Dolan found competent to stand trial in criminal case

by Jim Boyle

Editor

Former Sherburne County Commissioner Tim Dolan, who was criminally charged with invasion of privacy and stalking in October of 2022 and charged in June of 2023 with a host of financial crimes, has been found competent to stand trial.

Attorneys for the state continue to work on a plea agreement, but asked for an omnibus hearing on June 7, June 14 or a later date.

“There are some discovery issues we are discussing in hopes of resolving it, but we think that it would help to (have a) date,” said James Carlson, an attorney for Dolan, at an April 3 remote hearing before 10th District Court Judge Leonard A. Weiler via Zoom at the Morrison County Judicial Center in Little Falls.

Weiler asked Carlson if the Rule 20 issue (to answer the question of competency) had been taken care of and Evan Tsai, the lead prosecutor in Dolan’s case, asked that the court adopt the findings of fact from the Rule 20 examination. Carlson said the defense had no objections.

Hearing that, Weiler reinitiated the criminal proceedings dealing with Dolan in light of the results deeming him competent in the Rule 20 evaluations that were ordered by the court and said an omnibus hearing will be set.

“My calendar will control, but we’ll attempt to get it out past June, as requested,” he said. “Mr.Dolan, you understand what’s happening here?”

“Yes, your honor,” Dolan said.

Due to Dolan’s former position in Sherburne County, the case was referred to avoid a conflict of interest, according to court documents. The investigation was handled by the Anoka County Sheriff’s Office, and the prosecution is being handled for the state by the Anoka County Attorney’s Office.

Dolan’s counsel had asked for a Rule 20 evaluation on Sept. 21, 2023 to determine whether he had a cognitive impairment that would cause him to lack sufficient ability to consult with a reasonable degree of rational understanding with defense counsel, according to court documents.

They reported Dolan, who suffered a dissected aortic aneurysm on May 17, 2022 and nearly died, had suffered medical complications as a result of recurrent strokes and late effects of a cerebrovascular accident. An MRI appeared to show significant changes to Dolan’s ongoing medical difficulties, according to court documents.

The Anoka County Attorney’s Office announced on Nov. 1, 2022 it had filed criminal charges of invasion of privacy and stalking after authorities looked into allegations made by Dolan’s ex-fiancee.

According to the criminal complaint, Dolan allegedly took thousands of photos and videos of the victim without her knowledge or permission. The victim, the sole owner of Decklan Group, discovered the images on Dolan’s electronic devices and in cloud-based photo storage after she returned home from an out-of-state trip and began tending to the consulting business. At that time, the victim and Dolan shared a residence in Elk River.

Dolan had listed himself as chief strategist for Decklan Group when he ran successfully for reelection to the Sherburne County Board of Commissioners in 2020.

The charges against Dolan include five gross misdemeanor counts of interfering with privacy and one felony count of stalking. The criminal and civil matters were bifurcated, so the local charges related to invasion of privacy and stalking could proceed.

Once the investigation into financial matters was complete, Dolan was charged in Sherburne County 10th District Court on June 9, 2023 for identity theft involving eight or more direct victims totaling more than $35,000 and check forgery for property or services totaling more than $35,000.

On July 6, 2023 the criminal and civil matters were merged as the court held an omnibus hearing for the invasion of privacy and stalking case and the initial court appearance was held for the financial charges, which were handled in a separate investigation, according to court documents.

The criminal complaint alleges the financial wrongdoing took place between August 2015 and May 2022 while Dolan was employed by the Decklan Group, an Elk River-based economic development consulting business with a sole owner who started the business in about 2013.