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

Will Nicholas Rekieta take the plea deal offered to him?


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This argument is weird to me. The rules appear to state that the time to make objections to accuracy is during the omnibus hearing. His objection, however was made well in advance, and touched on only briefly (on what was already submitted) in the hearing itself. By my read, Nick accidentally made the case for his objections being premature, and untimely filed. Am I reading this wrong, or did Nick's lawyer make a real oopsie daisy?
 
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So basically “nuh uh!” What a useful inclusion.

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Spicy.

Overall, I think they have some point about there being some ambiguity about what video Pomplun watched, but I really hope that doesn’t convince anyone because materially it’s retarded, hundreds of people watched it happen live on Nick’s own stream.
The fact that the fucking Prosecutor made it clear they were not fucking around and threatening Nick with candor yet he is continuing to double down is incredible to me
 
View attachment 6397574
So basically “nuh uh!” What a useful inclusion.

View attachment 6397590
Spicy.

Overall, I think they have some point about there being some ambiguity about what video Pomplun watched, but I really hope that doesn’t convince anyone because materially it’s retarded, hundreds of people watched it happen live on Nick’s own stream.
"The prosecution failed to address how guns being near a big ass pile of cocaine is justification for the guns being taken away"

Is he retarded?
 
As is obvious from the substance of Defendant’s Motion to Suppress and Dismiss,
I think we can say definitively now that Nick isn't ghostwriting these submissions - he made it VERY clear that it was NOT a motion to suppress.

Deputy Pomplun had a duty to inform Judge Fischer that he had watched a video with another creator’s imprint overlaid, and not Defendant’s actual video. Especially, as the existence of any alleged substance is questionable. Deputy Pomplun’s failure to do so, leaving Judge Fischer with the impression that he had watched Defendant’s unaltered video is a material misrepresentation.
Ok so they're no longer relying on "video taken off Nick's social media" as being a material lie, but instead that Pomplun done did a heckin misrepresentation by not saying he grabbed a copy of the video from another channel? That still seems pretty retarded to me but at least it's not the Nick style aggressive and intentional misinterpretation of language that the original claim was based on.

Deputy Pomplun had a duty to inform Judge Fischer that he was basing his affidavit on an altered video.
Oh nevermind they're back to the compression alteration argument.
 
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Interesting, the filing time remains after the judge's "taken under advisement" showed up in MCRO. I doubt that matters other than to confuse me.

> State v. Luciow, 240 N.W.2d 833, 835 (Minn.1976)
^ Sadly not State v. Lolcow, but pretty close.

Honestly, this reads like White intentionally wrote a poor brief to confuse the state, then went after any gotchas he could find. He could have been this clear the first time around, such as actually showing the watermark in his filing before. I don't like this guy.
 
View attachment 6397574
So basically “nuh uh!” What a useful inclusion.

View attachment 6397590
Spicy.

Overall, I think they have some point about there being some ambiguity about what video Pomplun watched, but I really hope that doesn’t convince anyone because materially it’s retarded, hundreds of people watched it happen live on Nick’s own stream.
The fact that the fucking Prosecutor made it clear they were not fucking around and threatening Nick with candor yet he is continuing to double down is incredible to me

Nick appears to be relying on things that could be resolved in pre-trial discovery. If the police lied about the provenance of evidence, it would seem that in America land, you get it excluded at that point. Then you win by default. It seems premature to cry found before all cards have been laid on the evidence table.

My non-legal understanding is that you all present your evidence before the trial starts in doscovery, and if something is funky, it gets contested amd tossed. The State wouls then be poised for trial with 0 evidence and be inclined to drop charges.

Nick's strategy seems to be accusing the other side of vague malpractice and securing exclusion of evidence that has not fully been described or disclosed.
 
Nick's briefs appear now online.
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They were filed on time:
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So: the cop LIED.


(And oh, the grammar, the histrionics, and the disingenuousness. So much garbage in so few pages. I'll give Frank White III of Frank White Law this: he managed to spin up a little puff of nose cotton candy out of absolutely nothing a short eighth.)

It's classic Nick, though, irritating af. It's just annoying enough to possibly get that hearing, though.
 
View attachment 6397590
Spicy.

Overall, I think they have some point about there being some ambiguity about what video Pomplun watched, but I really hope that doesn’t convince anyone because materially it’s retarded, hundreds of people watched it happen live on Nick’s own stream.
Insulting the police officer on made up bullshit probably isn't going to fly. In fact, it very well could make the prosecutor dig in. Its a small area so the prosecutor probably knows every single police officer in the area by name. They absolutely know a detective by name. If Nick pulled his head out of his ass, or maybe its his lawyer not realizing how much "small town' mentality kicks in here, this isn't like insulting a cop in a big city. These people know eachother, they have been to eachothers cook outs, they are as close to friends as you can get and still maintain a professional distance. If they even bother to do that.
 
Ok so they're no longer relying on "video taken off Nick's social media" as being a material lie, but instead that Pomplun done did a heckin misrepresentation by not saying he grabbed a copy of the video from another channel? That still seems pretty retarded to me but at least it's not the Nick style aggressive and intentional misinterpretation of language that the original claim was based on.
The reupload itself doesn't even have a watermark, YouTube lets creators overlay a channel's logo over their uploads automatically, but it's also something the viewer can turn off on their end. The video file itself technically doesn't have a watermark, and if that's the only qualification of it being changed, then it hasn't been and (shocker) Nick lied.
 
Nick's briefs appear now online.

To go beyond the four corners of the search warrant, the Defendant must establish a substantial preliminary showing that (1) the affidavit contains a false material statement; (2) the affiant made the false statement intentionally, or with reckless disregard for the truth; and (3) the false statement is necessary to support the finding of probable cause.
I can’t see Nick’s brief addressing any of those three points. He spent a lot of words arguing that the video might not be the original, but there’s hardly any argument about how it couldn’t be an accurate representation of the original for this "lie" to be material. The only argument I see that touches on point (2) is:
Deputy Pomplun had a duty to inform Judge Fischer that he was basing his affidavit on an altered video.
But again, is it really reckless disregard for the truth if the cop genuinely thought it was an accurate representation of the original stream?

I’m asking because I’m not sure (IANAL). Overall, Nick’s brief seems more organized than his motion, but I can still spot some issues. He really should clean up his briefs better before showing them to the public.
 
No, stalker law enforcement child, you did not see my nostrils caked with a large dusting of cocaine on my channel. Enjoy dismissal.

So the argument isn't that the footage is inaccurate, it's that came from a reuploader?

Can the state subpoena Google for the original clip and put this flimsy argument to bed?

Also, I'm not a burgerperson or lawyer, but the tone here does not seem very judicial. I can't imagine this going over well.
 
The reupload itself doesn't even have a watermark, YouTube lets creators overlay a channel's logo over their uploads automatically, but it's also something the viewer can turn off on their end. The video file itself technically doesn't have a watermark, and if that's the only qualification of it being changed, then it hasn't been and (shocker) Nick lied.
I can’t see Nick’s brief addressing any of those three points. He spent a lot of words arguing that the video might not be the original, but there’s hardly any argument about how it couldn’t be an accurate representation of the original for this "lie" to be material. The only argument I see that touches on point (2) is:

But again, is it really reckless disregard for the truth if the cop genuinely thought it was an accurate representation of the original stream?

I’m asking because I’m not sure (IANAL). Overall, Nick’s brief seems more organized than his motion, but I can still spot some issues. He really should clean up his briefs better before showing them to the public.

Reviewing the screenshots in Nick's motion response, it does appear that he is correct about the source channel for Pomplun's video. However, I still agree that it meets the level of 'probable cause'--even with the 'altered' video, and it is enough to bring Nick to the table to explain himself.

This is part of the reason that SWATting is possible: the police have enough good faith belief that terrible shit is going down that needs to be shut down NOW. You don't punish the police afterwards because they were operating off what 'good' information they had at the time. This will become a problem in future wirh deepfakes.

Nick has to prove that Pomplun had a good reason to think it was non-representative.

I believe Nick is trying to subtly link different elements of the case together in order to conflate that KCCHHS's investigation coming up short on evidence for child abuse with Pomplun being short on evidence for cocaine. He also attempts to transfer Aaron's animus for Nick to the clip channel, so they cannot be trusted.

Nick is trying to toss enough poo to smear minor elements of the warrant in an attempt to make the whole thing stink.
 
The reupload itself doesn't even have a watermark, YouTube lets creators overlay a channel's logo over their uploads automatically, but it's also something the viewer can turn off on their end. The video file itself technically doesn't have a watermark, and if that's the only qualification of it being changed, then it hasn't been and (shocker) Nick lied.
Follow up:

Nick's own videos have this feature enabled. Look at the circular logo in the bottom right corner:

Annotations on:
Screenshot_20240909-111221.png

Annotations off:
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Try it yourself:
Click the gear icon and toggle annotations.

In fact, I don't see a watermark on Cog's reupload. Maybe he turned the feature off, but, it just proves the video itself was not altered at all:
Screenshot_20240909-111917.png
 
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