Nicholas Robert Rekieta / Rekieta "Law" / Actually Criminal / @NickRekieta - Polysubstance enthusiast, "Lawtuber" turned Dabbleverse streamer, swinger, "whitebread ass nigga", snuffs animals for fun, visits 🇯🇲 BBC resorts. Legally a cuckold who lost his license to practice law. Wife's bod worth $50. The normies even know.

[chroot]

It says in here that the video will only be used conditionally because her statements are hearsay. It seems like someone (Barnes? The Farms?) was saying that she was Mirandized, asked for a lawyer, then Pomplum continued to ask questions even after he was told she asked for a lawyer. Does anyone have legal documents alleging this or know who was the first to bring this up? Am I remembering something wrong? Looking pretty bad for Nick.

That was part of Nick's motion last week.
Page 15 and 16 in the PDF here

DEFENDANT’S NOTICE OF MOTION AND MOTION TO VOID WARRANT, SUPPRESS EVIDENCE, AND DISMISS CHARGES FOR LACK OF PROBABLE CAUSE

They mention the potential Miranda issues but Nick can't do anything about that, April would have to do that herself.
So they were only asking for her statements to be excluded as hearsay unless April testifies and is able to be cross-examined.

Looks like in the omnibus they tried getting all of the bodycam footage tossed but the prosecutor didn't agree to that and the judge left it to be decided later down the line once/if it goes to trial.

 

[Major]

I don't see how April's charges can be dismissed seeing as the cocaine was found on her credit cards with her name on them and she confessed on the bodycam footage (that we suspect). Should be enough to convict on its own

 

[August Levasseur]

I don't see how April's charges can be dismissed seeing as the cocaine was found on her credit cards with her name on them and she confessed on the bodycam footage (that we suspect). Should be enough to convict on its own

The confession may have been obtained in violation of the 5th amendment, and thus it may be legally useless.

 

[AltisticRight]

RNG stands for retard nigger gambit, ie every gay motion filed by that barneswalker.

 

[Canard]

Whole April filing seems to me something that every lawyer would file for sake of filing it. It is just basic step in any criminal proceeding. And it does not even seem that egregious. It is what court and prosecutor expects. Actually probably worse if nothing was not filed at all.

 

[Major]

The confession may have been obtained in violation of the 5th amendment, and thus it may be legally useless.

she said it on camera so it's official record. Plus the material evidence should be enough on its own

 

[TurdThrower]

Of course, it was not a joke at all, but rather something Ethan literally did do a few years beforehand, and he seethed progressively harder and harder for a few minutes and then totally exploded and had one of the biggest meltdowns of his entire career, drunkenly screaming at Chrissie for about an hour.

I’m not a fan of Chrissie but it is funny how she’s a lightning rod for cows blowing up on her.

 

[John Andrews Stan]

Chrissie's biggest issue is being a ginger.

False. Her biggest issue is her big-ass gum tissue.



The asymmetrical eyes don’t help. Both problems can be addressed with Botox.

(Chrissie, if you’re reading this, it could be worse: You’re not balding busted skank April Imholte.)

 

[HarblMcDavid]

And you specifically need your own credit card for that?

I dunno. It's just seem fucking weird and funny stupid to me.

Imagine this:
Normally you'd use a razor blade, but for reasons attested to by the lab results, you need a child-safe razor blade substitute, and you happen to have one of those metal credit cards...
I'd argue this is nick being a responsible parent with his coke paraphernalia choices.

 

[Paul Revere Pantry Raider]

And you specifically need your own credit card for that?

That depends on what you define"evidence" as.

 

[August Levasseur]

she said it on camera so it's official record. Plus the material evidence should be enough on its own

In the United States, if evidence against a person, even damning evidence such as a confession, is obtained in violation of that person's rights, such as 5th or 6th amendment rights to remain silent and to have an attorney, then that evidence cannot be used at trial and is rendered completely useless to the prosecution. Under US law, if a person in custody requests a lawyer, any questioning of that person by police must immediately cease until that person has been able to speak to an attorney. Failure to stop questioning constitutes a violation of the 6th amendment, and thus renders any information obtained as a result of that questioning unusable by police at trial.

The material evidence is so-so. Yeah, the credit card with blow on it is extremely suspicious, but you could argue that maybe one of the Rekieta's used it rather than her. Remember, she's charged with possession, not just using drugs. I'm not familiar with all of the technicalities of prosecuting someone in a position like this, but if she was not actually a resident of the house at the time when the drugs were being used, charging her may prove quite difficult.

This motion will almost certainly fail, the witness testimony from Aaron alone should be more than enough to charge her, but they just might knock out whatever she said on camera. It may still be relevant in the Rekieta's cases, but that has its own issues and technicalities.

 

[Sargon_poster]

I was watching a Audentum video and this take by old Nick made me really internalize it.
There is no Nick anymore... Only Baldo.

 

[Third World Aristocrat]

I have to say, catching up on this thread is certainly interesting at times.

It went from a lot of discussion about some OnlyFans nudes to pages and pages of an intense debate about belts and suspenders. A very unique reading experience, to say the least.

 

[LiquidKid]

I don't see how April's charges can be dismissed seeing as the cocaine was found on her credit cards with her name on them and she confessed on the bodycam footage (that we suspect). Should be enough to convict on its own

The confession may have been obtained in violation of the 5th amendment, and thus it may be legally useless.

If you read the transcript, that’s not what happened.

Spoiler: Transcript about April

White: The third issue that I ray -- that I -- that I raised evolves -- involves Ms. April Imholte's statement to the officers after she had been
Mirandized. There's been a lot of confusion about this.

Judge: I'm going to stop you there. That third issue though, isn't that more so a motion in limine that would be reserved if the matter did get set for trial? I'm not sure if it's proper for me at an omnibus stage to really, you know, discuss admissibility since it's not a constitutional or a legal issue. It seems like more a motion in limine is what you're suggesting on that last issue.

White: You're at -- I -- that was my initial thought, Your Honor. But the case that I cited, Sutter, seemed to -- ended up with the issue being harmless error because, and again, this is something that I'm drawing from -- from my research, and it doesn't state it explicitly because it wasn't raised early enough. So belt and suspenders, Your Honor, I wanted to make sure that it -- that it was raised as early as possible. And the state has conceded, and I'm -- I'm -- I'm sure Ms. Pierce will -- will tell you, that they will not use the body cam footage that I'm asking the Court to preclude unless Ms. April Im -- Imholte testifies.

Judge: Okay

White: Thank you Your Honor

Judge: All right. So summing up your first issue then essentially you're asking for a Franks evidentiary hearing and you're -- you mention -- you mentioned some items that you placed in the MNDES -- just one moment as I refer to those. That was -- well, do you want to detail what your exhibits are? It looks like you have some video recordings, a document image, a letter from family services, the application for a search warrant, and another video; does that sound correct?

• more discussion happens

Judge: All right. The Court will take the matter under advisement as of September 6 and issue an order. Typically an order will be provided within 30 days of that date. Was there anything else here today.

White: No, Your Honor, except for Ms. Pierce saying on the record that she did agree that that -- that the third element would be -- that she had agreed that that there would be no use of the body cam footage unless Ms. April Imholte testifies.

Judge: Ms. Pierce.

Pierce: I agreed that there would be -- I cannot use April's statements unless she testifies because they're hearsay and I would not show her statement on body camera. I'm not agreeing that I would not use any of the body camera.

Judge: All right. All right, well, nevertheless, those items are motions in limine. You've noticed it. It's an issue if the matter does go to trial. And if there's any further contest of that, we can certainly discuss that further as well, okay.

The key here is that at no point did the judge make an order that April’s statements can’t be used, nor did anyone claim April’s rights were violated. That was Rekieta’s cope mixed with the Kiwi reporters having bad notes. the transcript shows that the judge didn’t want to make a statement on it if and until the case goes to trial, and the prosecution made it clear that they agreed to not use the statements unless April testifies because they’re hearsay.

The thing about hearsay is that the way you make it not hearsay is for the person to testify. April is not being charged as a co-conspirator with Nick and Kayla, so her statements count as hearsay. That is quite literally the only reason the prosecution isn’t considering using her statements.
Anyone saying anything else didn’t read the statement

 

[ThePhoenix]

I have to say, catching up on this thread is certainly interesting at times.

It went from a lot of discussion about some OnlyFans nudes to pages and pages of an intense debate about belts and suspenders. A very unique reading experience, to say the least.

The photos of Chrissie are blatantly fake, and a 5 second look at her socials shows the unedited originals. I'm bemused as fuck at anyone looking at those and going 'yep those are real'.

As for her at FNT, she'll be out. The viewers really don't like her as she's a) not funny and b) knows fuck all about the topics. She'll be booted just as Nina Infinity was and just as the HeelvsBabyface twat just has been.

I await Nick killing himself and Imholt getting arrested, both due this week.

 

[daniel day]

So, no 5k locals gift?

 

[Swole McPole]

Logically I would assume it means overdoing something

Belt and braces is a common British idiom not limited to lawyers at all. The point that's generally being conveyed is that somebody is taking any extra steps necessary to ensure a particular outcome. Things like redundancy or overdoing aren't generally implied by the term. If anything, it might suggest an overabundance of caution, but generally it just means doing whatever it takes to achieve your goal.

 

[Kipersonapiscesotter]

I doubt the April video words matter regardless. Ultimately cocaine was found in his bedroom. I would guess Nick is going to try and claim it wasn't his cocaine and I suppose April said something that says it was.

However, it was out in the open, in his bathroom, bedroom, etc. That's not a "constructive possession" argument he is going to win. Even if Kayla somehow says it was all hers and Nick knew nothing about it, I doubt the prosecutor will go along with it.

I'd expect Nick to take the plea deal after the Judge rejects the motion to throw out the warrant. Taking this to trial is just insanity. It's an open and shut possession case. Why pay a lawyer to defend it when he is likely going to be offered probation and a clear record if he completes it?

If he takes it to trial and defends to the end, he might actually end up with jail time.

He can't be that deluded, can he?

 

[John Andrews Stan]

The key here is that at no point did the judge make an order that April’s statements can’t be used, nor did anyone claim April’s rights were violated. That was Rekieta’s cope mixed with the Kiwi reporters having bad notes.

Yeah, people were bizarrely taking Nick’s assertions as fact on this point. When I asked for people who’d actually been there to confirm whether the judge had rendered any decision on this, people who weren’t there responded to say what they thought was likely to happen. Nick is wrong about a lot, but not about how imprecise a lot of people are with the facts around here. It’s not unique to KF, but in a case like Balldo’s where every innocent mistake is portrayed as the result of a sloppy vendetta, it would be less damaging for people to exercise some caution and strive for clarity.

 

[MrReeShopper]

Most people here saw that stream in real time and all of us immediately concluded he was obviously on cocaine.

It's lawyer talk. It means using redundant means of doing something. Both a belt and suspenders keep your pants from falling down, but if you're serious about that not happening, you use both. I'm pretty sure even I've used that exact expression, maybe even on this thread.

I mean seriously, question the dude for retarded shit he's done, but criticizing a lawyer for using lawyer talk is kind of ridiculous.

I'm not aware of any legal-specific context for "belt and suspenders/braces". It is, or at least was, a not too uncommon idiom for redundancy. I'd expect to hear this from an engineer as much as anyone else.

Perhaps it's gone the way of sayings like "all mouth and no trousers", or correctly using the contraction of "have" instead of "of" to indicate you're not a complete niggerlicious moron. Many such counterexamples in this thread. Sad.