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Man found guilty in bench trial

NEW ULM — After nearly two hours of testimony in a two-day bench trial Thursday, a 50-year-old New Ulm man was found guilty of gross misdemeanor contributing to need for protection or services.

Michael J. Boss, 1315 N. Broadway, was accused of trying to lure a 10-year-old Springfield girl from her house, alone, late at night to meet him near an abandoned residence near the railroad tracks in December 2017, according to court documents. Judge Robert Docherty ordered a pre-sentence investigation prior to Boss’ sentencing set for 10:30 a.m., Monday, Oct. 7.

Springfield Police got a call on Dec. 4, 2017, from a person who wanted to report a disturbing letter a 10-year-old girl was given at school. Police talked to the caller and the girl, who said she received a Christmas stocking that was sewn shut.

The stocking was said to contain candy and a folded letter from Boss that read “for $@#F only. Make sure you are alone before opening. If you are not, turn back now. Anyone but $@#F crossing this point is in big trouble.”

The other side of the note read, “$@#F, I (heart) you! And miss you. When the Lord tells you, take a walk down Central Street by yourself, probably sometime around midnight or after midnight. Don’t cross the railroad tracks. I just want to talk. Look for me by the train tracks. Obey the Lord above all things. Throw this out after you are done reading it. Don’t be afraid. God is with you.”

The bottom of the note contained Boss’ signature and a drawing of the location Boss wanted the girl to sneak out and meet him at. A star on the map was the approximate location of an abandoned property.

The girl told authorities and testified Thursday that she began spending more time including sleepovers with a friend at Boss’ residence since February 2016 and went to church and church events with Boss’ family.

Police later got an email with attachments originated from Boss. The attachments went into detail about how he believed it was God’s plan that his family adopt the girl, gave her the option to live with him after high school and college if she needed or wanted to with marriage as an option to her.

“It was only after God let me watch the 1964 movie “My Fair Lady” (that ends with an older man falling in love with a very young woman), that I knew our marriage could work,” read the communication from Boss.

The girl’s caregiver and a Springfield Public School family facilitator testified early in the court trial about learning about the letter and email from Boss that were forwarded to Springfield Police, and reported to a Brown County Human Services Child Protection Worker.

“The emails were very concerning from my knowledge and personal experience with clients regarding grooming behavior. “ the family facilitator said. “A mandated reporter forwarded the information to a Brown County Human Services Child Protection Worker.

The girl testified she received the note from Boss telling her to meet him in the middle of the night and showed it to friends at school and her aunt.

“I was scared after getting the note that he (Boss) might do something to me,” the girl testified.

She testified that Boss never hurt her but she felt unsafe after getting the note.

Police officer Andrew Mathwig testified that Boss exhibited “grooming behavior, being in the girl’s trust, targeting her and continuing to maintain control of her.”

“The issue is that Boss engaged the need for the girl to receive protection or services,” Docherty said. “It’s clear she didn’t want to meet him and she had enough sense not to do that. The note encouraged her to put herself in a dangerous situation. He’s guilty as charged.”

Assistant Brown County Attorney Dan Kalk said he was happy with the decision.

“This behavior was not just dangerous, it’s also illegal.”

Boss’ attorney Jacob Birkholz of Mankato argued that Boss’ inappropriate conduct with the girls was “pure speculation” and that inappropriate behavior is not criminal.

Fritz Busch can be emailed at fbusch@nujournal.com.

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