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Judge tosses Menne restraining order petition

Cliff Buchan
News Editor

A dispute between Wyoming Mayor Sheldon Anderson and Council member Gary Menne should be decided at election time, not in a court of law.

So said 10th District Court Judge John S. Connolly on Monday in throwing out a request by Menne for a harassment restraining order against Anderson. The judge made his ruling during a hearing in Center City.

Menne went to court seeking the restraining order after a phone call between the two men on Oct. 30 that Menne said amounted to threats against Menne and his family.

Anderson denied making any threats during testimony on Monday.

Judge Connolly listened to 30 minutes of testimony by Menne and Anderson and one witness called by Menne, Anthony Peterfeso, before dismissing the petition, saying Menne’s allegation were not proven.

The judge urged the issues be left to city council meetings and with any remaining questions to be taken up at city council elections to come.

A political solution, not a legal decision, was the best action, the judge said.

At issue

In early November, Menne took the unusual legal step after an alleged telephone call from Anderson to Menne. He said it was not a “spur-of-the-moment” decision but an action generated by a perceived threat to his family.

Menne was with Peterfeso estimating a plumbing job in Anoka County when Anderson called Menne’s cell phone on Oct. 30.

In testimony on Monday, Menne described the call from Anderson as “vulgar, bizarre and threatening.” He accused Anderson of screaming and using profanity.

“I still don’t know what precipitated the call,” Menne said in court. “It’s the kind of stuff you can’t even put in the newspaper.”

Menne said Peterfeso was witness to the cell phone call and could hear the conversation as the two men worked in a basement crawl space of the home. Menne said he took notes.

Under oath, Peterfeso testified that he “heard everything.” He described Anderson’s comments as “uncontrollable yelling. It was just screaming for several minutes.”

Anderson’s view

Anderson disputed the version described in court by Menne and Peterfeso.

Anderson said he made the call to Menne but denied using profanity. Anderson said he did refer to Menne as an “imbecile and a hypocrite” during the phone call.

“I deny that,” Anderson said when asked by Menne if he made threats or cursed at Menne.

Anderson also called into question allegations that Peterfeso in the past made statements regarding Anderson’s relationship with a member of the Chisago City Planning Commission. Anderson said he had never met Peterfeso. Peterfeso denied making any such statement.

Anderson said later the alleged statement revolved his role in helping bail the Chisago City man from jail. That never happened, Anderson said.

Anderson said he was having lunch with his wife at Applebee’s in Forest Lake when he called Menne. He also denied Menne allegations that Anderson would “get even” with Menne and be able to hide it.

In a statement released later in the day on Monday, Anderson said:

“I’m thankful the judge saw through Menne’s absurd allegations and ever changing memory of our telephone conversation. Menne’s attacks on staff, members of the city council and the public need to end.

“Menne has once again embarrassed himself, the Wyoming City Council and our residents. Menne should resign as a council member and let someone else do the work of the people. Someone who can take criticism and not look to the backed up court system to polish a tarnished ego and hurt feelings.”

Montzka factor

County Commissioner Ben Montzka was also drawn into the issue by Menne on Monday. Menne testified that Montzka two years ago experienced similar treatment from the mayor.

Menne said the Chisago County commissioner met with Anderson at a Wyoming cafe. Fearful for his safety, Menne testified that Montzka asked Peterfeso to be present. Peterfeso sat a nearby table where he could overhear the conversation.

Peterfeso said in court that the conversation of that day was similar in tone to the recent call between Menne and Anderson. Peterfeso testified that Anderson told Montzka to “get out of the way,” or he would be run over.

“He (Montzka) felt really threatened,” Peterfeso said.

Anderson did not respond directly to the Montzka incident as described by Menne and Peterfeso, but said the two had met once for coffee.

Menne, contacted later in the day, said he believed the judge was “predetermined” in what he would decide.

“He wanted it settled out of court,” Menne said. “It’s not political. It’s what happened. Hopefully, his (Anderson’s) type of behavior will end.”

Menne said it was unfortunate the issue was not resolved at the time of the alleged threats made by the mayor against Montzka.

“I tried to stop it,” Menne said of his motivation in seeking the restraining order against Anderson. “If Ben would have stood up two years ago, it wouldn’t have happened.”

On Tuesday, Montzka said he has a good working relationship with Anderson and in no way feared him. Montzka said he could not recall the mayor using profanity in their meeting which took place in June of 2006.

Montzka said he has built a “cordial relationship” with Anderson and he plans to hunt deer with the mayor in the future. He said he considers both Anderson and Menne friends.




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