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

[Obnoxious Asshole]

everyone is going to be disappointed

I certainly won’t be. This shitshow has just begun to get good. Even if he pleas it down, his allocution/statement of facts is going to be magnificent

 

[Not Really Here]

That's what I was trying to say, I just don't know your fancy lawyer words like "affidavit."

The affidavit attached to the warrant will be from a cop, not the pastor.

I certainly won’t be. This shitshow has just begun to get good. Even if he pleas it down, his allocution/statement of facts is going to be magnificent

If the lab weight is below 25 grams, this is a first time offender misdemeanor drug charge, that's a candidate for the pretrial diversion program.
He'll have to fail that first.

 

[Barry McKockner]

everyone is going to be disappointed

I won't be disappointed. You have to care about an outcome either way to be disappointed.

 

[Friend of Dorothy Parker]

No. As the grifter lawyers have repeatedly said, the initial report doesn't matter, the affidavit attached to the warrant request is what controls the legality of the search, and nobody has that yet. Furthermore even if you took a swing at the report on 1st amendment grounds, it would probably have to be the kid, or the pastor.

Right. The 1A argument is peripheral at best, and wrong so far in this situation. There is no 1A argument absent the pastor's saying he didn't want to report but had to, and there's no controlling case stating pastor reports are unconstitutional. The whole 1A garbage is irrelevant, a red herring borne from speculation at best. Throwing shit at the wall.

The affidavit attached to the application for a warrant is what matters. But even if the affidavit cites the pastor's report, the 1A argument is still dumb unless the pastor has a complaint, and even then, that's not the law in MN.

Alogs don't understand a first year law "issue spotting"/"Issue identification" exercise, and everyone is going to be disappointed when the lab weight of the dope comes back slightly under 25 grams, and the dope charge is reduced.

Unrelated. But obviously, if the drug amount is retested and shows as < 25 g, the charge has to change.

 

[Obnoxious Asshole]

The affidavit attached to the warrant will be from a cop, not the pastor.

If the lab weight is below 25 grams, this is a first time offender misdemeanor drug charge, that's a candidate for the pretrial diversion program.
He'll have to fail that first.

A point I didn’t consider. To balance it I could imagine the incredible shitshow his “comeback” stream would be. So far I’m not seeing a path where I’m not entertained.

 

[Friend of Dorothy Parker]

The affidavit attached to the warrant will be from a cop, not the pastor.

If the lab weight is below 25 grams, this is a first time offender misdemeanor drug charge, that's a candidate for the pretrial diversion program.
He'll have to fail that first.

In Hennepin County - not Kandiyohi, but a standard-setter - formal pretrial diversion is available for 4th and 5th degree charges. If the coke amount is > 10g, it's 3rd degree. Now, of course, deals can be made, but if Kandiyohi is somewhat aligned to Hennepin, a 3rd degree charge is not typically immediately eligible for diversion.

 

[repentance]

Not applicable to his wife because she was charged with starving (or depriving it of other essential needs) the kid and willfully permitting physical and sexual abuse
View attachment 6026474
View attachment 6026475

https://www.revisor.mn.gov/court_rules/cr/id/3/

The "supervision appropriate to the child's age" part stands out to me. Once the nanny left, who was supervising the children the majority of the time, and what degree of supervision was happening?

Kayla's charges only diverged from Nick's after the police had been inside the house and observed the clutter and filth. Kids are certainly capable of helping to tidy up and loading and unloading a dishwasher but it reads like even that wasn't happening. If Kayla did nothing about the observable mess, what else did she ignore and how does that relate to "the continuing physical or sexual abuse of a child"?

Nick's charges have not been updated to include physical or sexual abuse, which seems a little odd if it's his behaviour Kayla is deemed to have knowingly permitted.

 

[Darkholme's Dungeon]

If a cop pulls you over while you have white powder on your nose and are speaking a mile a minute.

That's up for debate in some federal circuits. They made the smell of weed illegal for PC car searches, maybe not the visible white powder since that's something a picture could prove.

Well, absolutely, the 2A bullshit is exactly bullshit, which is why I berated Barnes.

Barnes logic is for pol plebs interested in the incoming election, not for someone fighting a court case. You don't want to be fighting the law on a ruling that could be unconstitutional because of a recent new ruling. Just like the 1A argument. It's retarded because that is a hail-mary shot all the way up to SCOTUS (so, state appeals, state supreme, fed circuit, fed appeals, fed en banc, SCOTUS) instead of having the trial court rule for you. Branca is right that appeals are for losers.

I have 0 faith in the mandatory reporter system anywhere.

Yeah neither do I. I took a baseball bat to the face in a ball game as a kiddo with video proof (this was before smartphones) and CPS still harassed my parents for months despite the coach (of both teams), the umpire, and the parents saying it was from getting a fucking baseball bat to the face. "But that injury is consistent with physical abuse !!!"
Then I did EMS work and the response varies wildly by the agent. Some are decent people and have common sense, most are retards or power-tripping faggots (or have a political agenda).
I don't have faith in any system, only specific people. In a perfect world your example you should have just drug the parents out, shoot them and claim defense of other (the kid) with no-bill on the grand jury.

what else did she ignore and how does that relate to "the continuing physical or sexual abuse of a child"?

I feel like if, if, the charging document is accurate, it must be something related to the female children that Nick couldn't do. Otherwise why would only Kayla catch it instead of both of them? Because Nick stays at home half the fucking time and works what, 21:00-3:00? He's not working a full 12hr graveyard shift.
Something like maybe the youngest couldn't/wouldn't take a shower and was old enough where her showering with dad would not be appropriate.

 

[talk talk talk]

I suspect that based upon the original report on the 16th, a Child Protective Services case was opened. Once the case was opened, a case worker attempted to contact Balldo and Our Wife via telephone to schedule an interview. During this time frame, CPS began conducting an investigation, which likely involved interviews with outside witnesses--likely people from the church and home school co-op. Maybe Aaron the Simp.

Balldo, being a fucking moron and asshole, blew off this informal request. But because he was enraged, he spent a week being an even bigger asshole, culminating in the Cokestream.

After Balldo and Our Wife blew off CPS for a week, and based on their preliminary investigation.CPS contacted the county attorney for law enforcement support. Law enforcement looked at the file transferred from CPS and made the call to get a search warrant.

Note: this was a search warrant, not an arrest warrant. They were looking for evidence, not people. It is likely that they deliberately chose a time when Balldo was out of the house to execute the warrant (implying they had been doing a little surveillance). Having him out of the house was likely to make it easier to get the evidence.

We don't know the probable cause for the warrant. And we also don't know--and this is something every one of these non-practicing Lawtube faggots have missed--what specifically the search warrant was for. A search warrant has to identify the papers and things to be seized. And we don't know--because we have not seen and likely will never see--the inventory of the papers and things taken.

 

[Sir Dank-a-Lot]

A few people on this thread are coming up with some totally retarded takes. Here ae some things to keep in mind:

1. The courts and state will ALWAYS try and keep a family together, even in neglect cases. Whether it’s parenting classes, a year of supervised visits, etc.

2. What you’re charged with and what you ultimately get convicted of are usually two different things.

3. Kayla didn’t “flip”. This isn’t “The Wire“ or some shit. They haven’t been tracking Rackets for years trying to make a collar. This was a CPS case that turned into a drug case. He’s not a fucking kingpin or something.

4. Rackets is likely not going to see much jail time. First time offender, decent background, etc. Look for mandatory rehab, probation, and perhaps a small amount of jail time, unless there are some surprises. We won’t know for a while, since we don’t have any facts, just speculation.

 

[AnOminous]

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.

Maybe I'm particularly lucky, but I was once in a chat room where it turned out something like over half of the people there were mandatory reporters and one of the participants admitted hitting up a 13 year old who was also on the channel (we did not know and would not have permitted her to be there).

That piece of shit was raided within hours.

 

[Apteryx Owenii]

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

What investigation? The poster I replied to said all they needed was the report, not an investigation. My point was that there needed to be more than just a report to justify a search warrant.

You should follow the conversation before replying.

This isn't about 'following the conversation,' these are terms that have legal meanings you are not using correctly.

"Exigent Circumstances" is not an excuse to conduct a search based on less evidence than PC. You need probable cause either way. There is no more or less requirement after 6 days- except that one would need to actually get that warrant (which they did)

And if you don't understand that, you probably don't have a good grip on what is required to establish that PC.

 

[AnOminous]

What investigation? The poster I replied to said all they needed was the report, not an investigation. My point was that there needed to be more than just a report to justify a search warrant.

You should follow the conversation before replying.

Are you an absolute fucking idiot? The person you're responding to was talking about exigent circumstances in which a warrant is not necessary, as well as the obvious fact that the cops who showed up to Nick's shithole of a house actually did have a warrant.

 

[repentance]

I suspect that based upon the original report on the 16th, a Child Protective Services case was opened. Once the case was opened, a case worker attempted to contact Balldo and Our Wife via telephone to schedule an interview. During this time frame, CPS began conducting an investigation, which likely involved interviews with outside witnesses--likely people from the church and home school co-op. Maybe Aaron the Simp

As the initial report was made to the police, would the police have been the ones who contacted CPS?

 

[talk talk talk]

As the initial report was made to the police, would the police have been the ones who contacted CPS?

That seems the most likely scenario. We don't know the contents of the report--just the identity of the reporter. But given the delay in getting a warrant (and a search warrant, not an arrest warrant), it seems to have been "important, but not an emergency" sort of report.

An additional possibility is that a CPS caller got hold of Balldo and he went full raging Cokestream Nick on the social worker who wanted to set up a meeting. Imagine a coked cup Balldo getting a call from a social worker wanting to talk about how he and Our Wife are taking care of the kids. I am leaning toward the belief that that call, which likely included a couple references to "Muh Second Amendment Rights" is the real basis for the search warrant.

Balldo's reaction to this, plus whatever weirdness was going on with Aaron the Simp, Our Wife, and the Corner Demon, probably was the fuel for the Cokestream.

This is all getting pretty speculative, though. We'll see over the coming weeks how much of a factual basis there is for any of this.

 

[Sheryl Nome]

I am almost certain that the probable cause for the search warrant is going to be damning. I would be shocked if it didn't include the livestream footage of him having COCAINE VISIBLE ON HIS SCHNOZ.

Also as much as everyone talks about CPS, its extremely unlikely that the kids get taken away by CPS, its really a last last last resort.

 

[Flaming_Barghast]

The "supervision appropriate to the child's age" part stands out to me. Once the nanny left, who was supervising the children the majority of the time, and what degree of supervision was happening?

Kayla's charges only diverged from Nick's after the police had been inside the house and observed the clutter and filth. Kids are certainly capable of helping to tidy up and loading and unloading a dishwasher but it reads like even that wasn't happening. If Kayla did nothing about the observable mess, what else did she ignore and how does that relate to "the continuing physical or sexual abuse of a child"?

Nick's charges have not been updated to include physical or sexual abuse, which seems a little odd if it's his behaviour Kayla is deemed to have knowingly permitted.

It isn't out of the ballpark that she molested one of the kids, it's rare but it happens.

 

[Sheryl Nome]

It isn't out of the ballpark that she molested one of the kids, it's rare but it happens.

thats not the allegation at the moment, the allegation is that she knowingly permitted physical or sexual abuse

that might just be allowing Nick to run wild tbh

 

[repentance]

An additional possibility is that a CPS caller got hold of Balldo and he went full raging Cokestream Nick on the social worker who wanted to set up a meeting. Imagine a coked cup Balldo getting a call from a social worker wanting to talk about how he and Our Wife are taking care of the kids. I am leaning toward the belief that that call, which likely included a couple references to "Muh Second Amendment Rights" is the real basis for the search warrant.

Social workers here won't go to a residence to investigate without the police if there are known or suspected to be weapons there.

No doubt we'll learn more details in time.

It does make me question what relationship the kids have with their grandparents, and especially how Kayla's parents could have been unaware their daughter was in a downward spiral.

 

[filthypenguin]

thats not the allegation at the moment, the allegation is that she knowingly permitted physical or sexual abuse

that might just be allowing Nick to run wild tbh

I think everyone has gone back and forth on this forever, but I don't see how that can be the case if they're not charging Nick with the abuse. It seems like either someone other than the three arrested adults is being alleged to have abused a kid physically or sexually and that she knew about it and Nick didn't, or her charge got fat fingered.