filed ill "$11181 Court Daed 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF KANDIYOIH EIGHTH JUDICIAL DISTRICT COURT FILE 5110171720 rfi FILE NO.: 20CR00832 sun: of aneso|a. Plaxmiff, v. COMPLAINT- WARRANT A1 ene Leeland Vossen, DOB - (79) 12111 St Sioux Falls SD 57103 Defendant. The Complainant. bung duly swam. makes complaml the abovcenamed Courl and slalcs um Ihere Is probable cause lo believe lhal (he Defendam commuted the followmg offense(s) Coum 1 Murder me Second Degree . wIm lmem . Premeditaled In Violation of: 609 19 Penally Slalulc: 60919 - Murder [he second degree, 112033 ICR: 74000051 Penally: 40 years pnson On or about 1/26/1974 to 1/27/1974, within [he Caumy of Kandlyohlv defendam causcd the 112th of a human bemg with In1enl IO effect me death ohhat person or another, hm wIlhoul premedIlalIon PAGE 2 STATEMENT OF PROBABLE CAUSE You! Complainant, a licensed peace otticer. is employed by the wiilmar Police Depanment in this capacity your Complainant believes the following to be true and correct. Mabel Agnes Boyer Herman was born on May a, 1000 She lived at 804 cm St. sw in willmer. Kandiyohi County, Minnesota in her later yearssewing circle and member ot Vinye Lutheran Church. As subsequent investi ation would show. on the last day oi her lite. Ms. Herman spoke by telephone with her sister hat 11:00 a hi. on January 26. 1974 A couple hours later, the newspaper delivery boy saw her letting her cat outside A neighbor did not notice anything suspicious later that day. out by 545 m, the tollowing day. January 27th. wilimar Police otticers would be in her home observing her body with multiple stab wounds Dr Donald Mattson was called to the Ms. l-lerman residence at 5-30 on January 27 He was called by the neighbors and talked to the sister who discovered the body He arrived at the home appraxlmalaly 5 minutes later and found the body lying in the middle ot the living room With considerable blood on her neck and chest and lesser amounts on her lace. Dr Mattson asked Ms._whether her sister had a tracheostomy since the wound in the throat looked very much like one would see from a recent procedure. Ms, assured Dr Mattson that she had not been ill in the last 20 years. Dr. Mattson learned in looking at Ms Herman's record that she was diabetic. Because ot the blood on the sweater. Dr Mattson unbuttoned the sweater and inspected the chest. He noted multiple stab wounds on the interior chest. He noted rigor mortis had already tully set by the time the body was discovered He noted stab wounds to her neck 100 At 8:43 m. on January 27. 1974, willmar Police otticer Sanford Larson received a radio message trom Dispatch to proceed to 804 West St. as there was a dead body at that residence Oflicer Roger Klinghagen and olticer Larson arrived at the residence at 8 45 in As oflicer Larson entered the residence, he saw Dr Donald Mattson as well as Ms _and a woman who was the nexl door neighbor Ms _had gone to the neighbor's residence to tell them to call the Police Department as the phone had been ripped out at her sister's house. otticer Larson then asked Ms _and the neighbor to go back to the neighbor's home and he would be over there to talk with her later otticer Larson then placed a call to the Dispatcher to contact the willmar Chietot Police Lyle Goddertz and Mike Gunter. Tribune Photographer to come down and take some pictures otticer Larson saw the body ot Mabel Herman lying in the living room. the tirst room you enter trom the tront entrance on the St side Her body was lying approximately in the middle ot the room. She was on her back With her left toot partially under a wooden chair She was in stocking teet Her shoes were laying nearby, but both were ofl. A search otthe immediate area was conducted and no weapon or instrument containing blood was tound Colored pictures were taken ot the body by Mike Gunter On January 27, Ms _stated the last time she had contact with her sister was approximately 11-00 a on January 26 by telephone She stated that on the tollowmo day or Januar 27 she started calling her sister around noon and kept calling numerous times during the day Ms #received no answer She then proceeded to her sister's home and knocked on the door and receive no reply. Ms pened the door tinding the house was dark inside, Ms urned on the light and Hiscoyere her sister's body Ms _attempted to summon Me yl telephone but then noticed that the Wires had been pulled out ol the wall She then went to the neighbors residence and in turn, summoned Dr Mattson to the scene Chiet Goddertz went to Ms Herman's residence. He observed her body lying on the living room floor rug She was tully clothed but did not have her shoes on She was wearing nylons, dark blue or black slacks. and a white long sleeve sweater Chiet Goddertz noticed the telephone cord had been separated by pulling it out, not cutting it. Ms. _identilied the victim as her sister Mabel Herman at the scene. Dr. Mattson and Dr Hinderaker (the latter acting as coroner) pronounced Ms Herman dead Ms Herman's body was to Rice Hospital lor examination by Otticers Larson and Klinghagen. PAGE 3 Chief Goddertz noted that no money or other property seemed to be taken trom Ms Herman's home, He observed a newspaper dated Saturday. January 26 was also on the living room lloor and appeared to have been read No drawers or anything in the home appeared to be disturbed No weapon was round. Atapproxlmately 11:30 Officer Larson and Ohioer Klinghagen picked up the body oi Ms Herman and transported it to the X-Ray room al Rice Memorial Hospital, along with Dr. Hinderaker who loliowed the ambulance to the hospital Officer Larson stayed in the X-Ray room With Dr Fedor while he took the clothes off Ms. Herman's body and gave them to onicer Larson Ofiioer Larson then bagged each item individually and marked them with an evidence tag and kept them in his possession until the ioltowmg day when they were turned over to the Minnesota State Crime Bureau IBCA) Al Rice Hospital, Law Enforcement holed that there were approximalely 38 stab wounds ID the chest, abdomen, and the heck at MS Herman There were 6 marks that not appear to be slab wounds underneath her chin, Ms, Herman's body had discolorallorl on [he lell Side or her lace towards lhe middle of her Cheek The juvenile paper delivery boy was lnrervlewed. This juvenile slated he dellvered the paper to MS Herman's residence at approximately 1:00 m. on January 26 At the llme he dellvered Ms. Herman's paper, she was in the process at allowing her cat out at the house He did not have a conversation with her but observe her On January 29. Ohicer Larson spoke With Ms She stated Ms Herman liked to read a lot but would use a dim light She usually want to bed around 879 m. She would wake up but not make her bed right away She would usually walk around in her night clothes She would be up by 9 am. |o listen to the church service on the radio On January 30, Ms - was intennewed again. Ms._ said she arrived at her Sister's residence on Sunday night When she arrived. she noted that the basement door was closed This was somewhat unusual as the basement door is usually left open to allow her cat lree reign ol the house. Ms. stated that in her opinion. her sister died on Saturday because she was wearing black slacks and had normal working clothes on She stated it her sister had gotten up on Sunday morning, she tests that her sister would have been dressed more presentable as she normally dressed up on Sunday Minnesota Crime Bureau investigator John Barry interviewed the female neighbor who lived next door She stated that she and her husband reside next door to the Herman residence and resided there since November l973, She stated she did not observe any cars or any activities in the Harman neighborhood that she would be suspicious or She stated they were home on Saturday afternoon, January 26 until about 2:00 p.m and returned later in the evening They spent much or the evening watching television with their drapes open and did not observe anything suspicious. She stated that on Sunday when she went over to the Herman residence with Ms._ that the blinds were open and somewhat raised. which is contrary to the way Ms Herman kept the blinds. which were usually shut investigator Barry and Sgt. Anderson interviewed ALGENE VDSSEN (DOB- on February 19. 1974 VOSSEN admitted to window peeping on the night or February 16, 1974 and related that since his discharge trom Stiilwater Prison last May. he had peeped on two other occasions once in Wilimar and once in Spicer. both times he was undetected. VOSSEN admitted he needed help and consented to contact West Central Mental Health Clinic lor assistance When questioned regarding the Herman case, VOSSEN stated he did not know Ms Herman. does not know where she resides, and the only inicrmation he had regarding the case is what he learned from visiting with individuals in willmar and had read ln the newspaper ur heard on the radio. He claimed that an the night or Saturday, January 26 and Sunday, January 27. his normal activities are to go to John's Bar and Supper Club on Friday evenings, Saturday evenings, and Sunday evenin s, in most cases on Friday and Saturday nights after being at the Supper Club, he and his girllriendfiusually go to the VFW or the American Legion Club VOSSEN stated that on the night oiJanuary 26 and 27 he was in Wilirnar, thinking he was at Johns. the Legion, and/or the VFW PAGE 4 Anderson interviewed Ms on May 20, 197A She stated on that night VOSSEN came home at about 9'00 m. She said he was an hour and a half later as they always have supper at 7 30 PM, VOSSEN stated he lellwurk at 7:00 PM and stopped at Johns Bari American Legion, and Ev's Bar in Wllimar. Ms -reporled that she had already eaten and recalled that they had pot roast that particular night. She said VOSSEN had been drinking but was not drunk Ms tated that she had washed clothes numerous times since January 26, 1974 Ms reported that she was In a with VOSSEN and stated she had been tor quite some time. Ms married VOSSEN in October 1974 On December 2i, 1979' Deleohye John Kappers ol the willmar Police Department drove lo Des Molnes' iowa and met wilh VOSSEN. VOSSEN agreed to meel with Detective Kappers al 3:00 PM at Denny's Restaurant. At 3:25 puns vosseN arrived Deleclive Kacpers waved him over lo his location. VOSSEN out cl his car and met with Detective Kappers, VOSSEN immediately wanled lo know what was going on lo Deleclive Kappers, VOSSEN was obviously nervous and dislrusllul ol him. Detective Kappers assured VOSSEN lhal he was not going to arresl him but only wanted to talk to him regarding the murder. They went to Kappers's squad car where ine conversation conlinued Kappers Indicated that lhey had a Dr Bruce Danie, Interviewing the witnesses and susoecls involved in lhe case. Kappers explained the meeling would take place in Wilimar. VOSSEN said he could nol make It in WIllmar because he could not take time oh ol work VOSSEN told Kappers there was no way in hell that he was 90an to go to Minnesola or was going to talk luriher about the case. VOSSEN told Kappers that ii the police wanted lo talk lo him ihey should get a warrant tor his arrest. vossem then wanted to know what evidence had been turned up in the case lhal caused Kappers lo lrayel to Des Moines Kappers Indicated he could not discuss lhe details wilh him because that would be bad police work. VOSSEN said he wasn't saying anything further to anyone about the case. Kappers holed he was qulte excited during this lime, was talking last, mixing up his words and Visioly shaken, Deleciive Kappers noled that it was obvious lhal vossews main ooncerh during lhe interview was lo lind oul whal new eyidence lhe police had uncovered in ihe murder investigation concerning him. On February 21, 2003' Delecllve Matt Akerson and Detective Kappers interviewed a man whose name had arisen as a possible to the case. During the interview, a DNA sample was obtained trorn hini. Starting on June 1, zuzo, Deleollve Sgt, Chad Nelson and other ollicers ol lhe willmar Police Decanmenl conducted a cold case review oi lhe homicide ot Mabel Herman in reviewing the reports Detective Nelson ncled that an unidenlilied man got into a lan vehicle that came back registered to ALGENE VOSSEN This was in regards lo a window peeplng incident occurring on February 16, 1974. VOSSEN was located and he stated he was looking lor a woman named Rose. He slaled in looking through lhe Window. he only saw an older woman Detective Nelson ncled that when VOSSEN was interviewed. he said he picks his houses al random and has no special laney lor houses that contain older ladies On June 10' 2020' evldence In the case was subrnItted to the ECA Lab lor examination including Ms. Herman's sweater and known DNA samples tram a suspect Identified in 197A and a persun 07 interest Identified In 2003 The Wlilmar Police Department did not have a known sample from VOSSEN On July 1' 2020, BCA Lab repurl Indicated a single source of unidentitied male DNA trorn the presence of blood was found an the victim's sweater The BCA report Indlcated it did not match ellher one at the suspects (mm 1974 or the 2003 person BCA advised that additionai Comparisons would be made If a DNA sample at or any other individuals were On July 3, 2020' SpeClal Agent John Eacne with the South Dakola division of criminal Investigation was contacted by Detective Sgt. Nelson Special Agent Bache submitted a warrant lo Obtain the DNA sample PAGE 5 of VOSSEN. It was signed on July 6, 2020 by the South Dakota judge. The DNA sample to be obtained was two buccal (oral swabs). On July 7, 2020, Special Agent John Bosche along with Detective Scott Erickson of the Willmar Police Department and Detective Sgt. Chad Nelson arrived at VOSSEN’s Sioux Falls address to execute the search warrant for his known DNA sample. They knocked on the door and were met by VOSSEN’s niece. She stated that her uncle was sleeping and that she would go wake him up. Special Agent Bosche explained to VOSSEN that they were there to execute the search warrant to collect VOSSEN's DNA. VOSSEN was given a copy of the search warrant. Sgt. Nelson completed the buccal swab collection from VOSSEN. Detective Nelson identified VOSSEN by a South Dakota driver’s license. While at the VOSSEN residence, Detective Sgt. spoke with VOSSEN. VOSSEN stated that this has been going on since 1974 and it’s all because of one “damn officer from Willmar, Sgt. Anderson." VOSSEN stated he did not know who Mae Herman was and he was not at her house. He said the night she was killed, he was at the American Legion. He said there was no reason why his DNA would be found on Mae Herman’s sweater. He claimed he didn’t do it and he had no concerns with blood coming back as his DNA. On July 17, 2020, the BCA Lab report on the examination for DNA was completed. The examination was DNA of Mr. VOSSEN. The BCA Lab Report indicated that the blood which was single source male DNA and matched ALGENE VOSSEN, concluding VOSSEN’s DNA was found on the sweater Ms. Herman was wearing when she was killed. to compare the blood found on Ms. Herman’s sweater with the known PAGE 6 Complainant requests that Defendant, subject to bail or conditions of release, be: (1) Arrested or 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'S NAME: COMPLAINANT'S SIGNATURE: /7 (42 A Licensed Peace Officer (5 Subscribed and sworn to before the undersigned this Z3 NAME/TITLE: SIGNATURE: day of , SLU¥ , , 2020. L) ,1, KRISTINALYNN MANNING NOTARY PUBLIC M‘AJGQQTA - 433 Wish Nannivg) LESM Haslerw Being authorized to prosecute the offenses charged, l approve this complaint. PROSECUTING ATTORNEY'S SIGNATURE: 7 39 wow ~ Sha‘ne D. Baker 0275839 Kandiyohi County Attorney 41 5 SW 6th St. P. O. Box 1126 Willmar, MN 56201 (320) 231-2440 Ext: 5814 I, oiMy Commission Expires Jan, 31, 2021 i: y, gpmrgigm”. «p.33"?33274'4‘?.&?&~) w L‘W Q gt PAGE 7 Court File Number: FINDING OF PROBABLE CAUSE From the above sworn facts, and any supponing afdavits or supplemental sworn testimony, I, the Issuing Ofcer, have determined that probable cause exists to support, subj ect to bail or conditions of release where applicable, Defendant's arrest or other lawful steps to 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 YOU THE ABOVE-NAMED THEREFORE, DEFENDANT, ARE HEREBY SUMMONED to appear on the of before the above-named , 20__ at day court at 505 SW Becker Ave. Willmar, MN 56201 to answer this complaint. _X_ WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named 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 Ofcer is available to be dealt with according to law. _ _X_ Execute Nationwide _ _ ORDER OF DETENTION Execute in MN Only Execute in Border States Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. suly may Bail: Conditions ofRelease: 6“],1 M17 _ How pr (wry This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Ofcer ,202 o . day of Jul); JUDICIAL OFFICER: this 23’! SIGNATURE: NAMEzs'Wekon A. Nun—u,“ TITLE: 3‘6th (our 3.951} _Ag //M Sworn testimony has been given before the Judicial Ofcer COUNTY OF KANDIYOHI STATE OF MINNESOTA by the following witnesses: Clerk’s Signature 0r File Stamp: State of Minnesota Plaintiff, RETURN 0F SER VICE I hereby Certi/ vs. Algene Leeland Vossen Defendant. and Return that I have served a copy 0fthis Summons upon the Defendant(s) herein-named. Signature ofAuthorized Service Agent: PAGE 8 DEFENDANT FACT SHEET Other DOBs: Race/Ethnicity: CID: Alias Information: Fingerprinted: Handgun Permit: Location of Violation: Driver’s License #: Accident Type: License Plate #: BAC Status: BAC Level: Statute and Offense Grid Count: l Ct Statute Type Offense Date Statute #/Descr and Sup Level MOC GOC Rpt Ctrl Agncy Rpt Ct» l State Statute 1/26/ 974- 609. 19 - Murder in the Second Degree - With Intent - Not F H2033 NA MN034OIOO 740000 1 1/27/ 974 1 PAGE 9 Premeditated 609.19 - Murder in the second degree.