Nature of Crime in Question in Alleged Theft From Willow River Parent Group

Angela Olson, defense attorney for Hudsonite Nichole R. Haugen, filed a motion today seeking to suppress statements Haugen made to officers before criminal charges were filed.

The District Attorney had not filed criminal charges against Haugen prior to a February 2011 meeting with Hudson Police detective Shawn Pettee in which she allegedly spoke about repayment of funds, Olson argued Thursday afternoon.

In fact, Olson said, Haugen and the Willow River Parent Group were in the process of resolving the matter and using Pettee's help to do so. 

"We don't know whether we're in a civil or criminal arena when those statements were made. We were in no arena at all," Olson said. 

The obvious distinction is that if the court decides Haugen committed a civil crime, any penalty given would be monetary; conversely, if Haugen is convicted on criminal charges jail time is a distinct possibility. 

 from the Willow River Parent Group in January 2011 while working as its treasurer.

During his testimony, Pettee told the court that Haugen told him she could pay back a certain amount of money by a certain time — both details were suppressed during Thursday's hearing — and that he approached the Willow River Parent Group with her offer, which they declined. 

"I brought back the amount (the defendant) said she owed to the parent group. They said it was nowhere near what the books showed they were missing," Pettee testified.

Olson argued that at that point, Pettee was not acting in a criminal capacity. 

"Detective Pettee was essentially acting as a mediator. Discussion about the amounts that are disputed and offers to resolve the matter make it a civil case, not a criminal one," Olson said. 

Prosecuting attorney Elizabeth Rohl argued Pettee was simply following procedure. 

"As always, there has to be an investigation (by the police) to see if crimes were committed," Rohl said. "The defendant did not have to speak to police. She could have invoked her right not to speak to them, but instead she chose to make statements." 

According to her court file, Haugen is alleged to have committed the crimes in June 2009. Criminal charges were not filed until May 2011 and she pleaded not guilty in September 2011. 

St. Croix County Judge Howard Cameron said he needed time to consider Olson's motion but, for the time being, kept Haugen's May 8 jury trial on the court docket.