State of Minnesota County of Washington District Court 10th Judicial District Prosecutor File No. Court File No. CR-2012-623 82-CR-12-2449 State of Minnesota, Plaintiff, vs. MATTHEW DAVID FEENEY DOB: 07/12/1968 9853 Hamlet Lane S Defendant. COMPLAINT Warrant The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Criminal Sex Conduct-2nd Degree-Victim Under 13-Actor greater than 36m Old Minnesota Statute: 609.343.1(a) Maximum Sentence: 25 years and $35,000 Offense Level: Felony Offense Date (on or about): 05/01/2009 to 12/01/2011 Control #(ICR#): 12103159 Charge Description: engage in sexual contact with another person under the age of 13 years, to-wit: R.P.B., DOB 04-03-2000, and said defendant is more than 36 months older than the victim COUNT II Charge: Criminal Sex Conduct-2nd Degree-Victim 13-15-Position Authority Minnesota Statute: 609.343.1(b) Maximum Sentence: 25 years and $35,000 Offense Level: Felony Offense Date (on or about): 05/01/2009 to 12/01/2011 Control #(ICR#): 12103159 Charge Description: engage in sexual contact with another person at least 13 but less than 16 years of age, to wit: C.P.B., DOB 10-20-1994, said defendant being more than 48 months older than the victim and in a position of authority over the victim 1
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant is a licensed peace officer in the State of Minnesota, employed by the Cottage Grove Police Department. Your complainant states the following regarding incidents that occurred from June 2009 to December 2011 in Cottage Grove, Washington County, State of Minnesota involving MATTHEW DAVID FEENEY, DOB: 07-12-1968, hereinafter defendant, to establish probable cause: On March 2, 2012, Deputy Harjes responded to a complaint of a possible criminal sexual conduct involving the defendant and two juvenile males, R.P.B., DOB: 04-03-2000 and C.P.B. 10-20-1994. R.P.B. and C.P.B. are brothers. Upon further investigation Deputy Harjes and Detective Boyle learned the following: The defendant is the owner and casting director of Walden Entertainment located in Bloomington, Minnesota. A significant portion of defendant's work is dedicated to casting actors for parts as extras in movie and television productions. The casting work often involves working with juveniles. In the fall of 2007, the defendant befriended J.C.B. and B.W.B., the parents of R.P.B. and C.P.B. Eventually, the defendant met both R.P.B. and C.P.B., both aspiring actors, and provided them with casting opportunities, acting classes, etc. By the spring of 2009, the defendant had become what J.C.B. describes as a close family friend that she trusted with her children. The defendant would often have juveniles at his residence, located at 9853 Hamlet Lane South, Cottage Grove, Washington County, Minnesota, to watch movies, play X-Box, and spend the night. The defendant would also organize outings with the juveniles for camping trips, film festivals, valley fair, etc. The defendant communicated with C.P.B. via text messaging frequently and was persistent in luring C.P.B. to his residence with promises of movies, video games, and work for which the defendant would pay C.P.B. money. In May of 2009, C.P.B. was at the defendant's residence, approximately one month after defendant's roommate had moved out, and the two of them were in the basement watching a movie. C.P.B. was lying on the couch and the defendant was lying next to him. The defendant then put his hand inside the front of C.P.B.'s pants and touched his penis. C.P.B. specifically states that he "jerked me off until I cummed." C.P.B. describes the touching as skin to skin touching. C.P.B. was fourteen years old at the time of this initial sexual contact. C.P.B. reports that defendant repeated this sexual contact 6-7 times between May of 2009 and the summer of 2011. C.P.B. reports that he would often pretend he was asleep or attempt to push the defendant's hand away. C.P.B. reports that each sexual contact took place at the defendant's residence in Cottage Grove. In December of 2009, when R.P.B. was nine years old, he too was at the defendant's residence. R.P.B. was lying on the couch watching a movie with the defendant, and the defendant put his hand in front of R.P.B.'s pants and rubbed his penis. R.P.B. remembers this event because it was when he 2
had a broken leg and the defendant would carry him around the house. J.C.B. confirms that it was in December 2009 that R.P.B.'s leg was broken and in a cast. R.P.B. reports that on a number of other occasions between December of 2009 and November of 2011 the defendant would put his hand down R.P.B.'s pants and rub his penis while they were watching movies, R.P.B. would often push the defendant's hand away. R.P.B. remembers the last sexual contact in November of 2011, because it was a time when the defendant gave him a computer to take home. R.P.B. reports that each sexual contact took place at the defendant's residence in Cottage Grove. J.C.B. confirms that in the summer of 2009, she was without a vehicle, and the defendant would often pick up her children and take them to his house. She reports that it was common for the defendant to have R.P.B. and C.P.B. at his house a couple of times per month. Sometimes they would spend the entire weekend at his home. At times J.C.B. would arrange this with the defendant and at times he would show up at their home unexpected and take R.P.B. and C.P.B. with him. At times both R.P.B. and C.P.B. would be with the defendant together and at times they would be at his residence alone. On March 2, 2012, J.C.B. was on her computer at home posting pictures of her children on Facebook. R.P.B. noticed what she was doing, and asked his mother to not post pictures of him because he did not like people looking at his body. J.C.B. questioned why he was so uncomfortable and R.P.B. broke down crying and told her that the defendant, his acting coach, had been touching him inappropriately. While R.P.B. was sharing the details with J.C.B., she asked C.P.B. to come into the room to discuss the situation. When C.P.B. learned of what they were talking, he too broke down crying and confessed that the defendant had been touching him inappropriately similar to what his brother had been experiencing. R.P.B. reported that he had pushed the defendant's hand away on several occasions, but it continued. R.P.B. also told J.C.B. that sometimes when he would visit the defendant the defendant would not touch him inappropriately, so R.P.B. would return to the defendant's home with the hope that it would not happen again, but it continued to happen. Neither R.P.B. or C.P.B. knew of the defendant's inappropriate contact with the other until this day. The defendant was convicted of Criminal Sexual Conduct in the 4th degree in 1992, 01-K6-92- 000111, in Aitkin County, Minnesota. The defendant was charged in February of 2012 with indecent assault and battery, enticing a child and unnatural acts, in Attleboro, Massachusetts for allegedly sexually assaulting a fourteen year old boy in his home. The charges are still pending. 3
SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant Clare Faye Boyle Detective 7516 80th Street S Badge: 4352 Subscribed and sworn to before the undersigned. Notary Public or Judicial Official Greg Malcolm, Peace Officer License Number: 11184, Washington County, Minnesota. My license expires: 06/30/2014 Detective 7516 80th Street S Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Siv I Yurichuk PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 430-6115 4
FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant s arrest or other lawful steps be taken to obtain Defendant s appearance in court, or Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on, at AM/PM before the above-named court at 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. X WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only X Execute Nationwide Execute in Border States ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $200,000.00 Conditions of Release: This complaint is issued by the undersigned Judge as of the following date: June 21, 2012. Judicial Officer Gary Schurrer judge Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WASHINGTON STATE OF MINNESOTA Clerk's Signature or File Stamp: State of Minnesota vs. Plaintiff Matthew David Feeney RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named. Signature of Authorized Service Agent: Defendant 5