[ ] WARRANT [ ] ORDER OF DETENTION v. [ ] AMENDED COMPLAINT

Transcription

1 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO. COUNTY ATTORNEY FILE NO. CA CONTROLLING AGENCY: MN CONTROL NUMBER: State of Minnesota, Plaintiff, [X] SUMMONS [ ] WARRANT [ ] ORDER OF DETENTION v. [ ] AMENDED LAWRENCE MARTIN VALENCOUR TH STREET MINNEAPOLIS MN DOB: Defendant. COMPLAINT 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): COUNT I That on or about November 4, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. 1

2 COUNT II That on or about October 21, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. COUNT III That on or about August 1, 2008 through November 16, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. COUNT IV That on or about August 1, 2008 through November 16, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. 2

3 COUNT V That on or about August 1, 2008 through November 16, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. COUNT VI That on or about August 1, 2008 through November 16, 2008, in Dakota County, Minnesota, LAWRENCE MARTIN VALENCOUR, DOB: , did perform massage or other body work for hire and had nonconsensual sexual contact with a customer that occurred during or immediately before or after LAWRENCE MARTIN VALENCOUR performed or was hired to perform one of those services for a customer. STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant is a police officer with the Apple Valley Police Department. In that capacity I have reviewed the police reports and believe the following to be true. On November 16, 2008, at approximately 3:49 p.m., three women presented themselves at the Apple Valley Police Department requesting to speak with officers about sexual assaults that occurred at a massage business in the City of Apple Valley, Dakota County, Minnesota. 3

4 All three individuals were spoken to initially and reported that a male employee of the massage business, identified as Lawrence Martin Valencour, DOB: , hereinafter referred to as defendant, had placed something in the hands of two of the women while he was massaging them and they believed that it was his penis. The individual had since been fired by the massage business. Officers then separated the three women and spoke to them individually. Victim 1 reported to officers that she initially arrived at the business on November 4, 2008 to receive a massage. She stated that her massage therapist that day was going to be defendant. Victim 1 stated that she initially was lying on her back with a sheet covering her chest and body. She stated she was wearing underwear, but nothing else underneath the sheet. Victim 1 went on to say the massage started normally but when defendant got down to her chest he began to massage her pecs. Defendant then asked her if she would like a breast towel. Victim 1 stated she was unsure of what defendant meant by that but then realized it was just a towel to cover her breasts while he continued to massage her. Victim 1 stated that after placing the breast towel on her, defendant removed the sheet from underneath the breast towel and then moved the breast towel down to expose her breasts. Victim 1 then started that defendant told her that she needed to massage her breasts in front of him. Victim 1 said that she had multiple massages before and never had a masseuse ask her to do this. Victim 1 did massage her breasts for several minutes but stopped when it became apparent that it was not doing any good. Victim 1 went on to say that defendant started massaging her stomach. She stated she found this strange because she has never had this done by any previous masseuse either. Victim 1 stated that when she turned over onto her stomach to receive a back massage by defendant, his massage went from head to toe. Victim 1 said that when defendant got to her legs he slipped his hand between her thighs and touched her genital area with the top part of his hand on the inside part of her thigh. Victim 1 said that defendant did this on both legs, touching her genitals 4

5 approximately four times. Defendant then moved to her right side to massage her back. Victim 1 said she was face down on the massage chair with her hands by her sides, palms up. Victim 1 stated that while lying in this position she believes the defendant placed something in her hand. Initially she believed it could have been defendant s stomach, stating he was a larger man. As the massage went on she realized it was not his stomach that was in her hand. Victim 1 stated she believed that defendant had placed his penis in her hand while she was lying on the massage chair. At the conclusion of Victim 1 s massage she left with a friend, Victim 2. Victim 1 stated that she immediately sent an to the business owner and informed her of what had happened with defendant. Officer then spoke with Victim 2. Victim 2 stated that she went to the massage business on October 21, Victim 2 had gone to the business complaining of a headache and defendant volunteered to give her treatment. Victim 2 said she went into defendant s office, at which time she removed her shirt and laid down on the massage table. Victim 2 stated while she was receiving a back massage from defendant, she was face down with her arms at her sides, palms up. Victim 2 stated that defendant was on the left side of her while giving her a massage when he placed something in her hand. Victim 2 also believed that defendant placed his penis in her hand. Officers then spoke with the business owner who reported that a third victim was unable to come to the police department that day because she was ill. The business owner went on to report that defendant had only worked for her business for approximately eight months. She stated that defendant had been recommended by a massage school that she uses to obtain new masseuses. The business owner also said that when she did some checking on defendant s previous employers they would only advise that he had been terminated for some kind of conduct. 5

6 On November 26, 2008, officers spoke with Victim 3. Victim 3 informed officers that during a massage given to her by the defendant, she was laying with her hands under her hips. Defendant had her move her hands out from under her hips to the side of her body. Victim 3 said she does not normally put her hands on her sides because it is not comfortable for her to do so. Defendant told her that in order for her to get a proper massage her hands should be there. During this time Victim 3 felt his penis resting on her hand. She said that while this was happening his penis was getting more and more erect. Victim 3 said at one point he switched sides and put his penis in her other hand. Victim 3 stated that she made a comment that she should probably move her hands. Defendant asked her something similar to Does it feel good? When Victim 3 told defendant her back felt fine, he replied No, not your back. Victim 3 was not sure of the exact wording, but she felt that it was something similar to that. While this was going on, Victim 3 reported that defendant spanked her on her butt cheek. Victim 3 said she felt very uncomfortable and spoke to her mother about it. It was her mother that initially spoke to the owner of the business and Victim 3 talked to the owner only reluctantly. She told officers that she has not spoken to anyone else about this incident. On November 25, 2008, officers with Victim 4. They had been told by the owner of the massage business that Victim 4 had complained about the defendant. Victim 4 stated that she was face down on the massage table while defendant was giving her a massage. Victim 4 said her palms were face up on the table. Defendant at that time was wearing sweat pants. Victim 4 said defendant moved so that her hand was against his penis. Victim 4 said she moved her hand and he would move his body so his penis was in her hand again. Victim 4 stated that his penis felt partially erect. Victim 4 said the rest of the massage was appropriate, however, defendant made a comment that he likes to massage beautiful women. Victim 4 said this comment made her feel uncomfortable. Victim 4 further said that she did not know this happened to anyone else when she 6

7 complained to the business owner. She has not talked to anyone about the details of the incident with the exception of the business owner and her fiancé. On November 24, 2008, officers spoke with defendant in relation to his complaint about another massage parlor. Defendant complained about inappropriate sexual contact with the masseuse at the massage parlor. Officers then turned the conversation towards the complaints regarding defendant. Defendant admitted that he was employed by the massage business on November 4, 2008, the date complained of by Victim 1. Initially officers spoke to defendant about a breast towel. Defendant stated that it was normal for him to cover the breasts with a towel while he massages their upper body and after the sheet had been pulled away. When asked about removing the breast towel and asking Victim 1 to massage her breasts in front him, defendant tried to explain this by telling officers it was breast cancer month. He stated he was teaching Victim 1 a way to prevent breast cancer in her. When defendant was reminded that October was breast cancer month and this occurred in November, he was unable to explain. Defendant further stated that he would then move down and massage the stomach. Defendant went on to deny that he had touched the genitals of Victim 1. Officers then asked defendant about his penis being placed into customers hands. Defendant had no idea how they would have believed this. He tried to explain it by saying when he leans over to massage the other side of a person s body sometimes his groin may rub against their hand. He stated he definitely would have been wearing pants and would not expose his penis. Defendant was asked to come to the Apple Valley Police Department again on December 3, At that time he was questioned regarding the fact that four women had come forward and given similar descriptions of having his penis resting on their hands during a massage. Defendant stated he did not remember any of these incidents. He did say however, that he occasionally became sexually aroused 7

8 during massages. When asked if this was a normal practice, defendant stated it was not. Defendant indicated that he could not remember specific details but this was accidental touching. Officers subsequently talked to Victim 5 who reported that during a massage defendant exposed her buttocks and massaged them extensively. Officers also spoke with Victim 6 who reported that she could feel the defendant s penis erect and rubbing against her thigh as he gave her a back massage. Victim 6 also reported that defendant exposed and massaged her buttocks extensively. 8

9 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 Complainant requests that Defendant, Lawrence Martin Valencour, 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 Subscribed and sworn to before the undersigned this day of, NOTARY STAMP: SIGNATURE Notary Public Being authorized to prosecute the offenses charged, I approve this complaint. Date: (bjt) PROSECUTING ATTORNEY SIGNATURE: Name: Kevin J. Golden Assistant Dakota County Attorney Dakota County Judicial Center 1560 Highway 55 Hastings MN (651) Attorney Registration No.:

10 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 Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense. [X] SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the date stated on the attached Notice of Hearing before the above-named court at Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota, to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. [ ] WARRANT 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 be apprehended and arrested without delay and brought promptly before the above-named 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 as such Judge or Judicial Officer is available to be dealt with according to law. [ ]Execute in MN Only [ ]Execute Nationwide [ ]Execute in MN and Border States [ ] ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint, duly subscribed and sworn to, issued by the undersigned Judicial Officer this 14 th day of July, JUDICIAL OFFICER: NAME: TITLE: Judge of District Court COUNTY OF DAKOTA STATE OF MINNESOTA SIGNATURE: /s/ Judge Clerk s Signature or File Stamp STATE OF MINNESOTA Plaintiff, vs. LAWRENCE MARTIN VALENCOUR Defendant. RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon the Defendant herein named. Signature of Authorized Service Agent: 10

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