A motion to dismiss the remaining criminal charges against a Rochester police officer accused of misconduct has been denied.
Judge Joseph Chase issued his findings in an order dated Tuesday in the case of Vanessa Mason. She now returns to court Feb. 4 for a plea hearing.
Mason was put on administrative leave in April and charged with three felonies and two gross misdemeanors. She was accused of tipping off drug dealers about narcotics investigations and taking money to help pick up and deliver drugs.
Paul Beaumaster, Rice County attorney, is serving as special prosecutor for Olmsted County to avoid a conflict of interest because Mason, 32, is a city employee. At a hearing in October, Beaumaster dismissed the two felony bribery charges against Mason. A key witness had recanted his testimony, but Beaumaster would not say if that was behind the dismissal.
The remaining felony alleges Mason gave a warning about an impending narcotics search warrant. The two gross misdemeanor charges allege misconduct by a public employee. She denies all the allegations.
Her attorney, Fred Bruno of Minneapolis, said prosecutors can't prove the charges and asked that the charges be dismissed.
Chase heard the attorneys' arguments in October and gave them time to submit written briefs.
In his opinion issued Tuesday, Chase called it an interesting case involving unique circumstances and questions of law.
The remaining felony count alleges that Mason called an acquaintance, Terrance Burkhalter, a drug dealer, about a planned drug raid at the home of Bryan Piens.
Bruno contends there's no proof she warned the people at Piens' house. He said they were still in the house when the search was conducted. He said the alleged tip-off was to Burkhalter's phone and no connection has been shown or suggested between Burkhalter and Piens.
Burkhalter has recanted a statement he allegedly gave police about letting someone know the police were coming. Chase said Burkhalter's credibility is a question for jurors.
The gross misdemeanor counts allege misconduct on Mason's part, such as providing restricted information and doing warrant checks for Burkhalter and another drug dealer, Jerell Moore, who now is in federal prison.
Chase denied the motions to dismiss those charges.
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