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Under Oath -Previous Mental Health Concerns?

You probably know by now that David had spent 10 days in the mental hospital for psychosis. His first ever mental health crisis and first time ever hospitalized.

On Monday, January 29th, 2018, eleven days before his passing, Fairview Medical Hospital petitioned the court to require involuntary treatment of David for his mental health issues and for authorization to impose treatment.

The Honorable Mike Lien presided over the hearing. Judge Lien made the following comments: “I know you're eager to get out of the hospital, and I haven't decided whether I'm going to let you out…It's really important that you cooperate with your doctor, take your meds as they're prescribed, and do what your doctor tells you to do, whether you end up under commitment or not; you understand that?...

It is clear that Judge Lien was undecided whether or not David should be released from the hospital. David was represented by Attorney, Daniel Rauenhorst. Under oath Ms. X was asked: “Prior to the events leading up to hospitalization, had you had those sorts of concerns regarding his mental health prior to that? Ms. X: “NO.” Rauenhorst: “This was the first incident?” Ms. X: “Mm-hmm, YES.”

On January 23rd, just 6 days earlier, she stated just the opposite to a Fairview Hospital screener. The screener reported in David’s medical records the following: “Ms. Elmquist states, “Historically when he has lots going on in his head he can’t articulate very well….he can have trouble completing a sentence.” Ms. X stated that her husband has exhibited “lots of small weird things for the past couple of months”…She notes in the last week and a half, “lots of bizarre things.”

Based upon Judge Lien’s concerns and am bivalents about releasing David from the hospital, if Ms. X had been truthful and repeated what she had told the Fairview screener, it is difficult to believe that the Judge would have agreed to release David the following day.

Perjury is prosecutable when it affects the outcome of a trial or hearing. Clearly, Ms. X’s lack of forthrightness influenced the outcome of the hearing. Given the serious consequences - DAVID’S HORRIFIC DEATH - why, when it was brought to their attention by David’s father, didn’t Hennepin County look into this further?

Mr. Elmquist asked Sr. Hennepin County Attorney, Alan J. Harris, in a recorded conversation:

Mr. Elmquist: “Okay. She lied. You don’t think it’s significant that she lied under oath, as far as his behavior?”

Mr. Harris: “Well… I don’t know if it is or isn’t… I mean I… David has a sister, right?”

Mr. Elmquist: “Yeah.”

Mr. Harris: “Yeah, and… in the report, she said something about…” blah, blah, blah. (Emphasis mine.)

Rather than answering the question on whether or not it was significant that Ms. X lied under oath to get David out of the hospital, he changes the subject to something that is completely irrelevant. He eventually returns to the perjury concern: “You know, there can be a lot of different explanations for things… Why would she lie, I don’t know. I really… I can’t say…”

That’s it?!! For something as serious as lying under oath which led to a mentally unstable man to be released from the hospital under false pretenses, leading ultimately to his most horrific untimely death, Hennepin County Attorney’s Office once again brushes it off as no big deal.

What is more important, doing due diligence to investigate the horrific death of young man who died under very unusual circumstances or protecting a police department by helping them cover up their misconduct?

Ms. X has been under oath two times regarding David’s death; both times she has been in contempt of court, unwilling to speak the truth. Had she not lied, would David be alive today?

Perjury is a serious crime and punishable up to 5 years in prison and up to $10,000 in fines. Is this not a prosecutable perjury case?

This is just one of many reasons of why we believe Hennepin County is complicit in the cover-up of the death of David S. Elmquist. We will continue to drop more information of what we believe points to serious police and prosecutorial misconduct.

Thank you for your support!!!

Please sign the petition!!!



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