A court trial for a 35-year-old Brainerd man who faces first-degree assault and other domestic assault charges began Tuesday.
Patrick Michael Aleman was charged with three felonies Feb. 20, 2014, in Crow Wing District Court for facing first-degree assault to cause great bodily harm and third-degree assault to cause substantial bodily harm and domestic assault by strangulation. Aleman is accused of choking a Brainerd woman until she passed out, burning her with a cigarette and causing significant bruises to her body.
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This court trial story on Patrick Michael Aleman inadvertently reported the original charges Aleman is facing. The Brainerd man was charged Feb. 20, 2014, in Crow Wing District Court for first-degree attempted murder, while committing domestic abuse with past pattern of domestic abuse; third-degree assault to cause substantial bodily harm; and domestic assault by strangulation.
The charges since that date were amended and Aleman is facing first-degree assault to cause great bodily harm and third-degree assault to cause substantial bodily harm and domestic assault by strangulation.
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The Dispatch regrets the error.
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Aleman is representing himself in the court trial, which means the judge, not a jury of his peers, will decide his fate.
Aleman, sporting a trimmed beard and wearing a Crow Wing County Jail-issued orange jumpsuit, sat next to his advisory counsel, Andrew Wipper, an attorney with the Ed Shaw Law office. The judge allowed the shackles securing Aleman's hands at his waist to be taken off during the trial so Aleman was able to go through his court documents more easily, as long as a Crow Wing County deputy was on watch.
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Aleman is accused of choking a Brainerd woman until she passed out, burning her with a cigarette and causing significant bruises to her body.
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Crow Wing County attorney Don Ryan is the prosecuting attorney. The judge presiding over the case is Judge David J. Ten Eyck.
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The trial began at 1:30 p.m. and Ryan and Aleman each gave their opening statements before witnesses were called. The witnesses called were Brainerd police officers Sgt. Paul Dooley and Michael Kulzer and Scott Heide, who is in charge of the 911 Dispatch Center with the Crow Wing County Sheriff's Office.
In his opening statement, Ryan went over the relationship background of the victim and Aleman and the days leading up to the alleged assault. The assault was reported to Brainerd police at 2:51 a.m. Feb. 18, 2014, to the 3300 block of Oak Street in response to a 911 call concerning a female who was covered in bruises.
Ryan said the victim and Aleman had an on and off again romantic relationship. The Dispatch is not naming the woman because she is a victim of domestic assault. Ryan said the victim also had an on and off again relationship with another man, Robbie Ahmann. Ryan said the victim had coffee with Ahmann at Country Kitchen in Baxter and when she told Aleman about it, Aleman told her she couldn't see him anymore and it was "either him or me," Ryan said.
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Crow Wing County attorney Don Ryan said the victim and Aleman had an on and off again romantic relationship. The Dispatch is not naming the woman because she is a victim of domestic assault. Ryan said the victim also had an on and off again relationship with another man, Robbie Ahmann.
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Ryan said when Aleman found out he was upset and he used assaultive behavior and he kicked or punched her.
Ryan said on Feb. 14, 2014, the victim and her girlfriend were going to go to a movie and then dinner. Aleman went with and he wouldn't let her go to dinner, Ryan said.
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Ryan said during the court trial he will present evidence that over the course of the Valentine's Day weekend leading up to Feb. 18, 2014, the violence continued and escalated to where Aleman punched the victim in the face and he burned her with cigarettes.
Ryan said on Feb. 17, 2014, the victim put her daughter to bed about 8 p.m. and went into the living room with Aleman. They both had drinks and ate about 10 p.m. Ryan said Aleman got up and began punching and assaulting her repeatedly in the right side because he was mad at her for "disrespecting him." The victim had a broken tooth from him head-butting her face and Aleman began choking her to where she was unable to breathe and she was unconscious.
The criminal complaint said the victim woke up in her bed several hours later. She went out to the living room and found him sleeping on the floor. She woke him up and told him she needed to go to the emergency room. Aleman asked her not to go and when she insisted, he grabbed his things and left before she called for help.
Ryan said the victim called her friend Samantha Collins who called 911 for help. Ryan said the victim said she accidently fell down the stairs and she denied that she was assaulted by Aleman. The victim, who had 14 burn marks and was also bitten, later admits Aleman did assault her.
In Aleman's opening statement, he said they began dating again in December of 2013. Since then, they have been in a romantic relationship. Aleman said he was not against the victim having coffee with Ahmann. He said, in fact, he wanted her to talk to him to let him know where he stands. Aleman said he asked the victim why she was leading Ahmann on.
Aleman said he went with the victim on Valentine's Day to the movie because he was asked to go. Aleman said the victim had a broken tooth before that time of the month.
Aleman said the victim thought she was pregnant with Ahmann's baby and "she wished it was mine," said Aleman. Aleman said it turned out she was not pregnant and got a false pregnancy because her birth control pills mixed things up. Aleman said the victim was emotional because she had too much estrogen from her pills.
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Aleman said the victim thought she was pregnant with Ahmann's baby and "she wished it was mine," said Aleman. Aleman said it turned out she was not pregnant and got a false pregnancy because her birth control pills mixed things up. Aleman said the victim was emotional because she had too much estrogen from her pills.
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Aleman said the night of the 911 call was typical. He said she borrowed some money for beer and they laughed and talked, and talked to people on the phone. Aleman said he left to go to Wal-Mart and the gas station to get ready to go to work. Aleman worked at a resort on Mille Lacs Lake. Aleman said when he was pulled over by police he had his duffle bag full of fishing gear and "work things."
Aleman said he went to the hospital when he found out she was hurt.
"She was hurting for two weeks," Aleman said. "... One time she could hardly lift up her arm.
"I was holding her hand and being patient with her."
Heide was the first witness called by Ryan. Aleman objected because he said Heide was not on the witness list. The judge overruled the objection as Heide was on the witness list. Ryan had the court play the 911 call from Collins. Aleman had no questions for Heide.
Kulzer and then Dooley were called to the stand separately and asked about what happened when they arrived on scene. They both said they arrived and found the victim covered in bruises. The woman was sitting on the couch in the living room wearing a white tank top and shorts. The officers said they could see extensive bruises all across her left upper leg and buttock. Several bruises were dark and some were yellow, as if they were several days old. The officers said the woman was crying and trembling when she talked and her breathing was rapid and short. They said she had trouble breathing.
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The officers cleared the remainder of the residence and discovered the victim's 8-year-old daughter was sleeping in one of the bedrooms.
The officers said the victim was assisted to the ambulance and was taken to the hospital. They said they could tell she was in extreme pain and having difficulty moving.
The officers said the woman initially told them she fell and that was why she was injured.
Ryan entered several exhibits to the court of photographs of parts of the woman's body to show the wounds of the assault, which included cigarette burns and a bite to the cheek. Both officers confirmed the photographs were of the victim and the injuries were not consistent to a fall.
The officers also answered Ryan's questions on the traffic stop with Aleman. Kulzer said Aleman said he did not get in argument with the victim and said she had fallen recently.
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Ryan entered several exhibits to the court of photographs of parts of the woman's body to show the wounds of the assault, which included cigarette burns and a bite to the cheek. Both officers confirmed the photographs were of the victim and the injuries were not consistent to a fall.
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Aleman asked both the officers if they found any alcohol at the residence and if they searched the house and the garage and if they found any garbage bags. Both said they didn't recall finding any alcohol, they searched the house and the garage to see if anyone else was there and they didn't recall any garbage bags.
Ryan asked Dooley about the statement the victim gave him later when she admitted to him that she was assaulted by Aleman.
"She was sad and still in obvious pain," said Dooley. "She was emotional, she cried.
"She still seemed scared, even while she was at her friend's house. She was trembling."
Ryan also asked Dooley about text messages that were exchanged between the victim and Aleman that began 30 minutes after the 911 call through 6 p.m. the next day. Ryan submitted to court an exhibit of the text messages. Aleman objected as he said text messages are "vague" and can be taken out of context and all the messages were not displayed in the exhibit.
Aleman asked Dooley if he believed text messages can be misinterpreted. Dooley said "Sure."
No other witnesses were called and court was recessed to 9 a.m. Wednesday in the Crow Wing County Judicial Center in Brainerd.
JENNIFER STOCKINGER may be reached at jennifer.stockinger@brainerddispatch.com or 855-5851. Follow on Twitter at www.twitter.com/jennewsgirl .
