State of Minnesota v. Nicholas Rekieta, Kayla Rekieta, April Imholte

[Useful_Mistake]

I think the conflict of interest might be because the judge assigned is the one on the Monte case?

That was in regards to representation.

 

[reptile baht spaniard rid]

From listening in on Null’s stream I heard the offer of a personal reconnaissance release with the conditions and the $50k unconditional. The judge did say “of course even that one you have to remain law abiding” or something similar but I could have sworn he also slipped in the “no alcohol/mood altering drugs” line on that - there just wouldn’t be random testing.

So can he do the PRR and then switch to the $50k when he has rounded up the cash? That’s what I couldn’t make out, and whether he had to make a choice instantly or could defer.

The judge not liking him might be in his favor, as she’ll be more inclined to be on the up and up.

Which means the most likely hilarious situation is he gets basically nothing at all in penalties but gets chewed out for an hour during sentencing. Hard to appeal a “dindu Nottin” just because of mean words.

 

[Al from Dadeville]

The plastic bag weight isn’t going to matter as much as the field scale calibration. It might only get checked yearly, and if it’s getting bumped around it could easily be off by a fraction of a gram in either direction. The drug lab techs probably have a calibrated weight that they’re checking the scale with on a regular basis.

 

[a hapless toad]

Here is the order for detention, which includes the statement of probable cause. Backs up eveything in the news article. There is no way in hell theyre getting the kids backs.

Edit:Uploaded screenshots for those who dont want to download

I'm not going to reattach the screenshots, go to the post in the Rackets thread if you don't wanna download the PDF.

 

[waffle]

Wouldn't it depend on what the pastor reported exactly? If the attack on the warrant is due lack of probable cause from the pastor's statement, that leads to a fairly deferential analysis based on indicia of reliability. But for one, he's a community pastor and mandatory reporter who's reporting under his name to the police under threat of penalty if he's lying, which makes what he says pretty presumptively reliable. If he has knowledge of the home, the goings-ons of the family, statements from the kids, and so on, it's going to be very difficult to attack the warrant. He may have worked in a ministerial capacity with addicts or drug users in the past, giving him particular knowledge supporting the suspicions he reported. Plus, the police probably investigated and affirmed aspects of whatever the pastor reported. Until we see the warrant itself, it'll be difficult to come to any conclusions about using the pastor's report to the police as the basis for the warrant.

The fact they waited five or so days from tip to arrest indicates they probably did a bunch of independent investigation because they were cognizant of the risk of the warrant being suppressed. I wouldn't be surprised if part of the warrant package was an affidavit from a drug recognition expert in regard to the Coke Stream.

 

[RodgerDodger]

i understand but why is this police document not available through the state of minnesota? i think the screen shot, of the report detail, is more than likely legitimate, but who leaked it?

i don't think daxipad or this onions twitter person have the reach to get undisclosed private documents. my guess is it was rekieta who leaked it. but if ti was rekeita did leak the doc, is that illegal and will that get him in more trouble?

I don't think Nick had been released yet when this was posted. Or Nick had been but Kayla not yet.

Perhaps, but usually people caught with this shit don't have hours and hours upon hours of footage for prosecutors to laugh at analyze.

I feel rather bad for those poor interns that have to watch Nick's on stream deterioration. But damn he is so perfectly documented his decline that the DA could easily put up a time-lapse over the last 18-24 months and just remind the Judge and Jury, 5 kids in the house.

How long until Nick violates the bail condition? Or gets caught violating the bail condition? Or get penalized for violating the bail condition?

Forget the bail conditions. If he appears on s stream drunk, high or in any way incapacitated he destroys any chance of seeing his kids. CPS has no sense of humor. And those are the things hanging over Nick that we will not know until he says something.

 

[Obnoxious Asshole]

Forget the bail conditions. If he appears on s stream drunk, high or in any way incapacitated he destroys any chance of seeing his kids. CPS has no sense of humor. And those are the things hanging over Nick that we will not know until he says something.

Also CPS will move so fast Nick’s neck will break from whiplash. He’s got no room to fuck up and they will be watching.

 

[Diabeetus69]

I wonder when they are going to tack on the "Intent to Distribute" charge, or is that not a thing anymore.

Minor PL here:
Back in the early 90s, my roommate used to sell pot...and I mean a LOT. He would get a 10 lb lawn-bag full of weed and keep it in his bedroom closet. People would come over to buy, he'd go back in the bedroom and pull out however much they wanted out of the huge bag, put it in a smaller bag, and bring it out to them. I asked him once, why he didn't just break up the big bag into smaller bags when he bought it. He told me that if the cops bust you with a bunch of smaller bags, plus "paraphernalia", such as scales, bag sealers, etc., they used that to show that not only were you possessing, you were "dealing" which meant MUCH bigger charges.
The fact that Nick had several small bags of blow in various places, including two safes, bag sealing equipment, etc, might lead the cops to tack on those charges if Nick isn't willing to flip on whoever his upstream dealer is.
If all that coke was just for him and his wife and his whore to share, it would all be in one container, hidden up in the closet of their bedroom.
He was dealing....calling it now.

 

[Punished Brent]

“
Minnesota appears to be the first state in the nation to legalize both drug paraphernalia and residue, said Edward Krumpotich with the National Harm Reduction Coalition, which works to prevent overdoses and keep people who use drugs safe.

People will no longer face penalties for possessing or delivering items such as pipes, bongs, syringes or needles. If there's drug residue — from marijuana to meth — in one of the items, that is also no longer considered grounds for penalization. People previously could have received gross misdemeanors or felonies for residue, and petty misdemeanors for paraphernalia.”

https://m.startribune.com/minnesota-passes-major-drug-changes-from-psychedelics-task-force-to-legalizing-paraphernalia/600278834/?clmob=y&c=n&clmob=y&c=n

 

[World in Scarlet]

Does Minnesota take purity into account?
Like if you have 10g of 10% coke and 90% filler, do you only get charged for the 1g that is actually an illegal substance, or the entire 10g?

 

[DiabeticSydePhil]

Some questions, sorry if retarded:

1. Presuming they took all the drugs to to test, if they reweigh rhe cocaine and it's under 25 grams, do they reduce the charges? Does the ketamine count towards the weight?

2. Do we know what the brown powder was and if its more drugs is that a separate count or is it just '25 or more grams' as the felony.

3. Something Josh brought up on MATI, but can the force Katya to have a separate lawyer because Nick representing his wife is a conflict of interest because she can't snitch for a plea deal effectively?

Finally, why wasn't the side bitch charged after being booked, did they just decide not her house, not her drugs?

 

[Black Cat Owner]

Does Minnesota take purity into account?
Like if you have 10g of 10% coke and 90% filler, do you only get charged for the 1g that is actually an illegal substance, or the entire 10g?

Nah man if you have 1 gram of coke cut in with 3 grams of flour you're getting a 4 gram charge

 

[Obnoxious Asshole]

Does Minnesota take purity into account?
Like if you have 10g of 10% coke and 90% filler, do you only get charged for the 1g that is actually an illegal substance, or the entire 10g?

Nope, you are charged for the total weight.

EDIT: Ninja'd

 

[World in Scarlet]

Nah man if you have 1 gram of coke cut in with 3 grams of flour you're getting a 3 gram charge

You get charged only for the flour? (Just kidding, thanks.)

 

[wenttobermuda]

I'm curious to see if there will be any additional charges. I think the CPS angle poses more of a risk than the drugs and guns.

Does Minnesota take purity into account?
Like if you have 10g of 10% coke and 90% filler, do you only get charged for the 1g that is actually an illegal substance, or the entire 10g?

No. The Man doesn't cut you a break because your shit's stepped on. 10g of pure coke is just as bad as 10g of the most adulterated coke.

 

[Black Cat Owner]

You get charged only for the flour? (Just kidding, thanks.)

Shit lmao

 

[TexOffender]

Uncivil did a breakdown of the criminal complaint. According to Kurt, Attorney Tom told him Nick retained a lawyer so he only acted as lawyer for the arraingment.

 

[waffle]

The plastic bag weight isn’t going to matter as much as the field scale calibration. It might only get checked yearly, and if it’s getting bumped around it could easily be off by a fraction of a gram in either direction. The drug lab techs probably have a calibrated weight that they’re checking the scale with on a regular basis.

As the case progresses (unless they olea first) at some point the drugs will get weighed on a certified scale without the containers in order to get a true certified weight that a technician can testify to in court. That same guy (usually) will also run them in a mass spectrometer so he can test their exact composition and testify to that. The field tests and weights are accurate enough for probable cause, but don't prove anything beyond a reasonable doubt.

There were a lot of bags and they need to loose less than two grams. That's doable, but if he wants to push it that far theh can fuck him back by adding new charges.

 

[ACE CERTIFICATION PROGRAM]

If all that coke was just for him and his wife and his whore to share, it would all be in one container, hidden up in the closet of their bedroom.
He was dealing....calling it now.

I think so too. No reason to have all that other shit around if you’re just using. Someone should ask Aaron about this, if anyone would know it would be him.

Finally, why wasn't the side bitch charged after being booked, did they just decide not her house, not her drugs?

Wait really, she was let go without any charges? I give up trying to catch up on the main thread so apologies if late.

 

[Diabeetus69]

Wait really, she was let go without any charges? I give up trying to catch up on the main thread so apologies if late.

Yeah...I think it's because she doesn't "officially" live there. Nick made a big deal out of emphasizing to the cops that she was "just visiting" and, therefore, had nothing to do with anything they found in "his" house. Anyone with two brain cells to rub together knows she was in on it, but the cops really had nothing to charge her with other than being in the "wrong place at the wrong time". If I'm visiting my brother for the holidays and the cops bust in cause he has a dead body in his freezer, they're going to arrest me at first, but they aren't gonna charge me with murder.
However, I am getting heavy "GoodFellas-Babysitter" vibes off this. She was the "innocent" friend, who, in reality, was the mule. I just wonder whether she was transporting it out or transporting it in.
You know damn well they let her go so they could put a tail on her for the next 2 weeks to see where she runs off to.