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

Will Nicholas Rekieta take the plea deal offered to him?

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Chongqing said:
That was definitely my favorite part.

Maybe it's Ozempic!
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"Your honor, the 'track marks' are from my Ozempic use!"

Funny because Ozempic a: doesn't get injected like that and b: Ozempic and GLP-1 agonists have actually shown evidence of treating drug and alcohol addiction. It's still early in the research but it's working for a lot of people.
 
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It continues...
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Archive
Edit: Just realized this was posted on the main thread before I saw it. I'll keep it here bc it's (sort of) related to the case.
 
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Melty Butter said:
It continues...
View attachment 6689089
Archive
Edit: Just realized this was posted on the main thread before I saw it. I'll keep it here bc it's (sort of) related to the case.
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Aaron never mentions or references Kayla in todays STMS.
Nick is desperate and grasping for straws.

He will get felted today in court and tomorrow Montegraph will take his house.
 
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This filing by Kluver might actually be worse than anything White has written yet.

Drywall dust?
Scarface?
Aaron swatting Nick?

I'm just gonna presume all this crap is ghostwritten by Balldo at this point. I refuse to believe all the lawyers on the defense team are simultaneously this retarded.
 
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Captain Manning said:
This filing by Kluver might actually be worse than anything White has written yet.

Drywall dust?
Scarface?
Aaron swatting Nick?

I'm just gonna presume all this crap is ghostwritten by Balldo at this point. I refuse to believe all the lawyers on the defense team are simultaneously this retarded.
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Kluver is a Big Stone County Attorney.
She ran for office in 2022 and was elected.

It is absolutely beyond me why she would put her name under this document.
 
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I've always thought that the indicia of reliability/unnamed sources stuff was the best way to attack the warrant. Not that it was likely to work, but it was the best option. I actually kind of think that it does need a little more about why their is an indicia of reliability about these unnamed reports. The pastor may be enough on his own though, and the fact that he is the family's pastor who sees them regularly is an indicia of reliability.
 
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Useful_Mistake said:
I'm generally not very impressed with this filing even if I ignore the things seized in the search for the benefit of entertaining the argument. The lawyer had almost a month to come up with something, but this seems like it took at most an hour to shit out.
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It's definitely better than Nick's. That isn't a high bar to clear.

How, you may ask? It actually addresses the issue of probable cause. The Barneswalker didn't get within a statute mile of doing that.

I don't think it knocks out probable cause, even though it does correctly point out that the probable cause is based largely on circumstantial evidence (which is allowed at that stage but certainly weaker than "confidential informant sold him cocaine"). I think it would be WEIRD and FUNNAY if she actually won on it just to see Nick explode because the Barneswalker completely incompetently failed to make the winning argument.

I'm not really seeing that happen but I do think it might get her a better plea.

The one utterly retarded argument is the inflammatory, irrelevant and scandalous accusation of Aaron, who almost certainly had absolutely nothing to do with the swatting and only a dumbfuck would even make it. I'd assume that part is Nick's doing because of how absolutely insane and retarded it is.
 
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Gobermental Supervisor said:
The filing is online.

pdf attached, here are the pages as png.

View attachment 6688698View attachment 6688700View attachment 6688701View attachment 6688702View attachment 6688704View attachment 6688705View attachment 6688706View attachment 6688707
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Tl; dr: Nick was only pretending to be retarded. It was a Werk! Plus a bunch of other unevidenced assertions.

Mme Kluver undermines her own arguments and fails to support most of them. Initial observations
  • The memorandum cites Wiley for the correct notion that judges must make "practical, commonsense" assessments based on the affidavit, then proceeds to upend Ockam with weird speculation such as that the powder could have been sheetrock dust (bc he was kissing walls, so it only got just under/on his nose?)
  • Then the sideways and unsupported assertions about meds and insomnia: Where's Nick's insomnia diagnosis? Evidence that Kayla, Nick, and April were in fact taking weight-loss medicine ("there's such a thing as weight loss meds" ain't it)?
  • Spins shit out of thin air: Offers nothing supporting that Pomplun's training was insufficient. Nothing supporting that there are specific qualifications for assessing filmed behavior.
  • Misstates the law - she says that affidavit must include "all" evidence, followed by quoting a case that says "some."
  • The law in MN (and everywhere) is that even doubtful showings of pc should be decided in favor of issuing the order.
  • Also of note: per the MN Supreme Court, "direct observation of evidence of a crime at the place to be searched is not required. A nexus may be inferred from the totality of the circumstances…. (State v. Yarbrough, 841 N.W.2d 619 (Minn. 2014).
  • Moreover, despite her implication in the last section that an affidavit must show someone alleged the presence of contraband at the premises to be searched, in Yarborough, the Court specifically stated that the standard for a nexus is a "direct connection," which may be established by inference.
  • Last, and perhaps worst:
    • Comma splice.
    • A random "1 1" in the middle of nowhere. 6.
 
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Useful_Mistake said:
I'm generally not very impressed with this filing even if I ignore the things seized in the search for the benefit of entertaining the argument. The lawyer had almost a month to come up with something, but this seems like it took at most an hour to shit out.
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It came from Nick's anus.

Bet on it.
 
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Along the lines of IANAL, what should she have done to represent Kayla better?

Nick was able to wrangle Kluver and Kayla into the search warrant argument - that's obvious. But it's kind of what they must do, right? Kayla is attached to Nick's case in every conceivable way. It's always been a Hail Mary but why not give it a go, right?

Spitballing, I guess Kluver/Kayla could have thrown Nick or April under the bus - they bought the drugs, she had no knowledge, or something... but that's part of a trial.

I guess the answer is that she should have just pleaded out before being a pain in the ass....?
 
Melty Butter said:
Along the lines of IANAL, what should she have done to represent Kayla better?
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She needed to establish credibility with the judge and distance herself & her client from the nonsense in Nick's filings. As has been pointed out, some of the arguments are better and more to the point than the Barneswalker's were. They are not likely winning arguments, but they at least seem more normal. Normal arguments may not win, but they are better than leaving an impression with the judge that you are retarded. Or even worse create doubt as to who is actually writing the motions.

The mistakes she made were in putting the same style of nonsense that was in the Barneswalker's motion for Nick into this motion. The worst being her decision to continue all the failed stuff about Aaron that went nowhere in Nick's motion and double down on it with an unsupported accusation of SWATing against Aaron.

As with the previous motion, there is also someone clearly involved with "legal ideas" but far too busy to include the normal expected sorts of supporting material for those ideas. There is also someone who seems to have a special skill in looking up cases and getting the details of those case wrong in the motions.

There are some judges that would look at the barneswalker's motion, the appeal lunacy and this motion....and just say enough is enough. Making it clear IN PARTICULAR to the attorneys involved to stop this retarded nonsense now. It would probably make no difference to the Barneswalker, but the other attorney is more local to the area and should see the lack of an upside of being associated with this lunacy.
 
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