Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 1 of 39
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
United States of America,
Plaintiff,
vs.
James Terry Henrikson,
Defendant.
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File No. 4:14-mj-08
TRANSCRIPT OF DETENTION HEARING
Taken at
United States Courthouse
Bismarck, North Dakota
January 28, 2014
BEFORE THE HONORABLE CHARLES S. MILLER, JR.
-- UNITED STATES DISTRICT COURT MAGISTRATE JUDGE --
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 2 of 39
APPEARANCES
MR. GARY LEE DELORME
U.S. Attorney's Office
220 E. Rosser Ave.
P. O. Box 699
Bismarck, North Dakota 58502-0699
FOR THE UNITED STATES
- - - - - - - - - MR. WILLIAM D. SCHMIDT
Assistant Federal Public Defender
Federal Plaza
324 North Third Street, Suite 1
Bismarck, North Dakota 58501
FOR THE DEFENDANT
- - - - - - - - - GOVERNMENT WITNESS
Page
POSTAL INSPECTOR THOMAS IRVIN
Direct Examination by Mr. Delorme
Cross-Examination by Mr. Schmidt
Examination by The Court
Redirect Examination by Mr. Delorme
- - - - - - - - - Certificate of Court Reporter - Page 39
- - - - - - - - - -
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(The above-entitled matter came before the Court, The
1
2
Honorable Charles S. Miller, Jr., United States District Court
3
Judge, presiding, commencing at 1:32 p.m., Tuesday, January 28,
4
2014, in the United States Courthouse, Bismarck, North Dakota.
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The following proceedings were had and made of record in open
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court with the defendant present:)
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THE COURT:
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9
01:32
01:32
Number 4-14-8, United States of America versus James Terry
10
Henrikson.
11
court-appointed counsel, Mr. Schmidt.
12
behalf of the United States.
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set for the detention hearing in this matter.
14
received and reviewed a copy of the Pretrial Services' report
15
that will be made a part of the record of this proceeding.
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Mr. Delorme, you may proceed.
18
Present in court is the defendant, along with his
MR. DELORME:
17
This is the time that the Court
Thank you, Your Honor.
The Court has
The United
POSTAL INSPECTOR THOMAS IRVIN,
20
having been first duly sworn, was examined and testified as
21
follows:
DIRECT EXAMINATION
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01:33
Mr. Delorme is here on
States is going to call Inspector Thomas Irvin to the stand.
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01:33
We'll go on the record in Magistrate's
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BY MR. DELORME:
24
Q.
25
name for the record?
Inspector Irvin, could you please state and spell your
3
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01:33
01:33
01:34
01:34
01:34
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A.
Thomas Irvin, I-R-V-I-N.
2
Q.
And what is your current occupation?
3
A.
United States postal inspector.
4
Q.
And how long have you been a postal inspector?
5
A.
Since 2005.
6
Q.
Inspector Irvin, are you familiar with the case entitled
7
United States of America versus James Terry Henrikson?
8
A.
I am.
9
Q.
And how are you familiar with this matter?
10
A.
Sometime in June of 2013, this past year, I became
11
involved in a fraud investigation with several other agencies
12
into the defendant's business activities, as well as his
13
wife's, Sarah Creveling, C-R-E-V-E-L-I-N-G.
14
Q.
15
just give us a short, like one-or-two-minute version of the
16
investigation and what you were looking at?
17
A.
18
agencies, including IRS and Homeland Security, involved mail
19
fraud, wire fraud, and money laundering.
20
that investigation, we developed information through talking
21
with witnesses regarding the defendant's possible possession of
22
firearms.
23
Q.
24
Henrikson had prior felonies that prohibited him from --
25
A.
And just for a little background, Inspector Irvin, can you
The initial investigation, which joined with other
And subsequent to
And throughout your investigation, were you aware that Mr.
I was.
4
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01:34
01:35
01:35
01:35
01:36
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Q.
-- possessing firearms?
2
A.
I was.
3
Q.
And just to give us a little bit better of a background of
4
your information, can you just kind of explain a little bit
5
more of how you knew that Mr. Henrikson -- or how you came to
6
know that Mr. Henrikson was possessing firearms?
7
A.
8
fraud investigation indicated that the defendant, in fact,
9
slept with a firearm and held a safe with several firearms at
One of the witnesses that we interviewed pursuant to our
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the residence.
11
Q.
12
was possessing firearms?
13
A.
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the fraud investigation, as well as evidence of firearms and
15
ammunition that was approved by this Court, which led us to
16
execute a search warrant on January 14th at the defendant's
17
residence in Watford City.
18
Q.
19
any firearms?
20
A.
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located in the shared master bedroom.
22
firearms, as well as a large amount of ammunition.
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magazine recovered from the master -- a master bedroom closet
24
as well that contained .45 caliber ammunition.
25
Q.
Did you have any other information that indicated that he
On January 13th I applied for a search warrant regarding
And through the search warrant, were you able to recover
We were.
Pursuant to the search warrant we located a safe
The safe contained seven
There was a
And just so the Court is aware, you said seven firearms
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were found during this search warrant?
2
A.
That were located within the safe, correct.
3
Q.
Am I correct, Inspector Irvin, that there were three
4
semiautomatic handguns that were found as part of the seven?
5
A.
That's correct.
6
Q.
And two rifles as well?
7
A.
Yes, there was a rifle and an assault-style rifle as well.
8
Q.
When you say "assault-style rifle," you're talking about
9
like the --
10
A.
AR15.
11
Q.
-- AR15 types?
12
A.
Yes.
13
Q.
And then to round out the seven, there were two shotguns
14
as well?
15
A.
Yes.
16
Q.
And one of those shotguns had a large capacity for
17
ammunition, correct?
18
A.
It was found to contain 14 12-gauge shotgun rounds.
19
Q.
So not your run-of-the-mill hunting shotgun.
20
A.
I think it's phrased as a home defense type shotgun.
21
Q.
Now, part of the reason why we're here today, Inspector
22
Irvin, is to help the Court determine if Mr. Henrikson is a
23
threat to the community or a danger to -- of nonappearance.
24
Insofar as a threat to the community, during your investigation
25
did you, I guess, come upon any information that may help the
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Court understand and determine if Mr. Henrikson is a threat to
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the community?
3
A.
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law enforcement and review of records of law enforcement
5
conducting other investigations, in particular, the shooting
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murder of Douglas Carlile in Washington.
As part of our investigation we've had conversations with
MR. SCHMIDT:
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01:37
01:38
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Government is asking this question, but I don't believe that
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Mr. Henrikson has been charged with anything.
01:38
His name has
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popped up repeatedly in The Bismarck Tribune, but as far as I
11
know, he's not been charged with anything.
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are in front of the Court today is a felon in possession
13
charge, whether or not he should be released, and if so, under
14
what conditions.
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talking about anything that may or may not have been
16
communicated to him from Washington State authorities because
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he's not been charged with anything.
The charge that we
So I would object to this postal inspector
THE COURT:
18
01:38
Your Honor, I'm -- I understand why the
Well, I'm going to overrule the
19
objection.
Under the rules that govern this type of
20
proceeding, the Court is not bound by the strict Rules of
21
Evidence.
22
other hand, if it's hearsay testimony, the Court has to give it
23
whatever weight it feels it deserves under the circumstances,
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and so I'm going to listen to the testimony.
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he's been charged or not charged with regard to that offense is
The Court can consider hearsay testimony.
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On the
Whether or not
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01:39
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not material.
You may proceed.
2
Q.
3
regards to Mr. Carlile out in Washington, what information did
4
you obtain or gather to indicate that there may have been some
5
threats made against Mr. Carlile by the defendant in this
6
particular matter?
7
A.
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enforcement that indicated Mr. Carlile's son was, in fact,
9
approached by the defendant regarding the payment of
(MR. DELORME CONTINUING)
Mister -- or Inspector Irvin, in
I've reviewed reports and spoken with other law
10
approximately $400,000 over some business dealings that the
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deceased, Douglas Carlile, had with the defendant regarding
12
Kingdom Dynamics and business entities operating in North
13
Dakota, as well as Washington.
14
Q.
15
instance?
16
A.
17
Henrikson, the defendant, approached him demanding the money
18
and made a statement along the lines of something bad could
19
happen to you and your family.
20
Q.
21
Henrikson, himself, to Skyler Carlile?
22
A.
That's correct.
23
Q.
And Skyler Carlile is the son of Douglas Carlile.
24
A.
Correct.
25
Q.
Douglas Carlile is the individual that was murdered in
And was there a verbal threat made in that particular
There was.
Okay.
The son was interviewed and indicated that Mr.
And that is alleged to have been made by Mr.
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Washington?
2
A.
Yes.
3
Q.
Now, did Douglas Carlile ever make any statements in
4
reference to Mr. Henrikson?
5
A.
6
indicated his -- Douglas Carlile had told him that if anything
7
should happen to him or if he ends up with bullets in his back,
8
that -- tell everybody that James Henrikson was involved.
9
Q.
During the interview his son -- we learned that his son
Now, as part of your investigation here in North Dakota,
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did you or any of the agents or agencies that you work with,
11
did they have any contact with any witnesses that provided any
12
further indication that Mr. Henrikson wished harm upon Douglas
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Carlile?
14
A.
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interviewed, who heard the defendant make threats that he
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wanted to kill Douglas Carlile and hurt his whole family.
17
Q.
18
you familiar with another investigation that is taking place or
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is still in progress here in the state of North Dakota?
20
A.
Yes, I am.
21
Q.
And that case involves an individual by the name of K.C.
22
Clarke, correct?
23
A.
Correct.
24
Q.
Could you give us an idea of what that case is about?
25
A.
K.C. Clarke was a former operations manager for the
Other interviews were conducted.
A former employee was
Now, as part of your investigation, Inspector Irvin, are
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defendant's business who went missing sometime in February
2
of 2012 and has been not located since.
3
Q.
Do investigators have any idea of his last-known location?
4
A.
I'm aware of cellphone analysis that was conducted
5
regarding that investigation, which indicated the last known
6
place the defendant's phone was en route to their business
7
location.
8
were placed later on in the same area in Williston, North
9
Dakota, which is, in fact, where the -- K.C. Clarke's abandoned
Further cellphone analysis shows that the phones
10
vehicle was located.
11
Q.
And nobody has heard from Mr. Clarke since?
12
A.
No.
13
Q.
Did Mr. Clarke have any conversations or leave any
14
messages with anyone prior to his disappearance?
15
A.
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if something should happen to him, James Henrikson did it.
17
Q.
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conversations that were overheard and provided to law
19
enforcement regarding Mr. Henrikson and any other individuals?
20
A.
21
made against Sarah Creveling, his wife, as well as another
22
individual, Tex Hall.
23
Q.
24
you described with Douglas Carlile, where somebody had
25
overheard him saying something about wanting these people dead
His roommate was interviewed, and he made a statement that
Are you aware of any other potential threats of harm or
In various interviews we've learned that -- of threats
And were these similar to the -- in nature to the one that
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or taken care of?
2
A.
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regarding Tex Hall was that he -- he's looking for somebody to
4
have him taken care of.
5
Q.
Sarah Creveling is Mr. Henrikson's wife, correct?
6
A.
Correct.
7
Q.
Now, Mr. Henrikson was arrested the weekend before last by
8
federal agents, correct?
9
A.
Yes, he was.
10
Q.
Were you present for the arrest?
11
A.
I was not.
12
Q.
Did you talk directly to the agents that were involved in
13
the arrest?
14
A.
I have.
15
Q.
Did you obtain any information from them regarding how the
16
arrest was conducted?
17
A.
18
not initially comply with law enforcement's commands, and, in
19
fact, he had his hand in his pocket, ultimately complying.
20
Q.
Was he interviewed after his arrest?
21
A.
He was.
22
Q.
Was he asked about his noncompliance during the attempt to
23
arrest him?
24
A.
25
that, what would have happened if he had not removed his hand
In regards to Creveling, yes.
And I believe the statement
I learned that during the initial arrest the defendant did
He was, and there was conversation alluding to the fact
11
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from the pocket, and the responding investigators -- or the
2
arresting agents believed that to mean a conversation about
3
suicide by cop.
4
Q.
5
was during that post-arrest interview?
6
A.
Yes.
7
Q.
Inspector Irvin, just moving on to a threat of
8
nonappearance, are you aware of any other information the Court
9
should be aware of regarding Mr. Henrikson and his -- the
So that's the context that they believed the conversation
10
threat that he may not appear if he's released today?
11
A.
12
pursuant to the case had a prior conversation with the
13
defendant discussing a family member that was, in fact,
14
arrested -- a family member of the investor that was arrested
15
in which the investor discussed this with the defendant, and
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ultimately this family member fled from prosecution.
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defendant told him that that's what he would have done and he
18
has a stash placed away, and if they ever need to run, nobody
19
would find them.
20
Q.
21
a conversation with Mr. Henrikson and indicated to Mr.
22
Henrikson that he had a relative that fled from prosecution.
23
A.
The investor had a --
24
Q.
The investor had.
I am.
Okay.
One of the investors that we've interviewed
The
Just so I understand this, the investor was having
25
12
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01:47
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A.
Yes.
Correct.
2
Q.
And Mr. Henrikson's response was it's what he would have
3
done.
4
A.
Yes.
5
Q.
Now, through your investigation, did you discover anything
6
else in particular to Mr. Henrikson and his ability to adapt to
7
different names that may have some significance for the Court?
8
A.
9
has utilized many different names and aliases, with the most
Our investigation has revealed that he's -- the defendant
10
recent name change utilizing the name James Vanderbilt as
11
conducting investment business in the Bismarck area.
12
Q.
You got a ballpark figure of how many names he uses?
13
A.
You know, off the top of my head I would say in excess of
14
ten.
15
Q.
16
investigation, your talking with witnesses, other agents
17
talking with witnesses, are there any other individuals that
18
are -- I guess indicated or verbalized any fear of harm to
19
themselves from Mr. Henrikson?
20
A.
21
pursuant to this case have indicated their personal safety
22
fears, and, in fact, some of the witnesses are, in fact,
23
carrying firearms for their protection.
24
Q.
25
carrying right now because they're -- they're in fear of Mr.
Are you aware, Inspector Irvin, of -- through your
Several of the witnesses and individuals we've interviewed
So you actually have some witnesses that are actually
13
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Henrikson?
2
A.
Yes.
3
Q.
One last thing, Inspector Irvin.
4
interviewed after his arrest the weekend before last, did he
5
provide anything at all that may have an effect on the Court's
6
decision today during that interview?
7
A.
8
were in danger due to his arrest and that it had ties to
9
organized crime from California.
He informed the arresting agents that additional people
10
Q.
Okay.
11
California, and that's going to have an effect on the safety of
12
others?
13
A.
15
So somehow he's got ties to organized crime in
That's what he relayed to the arresting agents.
MR. DELORME:
14
01:48
THE COURT:
Mr. Schmidt.
CROSS-EXAMINATION
17
01:49
I have no further questions, Your
Honor.
16
01:48
When Mr. Henrikson was
18
BY MR. SCHMIDT:
19
Q.
20
issued by this Court?
21
A.
I did.
22
Q.
And do you have that warrant with you?
23
A.
I do not have it with me.
24
Q.
I don't have -- we have not gotten any discovery from the
25
United States, so I've not seen it either, but my question is
Mr. Irvin, did you seek the warrant that was ultimately
14
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01:49
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whether or not the warrant -- did it require you to knock
2
before you entered?
3
A.
It did not.
4
Q.
Did it allow you to access the safe?
5
A.
Yes.
6
Q.
And if I recall from the Affidavit that was attached to
7
the Complaint, the individuals that executed the warrant were
8
not able to access or get into the safe, so they had to get the
9
combination?
10
A.
Correct.
11
Q.
Okay.
12
conducted, is that correct?
13
A.
14
present in the actual room when -- when those processes were
15
made.
16
Q.
And were all of the firearms located in the safe?
17
A.
Yes.
18
Q.
And I assume it must be a rather large safe if, in fact,
19
it held seven firearms, some semiautomatic handguns, some
20
rifles, those kinds of things.
21
A.
22
tall, maybe, by two-to-three-feet wide.
23
Q.
24
gain access to the safe, is that correct?
25
A.
And you weren't present when that search was
I was present in the residence.
I don't believe I was
I would say it was, you know, approximately five-feet
And you had nothing to do with securing the combination to
I did not.
15
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01:50
01:50
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1
Q.
How many individuals in addition to yourself were present
2
when the warrant was executed?
3
A.
4
head I would say maybe 16 during the initial securing of the
5
property.
6
Q.
7
warrant?
8
A.
He was not.
9
Q.
And did he arrive at some point while the warrant was
I would have to review my records, but off the top of my
And was Mr. Henrikson present when you went to execute the
10
being executed?
11
A.
No, he did not.
12
Q.
Where did you pick him up?
13
A.
I was not the arresting officer, but he was -- it's my
14
understanding he was arrested in Mandan.
15
Q.
16
in Williston?
17
A.
Watford City.
18
Q.
Watford City.
19
A.
Yes.
20
Q.
Okay.
21
A.
Yes.
22
Q.
And the warrant that was issued was a no-knock warrant,
23
which gave you the right to access the safe.
24
know, the safe was locked, so law enforcement had to get the
25
combination.
So the search, as I understand it, occurred at a residence
And that was a residence that he was living at?
16
And as far as you
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01:51
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A.
Correct.
2
Q.
And were you present or were you involved in the arrest of
3
Mr. Henrikson in Mandan?
4
A.
I was not.
5
Q.
And did that happen the same day?
6
A.
I believe that happened Saturday of -- the search warrant
7
was executed on January 14th, which would have been a Tuesday.
8
I believe he was ultimately arrested that Saturday.
9
Q.
Which would have been the 24th?
10
A.
That sounds right.
11
Q.
Okay.
12
A.
I would say six or seven days.
13
Q.
Okay.
14
A.
I was not.
15
Q.
You also talked about the alleged homicide in Washington
16
State, and I'm assuming you're aware that a fellow by the name
17
of Timothy Suckow has been charged with regard to that
18
homicide.
19
A.
That's correct.
20
Q.
And did you at any time personally speak with
21
Mr. Carlile's son, Skyler?
22
A.
I have not personally spoken with him.
23
Q.
So all of the information that you've provided today
24
relates to information that you've received secondhand from law
25
enforcement in the state of Washington.
So about ten days later?
And you weren't present when he was arrested.
17
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01:53
01:53
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1
A.
It's through investigators involved in our case, as well
2
as investigators there --
3
Q.
I understand all of that.
4
A.
-- and review of --
5
Q.
My question -- my question, very simply, have you ever
6
talked to Skyler Carlile?
7
A.
I have not.
8
Q.
And so your basis and the testimony that you gave today is
9
based primarily on information that other individuals, other
10
law enforcement individuals, other individuals that are working
11
with you have communicated to you?
12
A.
Yes.
13
Q.
So what Skyler Carlile told or didn't tell somebody,
14
you're just -- what you've told the Court today is based on
15
what someone else has told you.
16
A.
17
provided to other law enforcement officers and documented in
18
their official investigative reports.
19
Q.
20
with you?
21
A.
I do.
22
Q.
Okay.
23
communicated in court today is based primarily on information
24
that law enforcement officials in Washington and those
25
individuals that you are working with with regard to the fraud
What I've told the Court today is based on what was
And I understand all that.
Do you have those documents
And so the information, again, that you have
18
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investigation have acquired in the context of talking with
2
Mr. Carlile.
3
A.
A portion of what I've testified to is, yes, correct.
4
Q.
Not all those individuals -- all of those law enforcement
5
individuals have spoken to Skyler Carlile, have they?
6
A.
I don't believe so.
7
Q.
And apparently that statement that was made by Skyler
8
Carlile was made in June of last year, June of 2013?
9
A.
I don't know the exact date off the top of my head.
I
10
could -- I could review that report, but around that time
11
period.
12
murder of Douglas Carlile.
13
Q.
And do you know the date of the murder?
14
A.
December 15th.
15
Q.
I'll use the term "alleged murder" because Mr. Henrikson
16
hasn't been charged with anything.
17
A.
December 15th.
18
Q.
December 15th?
19
A.
Yes.
20
Q.
Okay.
21
understood you, that your initial contact started in June
22
of 2013, and at some point Skyler Carlile was spoken to.
23
do you know whether that conversation occurred before or after
24
his father was -- met his -- met the ultimate demise?
25
A.
I would say it's -- it was sometime prior to the
What time -- what date?
And you indicated that there was a contact -- if I
It was before, I believe.
19
And
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 20 of 39
01:55
01:55
01:55
01:56
01:56
1
Q.
Okay.
So based on the information you have, the
2
communication with Skyler Carlile happened before Mr. Carlile
3
passed away.
4
A.
That is my understanding, correct.
5
Q.
Do you know whether law enforcement only spoke to Mr.
6
Skyler Carlile on one occasion?
7
A.
8
I've received, it appears that it was one occasion.
9
Q.
Okay.
10
A.
But I cannot say that for sure.
11
Q.
And at least based on your recollection of the records,
12
that conversation occurred sometime before Douglas Carlile
13
passed away.
14
A.
May I review the report?
15
Q.
Sure.
16
A.
I could certainly, I believe, clarify that.
17
conversation occurred between August or September of 2013.
18
Q.
And Mr. Carlile, Senior, passed away in December of 2013?
19
A.
Correct.
20
Q.
So the conversation then clearly occurred before
21
Mr. Carlile passed away.
22
A.
Yes.
23
Q.
You also mentioned a person by the name of K.C. Clarke,
24
and if I understood your testimony, that individual has been
25
missing since February of 2013?
I don't know that.
Based on a review of the reports that
20
The
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 21 of 39
01:56
01:56
01:56
01:57
01:57
1
A.
2012.
2
Q.
2012.
3
-- I assume it's Mister.
4
A.
Yes.
5
Q.
-- in the Williston area?
6
A.
Yes.
7
Q.
And you find an abandoned car in 2012 or someone finds an
8
abandoned car in 2012?
9
A.
And you have cellphone records that put Mr. Clarke
Law enforcement conducting that investigation did,
10
correct.
11
Q.
12
inspector, along with Homeland Security and IRS, didn't start
13
until June of 2013.
14
A.
15
around June of 2013.
16
Q.
17
disappeared.
18
A.
That sounds about right.
19
Q.
And so all you have at least up to this point is cellphone
20
records that ultimately lead to the abandoned vehicle, and no
21
one has seen Mr. Clarke since February of 2012.
22
A.
23
investigation has.
24
Q.
25
you questions because I want clarification.
Okay.
And if I am correct, your investigation as a postal
My involvement with that investigation did not start until
I cannot say with --
So 16 months -- 14 to 16 months after Mr. Clarke
I'm not privy to every piece of information that that
Well, you're the Government's witness, and I'm just asking
21
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 22 of 39
01:57
01:57
01:58
01:58
01:58
1
A.
Yeah, I guess I can tell you I don't know every piece of
2
information in that case because I'm not the case agent.
3
Q.
Okay.
4
A.
And I'm not the one handling that investigation.
5
Q.
And do you know if that investigation is occurring -- is
6
BCI or the North Dakota Bureau of Criminal Investigation, are
7
they involved in that?
8
A.
9
investigating agency, and as well as Homeland Security
I believe the Bureau of Criminal Investigation is the
10
Investigations.
11
Q.
12
of Mr. Clarke reemerging anywhere in the United States.
13
A.
No, I'm not.
14
Q.
You also talked about interviewing Mr. Clarke's roommate?
15
A.
Yes.
16
Q.
Did you conduct that interview?
17
A.
I did not.
18
Q.
Who did?
19
A.
It was either one of the North Dakota Bureau of Criminal
20
Investigations agents or a Homeland Security agent.
21
know the actual investigator that conducted that interview.
22
Q.
23
respond to that question indicates you also have not received
24
any reports relative to that interview?
25
A.
Okay.
And at least as we sit here today, you're not aware
I do not
And I'm -- can I assume that you -- your inability to
I have not.
22
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 23 of 39
01:58
01:59
01:59
01:59
01:59
1
Q.
So you don't know when that interview occurred, and more
2
importantly, whether it occurred before or after Mr. Clarke
3
disappeared.
4
A.
5
of that interview.
6
Q.
7
the IRS and Homeland Security, at least those are the agencies
8
that you've mentioned, are investigating fraud and tax matters
9
and those kinds of things, correct?
I'm not privy to the specific details, that date and time
So we've got a situation where you, as a postal inspector,
10
A.
Yes.
11
Q.
And it's my understanding that there's been a civil action
12
of some sort commenced by the U.S. Attorney's Office in Fargo
13
relative to seizing a lot of Mr. Henrikson's assets.
14
aware of that?
15
A.
16
it is --
17
Q.
18
wanting to know whether I would accept service of the
19
subpoena --
20
A.
Okay.
21
Q.
-- or the documents.
22
A.
Okay.
23
Q.
-- but at least I'm aware that there's something in the
24
works, so as far as you know, none of that paperwork has been
25
served on Mr. Henrikson.
Yes.
Are you
I don't believe it has been finalized, but I believe
Well, I received an e-mail from Nick Chase on Friday
And, of course, I would not, but --
23
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 24 of 39
02:00
02:00
02:00
02:00
02:01
1
A.
I believe the U.S. Attorney's Office may have sent that
2
via mail --
3
Q.
Okay.
4
A.
-- but I don't believe the process has been finalized.
5
Q.
Got you.
6
indicated that there have been investors that have been
7
interviewed that dealt with Mr. Henrikson.
8
those interviews?
9
A.
I conducted some of them.
10
Q.
And were they investors primarily from North Dakota?
11
A.
No, they were not.
12
Q.
Did you meet with these individuals face to face or were
13
they over the phone?
14
A.
I met with some of them face to face.
15
Q.
And those meetings occur in North Dakota or points beyond?
16
A.
Outside of North Dakota.
17
Q.
And can you give me an idea when those interviews --
18
approximately when they occurred?
19
A.
Sure.
20
Q.
Sure.
21
A.
I have some copies of reports here.
22
several of the individuals on the date of the search warrant.
23
The initial interviews, I do not have those reports with me,
24
but I believe one was around the first or second week of
25
December.
The other questions that I have is that you
Did you conduct
May I review my --
24
We re-interviewed
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 25 of 39
02:01
02:01
02:02
02:02
02:02
1
Q.
Of 2013?
2
A.
Of 2013.
3
was interviewed, I believe, several times and met with in
4
person by either an IRS agent or a Homeland Security agent
5
between June of 2013 and to this date.
6
Q.
7
generally face to face?
8
A.
9
telephonically, as well as in person.
And then one of the other individual investors
The interviews that you were involved in, were they
I would say it would be a mix.
We've conducted interviews
10
Q.
And so the ones that were face to face, would they have
11
been in North Dakota?
12
A.
No.
13
Q.
And I'm assuming at this point you're not going to give me
14
the names of the individuals that you interviewed.
15
A.
16
their fear for their safety, at this point I'm not prepared to
17
do that unless ordered to.
18
Q.
19
mentioned that Mr. Henrikson has used various names.
20
be a little bit more definitive as to not only the number of
21
names, but the time frame that we're talking about?
22
A.
23
the name "James Henrikson," with a D in the name, with an E,
24
just misspelling that name various different ways.
25
been using the name Cole Johnson, James Vanderbilt, and just
Based on our information of people we interviewed and
I understand.
I have to ask the question.
And you also
Can you
I know he's used various different spelling variations of
25
He's also
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 26 of 39
02:03
02:03
02:03
02:03
02:04
1
the different variations of Hendrikson with a D or Henrikson,
2
variating the last few spelling -- or the last few letters of
3
the name.
4
Q.
5
believe it was Mr. Henrikson that provided the information
6
regarding organized crime in California?
7
A.
Yes.
8
Q.
Was that statement made to you, to law enforcement, or to
9
another witness?
You also mentioned that there was some discussion, and I
10
A.
To the arresting agents that conducted a post-arrest
11
interview.
12
Q.
13
arrested in Mandan, and was he being transported -- I don't
14
know where he was detained originally, Burleigh County?
15
A.
16
after he was arrested.
17
Q.
In Bismarck?
18
A.
I believe it was Burleigh County.
19
Q.
Okay.
20
to organized crime in California came up.
21
A.
Yes.
22
Q.
It's not your decision, obviously, Mr. Irvin, to decide
23
whether or not Mr. Henrikson is released or not, but based on
24
the information that you have to date, do you think he's a
25
flight risk?
Okay.
So that -- that was -- was that after he was
I believe they interviewed him at the detention facility
And it was during that interview that the reference
26
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 27 of 39
02:04
02:04
02:04
02:05
02:05
1
A.
Well, we have evidence from one of the witnesses that
2
we've interviewed that indicated just such, that he was --
3
Q.
Did you interview that person?
4
A.
I have interviewed him prior to that -- or, excuse me.
5
Q.
Well, I understand that, but did he tell you when you
6
interviewed him that he was a flight risk?
7
A.
No, he did not.
8
Q.
So the information, again, that you're relying on is
9
something that he told another law enforcement official.
10
A.
Another agent, a co-case agent involved in this
11
investigation with me.
12
Q.
13
poses a danger to himself or the community, and I'm assuming
14
your response relates at least in part to Mr. Henrikson's
15
involvement or lack thereof regarding Doug Carlile and also
16
Mr. Henrikson's involvement or lack thereof with regard to K.C.
17
Clarke.
18
A.
Are you asking me if I think he's --
19
Q.
I'm asking you --
20
A.
-- a danger to --
21
Q.
I'm asking you, would that be a concern of yours?
22
A.
Yes.
23
Q.
Even though he's not been charged in either of those
24
cases.
25
A.
And the same question with regard to whether or not he
There are direct witness statements that we -- that we've
27
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 28 of 39
02:05
02:05
02:05
02:06
02:06
1
received that he's made threats regarding individuals --
2
Q.
Well --
3
A.
-- that's now deceased and that --
4
Q.
Well, I understand all that, but -THE COURT:
5
Excuse me just a moment.
Let him finish
6
the answer.
7
Q.
(MR. SCHMIDT CONTINUING)
8
A.
We've -- there's been interviews conducted of several
9
witnesses who have direct knowledge about threats made by the
Well, let -- okay.
Answer.
10
defendant regarding one person who is now deceased, as well as
11
the deceased's son, and as well as a former employee.
12
would be what I would be basing my --
13
Q.
And just so we're clear, you never talked to the son?
14
A.
No, I did not.
15
Q.
And you never talked to anybody about K.C. Clarke before
16
Mr. Clarke went -- went missing.
17
A.
No, I'm not the one conducting that investigation.
18
Q.
So your statements today, based on your belief that he may
19
be a danger or a threat to himself or to the community, is
20
based essentially on what somebody else has told you.
21
A.
It's based on a review of official investigative --
22
Q.
Based on what someone else has told you.
23
A.
That and a review of investigative --
24
Q.
Based on what someone else has told you.
25
A.
I don't agree with that statement.
28
That
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 29 of 39
02:06
02:06
1
Q.
You don't have to agree with it, but the fact of the
2
matter is --
3
THE COURT:
4
MR. SCHMIDT:
Q.
(MR. SCHMIDT CONTINUING)
6
of these people, did you?
7
and you never talked to the witness that claims that Mr. Clarke
8
may be missing because of something Mr. Henrikson did.
9
A.
I have --
10
Q.
Correct?
11
A.
I have personally not, but other --
12
Q.
That's all I want to --
13
A.
Can I finish, Your Honor?
THE COURT:
15
02:07
You never talked to either one
You didn't talk to Skyler Carlile
Just answer his question.
You did not
personally talk to them, right?
16
THE WITNESS:
17
THE COURT:
18
MR. SCHMIDT:
I did not.
Okay.
Very good.
Let's move on.
That's all I have.
EXAMINATION
19
02:07
Well, let me -- let me finish.
5
14
02:06
I think I understand what --
20
BY THE COURT:
21
Q.
22
concerns?
23
A.
Myself, as well as the other co-case agents.
24
Q.
And what did Ms. Creveling tell you?
25
A.
That she's in fear for her safety and not returning home.
Who -- Agent Irvin, who talked to Ms. Creveling about her
29
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 30 of 39
02:07
02:07
02:08
02:08
02:08
1
Q.
And with regard to Mr. Hall, who talked to Mr. Hall?
2
A.
That would have been one of the co-case agents, the
3
Homeland Security investigator involved in the case.
4
Q.
And what do you understand Mr. Hall to have said?
5
A.
Can I -- can I clarify?
6
threat.
7
Q.
Right.
8
A.
Our -- one of the co-case agents in this case have not
9
spoken with Mr. Hall regarding that threat.
Mr. Hall was the recipient of the
We've --
10
individuals have spoken with the individual that provided the
11
information about the threat.
12
Q.
13
information about the threat?
14
A.
Eric Guerrero (ph).
15
Q.
And who talked to Mr. Guerrero?
16
A.
Special Agent Trudell from Homeland Security
17
Investigations.
18
Q.
19
said?
20
A.
As reported to the agent?
21
Q.
Right.
22
A.
That he had overheard a conversation with the defendant
23
and another individual about making a statement about taking
24
Tex Hall out.
25
Okay.
And what -- and who was the person who provided the
And what -- what do you understand Mr. Guerrero to have
THE COURT:
Mr. Delorme?
30
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 31 of 39
MR. DELORME:
1
2
Your Honor, just to, I guess, reorientate things.
REDIRECT EXAMINATION
3
02:08
02:08
02:09
02:09
02:09
I just -- a couple -- couple followups,
4
BY MR. DELORME:
5
Q.
The search warrant was conducted on January 14th, correct?
6
A.
Yes.
7
Q.
And the arrest of Mr. Henrikson was the Saturday
8
following?
9
A.
Yes.
10
Q.
And I know -- I think it kind of got jumbled around, but I
11
think the date in cross-examination was the 24th, but that's
12
actually the 14th, correct?
13
A.
If it was the following, yes, that would be correct.
14
Q.
Because he's been in -- this past weekend he was already
15
in jail.
16
A.
Yes, that's correct.
17
Q.
The last thing, Special Agent Irvin -- or Inspector Irvin,
18
the businesses that were being run by Mr. Henrikson and Sarah
19
Creveling, who owns those businesses?
20
A.
Sarah Creveling.
21
Q.
Bank accounts that are linked to those businesses?
22
A.
I'm not aware of any bank accounts in the defendant's
23
name.
24
Q.
So they would all be Sarah Creveling's as well?
25
A.
Correct.
31
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 32 of 39
02:09
1
Q.
At this point in time, right now where we're sitting, is
2
it your belief that those businesses are still in operation or
3
are they nonoperational at this time?
4
A.
5
time.
It's my understanding they are nonoperational at this
MR. DELORME:
6
7
02:09
02:10
THE COURT:
9
MR. SCHMIDT:
02:10
Anything further, Mr. Schmidt?
10
THE COURT:
11
THE WITNESS:
12
THE COURT:
13
MR. DELORME:
No, Your Honor.
You may be excused, Agent Irvin.
Thank you.
Any other evidence you wish to present?
No further witnesses from the United
States, Your Honor.
15
THE COURT:
16
MR. DELORME:
17
02:10
Honor.
8
14
That's all the questions I have, Your
Pardon me?
No further witnesses from the United
States.
18
THE COURT:
Mr. Schmidt?
19
MR. SCHMIDT:
20
THE COURT:
21
MR. DELORME:
No witnesses, Your Honor.
Mr. Delorme, you may proceed.
Thank you, Your Honor.
I'm maintaining
22
my recommendation to the Court for detention in this particular
23
matter.
24
this matter, and Mr. Henrikson has quite the criminal history.
25
It dates back quite some time.
I've had an opportunity to review the Bail Report in
When you take that and you put
32
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 33 of 39
02:10
02:11
1
that criminal history together with what Inspector Irvin
2
provided to the Court, what we have here is we have what we
3
know of is five verbalized threats, two of those regarding
4
Mr. Carlile, so we're talking about four individuals.
5
four individuals, one is known to be dead.
6
Henrikson -- at this point he's -- maybe he's alleged or maybe
7
he's a person of interest or a primary person of interest.
8
individual has been missing for two years with no known
9
whereabouts at this point in time, and two are in fear for
02:11
02:12
We can't say Mr.
One
10
themselves to the extent that some of them may be compelled to
11
carry a concealed weapon.
12
02:11
Of the
We look at the criminal history.
We got -- we got
13
two alluding police.
14
contempts, two fugitive warrants that were issued, and numerous
15
past crimes of violence in this particular matter.
16
Henrikson telling one of the case agents or arresting agents
17
that somehow this is all involved in organized crime out of
18
California and that other people are in -- are in threat of
19
physical harm as well.
20
We got eight failures to appear, 12
We have Mr.
With everything that we know at this point in time,
21
Your Honor -- I know the indication is that Mr. Henrikson wants
22
to get out and wants to go back to running the business, but
23
really there is no business.
24
owner of those, and according to Inspector Irvin, there's no
25
known business in operation at this particular time in North
Ms. Creveling is the primary
33
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 34 of 39
1
Dakota.
I think, Your Honor, there's been plenty of
2
02:12
02:12
02:12
02:13
3
information provided that he is a threat to the community, a
4
threat to others, and that alone should be enough for
5
detention.
6
that he has made comments to others about having a stash, and
7
alluding prosecution would be what he would do and that he
8
would take off and go to the wind, with his experience and
9
using aliases to cover his tracks, Your Honor, I think that
10
would be a real possibility if he's released, so I'm
11
maintaining my recommendation of detention to the Court at this
12
time.
13
THE COURT:
14
MR. SCHMIDT:
Mr. Schmidt.
Thank you, Your Honor.
Obviously the
15
issues that you have to decide are set out in 3142, whether or
16
not the Government has established by a preponderance of
17
evidence that Mr. Henrikson is a flight risk and whether or not
18
the Government has established by clear and convincing evidence
19
that he presents himself to be a danger to himself or the
20
community.
21
-- a lot of the information that he has acquired, it's also
22
very clear to me that he has not spoken with Skyler Carlile or
23
the individual involved in the apparent missing of Mr. Clarke.
24
02:13
But when we throw on top of that the indications
25
While I understand Agent Irvin's testimony and the
While I certainly recognize from the Bond Report that
Mr. Henrikson does have somewhat of an extensive criminal
34
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 35 of 39
02:13
1
record, and obviously those criminal charges do include felony
2
matters, I don't know that the United States has established by
3
a preponderance that he presents himself to be a flight risk.
4
We can certainly argue that his use of aliases or spelling his
5
name a bit different, adding a D, adding an E, that those kinds
6
of things suggest that he may be a flight risk, but I don't
7
know that that in and of itself is a justification for you to
8
conclude that he's a flight risk.
9
02:14
02:14
10
danger to himself or to the community.
11
understand the concerns that the United States may have with
12
regard to Mr. Henrikson's involvement or lack thereof in
13
connection with the death of Douglas Carlile, I think that it's
14
significant that Mr. Irvin has not spoken directly with Skyler
15
Carlile; more importantly, that the conversation that occurred
16
with Skyler Carlile happened several months before
17
Mr. Carlile's untimely demise.
18
02:14
02:15
I think the bigger issue is whether or not he poses a
And while I certainly
Whether or not Mr. Henrikson had anything to do with
19
the loss or the disappearance of K.C. Clarke, again, that's not
20
something that we're here on.
21
decide today is whether or not, based on the charge that's been
22
filed against him by way of Criminal Complaint, that being a
23
felon in possession of a firearm, that he poses a flight risk
24
or a danger to the community.
25
The real issue that you have to
I would suggest that even though the Bond Report
35
Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 36 of 39
02:15
02:15
02:15
02:16
1
recommends that he be detained and that there are no conditions
2
of release that would allow him to be released, I would suggest
3
the Court can at least consider placement in a halfway house,
4
either BTC or Centre, Incorporated, Mandan.
5
are always problems with regard to probation having sufficient
6
funding, but in this instance it would seem to me that when you
7
look at all of the evidence, a lot of it which is speculative,
8
I think that under 3142 you can legitimately conclude that he's
9
not a flight risk or that he's not a danger to the community.
10
But if you are concerned about those factors, either
11
one of them, that placement at a halfway house with no work
12
release options would be a situation that would satisfy the
13
3142 factors and one which I think is fair and reasonable.
14
while I understand where the United States is coming from, I
15
would suggest to the Court that you conclude that a halfway
16
house placement is an option.
17
table, that's fine, but I think in this instance placement in a
18
halfway house rather than retaining -- or detaining him until
19
this matter is resolved is the appropriate resolution under
20
3142 and we would ask you to so rule.
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02:16
I know that there
THE COURT:
Okay.
So
If work release is off the
Well, upon review of the Pretrial
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Services' report and consideration of the evidence presented
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today, the Court concludes that the Government has proved by a
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preponderance of the evidence that the defendant is a flight
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risk and by clear and convincing evidence that he is a current
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Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 37 of 39
1
danger to the community.
Having made those conclusions, the issue then becomes
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02:17
02:17
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whether the Court believes it can -- it can impose less
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restrictive alternatives to incarceration to mitigate the risk
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of flight and the risk to the community.
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Court concludes that there are not suitable alternatives, and
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the Court bases all of its findings and conclusions both with
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regard to the fact that the Court considers that he is a risk
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of flight and a risk to the community as well, is that there
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are no mitigating -- or no alternatives -- less restrictive
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alternatives based on the following evidence.
First of all, the defendant -- there is the evidence
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02:17
02:18
02:18
And in this case the
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of the firearms that the defendant is charged with having
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possessed and the evidence that's been presented, which is
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strong, indicating that those firearms were his or under his
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control.
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of firearms, and it's also the nature of the firearms.
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not dealing here with hunting weapons of any type.
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dealing with pistols and at least one assault rifle.
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And it isn't just one or two firearms.
It's a number
We're
We're
The Court also reaches its conclusion based on the
21
defendant's prior criminal history, which while not as
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extensive as some criminal histories the Court has reviewed
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recently, it does date back a number of years and includes
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convictions for theft offenses, burglary, assaultive behavior,
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and drug activity.
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Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 38 of 39
Also the Court takes into consideration the
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02:19
02:19
02:20
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defendant's conduct at the time of arrest and concludes that
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that contributes to a concern of risk to the community and to
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others.
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Finally, the Court also takes into consideration the
6
evidence of the multiple threats that have been made, and that
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while some of the evidence is remote, and in particular the
8
evidence with regard to K.C. Clarke, that Clarke -- the Court
9
is not going to consider any of the evidence regarding K.C.
10
Clarke, having concluded that that's just too remote in terms
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of its presentation to -- not substantial enough for the Court
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to consider.
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evidence that the defendant has been engaged in multiple
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threats of others, and it's the cumulative weight of that
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evidence that is of concern to the Court.
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02:20
The Court makes no conclusion whether the defendant
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was involved in any murder or murder-for-hire scheme of the
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person who was -- who is now deceased in South Dakota (sic).
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And -- and the Court indicated it's not going to take into
20
consideration the evidence regarding K.C. Clarke, so obviously
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no conclusion is drawn regarding whether or not the defendant
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had any involvement in that matter.
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02:20
But even putting that evidence aside, there is
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The defendant will be held in custody then pending
further proceedings.
Court is adjourned.
(Proceedings concluded at 2:20 p.m., the same day.)
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Case 4:14-cr-00010-DLH Document 44 Filed 05/30/14 Page 39 of 39
CERTIFICATE OF COURT REPORTER
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I, Sandra E. Ehrmantraut, a Certified Realtime
Reporter,
DO HEREBY CERTIFY that I recorded in shorthand the
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foregoing proceedings had and made of record at the time and
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place hereinbefore indicated.
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I DO HEREBY FURTHER CERTIFY that the foregoing
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typewritten pages contain an accurate transcript of my
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shorthand notes then and there taken.
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Dated:
May 30, 2014
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/s/ Sandra E. Ehrmantraut
Certified Realtime Reporter
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