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Court rejects appeal over jury hearing recorded comments

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MONTEVIDEO — After a Chippewa County jury convicted Rick James Carlson, 53, of Watson, of charges for threats of violence in February 2017, he filed an appeal.

Carlson argued that the court made a "plain error'' when it allowed the jury to hear some of his comments recorded on the body microphone of the sheriff's deputy who arrested him.

The Minnesota Court of Appeals rejected his appeal in an order released Monday. The court noted that the defendant had asked the district court to redact statements from the body-mic recording prior to the trial but did not object to the statements on which he based his appeal.

The law clearly states that a defendant forfeits the ability to appeal an issue to which he did not object at trial, the court wrote.

Chippewa County filed charges against Carlson in August 2016. The complaint charges that when the city of Watson shut off the water to his home, he took out his anger on city workers.

He threw the crumpled paper bearing the shut-off order at the city clerk and shouted profanities before telling her he was "going to kill" her. Shortly after, he brandished a hunting knife and made the same threat against the city worker who executed the shut-off order, according to the criminal complaint in the case.

Tom Cherveny

Tom Cherveny is a regional and outdoor reporter with the West Central Tribune in Willmar, MN.

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