderful policy. Since then, Mark Black has stated he never contacted or interviewed by law enforcement or the Attorney Generals office regarding my criminal complaint and only learned about it after the SD AG had dismissed my complaint as reported by news media. "I received a text message from an Aberdeen attorney -- who i'll just leave as anonymous at this point --it said, 'I just talked with Marty on your case, hope that is OK, may I call you to be an intermediary directly with him to have no appeals?' This law suit may lead the way. In December 2011, following the work improvement plan, DCI informed Kaiser that effective January 3, 2012, she would be demoted from Special Agent III to Special Agent II and transferred to the Medicare Fraud unit in Pierre, South Dakota, away from her husband, Dan, an Aberdeen police officer, and fourteen month old child. While none have involved sexual advances (in either direction), the descriptions of DCI personnel here fit with my observations in general of DCI agents. WebSOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY prevention protection enforcement March 9, 2022 The Honorable Spencer Gosch Speaker of the House 500 E. Capitol Avenue Pierre, SD 57501 RE: HR 7001 Speaker Gosch: I understand that the House Select Committee on Investigation is close to concluding its work in examining the Its extremely rare that I hear women made fun of or harassed here. The only way this will ever before a jury is if Ms. Zylstra Kaiser asks for more than Marty is willing to pay: its just that simple. If all of this is true, then they deserve everything they have coming to them. She lost her dream job and her career because she stood up for what is right. >> )/ Unless she has some kind of admissible digital evidence shes screwed. Finished: John D. MacDonald's 'The Brass Cupcake'. Brady Folkens ashes should be divided up and ground into the carpets at the governors mansion and at Martys house. Its likely that Mike Clark isnt crazy enough for Daugaard by somebody like Roger Hunt or Allen Unrubb might just be insane enough for Denny. Whalen Law Office, P.C. WebDivision of Criminal Investigation Welcome to the DCI Website. 2013) case opinion from the District of South Dakota U.S. Federal District Court I have worked with the nicest, most decent, sweetest homosexual men and can tell you that I much prefer them over some straight guy that thinks hes gods gift to women. The author Claire Wolfe once said America is at that awkward stage; its too late to work within the system, but too early to shoot the bastards. My Family and I have spent years trying to report a case of $800,000 of fraud and theft to DCI in South Dakota. The latest Tweets from South Dakota DCI (@SouthDakotaDCI). 1 0 obj WebBrett D Spencer worked as a Dci Special Agent III for the State of South Dakota and in 2020 had a reported pay of $35.02 and a pay frequency of hourly according to public records. The language of the settlement agreement states the following: The payment will be made by delivering the checks to Kaisers attorneys so that the checks are in their hands no sooner than May 21, 2018, but in no event later than June 8, 2018. Little wonder that the misanthropes on the public dole who infest the halls at DCI are thuggish, criminally insane, entitled white guys living under their own rules instead of under the law. Clark bemoans an America moving forward under a black Democratic president but supports the criminal actions of Denny Daugaard in a crime-ridden, disease-prone chemical toilet like South Dakota: how bipartisan. Disgusted that Mrs Kaiser had to put up with such criminal behavior by a co-worker and then her supervisors. Thats too bad for SD and a real reason people leave. And I have met with Jessica Page, who despite appearing to sincerely want to help the crime victim, was completely incompetent. As a reminder, I filed a criminal complaint against DCI Agent Mark Black for perjury and other related felonies on March 13, 2014 and ironically he was fired by the AG on that same day. This is so wrong and. Kaiser was transferred to Pierre, demoted from Special Agent III to Special Agent II and moved to a less desirable position. Let the defendants defend themselves in a court of law. Gay men in MN are very open now when it comes to gay equality and all I can say is that the world has been a better place for me for having met these decent men. x3>J, .$Sku4ftRQJ~}9NdHq.qP/zixl~omw77DH?cI,(RV/{~,HAI56i%R,LW|R//7,XEZ!o@%BCW%rQ5IY\FrR},X@%YtLs6IEE$Q$ YYZwLwK/woUJm7rwznh?h-;o yGH-S$$O"hIc They greeted each other with an extended ritual of feigned nut-grabbing and knee-lifts-to-groins that would have appeared immature among 10-year-olds, and was performed in front of the county treasurer and auditor windows. Preston Johnson, Special Agent E-mail: preston.johnson@oig.hhs.gov US Department of Health and Human Services, OIG . An anatomy of the dysfunction under which so much of state government operates. Denny Daugaard and Marty Jackley can already see Hell from their decks, Ms. Schwab: if only it was from prison cells. WebDCI Special Agent I or II State of South Dakota South Dakota, United States 3 weeks ago Be among the first 25 applicants See who State of South Dakota has hired for this role endobj I have had numerous interactions with various DCI agents over the past 40 years. After the failed communicative efforts, Kaisers attorneys filed an affidavit detailing the communication issues, as well as motions with the court to compel the settlement amount on May 14. Over the past couple of years, Laura and I have compared our particular time lines along with documented facts and discovery. endobj {H% Q"4#H" b+X)o)0QfxR%) sY&){%=@XIO}6GLqGpbZ}Z*JvE|*T9c427]L93a>]rO[ $Y9G$\gUf E@S|#8 z{LjS(}[v=]j>aTSy?7.ZSzvQ_e+*-Aq:)K=IooGwLMMqBR|r.k`,R&? This case and settlement was handled by the Governors Office of Risk Management and the States insurance company. %PDF-1.5 Clark is pounding sand into our assets. We believe the both in front of me were our individual cases. Severson initially came to Centerville on August 18, They got both in front of me., Erickson: Stick with me Ill take you to the promised land.. I have seen situations were women have threaten sexual harassment, to get what what they want. When watching the recordings of those interrogation videos, Mark Black can be seen receiving text messages and phone calls (along with occasional breaks while leaving each of the children alone for long periods of time in the cold, scary and isolated rooms) during the entire interrogation process. She appliedfor jobs with the Department of Social Services, the Department of Corrections, the Department of Labor Relations, and private employers but received no offers, because, she alleges, of DCIs negative references and misrepresentations about [her]employment, demotion, discharge, and performance. She filed charges of discrimination in 2014 against those three state agencies who didnt hire her. % We are only seeing one side of the story. endstream WebThe State of South Dakota offers employer paid health insurance plus eleven paid holidays, generous vacation and sick leave accrual, dental, vision, and other Posted Posted 30+ stream This is one of those rare situations where the accused should be guilty until they prove themselves innocent. She was living away from her husband and baby. Supervisor Jason Even took the mens side immediately, accused Zylstra Kaiser of fabricating the sexual harassment allegations against Erickson, and warned her that the issue could lead to her termination. My Mother first reported these /Filter /DCTDecode In August 2011, Kaiser was ranked as meets or exceeds in every job category. Former South Dakota DCI Agent Represented by Nichols Kaster receives $1.2 Million Jury Verdict after Suffering Retaliation and Discrimination Following a five-day trial in Aberdeen, South Dakota, a six-person jury returned a $1.2 million dollar verdict in favor of former South Dakota Division of Criminal Investigation agent, Laura Zylstra-Kaiser. So, the bad guys got away; not because they were clever criminal masterminds, but because of the corruption and incompetence of SD DCI Law Enforcement. They hadnt noticed because it was a routine event. PLEASE ATTACH THE I once saw a group of about a dozen DCI agents called from all over the state to testify at a trial as they arrived and gathered in a courthouse lobby. '!kcE!>{=C9Cv G4]mY01I&Em@6cR1d>!B u A South Dakota Division of Criminal Investigation agent is up for a national award, but he needs your help. c+g4]AjC`D93P=%OEY&TJ?2m;_e[F(Q\yv|.hxysU-nu#oRmX&{;=e|h=*)X+eZR~,-Erh? P.O. April 15 came and went and after multiple unreturned emails regarding the settlement agreement in April, Kaiser's lawyer was eventually told Jackley had been unavailable because he'd been in Washington, D.C. for the previous two weeks. "It was communicated to my attorneys that there had been a storm and part of a roof came off a building so Bryan Gortmaker is not available," Kaiser said. She seeks, among other things, a jury trial, compensatory relief and damages arising from loss of past and future income, benefits, emotional distress, and other damages, with interest on such amounts, and punitive damages in an amount in excess of $75,000, and lawyer fees. She says shereceived positive performance reviews through mid-2011, when she says her mid-year evaluation praised her for her exceptional work product, ability to work amicably with other DCI agents and members of her task force, relentless work, and above-average case activity.. The case is titled, Laura Zyltra Kaiser v. Bryan Gortmaker, in his Official Capacity as South Dakota Director of the Division of Criminal Investigation, 15-CV-1030. I hope Zylstra Kaiser rips them to shreds. But i doubt it. DCI Special Agent I or II in South Dakota State Government; Rapid City, SD. St~|AJtSZ]l!YBY?$@,!U82XV{/p*6)aPV%l[#gX[G|H5>>&AIX%q.&F%fF7vM4}"~W2(/:>)cS| a. It appears the DCI & AG offices are incapable of investigating themselves, much less being trusted to know what right looks like, then do it. Cops lives suck. There are just too many smart capable women in power. /Resources TFeJxXop(I#Z,k^Uv "A@'(''C6eRE .Qn4vL*2{i}SaeaXCYzoKmw7'}jgaL@gWan7T4('9|K,"-w^l. JOB DETAILS. box 160 Pierre, SD 57501 Telephone: 605-224-8803 Attorneys for Defendant and Appellee _____________________ Incremental steps have been taken to give the victim a little better chance. South Dakota has a criminal for a governor just like voters wanted. D-D$3I20eV&,$~ n. I think it important we look at the big picture and the intricate timeline that comes into place with Lauras sexual harassment lawsuit and the criminal acts by the same state players in the Schwab Taliaferro malicious prosecution case. On information and belief, and knowing Even would investigate Plaintiffs harassment complaint, Black worked with Erickson, Bahr, and Lunzman to formulate a set of talking points in an effort to have Plaintiff removed from the department or terminated, including planning to state they did not trust Plaintiff, she falsified the harassment to test Blacks trustworthiness, they were unwilling to work with her, and that she was mentally ill and schizophrenic[Complaint, 2015.09.23]. A jury awarded Kaiser a settlement for sexual harassment and other damages on Dec. 27, 2017 against her former boss, Bryan Gortmaker. A special agent of the South Dakota Division of Criminal Investigation (DCI) sought several search warrants involving the Implicated Individual. Kaiser said at that time she signed the agreement. In a court of law under one party rule,the truth is whatever the one party decides it is. Males need to change other males. What a filthy, nasty man! The DCI will get its day in court, but the question is how to give many other apparent miscreants their day in court. DCI then conducted an investigation focused on Kaiser, accusing her of fabricating allegations as a trust test and placed her on a Work Improvement Plan just a few days later. On or about October 20, 2011, Erickson told Plaintiff that Black had told the entire office about what was happening. 4:2012cv04002 - Document 45 (D.S.D. I reported the criminal complaint to Director Gortmaker, Mike Rounds, Dennis Daugaard and Attorney General Marty Jackley. <> WebDCI Special Agent I or II South Dakota State Government Statewide, SD. 'GE%ueEy Z"*L>O ;FVIL$E ^tjx%|{/&,8px%q|A`;%)e9SO8w% That agreement along with forthcoming agreements included a non-disparagement clause, which forbid Kaiser from saying anything negative about the case, the people involved in the case or her former employer. /ProcSet 6 0 R View Background Report Sponsored Brett D Spencer 's Record in 2020 Name Brett D Spencer Location South Dakota Phone Ad View phone number Payroll Year 2020 I looked around to see if anyone was noticing. Popular Locations. They were dated back to March. Later in the week, Kaiser received another agreement with a payment date of June 8. endobj #Bh@*Jpi\uRML)p\;SuS(dO}Ziq.!n1+*T82 ,sV2 #/R9iN6]I#[v`L?K[oWC^3Ch+z;nc. They will never be trusted again. Eventually, she was forced to resign in 2012. MN Attorney General Lori Swanson wouldnt put up with it. Erickson later apologized, admitted the conduct, and said it would stop. << Kaiser said as a result of her reporting the harassment that led to her forced resignation, she was unable to find another job in law enforcement. SD women you dont have to put up with such nastiness. As a result of this experience with DCI administration, Plaintiff feared future reports would adversely affect her career [Complaint, 2015.09.23]. WebCorey Dumdei, Special Agent E-mail: corey.dumdei@oig.hhs.gov. South Dakota DCI @SouthDakotaDCI Jun 4 In May, DCI Agents joined in a ceremony honoring the late Special Agent Tom Matthews Sr. and former Butte County Sheriff Dave Malcolm, who were both slain in the line of duty in 1946. They are innocent until proven guilty based on a preponderance of the evidence. 0 replies 1 Near the end of February, Kaiser and her lawyer made a verbal agreement with the DCI attorney. Web7 Enforcement Agent jobs available in South Dakota on Indeed.com. Is this a symptom of the Good Ol Boy mentality that reeks throughout the state? She mentioned she regretted telling Black[Complaint, 2015.09.23]. To say this lawsuit is about SD Representative Dan Kaiser is merely a distraction to the real story. Dont be too hard on PP, he probably just doesnt know how to pull up the complaint. Web[1.] Learn from the gay men. I filed a criminal complaint for Misprision of Felony (SDCL 22-11-12), Obstruction of Justice and Willful Failure to Perform Official Duty (SDCL 3-16-1) regarding: (SDCL 23-3-19) (SDCL 23-3-16) (SDCL 23-3-14) (SDCL 23-3-15) (SDCL 23-3-12) (SDCL 23-3-13) (SDCL 7-16-7) (SDCL 23-3-27) (SDCL 1-12-1) and (SDCL 34-20B-63). Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Support South Dakotas best independent journalism: donate to. The coincidence of the administrative attack on Zylstra Kaiser and the legal attack on Schwab, Taliaferro, and the Mette children suggests a connection, a multi-front push by Brown County an DCI to shut down potentially damaging lawsuits. Zylstra-Kaiser is doing the right thing by exposing them all. If not, it really doesnt matter, their lives might as well, be over. Then in April 2012, DCI removed Kaisers state vehicle, told her she could no longer travel from Aberdeen to Pierre on state time, removed her daily stipend, and told her that she could no longer sleep at the police academy barracks in Pierre, where she slept during the week because her family could not afford a second home. Our attorneys are zealous advocates committed to fighting for the justice our clients deserve. Since 1937, the South Dakota Division of Criminal Investigation has served as the lifeline of support to South Dakotas law enforcement agencies, leading criminal There might be more to the this story than what we see here.