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

[Zilortha]

Kandyohi has 3 judges. I think regardless Nick made a mistake of shit talking the judge in public. Only ego bigger than a lawyer in the court is a lawyer in a robe. I don't think she's going to throw out his rights blatantly and get the cops to pull a Rodney King on him, but a lot of decisions where the chip may fall where it may might land against him.

I did wonder how spousal privilege will apply in this case, since it is the testifying spouse that must waive it. Seems a bit hard when the prosecution can just threaten the witness with higher charges if they don't waive it.

Shit talking the judge was a bad move regardless. Those judges talk. I'm sure they all know who Nick is and probably don't have positive opinions of him, especially now. There are so many instances where it's up to the judge's discretion, and Nick basically ensured he's going into court with no good will at all. Just a really dumb thing to do. But I guess there's always a chance that they may have no idea he even said anything. Who knows.

As far as spousal privilege goes, I think that's why the judge in his bail hearing let him represent his wife and let him go speak with her. I'm not sure how it'll work out for them going forward but I don't know if Nick is stupid enough to actually try and fight this. I assume he's just gonna try to get the best plea bargain possible.

 

[RodgerDodger]

That guest's credit cards were amongst the contraband in the master bedroom. That's a strong connection. She likely flipped.


My questioning is the probable cause behind the search warrant to begin with. I've never seen a door busting search warrant even for actual abuse with photo evidence, much less neglect. I'm going to have to wait until that's released, but the way the narrative is right now, it was just a simple pastor who reported neglect that got the door kicked in.

My conspiracy theory is that KF's initial judgement was right, that Aaron did in fact narc, but it wasn't about the kids, it was about the drugs, which is how they got the search warrant instead of just a cps investigation. He was waaay too quick to blame us for it, and knows waay too much to not have been involved in the process.

It's possible that the kids told the Pastor about Uncle Aaron and he told the investigators. Who then went and spoke to Aaron. And he ratted out the horde of cocaine in the safes.

the cops may have even read the KF thread and learned who the various players and playas are. That might have told them Aaron was no longer in the house. Making Cuck Daddy the likely subject to flip. He does seem very confident about facing no legal jeopardy, doesn't he. "I've reached out to the police" uh huh.

There is not. He's handled a handful of cases. And before his sad failure to represent April in her speeding ticket, idk how long it's been since he had one. Otherwise, he's just been a bitch litigant and called a judge a bitch. He's not involved in town or county anything or running around rattling cages. Nick is a non-entity in his town - or at least was until Thursday.

Oh damn! I had missed that. Nick's last client was his side piece? And he fucked up representing her. Doesn't the Bar really really frown on lawyers fucking their clients? While likely normally pretty trivial, it would be fucking hilarious if that's the ethical violation that gets him suspended or worse.

 

[AnOminous]

My ignorance is how they got ok to search in the first place. THAT is the document we haven't seen yet. Of course once you see things in the open, you have probable cause to go farther.

The pastor's mandatory report got them the probable cause they needed for a search warrant. They went to the residence with a valid search warrant, obviously carefully timing it (imo) for when Nick was already driving back to it (possibly after having dropped off the child who was absent when the search warrant was executed), so that only the pilled-out Kayla (probably unconscious from drugs) was available to answer.

That way, they arranged a situation where a deranged Nick Rekieta was unable to access firearms to fight the cops, something that seems unlikely, but that someone in his drug-addled state might have actually done, and an unconscious blasted-out-of-her-gourd-on-drugs Kayla was unable to respond to, and was possibly even completely unaware of in her oblivious state.

Then it was only a small child who had to answer the door and, obviously under orders from Drugkieta, refuse to open it, and then watch cops bash the door open and enter violently. This is what this fucking freak forced his children to experience. That's how little he cares about his own children.

 

[Swole McPole]

It's pretty clear from the look of them that they've both been doing a lot of cocaine. I wouldn't be surprised if they were going through multiple grams per day. If Nick has been buying large quantities like that for a while, he might have already been on law enforcement's radar.

I'd be really surprised if the local cops hadn't been following his livestreams. Why wouldn't you? Small town like that, you've got a controversial lawyer streaming stuff -- why wouldn't you take a look and see what his show is about? Why wouldn't you Google him? Why wouldn't you check Kiwifarms? If I worked as a cop in Spicer, I'd be all over that shit like a nasty rash.

And although there was obviously an investigation in hand, if you were doing an investigation and you watched that pillstream, I think you'd try and get all your ducks in a row and go and try and see what was going on ASAP. If those kids are at risk, you'd want to know ASAP and the only way to really know is to go down there and take a look.

If he swallowed his pride, went straight to rehab and acted contrite and sought meaningful changes in his life he would get fuck all for the drug charges. (Assuming he wasn't actually dealing)

I have a friend who was arrested in possession of 2 kilos after having sold an eightball to somebody who was working for the cops. She did precisely this and ended up getting no time at all -- and that was in the USA back in the 80's in the era of mandatory minimums. Judge dropped the charges 'in the interest of justice'. (She was under the scrutiny of the court for years before the judge finally let her off though.) Today, with the emphasis on treating addiction as a health issue rather than a criminal justice matter, I think it'd be much easier to get a walk for a first offence if you played your cards right.

 

[Sheryl Nome]

Agree the gun charge is meh, and I've said before I wouldn't be surprised if it goes away in a negotiation.

But - and I don't know if the Constitutionality of the MN law Nick is charged under has been challenged - you mention Heller. Bruen is now the standard (since 2022) for challenging the Constitutionality of these types of prohibitions. Under Bruen, courts should evaluate challenged statutes that prohibit/limit gun ownership based on various whether the prohibitions are protections traditionally/historically applied. It's led to more statutes being struck down on 2A grounds, and some of those are in appeals but stayed until another case (Rahimi) the Court is scheduled to hear this year is decided and possibly refine or clarify its holding in Bruen. Rahimi is about a prohibition on having a gun while being under a DV protective order.

And the gun charge is a misdemeanor, but it is a gross misdemeanor, with sentencing guidelines of 21-28 (or so, going from memory) months, presumed stayed but confinement possible. So not completely a nothing, though again, could be discarded easily bc, as you said, the apparent primary concern is the drug possession.

Nobody is going to overturn the prohibition on drug users having firearms. Its just not going to happen. Its certainly not going to happen before the conclusion of Nick's case. Its absolutely not going to happen as part of an appeal Nick makes because he's a TERRIBLE plaintiff.

 

[AnOminous]

My conspiracy theory is that KF's initial judgement was right, that Aaron did in fact narc, but it wasn't about the kids, it was about the drugs, which is how they got the search warrant instead of just a cps investigation. He was waaay too quick to blame us for it, and knows waay too much to not have been involved in the process.

We literally have seen the document where it was the pastor who reported.

 

[mindlessobserver]

The looming issue is the CPS investigation. That is only just getting started and That doesn't play by the same rules. Heaven forbid any of those kids test positive for drugs, for example. (Yeah a kid eating one of Mommy's special gummies is not an opposite accident. It's a hard felony.) What exactly was going on with that pack of depraved degenerate sex addicts in that house? It's a situation where the kids being ignored, unfed and neglected is one of the better options.

All of the kids are also getting interviewed by a case worker without any parents in the room too at this point.

Another thing about US law that is often overlooked is that the Government can interview a child without an adult present, if the purpose of that interview is to determine custody. Nothing said in that interview is admissible in a criminal court, but the Case Worker can absolutely use what was told to them in a family court proceeding to strip parental rights.

Ideally this would be to pass the kids to immediate family. Like an Aunt, Uncle or Grand Parents. The Case Worker will also be giving them the business too at this point. They can't MAKE the extended family take responsibility, but they can hint pretty hard if they don't the kids face a fate worse then death, that is yet still less bad then being returned to their parents. Becoming wards of the State.

 

[Friend of Dorothy Parker]

Nobody is going to overturn the prohibition on drug users having firearms. Its just not going to happen. Its certainly not going to happen before the conclusion of Nick's case. Its absolutely not going to happen as part of an appeal Nick makes because he's a TERRIBLE plaintiff.

Well, absolutely, the 2A bullshit is exactly bullshit, which is why I berated Barnes. What all will ultimately be determined unconstitutional is unknown, but it's absolutely not happening while Nick's case is open or because of Ricky Rails being an obstinate prick and trying to turn his garden-variety druggie existence into a major legal event.

That said, from the perspective of considering the Constitutional analysis of gun prohibition laws generally, the last few years have had a shift toward striking them.

 

[Useful_Mistake]

We literally have seen the document where it was the pastor who reported.

We've seen one very small screencap that no one was able to verify and that does not appear on the docket. While I personally think its legit, I can see why other would doubt such cropped proof of a alog

 

[Crash Davis]

I'm a bit surprised that they didn't charge them with "intent to distribute" with the addition of those scales.

 

[Barry McKockner]

The pastor's mandatory report got them the probable cause they needed for a search warrant. They went to the residence with a valid search warrant, obviously carefully timing it (imo) for when Nick was already driving back to it (possibly after having dropped off the child who was absent when the search warrant was executed), so that only the pilled-out Kayla (probably unconscious from drugs) was available to answer.

It's possible CPS tried to contact them for interviews, nick told them to fuck off, so they got the warrant. It's possible the report included multiple sources confirming drugs, so they got the warrant. We'll only know with the release of the PC of the warrant.

But no, calling CPS as a mandatory reporter and saying someone has drugs in their house will not result in a search warrant as the first step without more. There is more than meets the eye.

 

[AnOminous]

But no, calling CPS as a mandatory reporter and saying someone has drugs in their house will not result in a search warrant as the first step without more. There is more than meets the eye.

That's bullshit, I've seen plenty of raids occurring from even completely anonymous reports. A mandatory reporter with credible evidence is absolutely probable cause.

 

[cybernurse1998]

My questioning is the probable cause behind the search warrant to begin with. I've never seen a door busting search warrant even for actual abuse with photo evidence, much less neglect. I'm going to have to wait until that's released, but the way the narrative is right now, it was just a simple pastor who reported neglect that got the door kicked in.

My conspiracy theory is that KF's initial judgement was right, that Aaron did in fact narc, but it wasn't about the kids, it was about the drugs, which is how they got

My questioning is the probable cause behind the search warrant to begin with. I've never seen a door busting search warrant even for actual abuse with photo evidence, much less neglect. I'm going to have to wait until that's released, but the way the narrative is right now, it was just a simple pastor who reported neglect that got the door kicked in.

My conspiracy theory is that KF's initial judgement was right, that Aaron did in fact narc, but it wasn't about the kids, it was about the drugs, which is how they got the search warrant instead of just a cps investigation. He was waaay too quick to blame us for it, and knows waay too much to not have been involved in the prprocess.

I have made mandated reporter calls, it has never resulted in a search warrant. Even with horrifying stuff like kids with broken bones, kids being horribly abused, stuff that should only exist in nightmares. The only time I have ever in my life seen a mandated reporter call result in a search warrant, is when a cop's wife ( she was a church volunteer with a huge grudge against the person she "was concerned for") made a call to report someone as suicidal after they made the comment "stop the world, I want to get off"

 

[Barry McKockner]

That's bullshit, I've seen plenty of raids occurring from even completely anonymous reports. A mandatory reporter with credible evidence is absolutely probable cause.

If you had exigent circumstances, but waiting 6 days to act blows any exigent circumstance argument out of the water.

I have made mandated reporter calls, it has never resulted in a search warrant. Even with horrifying stuff like kids with broken bones, kids being horribly abused, stuff that should only exist in nightmares. The only time I have ever in my life seen a mandated reporter call result in a search warrant, is when a cop's wife ( she was a church volunteer with a huge grudge against the person she "was concerned for") made a call to report someone as suicidal after they made the comment "stop the world, I want to get off"

Which is why I'm saying ther has to be more than just that. The DA/cops can't be that stupid

 

[cybernurse1998]

Which is why I'm saying ther has to be more than just that. The DA/cops can't be that stupid

It has to be a combination of public servants pissed off enough to do their jobs and multiple "tips" from different sources.

Like I said the only time I have ever seen a mandated reporter call result in a search warrant was when a guy made a sarcastic remark and a cop's wife (with a grudge) made the mandated reporter call. This was small town rural US, so she had already spent a fair bit of time shit talking/ making accusations/ suggesting that the guy was a drug dealer to the entire Sheriff's Department.

 

[Spaded Dave]

Nick was being monitored for a week. The warrant was executed after his coke-stream. I'm not sure how much LEGAL weight that could have on a warrant, but as humans it would definitely create a bias.

 

[cybernurse1998]

I think the local cops/ prosecutors and judges could not stand Nick. I think that they completely hated him. And Nick served himself up on a golden plater. The mandated reporter call just gave them the reason that they needed. The week between the call and the execution of the warrant was probably to make sure that all of their ducks were in a row and Nick would have no way to challenge the legality in court.

 

[Yandex Captcha Solver]

Nick was being monitored for a week. The warrant was executed after his coke-stream. I'm not sure how much LEGAL weight that could have on a warrant, but as humans it would definitely create a bias.

If a cop pulls you over while you have white powder on your nose and are speaking a mile a minute. That is going to be PC for a search and maybe even a blood test for a DUI/DWI. Does that magically not become PC when broadcasted to the internet while your at home? It could be powdered donuts and you just ate a million of them giving you a sugar rush, but it seems very realistic to assume drugs may be behind it.

I understand that car searches and house searches are vastly different in the requirements. As a non-lawyer it seems to hit PC and seems to be a very reasonable assumption drugs may be involved. Then you add the mandatory reporter on top of everything mentioning drug use, that just throws more PC on top of it all.

 

[Friend of Dorothy Parker]

We've seen one very small screencap that no one was able to verify and that does not appear on the docket. While I personally think its legit, I can see why other would doubt such cropped proof of a alog

Then they ought to say that they aren't comfortable with the pic's provenance, so they'll disregard, and then not speak of it or speak accordingly.

I have made mandated reporter calls, it has never resulted in a search warrant. Even with horrifying stuff like kids with broken bones, kids being horribly abused, stuff that should only exist in nightmares. The only time I have ever in my life seen a mandated reporter call result in a search warrant, is when a cop's wife ( she was a church volunteer with a huge grudge against the person she "was concerned for") made a call to report someone as suicidal after they made the comment "stop the world, I want to get off"

MN LEO in most areas tend to be earnest about these things.

That said, we also don't know if the (assuming real) report we've seen a snap of was the first or the 50th.

If you had exigent circumstances, but waiting 6 days to act blows any exigent circumstance argument out of the water.

You don't need "exigent circumstances" to get a warrant. "Exigent circumstances" is for non-warrant-covered actions.

6 days seems reasonable time for investigation, getting the facts on paper, getting to a judge, organizing the plan, etc.

 

[Not Really Here]

rambling

The point Barnes was making is that mandating a clergy member report, has been found in some jurisdictions to be a violation of the 1st amendment rights of the congregant.