Witnesses say BCA agents threatened them during Iron Range Hells Angels investigation; agents deny it

Three witnesses testified on Friday they were threatened with criminal charges if they did not cooperate with orders of state agents investigating the Iron Range chapter of the Hells Angels motorcycle club.

The witnesses took the stand at a hearing called in response to allegations that the Minnesota Bureau of Criminal Apprehension eavesdropped on private communications between jailed defendants and their lawyers.

“They kept trying to get me to tell them someone was raped,” said Jonathan Cooper, who was interrogated when his girlfriend’s home was raided by law enforcement. “And no one was raped.”

Four members of the club face serious charges after an incident nearly a year ago in which authorities say a woman was sexually assaulted and a man was taken against his will to the group’s Eveleth clubhouse and beaten.

Defense attorneys are now seeking dismissal of the charges, alleging violations of their rights to counsel and due process, witness tampering and “outrageous government conduct.” The hearing was held in the cases of two defendants, Paul Anthony Debelak and Eric Anthony Newman.

Two BCA agents denied that they threatened the witnesses, and prosecutors have said the record is “devoid of any evidence of government interference with witnesses.”

But a crime analyst acknowledged inadvertently gaining access to at least one attorney-client text message, passing along information to an agent who in turn discussed it with the prosecutor.

Texts were made available to investigators

Analyst Jessica Zimmer, who works for the BCA’s Fusion Center, testified that she reviewed a message indicating one defendant planned to surprise the state by demanding a speedy trial at a July hearing.

Zimmer indicated any communications with attorneys should have been marked private and remained inaccessible to investigators. While defense attorneys accuse the BCA of spying on privileged communications, prosecutors say the issue was the result of the defendants and their attorneys using a general line, which they were told would be monitored by law enforcement, rather than a designated private line.

Under questioning from defense attorneys, the analyst admitted she shared her jail login information with other BCA employees and also placed some materials in a shared drive — both in violation of an agreement she signed with the sheriff’s office in order to gain access.

But Zimmer told prosecutors she did not attempt to gain access to any private materials and had not listened to any phone calls between inmates and their attorneys.

The jail in October suspended the ability for inmates to send text messages to counsel, said Shauna Kieffer, an attorney representing Debelak.

Special Agent Michael Dieter testified that Zimmer informed him of the speedy trial information and he promptly brought the issue to Assistant St. Louis County Attorney Chris Florey on July 3.

“I told him what occurred and asked if it was privileged,” Dieter said, receiving confirmation from the prosecutor that it was.

Florey quickly notified the defense of the breach. But defense attorneys have raised questions of whether there was a broader review of privileged materials and cited concerns that witnesses were tampered with as a result.

Newman’s attorney, Thomas Beito, was critical of both Zimmer and Dieter for repeating the substance of the message rather than simply relaying that a breach may have occurred.

Were witnesses coerced?

Kieffer and Beito also focused on the origins and goals of the lengthy investigation, suggesting witnesses were pressured in order to preserve the case.

Dieter and fellow Special Agent Cory Skorczewski acknowledged they had been conducting surveillance and information gathering since at least June 2023. A PowerPoint presentation prepared at some point before the alleged sexual assault and kidnapping listed a “goal” of obtaining a court-ordered wiretap and state racketeering charges.

Defense attorneys have argued in briefs that the alleged victims had been using drugs, a practice that is not tolerated by the local chapter, and that they concocted the narrative for the eager investigators. Their filings also allege that other witnesses in the house said the rape and kidnapping did not occur, and there is no DNA or other forensic evidence to support it.

Debelak’s fiance, Shaina Doll, testified that she was threatened by BCA agents on Jan. 9. They arrived at her home knowing she had been looking for the phone number of another witness to provide to Debelak’s then-defense attorney.

“They wanted to know why I was trying to get info for him,” Doll said. “They were telling me I could get in trouble.”

Doll said she was also told her son could be taken away from her if she interfered with the case, telling the court that the experience left her “confused (and) frazzled.”

Michelle Debelak, an older sister of the defendant, said she was also directed not to communicate with his co-defendants.

“They told me if I was found to have discussed the case with anyone I would be held in contempt and they would arrest me,” she testified.

But under cross-examination by prosecutors, Cooper, Doll and Michelle Debelak all acknowledged they subsequently spoke with a defense investigator, voluntarily appeared at Friday’s hearing and would be willing to testify again at any trials.

Florey and Deputy St. Louis County Attorney Jon Holets wrote in a recent filing that recorded interviews do not support the allegations of “law enforcement threats or intimidation.”

There was sufficient evidence to support Cooper with aiding and abetting sexual assault, they said, and much of the interview was spent trying to convince the “obviously reluctant and fearful” witness to tell them what he knew. Cooper has several prior felonies on his record and testified remotely from the state prison in Oak Park Heights.

Dieter also testified Friday that agents chose to investigate Doll based on a review of other text messages and calls — not the privileged communications.

Other allegations raised as reports turned over

The hearing grew contentious at a few points as prosecutors objected to lines of questioning and Judge Robert Friday attempted to keep the focus on issues related to the attorney-client messages.

Defense attorneys have filed motions asking the court to order authorities to turn over materials they have yet to receive, and Kieffer indicated significant discovery had been disclosed just hours before Friday’s proceeding.

“It’s very upsetting,” the attorney said, listing reports she has yet to receive. “I’ve been practicing for 17 years and I’ve never seen this level of outrageous government conduct.”

Questioning ventured into several other areas, including allegations that the two alleged victims had been paid for information.

Defense attorneys also suggested Skorczewski had inaccurately referred to another Hells Angels member he interviewed as a “confidential concerned citizen” in search warrant applications.

Skorczewski acknowledged a district court judge and the state Court of Appeals previously found he “recklessly disregarded the truth” when using similar language about a witness in another investigation.

Concerns have been raised about Skorczewski’s involvement, with Gilbert Police Chief Ty Techar telling Florey that he believed the agent was “going off the deep end.” Techar later clarified he was advised Skorczewski was “stressed and overworked from this case.”

Kieffer said she sent a subpoena to the BCA for Skorczewski’s testimony at Friday’s hearing and was told he was no longer employed there.

The agent said he was surprised to hear that, indicating he has simply been out on family medical leave for three months. He denied that it was related to stress over the Hells Angels case.

Significant litigation is likely to continue in the case. The two other defendants, Jerand Paul French and Jake Paul Novaczyk, were not involved in the hearing but have filed the same motions.

Judge Friday ordered written briefs on the attorney-client issue from attorneys by mid-January, after which he will issue a written ruling. The court will also need to deal with any ongoing discovery disputes, and the defense could raise a challenge to the warrants.

All defendants except Newman have either posted bond or been released under supervision.

The judge on Friday added a $400,000 conditional release option for Newman as an alternative to his $750,000 unconditional bail. But Beito said his client, a veteran on disability who doesn’t own property, won’t be able to post that either.