Red Herring Alert

There's something fishy going on!

19 YEAR-OLD SUES FOR DEPRIVATION OF CIVIL RIGHTS

FOR IMMEDIATE RELEASE

Minnesota Nineteen-Year-Old sues her Father, Hennepin and Carver Counties, along with Social Workers, Guardians at litem, and lawyers for an excess of $240 Million for Deprivation of Civil Rights

03/17/2017 Minneapolis, MN, US

Annelise Rice, a hockey player at UND and graduate of Minnetonka High School, filed a lawsuit on March 17, 2017, in Minnesota federal court seeking damages for deprivation of civil rights by tortuous intervention in a mother-child relationship and deprivation of rights under color of the law (Civil Action No. 17-cv-796 ADM/HB).

Annelise’s father, Brent Rice, branch manager of Merrill Lynch Wayzata, is a defendant on the lawsuit. Employees of Hennepin County (Michael Borowiak, Jolene Lukanen, Michael Garelick, Richard Witucki, Judith Hoy, Jean Peterson) and Carver County (Nicole Mercil, Bethany Koch, Sarah Kulesa, Brenda K. Dehmer, Carole Cole), and Brent Rice’s lawyer, Cory D. Gilmer, are also listed among the eighteen defendants. The defendants include court-appointed Guardians at litem, Social Workers, and lawyers who were involved in the custody evaluation and CHIPS (Child in Need of Protection or Services) proceedings for Annelise Rice. The proceedings began in Hennepin County and were moved to Carver County when the family moved.

Judges, lawyers, and social workers no longer have absolute immunity and can be held responsible for their actions that deprive Constitutional rights, even if they are acting in an official role.

This case is highly unusual due to the large amount of defendants involved. The defendants conspired to deny Annelise access to the courts and intentionally inflicted emotional distress on Annelise while she was still a minor. Defendants knowingly interfered with Annelise’s constitutional right to a relationship with her mother and four siblings, causing inordinate stress and difficulty.

Annelise asks the court for relief in an amount great enough to deter defendants and others in similar positions from engaging in this egregious misconduct in the future.There have been many cases of negligence by social services that have put young lives at risk. Social workers, Guardians at litem, lawyers, and judges need to be held accountable to prevent further neglect, abuse, and deaths of children in protective care. This lawsuit could potentially turn into a class action suit, because of the amount of families that have been mistreated in this way.

Contact:
Annelise Rice
More.moxie@me.com
612-991-1150


Read More About this Case:

Minnesota Appellate Court overturns mom’s conviction for ‘deprivation of parental rights’

Government Based Racketeering

Congressional Testimony: Dr. Sheila Mannix to Bill Windsor of Lawless America in Chicago, Illinois

Credit Copyright: http://www.lawlessamerica.com/

WHY DO WE NOT HAVE A MN FAMILY COURT ACCOUNTABILITY ADVOCATE?

IZZI commented on Funding Fraud in the Courts

THE CAUSE AND EFFECT OF THIS TROUBLING TREND IS DEVASTATING RESULTS TO THE FAMILY STRUCTURE! THE DANGER LAYS IN THE BELIEF THAT “GREATER GOOD” IS MORE EFFECTIVE THAN THE “COMMON GOOD.” DECEPTION OF THE MIND WILL LEAD THESE SOCIOPATHS AT THE BREAKFAST TABLE TO “COGNITIVE DISSONANCE.” LEON FESTINGER ((1919-1989)) PROPOSED–MENTAL CONFLICT THAT OCCURS WHEN BELIEFS OR ASSUMPTIONS ARE CONTRADICTED BY NEW INFORMATION. THAN FOLLOWS: “‘Mandeville’s paradox is named after Bernard Mandeville, who posits that actions which may be qualified as vicious with regard to individuals have benefits for society as a whole. This is alluded to in the subtitle of his most famous work, The Fable of The Bees: ‘Private Vices, Public Benefits’. He states that “Fraud, Luxury, and Pride must live; Whilst we the Benefits receive.”) (The Fable of the Bees, ‘The Moral’).

The philosopher and economist Adam Smith opposes this (although he defends a moderated version of this line of thought in his theory of the invisible hand), since Mandeville fails, in his opinion, to distinguish between vice and virtue (The Theory of Moral Sentiments, Part VII, Section II, Chapter 4 (‘Of licentious systems’)).”‘ USING THE PLAIN MEANING RULE; ONE SEES HOW THE PARADOX TO THE FRAUD IN ACTION IS ‘WHAT IS VICIOUSNESS TO A FEW IN SOCIETY? WHEN THE GREATER GOOD IS AT STAKE! One needs to ask is this really acceptable when it starts affecting the very core of our State Constitutional and our Federal Constitutional Rights? THE COURTS WANT MORE FUNDING FOR OFFICIALS OF THE COURT; HOWEVER, WE ARE PAYING FOR THEM TO BE “PUPPETS ON A STRING” TETHER TO THE BELIEF THAT THEY ARE RIGHT AND WE ARE WRONG! **WHY DO WE NOT HAVE A Minnesota Family Court Accountability Advocate?


There have been a multitude of Family Court Accountability Advocates in MN. Below are a compilation of actions that have been made by various advocates in the state of Minnesota.
DON MASHAK’S HENNEPIN COUNTY MN FREE PRESS NEWS

Excerpts: Every year since 2005, the Judicial TAR (Transparency, Accountability and Reform) Movement in Minnesota has asked for a hearing before the Minnesota House and Senate Judiciary Committees. The purpose of these hearing being to have these committees receive evidence and testimony of systemic corruption in the Minnesota Judiciary. Each year we have been denied said hearing. Additionally, the Government has engaged in unlawful and unconstitutional retaliation against the leaders of this movement causing some to move out of the state and at least one to move out of the country to escape the retaliation. Requests for such hearings at the Federal level have also been rebuffed. Clearly, WE THE PEOPLE have exhausted our peaceful remedies on this matter. Continue Reading: https://donmashakshennepincountymnfreepressnews.wordpress.com/2016/06/11/a-suggestion-to-dejected-bernie-sanders-followers/

In 2011, an informational only hearing for judicial reform was held at the Minnesota State Capitol.

Thursday, November 17, 2011
Committee on Judiciary and Public Safety
Chair: Sen. Warren Limmer
09:00 AM    Room 15 Capitol
Judicial Reform Informational Hearing

Video: http://www.senate.mn/media/media_video_popup.php?year=2011&flv=cmte_jud_111711.flv?usehostname

Excerpts regarding the Judicial Reform Hearing below are from the blog Carver County Corruption. The Carver County Corruption Blog was taken down due to threats of civil litigation. Facing potential civil litigation in XXXXX case, owner deletes blog     

Judge considering motion to shut down blog postings (Click to view)

Lion News Raises the Following Allegations Against Michael Brodkorb

Excerpts regarding the Judicial Reform Informational Hearing: “The audience was large, it included numerous family members, parents and other public devastated by the corruption in our judicial system of Minnesota. The behavior of the judges present who attended from the Minnesota District Judges Association (MDJA) was not received well by those in the room. These judges sat out of the way of the video camera, yet the public sitting close to them witnessed haughty and arrogant behavior about numerous issues brought up during the hearing. When the mention of the `bribes` allowed for judges in Minnesota came up these two judges laughed, smirked and shook their heads. Their arrogance was insulting to the family members and those in the room that have had their children, families and entire lives ruined as a result of this very law. This law has devastated the state of MN more than the public is aware. For grown men who represent the judicial system of Minnesota at the State Capitol and behave this way during a hearing regarding such important issues in our courts today lacks professionalism, class and sensitivity.

During the hearing one of these judges from the MDJA sat front and center answering questions and defending the judicial system and the laws in place causing such horror in our courts. This particular judge was defending the `incumbent` mention on voter ballots. He defended this issue by stating the public needs to know who is currently holding seat as judge – and that is known to the public by the incumbent mention on the ballots. He also stated that the public can be made aware of a judge with a bad reputation – and by the incumbent being on the ballots – the public can know to not vote for that particular judge.

A Minnesota senator replied the obvious, `I will bring up a case in Carver County… a recent case…` The senator spoke of the case where a citizen in Carver County is being charged for a blog outing a particular judge`s behavior.  The senator mentioned that it seems a judge will simply order his behavior to be removed from public view and charge money for it if it is not, so this argument presented today is not really the case, is it?

In response to the mention of the outrageous order from Carver County this judge replied, `I find that hard to believe`

About 5 minutes after this `unbelieving` judge got off the hot seat a gentleman nicely handed him the order signed by judge Richard Perkins from Carver County charging money for a blog. This unbelieving judge`s face flushed beet red. This same court order from Carver County removes legal and sole custody of small children from a loving mother – no law or reason supporting any ruling on the order.

Another one of Minnesota`s terrific senators stated during this hearing, `I respect the people more than I do our judicial system` This was a reality check as to why we were gathering: for the people. Not protection of a judicial system which is currently embarrassing the state of Minnesota.”


Twin Cities News Talk

Because Minnesota deserves the truth.  Posted Saturday, March 31st 2012

Radio Talk Show Host, Sue Jeffers, Minneapolis, MN – News Talk/AM 1130

Guests: Tim Kinley and Lea Banken On Air this Saturday, March 31st @ 1 pm, Judicial Accountability/Judicial Reform  

SueJeffers033112_1P_FamilyLaw ←(Click to listen)

Further Historical Information on Minnesota Courts

Posted on September 6, 2012  Carver County Corruption

The Grim Truth About MN Chief Justice Lorie Skjerven Gildea

VOTE DAN GRIFFITH FOR MN SUPREME COURT

Chief Justice Lorie Skjerven Gildea is up for re-election this November 6th in Minnesota. Lorie Gildea received Banken mother’s Writ of Prohibition (an emergency appeal) last August 2011. Gildea signed the paper denying Lea`s emergency appeal stating Lea had a remedy; a regular appeal that would take up to a year and thousands of dollars, of which time Lea would have no contact with her three young children. Lea filed her regular appeal and it has now been over a year since she has seen her children ages 2, 6 and 8. Lea`s case is still in appeal, no decision has been made.

Since this post was made, the Court of Appeals affirmed in part and reversed in part.  STATE OF MINNESOTA IN COURT OF APPEALS A11-2156-A12-0771 https://mn.gov/law-library-stat/archive/ctapun/1302/opa112156-021113.pdf

Carver County`s Senator Juliane Ortman sent a letter to Chief Justice Lorie Gildea asking for an immediate investigation into Carver County Family Court practices back in April 2012.

(Click on documents to zoom)

Chief Justice Lorie Gildea

Senator Ortman has been approached for years by citizens in Carver County about numerous family court horror stories where mothers lose custody of their children to wealthy ex-spouses with a history of abuse convictions. It is a pattern in this county no one can deny. Senator Ortman and Lea Dannewitz (previously known as Lea Banken) were interviewed by KARE 11 after the Ortman letter went out. Lorie Gildea got wind of the coverage by KARE 11 and sent a letter back to Senator Ortman immediately stating a full refusal to conduct an investigation. KARE 11 stopped the airing of the investigation for reasons unknown. 

Lorie Gildea (incumbent) is up for re-election this November 6th. Gildea was appointed into office, not elected. Gildea is not a mother herself and is fully aware of the corruption in Minnesota`s judicial system. Gildea has allowed this corruption to continue. As a result hundreds of Minnesota parents, children and citizens suffer daily.

Every ballot in Minnesota this November will have a judicial section. Lorie Gildea`s opponent is Dan Griffith. Dan Griffith`s quest is to bring accountability back to the judicial system and ensure judges abide by laws and statutes that are enacted by the legislature and approved by the Governor. Currently, judges do not have to abide by the law – there is no remedy to hold them accountable.We have many readers contacting us and asking what they can do to help. Answer: get out to vote this November 6th. Vote Dan Griffith for Minnesota Supreme Court Justice and help us bring change to a very broken court system in Minnesota.

Results from the 2012 Election: →Supreme Court


 

 

Group continues cause against alleged judicial corruption (Click to view)


Civil Rights Case Against Judge David Knutson

Published on Jan 17, 2014

2014/01/16 A U.S. Federal Court Hearing took place on Friday, January 10, 2013, at 2:00 PM on whether Judges sued individually are immune, even if they violate the civil rights of family members, by “temporarily” depriving them of their rights to their own children. Tim Kinley held a press conference in front of the court building before and after the court proceedings. Tim discussed the case and the interviews on this show.


Excerpt from letter that was distributed to the MN legislators and representatives in June 2013. 

Judicial misconduct has run rampant in the state of MN. There have been countless letters of concern, meeting with legislators, hearings on judicial accountability and other areas of concern. We have visited over 40 state legislators, including a visit to the Washington D.C. State Capitol. We have been interviewed for media coverage, and have exposed this corruption that is devastating the lives of people across this United States.

We have attempted in numerous ways, yet we have been ignored. Complaints to the Board of Judicial Standards, Professional Lawyers Board and other state offices have been notified of complaints.  Emails and documents show the lack of motivation to expose a well-known epidemic, yet everyone aware on the state level is CHOOSING NOT to act. One excuse after another has been presented to us, lawyers, judges AND legislators do not want to expose this, for obvious reasons.

We look to the area legislators and representatives as our voice to be heard. However, instead we are being ignored. WE NEED TO BE HEARD, children have been wrongly taken from their parents, families have been tormented by the court system, we have been impoverished, forced out of our homes, financially devastated and yet have once again been ignored. We take a stand for this to be exposed and acted on..


As you can see, there have been a lot of reform advocates in the state of MN. If we want to stop the corruption, we need to stop the systems that allow for money-laundering through federal grants and we need to pursue indictments of corrupt public officials!

Top 5 HHS Programs Endangering Women and Children
Healthy Marriage~Responsible Fatherhood & Faith~Based Grants . . . We Know What the Game Is!

Funding Fraud in the Courts

Image result for mn state flagThe MN state court system is once again begging for more funding. The judicial branch is seeking a $51.4 million increase over its current funding levels. The bulk of the request ($42 million) would pay salary and benefits for judges and staff.

Chief Justice Gildea stated that “Public safety is jeopardized when we do not have a fully-funded, functioning judiciary.”  No, I think public safety is jeopardized anytime anyone sets foot in a courtroom! Throwing money at a corrupt institution just creates more corruption.

In 2008, a report was written by a committee of judges to show how the judicial branch costs could be reduced by $50 million or more annually-while also increasing judicial efficiency. There were 51 recommended reforms however, few are being implemented.

Minnesota Courts Waste Tens of Millions of Dollars Every Year

Chief Justice Lorie Skjerven Gildea MNCCOURTS.GOV

 

MPR News Reporting on state politics and government

Chief Justice makes funding plea for MN courts

Tim PugmireTim Pugmire April 20, 2017

The chief justice of the Minnesota Supreme Court is urging state lawmakers to provide adequate funding for the state court system.

Chief Justice Lorie Gildea testified Thursday during a conference committee hearing, where House and Senate negotiators were working out the differences between their budget bills for judiciary and public safety. She said it was a rare appearance by a chief justice in such a gathering.

Gildea, who is the administrative head of the judicial branch, reminded committee members that the courts are a vital part of the government’s basic functions.

“The judiciary is not a mere state agency,” Gildea said. “The judiciary is a branch of government and it deserves to be funded as such.”

The judicial branch is seeking a $51.4 million increase over its current funding levels. The bulk of the request ($42 million) would pay salary and benefits for judges and staff.

DFL Gov. Mark Dayton included the full amount in his budget proposal. The House and Senate bills provided only partial increases.

Gildea said the judicial branch made a “modest, targeted” request that is needed to process cases in a timely manner and ensure access to justice.

“Public safety is jeopardized when we do not have a fully-funded, functioning judiciary,” she said.

Funding for the courts also came up earlier in the day during a private meeting that included Dayton, House Speaker Kurt Daudt and Senate Majority Leader Paul Gazelka.

Dayton told reporters that he stressed the importance of funding the chief justice’s full request. He said he hears about the growing demands on the court system every time he interviews candidates for judicial vacancies.

“Every one of them talks about the increased case load in their particular judicial district,” Dayton said.

Daudt, R-Zimmerman, said he appreciates and respects the judicial branch. But Daudt also stressed that he’s trying to keep spending in check.

“We have to decide how to take those resources and spread them across all of state government,” Daudt said. “We have to make decisions and sometimes you have to prioritize. Sometimes it means that people get 75 percent of their request, not 100 percent.”

Gazleka, R-Nisswa, said he was trying to schedule a meeting with Gildea to listen to her concerns.


Instead of granting the chief justice’s request, we need to keep the pressure on to initiate an investigation of criminal acts, due process violations and corruption among judges and legislators in Minnesota.

Read how other states developed teams to crack down on public corruption.

Federal Funding Fraud Underlying the ‘Cottage Industries’

Excerpts Below:

Dr. Sheila Mannix is the Co-Founder of Illinois Family Court Accountability Advocates (IFCAA). She states, “After working these past six years to help stop the apparent State-court based crimes which literally exploit the nation’s children as “commodities” in judicial system “profit centers,” I’ve found that an essential factor is differentiating between, on the one hand, the behaviors of traumatized parents being forced to watch their children irreparably harmed while being retaliated against, defamed, and impoverished and, on the other hand, the irrefutable sociopathic behaviors observed in public officials who have fiduciary obligations to stop that which they are participating in and enabling. I believe Mr. Fitzgerald summed it up best on June 27, 2011 after the solid conviction of ex-governor Blagojevich on 17 counts of federal crimes; he said, “There is legitimate politics. There are gray areas. Selling a Senate seat, shaking down a children’s hospital and squeezing a person to give money before you sign a bill that benefits them is not a gray area. It’s a crime.” Likewise, the evidence indicates that what is going on in the venue provided by the nation’s State courts in which private assets and federal funds can be unlawfully accessed are not “legitimate judicial proceedings” but crime, specifically, apparent violations of Federal funding laws and other Federal civil and criminal laws including alleged racketeering activity among public officials and State court actors.”

In addition to helping provide evidence to state and federal authorities in pursuit of indictments of allegedly corrupt public officials including Mormon judges, Mannix has networked with Virginia citizens as well as Utah citizens, the latter of which have specifically called upon their Mormon GOP state legislators to launch an independent forensic audit of all Federal taxpayers’ dollars coming into the State’s family court-related programs.

“No one will be able to balance any government budget until the public corruption involving hundreds of billions of the nation’s taxpayers’ hard-earned income, which, in part, is literally being using to perpetrate that which the U.S. Congress voted it is to prevent, specifically, child and elder abuse, domestic violence, parental deprivation, and child support avoidance, is stopped once and for all by more criminal investigations, forensic audits, and tough new laws which result in the loss of pensions in entirety and deterrent-based, long-term prison sentences for involved officials acting in positions of public trust. Onward for the children.”


 Bribes and slush funds in the courts.

Let’s Get Honest! Blog

Absolutely Uncommon Analysis of Family –and “Conciliation” — Courts’ Operations, Practices, and History

Exposing and Prosecuting Judicial Corruption Through Common Law Discovery (1997)

Judicial Corruption

During 2016 blog “house-keeping” action, I re-read this 1997 Interview published in “Antishyster.com” but found posted in “Famguardian.org” (ads show it to be possibly a conservative/libertarian or perhaps even survivalist mag. So what, if the information in article stands on its own two feet?)  about Los Angeles County and a judges association, what happened to the proceeds from MCLE (Continuing Education) classes, and how to find out.  I added some quotes from it.

This interview has been HIGHLY underestimated and STILL valuable information.  If better understood, it would most likely end any questions about the vailidity of the “Broken Courts / Flawed Practices / (now more promoted as “Safe Child” loose coalitions of specific organizations and on-line followers.)

It would “Shine the Light” for real on the presumptions among these groups of the problem being “Judges, Mediators, GALs and Custody Evaluators  JUST don’t understand perps” or “They believe a psychologically unsound “parental alienation theory” and about any other excuse one might make up to exonerate the exceptionally bad custody and divorce (and visitation) decisions being made nationwide. That premise leads to a predictable solution of “we need more trainings.”  But the trainings is where the money is — and apparently, some of it — getting lost.

In my opinion (see this blog for why), it’s less “they just   don’t understand” and more “they just don’t CARE.” What’s more, think about how much any functional, ETHICAL judge already has invested in his or her career, social and professional life (and/or real estate).  If the core operations are corrupt, which this certainly indicates they ARE, to expose it is basically professional humiliation for having participated in the system, or feigned (?) ignorance, and financial destruction of the sort many parents are already familiar with.  I really think it’s up to the common people to, if possible, use “common law” to go get the financial facts and then compare them to the proper use and destination of public buildings (such as courthouses) and funds raised by private associations which may happen to have judicial memberships, or beneficiaries, regardless of WHAT buildings they are in, IF they violate certain laws.

Originally published 1/24/2013. This Post is Sticky (one of 9 sticky posts) meaning, it stays near the top. Current posts show below all sticky posts. Also, I just moved the “Supervised Visitation” section to a separate post (and of course expanded that one) on 6/6/2013.

File this Article under “What a Difference One Person can Make, if that person: Has Guts, Will Obtain Evidence, Look at Evidence, Come to Logical Conclusion regarding Evidence Obtained AND Publicize It! Includes Marv Bryer’s discoveries, especially in the mid- to late 1990s.

Marvin Bryer’s discoveries began when his daughter was involved in a custody battle for her son. Apparently a judge received a bribe to rule against Mr. Bryer’s daughter, and as a result Mr. Bryer discovered a judicial slush fund bank account, and a common law discovery for overcoming judicial immunity.

Right away, we are in the financial category: Bribe, Slush Fund, Bank account, overcoming judicial immunity.   Also in this (fairly short) post:

Another question: What’s the difference between a “Family” court and a “Conciliation” court? And why are so many programs in the courts being pre-planned by membership of a private nonprofit association which (eventually — after people started pestering it to get its own EIN# and quit hiding and evading taxes under the County’s EIN#) called “Association of Family and ConciliationCourts,” which previously was a “Conference of Conciliation Courts”?

Also in this post:

Report From Judges Blasts California Court Bureaucracy By MARIA DINZEO SAN FRANCISCO (CN) – In a sweeping call for reform of the Administrative Office of the Courts, a report from a committee of judges found the agency has been operated as the director’s fiefdom, has strayed far from its original path and has been deceptive about finances and personnel. The judges also criticized the bureaucracy as top-heavy, overpaid and badly organized. Their long-awaited report proposes a drastic reorganization that includes cutting the staff by one-third and moving the agency from its lavish San Francisco headquarters to a cheaper space in Sacramento.

Exposing and Prosecuting Judicial Corruption Through Common Law Discovery

[in ANTISHYSTER http://www.antishyster.com 972-418-8993 Volume 7 No. 4, p. 51ff]

1997 interview with Marv Bryer.
[ I ASK READERS: ] Can you read 7 pages “for the cause”? And think about it?  If Yes, and If given a brief pop-quiz of about 10th grade level on what it’s talking about, how much of the vocabulary or ideas could you remember?

Read the rest of this entry

Censorship

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Everyone has the right to seek, receive and impart information and ideas without fear or interference. Well, ALMOST everyone.

Probation Conditions in State of Minnesota vs Deirdre Elise Evavold- Case No. 19HA-CR-15-4227

“You will not reference any of the XXXXXXXX-XXXXX family on any social media.”

I previously posted a press release on Darren Chaker, who reversed his conviction in federal court on First Amendment grounds. A Good Day For The First Amendment.

After corresponding with Mr. Chaker regarding my own First Amendment violations as well as numerous other violations in my case, I was enlightened further about our inherent rights.  See Below

“Rights might be inherent, but ideas need to be taught.” Maida Buckley, retired classroom teacher in Fairbanks, Alaska

Image courtesy of Pixabay

Focusing on the First Amendment issue,  I see a few flaws in Condition 2 preventing referencing to specific people in social media:  Case No. 19HA-CR-15-4227

What if you want to criticize the police/DA, the judicial process, etc but cannot even reference to your case since it makes reference to the names of the people you cannot make reference to? Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government because criticism of government is at the very center of the constitutionally protected area of free discussion. Chaker v. Crogan, 428 F.3d 1215, 1217, 2005 U.S. App. LEXIS 23728, *1, 33 Media L. Rep. 2569 (9th Cir. Cal. 2005)​ Yes that is my first First Amendment case where I overruled the California Supreme Court. See also, https://www.scribd.com/document/3698825/Press-Release-CAL-SUPREME-COURT-Reversed-by-Chaker-v-Crogan

Additionally, you have a First Amendment right to re-distribute information contained in a public record.

     Preventing Blogging is Not a Governmental Interest.

For government to regulate speech, it must be “integral to criminal conduct.” United States v. Meredith, 685 F.3d 814, 819, 2012 U.S. App. LEXIS 13012, 7, 2012-2 U.S. Tax Cas. (CCH) P50,421, 110 A.F.T.R.2d (RIA) 5157 (9th Cir. Cal. 2012) Typically, restriction of speech concerns a gang member not associating with other gang member; a child pornographer being monitored or restricted from the internet, defendant not speaking to victims, etc. The only nontypical First Amendment challenge relates to a defendant speaking or writing about the unconstitutionality of tax laws and was reversed, but prohibiting advocating tax evasion was affirmed. Speech is presumptively protected by the First Amendment. The burden is on the government to show that a defendant’s website is within one of the narrow categories of unprotected speech. United States v. Carmichael, 326 F. Supp. 2d 1267, 1270, 2004 U.S. Dist. LEXIS 13675, 1 (M.D. Ala. 2004) The Government would in its burden as it did not prove the speech at issue would be outside the scope of the First Amendment.

Suppressing speech rarely is justified by an interest in deterring criminal conduct, and in any event the justification “must be ‘far stronger than mere speculation about serious harms”’ and supported by “empirical evidence” Barnicki v. Vopper, 532 U.S 514, 530-32, 121 S.Ct 1753, 1763-64, 149 L Ed 2d 787 (2001) (citing U.S v. Treasury Employees, 513 U S 454, 475 (1995))  

Protecting Reputation is Not a Government Interest.

If the Government were to say, ‘the families have been through enough and do not want to cause embarrassment or harm to there reputation’ – such would not be a proper Governmental interest. Specifically, protecting ones reputation is not a governmental function unless it violates criminal law.  United v. Alvarez, 617 F. 3d 1198. (Stolen Valor Act held unconstitutional) “At issue here is the First Amendment exception that allows the government to regulate speech that is integral to criminal conduct. . . .” Id. at 819-20. United States v. Osinger, 753 F.3d 939, 946, 2014 U.S. App. LEXIS 10377, 17-20, 2014 WL 2498131 (9th Cir. Cal. 2014)

Further, you have the right to attack people if you believe such behavior was unethical. See Wait v. Beck’s N. Am., Inc., 241 F. Supp. 2d 172, 183 (N.D.N.Y. 2003) (“[A s]tatement[] that someone has acted . . . unethically generally [is] constitutionally protected statements of opinion.”); Biro, 883 F. Supp. 2d at 463 (“[T]he use of the terms ‘shyster,’ ‘conman,’ and finding an ‘easy mark’ is the type of ‘rhetorical hyperbole’ and ‘imaginative expression’ that is typically understood as a statement of opinion.” (quoting Milkovich, 497 U.S. at 20)).

 Loss of Privacy Due to High Profile Case.

Also, due to all of the publicity in the case, it is likely the names you cannot blog about are deemed public figures. Public figures are entitled to less protection against defamation and invasion of privacy than are private figures with respect to the publication of false information about them. Carafano v. Metrosplash, Inc., 207 F. Supp. 2d 1055, 1059, 2002 U.S. Dist. LEXIS 10614, 1, 30 Media L. Rep. 1577 (C.D. Cal. 2002)

         

Purpose of Probation is to Rehabilitate and Prevent Future Criminal Conduct, Blogging is Neither.

Consideration of three factors is required to determine whether a reasonable relationship exists: (1) the purposes sought to be served by probation; (2) the extent to which constitutional rights enjoyed by law-abiding citizens should be accorded to probationers; and (3) the legitimate needs of law enforcement. (Citation omitted.) United States v. Pierce, 561 F.2d 735, 739 (9th Cir. 1977). United States v. Lowe, 654 F.2d 562, 567, 1981 U.S. App. LEXIS 18287, 11 (9th Cir. Wash. 1981) See also, United States v. T.M., 330 F.3d 1235, 1240 (9th Cir. 2003) (“The conditions imposed run afoul of the supervised release statute because there is no reasonable relationship between them and either deterrence, public protection or rehabilitation.”)


“The Minnesota legislature delegated the authority to prosecute criminal matters to the county attorney, who was elected by the voters of that county.”

But, according to the Minnesota Attorney General’s website, the office does sometimes get involved in criminal matters:

The Dahlens have pled guilty in an associated case for their role xx xxxxxx xxxxxxxx xxx xxxxxx, while another defendant, Dede Evavold, was found guilty as well. Inexplicably, Judge Karen Asphaug presided over all four cases.

A message left with the Minnesota Attorney General’s Office concerning the current legal situation was left unreturned. An email to Laura Flanders was also left unreturned and an email left with the Minnesota Attorney General’s Office was also left unreturned. The current Minnesota Attorney General is Democrat Lori Swanson, and she has held that position since 2007.


Excerpts from The “Justice” blog authored by an anonymous group of concerned citizens.
The Attorney General’s Office has been receiving documentation concerning the XXXXXXXXXXXXXX case for over 5 years and has refused to investigate or take any action in the face of serious allegations, and evidence, showing corruption in local government and law enforcement. However, when opposing President Trump’s immigrant order, Lori Swanson said “It does not pass constitutional muster, is inconsistent with our history as a nation, and undermines our national security.” The same can be said for Dakota County; yet instead of taking a public stance on a very real concern that affects not only the XXXXXXXXXXXXXX family but the entire state of Minnesota, and possibly tens of thousands of families victimized by an out of control court system, Swanson remains silent. Now is a time for leadership, not silence.

Another article written by Michael Volpe on indicates that other MN citizens have encountered the same type of cover-up by the MN Attorney General’s Office.
Excerpts Below:
The tact does not surprise John Hentges, another parent battling court officials on behalf of his children and suffering from disingenuous actions by the court, who told CDN that rather than representing the people of Minnesota the office covers up and represents the corrupt public officials.

“I reported the corruption to her (Lori Swanson, Minnesota Attorney General) and to the governor and to the Minnesota Chief Justice of the Supreme Court.” Hentges.

Hentges said he spent time in jail for failure to pay child support for a bill which had already been paid in another state and his trials in the Minnesota Justice System opened his eyes.

“I found several other things they were doing in the criminal justice system.” Hentges said. “I firmly believe that nearly every single case in the 1st Judicial District is fixed in one way or another.”

 

Stearns Co. Has Some Splainin To Do!

FOX

Dan Rassier files defamation lawsuit against investigators for Wetterling case 

– Dan Rassier is suing the Stearns County investigators, including the sheriff, who once named him a person of interest in the Jacob Wetterling case.

According to the lawsuit filed Wednesday morning, Rassier and his mom, Rita, are seeking more than $2 million in damages, claiming the law enforcement agencies botched the investigation into Jacob’s disappearance.

“The thing you have to understand is people in Stearns County, we didn’t do any research, but people really thought he was guilty,” Mike Padden, Rassier’s attorney, told Fox 9. People really believed it. That’s the problem when law enforcement runs amok like that.”

Eleven-year-old Jacob was kidnapped at the end of Rassier’s driveway on October 22, 1989. During the initial investigation, Rassier told authorities he saw two cars drive onto the farm property the day of the abduction.

But in the years that followed, Rassier went from being a key witness to the focus of investigators.

In 2004, Stearns County Sheriff John Sanner and the Minnesota Bureau of Criminal Apprehension zeroed in on Rassier. He was formally named a person of interest in the Wetterling case in 2010 after investigators executed a search warrant was executed on his farm and took his personal property and some of his land.

The court documents describe a malicious, reckless and fraudulent effort on the part of the three investigators named in the lawsuit to obtain the search warrant. Rassier and his lawyers claim the investigators did not disclose certain details to the judge regarding the case because it would have kept them from getting the warrant.

The personal property that was taken in the search was not returned to Rassier until last November, two months after Heinrich admitted to the kidnapping and killing Jacob, the lawsuit says. The topsoil that was taken by investigators has still not been returned.

Rassier was finally cleared after Heinrich confessed to the crime last September. His claims in the lawsuit include defamation, intentional infliction of emotional distress and unlawful entry, search and destruction of his home and property on the part of law enforcement.

In addition to Stearns County Sheriff John Sanner, Rassier also named Pam Jensen who worked for Sanner as well as the Minnesota Bureau of Criminal Apprehension’s Ken McDonald as co-conspirators against him.

Click to read more and view the video: http://www.fox9.com/news/244683777-story


2 Men Suing Stearns County In Separate Cases

November 21, 2016 6:37 PM

MINNEAPOLIS (WCCO) — Two Minnesota men will file civil rights lawsuits against the sheriff’s office that led the investigation into Jacob Wetterling’s kidnapping. They claim the failings of investigators ruined their reputations, after accusing both of them of murders they did not commit.

Dan Rassier was the first publicly named person of interest in Jacob’s case. He wasn’t cleared until Danny Heinrich’s courtroom confession. Ryan Larson was arrested for the killing of a Cold Spring police officer. Another man who killed himself was later named as the killer in that case.

Continue Reading: http://minnesota.cbslocal.com/2016/11/21/stearns-county-lawsuits/


Stearns County Sheriff John Sanner Photo: Stearns County Sheriff’s Office 

Stearns County Sheriff John Sanner plans to retire next month

Career was shadowed by search for Jacob Wetterling.

Continue Reading: http://www.startribune.com/stearns-county-sheriff-john-sanner-plans-to-retire-next-month/416768503/

 


Stearns sheriff must clear innocent man

With the recent developments regarding Jacob Wetterling’s disappearance, many have been able to obtain much-needed closure from a crime haunted our region for over two decades.

Now that the healing can begin, one aspect has gotten lost among the shuffle; the systemic misconduct that has taken place within the Stearns County Sheriff’s Department. The manner in which the initial search, and eventual investigation was executed not only allowed Jacob’s killer to remain free for more than two decades, but also destroyed the reputation of an innocent man.

Throughout Sheriff John Sanner’s time, his investigation attempted to create a new theory for Jacob’s abduction and murder, one that is based entirely around one innocent man — Dan Rassier.

 The unsealing of the warrants, which formed the basis for the excavation of the family farm in 2010, detailed misrepresentations and false statements. They even went as far as to falsely portray Dan as being investigated by Interpol. I would invite everyone to listen to the recently released American Public Media’s eight-part podcast “In The Dark,” which details this further.

Despite finding no evidence linking Rassier to the crime, the sheriff continues to refuse to clear his name. It has been six years since that very public search of the Rassier family farm. Not a single item has been returned to the family, nor was Dan ever officially cleared from the case — leaving him forever connected to a crime he didn’t commit.

To top this off, we all had the pleasure of watching Sheriff Sanner stand tall during that news conference following the killer’s confession, praising himself and his department while ignoring that it was blogger Joy Baker’s hard work that ultimately shifted the investigation back in the right direction.

So, job well done Mr. Sanner, but our leadership of the department needs to be re-examined.

Selective Enforcement of Law

Image result for urbandictionary 

Slumlord:  An owner of slum property, especially one that overcharges tenants and allows the property to deteriorate.

“Yo, my slum lord T to the J Smitty painted over the mold on my walls to fix it … At least he picked a nice color.”

It is not uncommon for slumlords to buy property with little or no down payment, and also to receive rent in cash to avoid disclosing it for tax purposes, providing lucrative short term income. (Thus, in the U.S., slumlords would normally not participate in government-subsidized programs such as Section 8, due to the requirements to report income and keep properties well-maintained.) A slumlord may also hope that his property will eventually be purchased by government for more than it is worth as a part of urban renewal. Wikipedia

Judge Vicki Landwehr

MAXIMIZING PROFITS BY MINIMIZING SPENDING

Judge’s St. Cloud properties, including one with meth lab, are called a blight  ‘High levels of criminal activity’ cited at some of the rent-to-own houses

By John Reinan Star Tribune    November 26, 2016

As a district judge, Vicki Landwehr spends her days meting out justice. But as the co-owner of nearly 20 residential properties in the St. Cloud area, it’s Landwehr who’s on the receiving end of public scrutiny — and legal action.

Several of the properties she and her husband, Don, own have been identified by neighbors and St. Cloud city officials as blights on neighborhoods. Earlier this week, police raided one house and found a meth lab — the latest in a series of troubling incidents that have angered residents and prompted city officials to investigate.

City officials have met twice with residents to discuss the problems. The most recent meeting, held last week, drew about 100 attendees. The city is so concerned about the issue that it is now taking administrative action against the couple for renting the houses without a license. Continue Reading: http://www.startribune.com/judge-s-distressed-properties-a-blight-on-st-cloud-neighborhoods/403063086/

The Minnesota Board on Judicial Standards

Judicial board dismisses Landwehr complaint

“I’m obviously happy that the complaint was dismissed. It’s somewhat stressful to have a complaint filed against you,” Landwehr said Friday. “I obviously had indicated from the outset that I always made every effort to make the disclosures that I thought were required. … That’s important to me.”  (Interestingly, Landwehr was appointed to the Judicial Standards Board by Governor Pawlenty in 2008 and was a judge member through 2016. BOARD ON JUDICIAL STANDARDS). 

Read More: http://www.sctimes.com/story/news/local/2016/12/23/judicial-board-dismisses-landwehr-complaint/95745742/

Below is another complaint Judge Landwehr was obviously happy that was dismissed. 

Landwehr Complaint


City dismisses Landwehr contract-for-deed violations

“Don Landwehr said he feels the city was not looking to punish him and his wife, but gain compliance at the contract-for-deed properties.”

Read More:http://www.sctimes.com/story/news/local/2017/03/20/city-dismisses-landwehr-contract–deed-violations/99406260/


Here’s an opportunity to meet Judge Landwehr and learn more about the local injustice system in St. Cloud.

Stearns County Open Courthouse Flyer

2017 Stearns County Open Courthouse Event

The public is invited to celebrate Law Day at the Stearns County “Open Courthouse” event on April 28.

On Friday, April 28, the Stearns County Courthouse in St. Cloud will open its doors to the public as part of a Law Day “Open Courthouse” event. The event is being held to showcase the work of Minnesota’s courts, and educate the public about the work of judges, attorneys, law enforcement, and citizens in administering the state’s justice system. The free, open-to-the public event, will run from 12:30 p.m. to 4:30 p.m.

The Open Courthouse event will feature numerous activities, including:

  • A special welcome ceremony hosted by Minnesota Supreme Court Chief Justice Lorie S. Gildea and Seventh Judicial District Chief Judge John H. Scherer.
  • An opportunity to meet local district court judges and justice system partners.
  • Guided “behind-the-scenes” tours of the Stearns County courthouse, with presentations by judges and Stearns County justice partners.
  • An information fair with representatives from numerous law- and justice-related organizations.
  • Information on free and low-cost legal services available to the public.
  • Presentations and displays focusing on the history of Stearns County and the Stearns County Courthouse.

The Open Courthouse event is scheduled to coincide with Law Day, a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process have contributed to the freedoms that all Americans share. Law Day was first established in 1958 through a proclamation by President Dwight D. Eisenhower. Congress passed a joint resolution designating May 1 as Law Day, U.S.A in 1961.

“The justice system truly belongs to the people, and serves to keep our communities safe, fairly resolve disputes, and preserve the rule of law,” said Chief Judge Scherer. “As our nation pauses to celebrate Law Day, we wanted to give the citizens of Stearns County an opportunity to learn more about their local justice system, meet the people that work in our courthouse, and find out about the legal services available to them in the community. We will even share many of the colorful and interesting stories that have shaped the history of our near century-old courthouse.”

The Law Day Open Courthouse event is being hosted by Minnesota’s Seventh Judicial District in partnership with Stearns County and local justice system partners.

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