Dakota County
A judge convicted a Dakota County corrections officer on Monday of illegally releasing private medical information about an inmate during a child-custody hearing.
In a court trial, Dakota County District Judge Richard Spicer found Phillip Mycal Simpson, 40, of Burnsville, guilty of a petty misdemeanor count of violating government data practices laws. Simpson was acquitted of a second identical charge. He was fined $180 in penalties and fees.
"It didn't turn out the way we wanted," Simpson said while leaving court Monday.
An internal investigation is now under way by the Hastings Police Department to determine if Simpson violated any department policies when releasing the information, said Dakota County Sheriff Dave Bellows.
Simpson has continued working as a jail deputy while the criminal case was being prosecuted, Bellows said. Simpson was hired as a civilian, and is not a licensed police officer, Bellows added. However, if Simpson violated department policies, he could be subject to penalties including employment termination.
"One of our policies is having to remain law-abiding," Bellows said. "We have an obligation to keep the information of inmates confidential. The underlining offense was still serious - releasing information."
Simpson released medical details in 2010 about inmate Jason Olson-Skweres, the boyfriend of a corrections officer with whom Simpson had a child, according to a criminal complaint.
Simpson violated the Minnesota Government Data Practices Act by releasing private data about Olson-Skweres' medications, medical history and detention records in a public document.
Simpson was found guilty of the first criminal count for signing an affidavit in April 2010 that Olson-Skweres had "a serious chemical problem," at least four drunken-driving convictions and a canceled driver's license and took Lithium for mental health problems, the complaint said.
"It's my honest belief here when you wrote this affidavit that you were clearly concerned with the welfare of your child," Spicer told Simpson before reading his verdict.
However, Spicer acquitted Simpson of the second charge alleging Simpson also told others in January and February 2010 that Olson-Skweres was a former inmate and that he took Lithium for a bipolar disorder. Simpson was found not guilty of that charge because the child's maternal grandmother testified Monday that she couldn't remember the exact date Simpson told her the information, Spicer said.
The child's mother, Emily Bonniwell, testified for the prosecution during the one day trial.
Bonniwell resigned as a Dakota County corrections deputy in 2010, the sheriff's office reported.
A lawsuit filed by Olson-Skweres against Simpson, which alleged he violated state privacy laws and committed defamation of character, was resolved in August, said Olson-Skweres' attorney Joshua Williams. He declined to say anymore about the resolution that was reached.
The suit also named the Dakota County sheriff's office as a defendant.
The Dakota County attorney ruled against representing Simpson in the lawsuit. A Minnesota Court of Appeals decision upheld that ruling, stating that Simpson's disclosures happened outside the duties of his employment.
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