Successive Prosecution

As many Red Herring Alert readers know, I was falsely convicted of 6 felony counts of parental deprivation in September 2016. I was incarcerated for 4 months at the Ramsey County Correctional Facility and sentenced to 8 years of probation.

One of my unconstitutional probation conditions ordered by Judge Karen Asphaug included language that I am not to reference parties involved in this case on any social media.

On July 31st, 2017, I was served with a Temporary Restraining Order for violating my probation condition and referencing the party on Red Herring Alert. On August 28th, 2017, I received a probation violation summons for the same offense.

Temporary Restraining Order

An application for restraining order, filed with the court, provides the victim with temporary protection until a hearing can be held. A temporary restraining order, also referred to as a “TRO,” only becomes effective once an application for a permanent restraining order has been filed with the court and served on the offender. A temporary restraining order offers the victim the same level of protection and a long-term order, but it only requires the victim to provide the court with proof that they are in imminent dangerlegaldictionary.net

Temporary orders last only weeks. Judges intentionally keep cases open without a decision as a method of controlling the parties without entering a final judgment. Among other problems, this approach denies worthy petitioners the enforceability of an order recorded in a law enforcement database and denies worthy respondents the ability to appeal. Actions that would otherwise be lawful become potentially criminal.

TIMELINE OF ACTIONS (All hearings were continued at the actual court hearing vs. prior, which means that I had to drive 1 1/2 hours each way for all non-hearings.)

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Judge Asphaug

07/31/2017  Served with a Temporary Restraining Order (Signed by Judge Asphaug who presided over our criminal trials).
08/18/2017 I filed a motion to vacate the false Temporary Restraining Order
08/29/2017  Served with a Probation Violation Summons for blog posts
09/11/2017  Served with Summons and Complaint for Harassment Restraining Order violations.
09/28/2017   Contested Revocation Hearing (Rescheduled by Judge Asphaug to 11/02/2017) Judge Asphaug indicated the validity of the restraining order needed to be determined prior to the probation violation hearing. Prosecutor: Kathryn Keena, Assistant Dakota County Attorney

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Judge Kanning

09/29/2017   Hearing Motion to Vacate the Temporary Restraining Order (At this hearing, Judge Kanning rescheduled the motion hearing to 12/13.2017 to allow time for opposing counsel to prepare. Judge Kanning indicated that the validity of the temporary restraining order needs to be determined prior to the disposition of the related criminal case because a ruling on the validity of the temporary restraining order may have a direct impact on that related criminal case.) I would think so.
10/17/2017  Arraignment for Restraining Order Violation (9:00 AM) (Judicial Officer Mayer, Michael J.)Result: Held (Criminal Prosecutor Elliott Knetsch)
11/02/2017   Contested Revocation Hearing (Rescheduled by Judge Asphaug due to rescheduling of the motion hearing to vacate.)

12-13-2017  Motion to Vacate Hearing Judge Kanning continued the hearing per Attorney Lisa Elliott’s request to allow more time to complete collection of evidence. In the Order for Continuance, Kanning wrote, “Further hearings on Respondent’s motion shall be continued to May 16th, 2018, or until such other date following final adjudication of the pending criminal charges against Respondent arising out of the alleged violation of the Restraining Order.” (So now instead of determining the validity of the TRO prior to the criminal trial, they’re going to just have the criminal trial and the motion hearing to vacate after the trial.)

01/09/2018   Pre-trial hearing for Restraining Order violation Judge Asphaug Reset by Court to 04/30/2018 Reset by Court to 07/16/2018

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Judge Gearin

03/01/2018  Emergency Motion Hearing to remove blog posts. Unconstitutional purge conditions were met and more were added by Attorney Lisa Elliott. Conditions again were met however, Lisa Elliott filed an Affidavit of Noncompliance and Request for Arrest Warrant on 03/09/2018 which was signed by retired Judge Kathleen Gearin on 03/14/2018. I filed an Affidavit of Compliance on  03/17/2018 and was arrested on 03/18/2018. I was brought to Stearns County Jail and transported to Dakota County Jail on 03/19/2018. I was transported to Ramsey County Correctional Facility at 5:00 PM and transported back to Dakota County on 3/20/2018 for a hearing with Judge Christopher Lehmann. He stated that I would have to wait to be heard in front of Judge Gearin on 03/21/2018. I was transported back to Ramsey County after spending the day in a holding cell. On 03/22/2018 hearing took place with Judge Gearin. Judicial order included immediate release from custody, constructive contempt of court sentence stayed until March 26th, at 4:30 p.m. in order to allow continued removal of posts. If items are not removed by 4:30 p.m. on March 26th, I was required to turn myself in to the Dakota County Correctional Facility for women on March 27th, at 9:00 a.m. to serve the remaining 26 days. (Some of the images and articles were hot linked from the Red Herring Alert site to other sites and data remained on the web for a short time before they were purged from the servers. I had no control over the cached data.)

05/16/2018  Motion Hearing to Vacate TRO. Attorney Lisa Elliott indicated that my motion to vacate was not filed within the 20 day timeline and could not be reviewed. Judge Kanning indicated that he would tee up an order to appeal the Restraining Order vs. hearing it at the District Court level.

The following objections were provided to the District Court: PETITIONERS OFFER NO EVIDENCE OF HARASSMENT – There is no allegation or evidence of direct contact by Respondent. Instead, the focus of this action is a number of blog posts written by Respondent that are either about
Petitioners or at least mention Petitioner in some way.

The blog posts by themselves cannot meet this definition, and to the extent the Court believes this definition can be expanded to included blog posts, then the statute must necessarily run afoul of the First Amendment

THE BLOG POSTS ARE NOT HARASSMENT AS DEFINED UNDER LAW

THE ORDER IS AN UNCONSTITUTIONAL PRIOR RESTRAINT – Because there are no findings of unprotected speech making up the conduct of Respondent and because the Order prohibits a large category of protected speech, the Order is an unconstitutional prior restraint.

THE MINNESOTA HRO STATUTE, IF APPLIED TO SITUATIONS LIKE THIS WOULD VIOLATE THE FIRST AMENDMENT 

04/30/2018  Jury Trial  (9:00 AM) (Judicial Officer Gearin, Kathleen R.) Reset by Court to 07/23/2018  -Only to be heard by Judge Gearin-

06/06/2018   Probation Revocation Hearing Reset by Court to 09/05/2018

09/05/2018   Contested Revocation Hearing  (9:00 AM) (Judicial Officer Asphaug, Karen)

The contested revocation hearing in file 19HA-CR-15-4227 has been rescheduled to September 5, 2018 at 9:00 a.m. at the Dakota County Judicial Center in Hastings, MN.  The hearing for this Wednesday, June 6 has been cancelled.  The matter had to be rescheduled due to a continuance in the criminal case 19AV-CR-17-16709.  Your trial in that matter is set for July 23, 2018.

Sincerely,

Megan Loyas
Law Clerk to the Honorable Karen Asphaug
651-438-4318

Stay tuned for updates!

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ILLEGAL REMOVAL OF CHILDREN

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Image result for mn department of human servicesThe Lawsuit below alleges claims against Dakota county and the Minnesota Department of Human Services for wrongful rermoval of children. The case is brought with the hopes of widespread changes to the child-protection system.

This case will definitely help shine the light on child predator services and the courts, however, once again, racial bias is the focus. The fact is  this is a system that is well designed to harm all families, regardless of race.

Lawsuit alleges Minnesota child welfare workers are illegally removing children from homes

In the civil rights suit, attorneys for a group of parents allege that Minnesota’s child protection laws are overly broad.
Star Jones wiped tears away as Dwight Mitchell talked Tuesday of his struggle to get his children back.

GLEN STUBB

Star Jones wiped tears away as Dwight Mitchell talked Tuesday of his struggle to get his children back.

A group of Minnesota parents has accused state and county child protection agencies of wrongfully removing their children and placing them in foster care for what they consider to be ordinary parental discipline, such as spanking.

In a civil rights lawsuit filed Tuesday, attorneys for the parents allege that Minnesota’s child protection laws are overly broad, triggering unnecessary investigations and putting children at risk for being removed from safe and loving homes.

The main plaintiff in the case is Dwight D. Mitchell, who founded an association of parents called Stop Child Protection Services From Legally Kidnapping, which has about 250 members across the state. Mitchell alleges that two of his children were removed from his home in Apple Valley by Dakota County child protection workers after a family babysitter reported that his 11-year-old son had received a spanking from Mitchell for stealing and disobeying his parents.

“It was every parent’s worst nightmare,” said Mitchell, 57, a management consultant. “My children were legally kidnapped for a bottom spanking that was done out of love, because I want my children to grow up to be hardworking members of society.”

The child, Xander Mitchell, was kept in state custody for 22 months, during which time his father was refused all contact. Mitchell’s other child was removed for five months, according to the lawsuit filed in U.S. District Court in Minneapolis.

A spokeswoman for Dakota County declined to comment, saying the agency had not had a chance to review the lawsuit. A spokeswoman for the Minnesota Department of Human Services, which oversees the child protection system, also declined to comment, saying the agency had not been served with the lawsuit.

Continue Reading


RELATED

Father who temporarily lost custody sues, alleging Dakota County racial bias
Black children disproportionately removed from their families; state lawmakers seek fix
Minnesota African American Family Preservation Act 

Minnesota Teacher-Student Sexual Relationships

Dakota Co. Attorney James C. Backstrom

 

”Quite frankly, it should be a crime,” said County Attorney Backstrom.  He pushed to change the law after a similar case nearly a decade ago.

In light of the new cases, he says he will once again encourage lawmakers to make teacher-student sexual relationships illegal, regardless of the student’s age.

“I’ll raise this issue again with legislators here in Dakota County and hopefully get the bill introduced again next session, Backstrom said. “I think it’s worth another try.”

KARE 11 Investigates: Teacher-student sex not always illegal in Minnesota

Lou Raguse, KARE 10:22 PM. CDT October 04, 2017

BURNSVILLE, Minn. – A county prosecutor is calling for a change in Minnesota law – to make it illegal for teachers to have sexual contact with high school students, regardless of their age.

Currently, it’s not a crime in Minnesota for a teacher to have sexual relations with a student who is at least 18 years old.

And recent cases reviewed in a KARE 11 investigation, raise questions about how Minnesota holds teachers accountable if they do have sex with their students.

In some cases, KARE 11 learned state education officials won’t even investigate.

“It just eats at you, because you put this trust in these people to protect them,” said the mother of one student.

Continue Reading: http://www.kare11.com/news/kare-11-investigates-teacher-student-sex-not-always-illegal-in-minnesota/480903753


Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Media promotes stories that create societal outrage and the solution is always more legislation and initiatives, tougher laws, more law enforcement, more training, etc. None of these solutions make a meaningful difference in preventing sex offenses and really just appease our need to feel that we are protecting children and that our legislature is addressing the issue.

State laws regarding “consensual sex” (referred to generally as statutory rape laws) prohibit adult-child relationships but define childhood differently, depending upon the state.

What is the Minnesota Age of Consent?

The Minnesota Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Minnesota are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Minnesota statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16, although it is raised to 18 when the offender is an authority figure. If the younger party is 13-15, their partners must be no more then 2 years older, and children under 13 may only consent to those less than 36 months older.

Age of consent laws are tied into other statues such as those of rape and sexually assaulting and raping somebody is already a crime.

A very wise saying. Those who expect a new law to magically make all that nasty bad behavior disappear fool themselves. You can change said behavior by several means, but making laws is not one of them.

“There is no simple fix to the devastating problem of sex abuse. Instead of politically popular measures that make no difference we need to turn our attention and resources to ways of addressing the epidemic of sex abuse that, while perhaps not as politically popular, will actually work so that more potential victims can be spared.” Deborah Jacobs, Executive Director of the American Civil Liberties Union of New Jersey.

Call to Action

Intercomm Radio Presents Michael Volpe Freelance Investigative Journalist

Click to listen:  Intercomm Radio Presents Michael Volpe Freelance Investigative Journalist  (Bar shown below is at the top of the page)

About Michael Volpe;

After spending a decade in finance, Michael Volpe has been a freelance investigative journalist since 2009. His work has been published locally in the Chicago Reader, Chicago Crusader, Chicago Heights Patch, and New City. Nationally, Volpe’s work has appeared in a wide variety of publications including the Washington Examiner, the Daily Caller, Crime Magazine, the Southern Christian Leadership Conference Newsletter, and Counter Punch. Volpe has been recognized by whistleblowers as leading the charge in getting their stories out. His first book Prosecutors Gone Wild was published in October 2012, his second book The Definitive Dossier of PTSD in Whistleblowers was published in February 2013 and his third book Bullied to Death was published in August 2015.

https://www.bombthrowers.com/author/michael_volpe/

Less Is More

Photo Courtesy of Pixabay

“To be governed is to be watched over, inspected, spied on, directed, legislated, regimented, indoctrinated, preached at, controlled, assessed, evaluated, censored, commanded; all by creatures that have neither the right, nor wisdom, nor virtue…. To be governed means that at every move, operation, or transaction one is noted, registered, entered in a census, taxed, stamped, priced, assessed, patented, licensed, authorized, recommended, admonished, prevented, reformed, set right, corrected. Government means to be subjected to tribute, trained, ransomed, exploited, monopolized, extorted, pressured, mystified, robbed; all in the name of public utility and the general good. Then, at the first sign of resistance or word of complaint, one is repressed, fined, despised, vexed, pursued, hustled, beaten up, imprisoned, shot, machine-gunned, judged, sentenced, deported, sacrificed, sold, betrayed, and to cap it all, ridiculed, mocked, outraged, and dishonored. That’s government, that’s its justice and its morality.” Daniel Guérin Anarchism: From Theory to Practice

Simmer down. . . I’m not an anarchist! I just happen to prefer a minimal government vs. a corrupt, abusive, inefficient and tyrannical government. Call me crazy but hey, that’s just me!

Northern Service Center West St. Paul

Anyhow, I had my first group probation meeting today in West St. Paul for case no. 19HA-CR-15-4227.

I don’t qualify for a transfer of my probation to Stearns Co. as I’m deemed to be low risk, and yet, I have six felony convictions!

I drove 1.5 hrs., to wait over an hour, to meet with a probation officer for 5 minutes.

 

Dakota County Community Corrections 2016-2017 Comprehensive Plan (Click on title to view)

Excerpts: Our integrated service delivery work for offenders will create an integrated infrastructure with consumer channels of access, common process functions, coordinated service delivery and ultimately, sustainable outcomes for our offenders.

COMMUNITY CORRECTIONS CONTRACTS TO PROVIDE SERVICES TO ADULT & JUVENILE OFFENDERS    

  Click to Zoom↓

GRANTS, SUBSIDIES, REIMBURSEMENTS 

Remember, Grant Dollars=Taxpayer Dollars

Although placing someone on probation is cheaper than imprisonment, it is still a significant expense. A 2014 Pew Study of 34 American states found the government spent around $2.5 billion on probation and parole programs in 2008 compared to $18.65 billion spent on prisons. 

MN Dept. of Corrections – Dakota County Comprehensive Plan Budget 

As government policy, the probation system has never been about helping people move on with their lives after committing a crime. Instead, it has enabled the government to dig deeper into peoples’ private lives in search of punishable flaws. The case for eliminating criminal probation

The real goal is to keep the problems going to keep the money flowing. There are very few aspects of any public system that do NOT tie back into funding, grants and the setup of monopolies at all levels of government.

Blue Is The New Black

Since my incarceration, I frequently get the question, “have you seen Orange Is The New Black?”

I hadn’t seen it before my imprisonment, but have binge-watched 2 seasons since my release. Unlike other series, it didn’t take long to get burned out on the tedium of this show. Yes there are similarities with the show and real life incarceration, but keep in mind the series is about prison life and even though the terms are often used interchangeably, prisons and jails are different.

The United States has approximately 1.8 million people behind bars: about 100,000 in federal custody, 1.1 million in state custody, and 600,000 in local jails. Prisons hold inmates convicted of federal or state crimes; jails hold people awaiting trial or serving short sentences. The United States now imprisons more people than an
y other country in the world—perhaps half a million more than Communist China. The Prison-Industrial Complex

RAMSEY COUNTY CORRECTIONAL FACILITY

Once you arrive at RCCF, you are photographed, fingerprinted and charged a $20 booking fee. Once you’re booked and given inmate attire, you’re assigned to a housing unit. There are 3 different dorms for women. The main one has cells vs. bunk beds in an open room. I was assigned to the top bunk in Cell #7 and had 10 different “cellies” during my 4 months.(Oh and no pillows unless you have a medical reason to have one).

          “Blues & Shoes” Ramsey County Correctional Facility Female Inmate Uniforms

You can’t bring any hygiene items, electronic devices, or other personal items in, but you can purchase items from Inmate Canteen for outrageously exorbitant prices. RCCF inmates are given a hygiene bag after being admitted which includes a plastic cup, toothbrush, toothpaste, deodorant, comb, an elastic hair tie and flip flops. No jewelry is allowed.

RCCF Toothpaste (also worked well as glue)

Pepsodent was the “real” toothpaste that you could order from Inmate Canteen and Suave products were like gold! Shampoo and conditioner was only 4 bucks a bottle. If you had it, you shared it with the dorm. Because I was on the lower tier, I constantly had people knocking on my cell door to “borrow” things, including water from my sink for their ramen noodles.

The 89¢ rubber pen     

  • No makeup is allowed but inmates do get creative with colored pencils. The pencils also have to be purchased through Inmate Canteen unless you win them as  a prize for attending the Learning Center. The Center provides adult basic education programs in reading, writing, math, and GED prep as well as classes on personal finance, job seeking and retention, career exploration, computer skills, and driver’s license preparation and testing.
  • Lights on at 6:30am and lights out at 10:30pm (the lights are never really off, just dimmed).
  • Inmates are required to stand for count at 11:05am, 5:05pm, and 10;00pm. That means that you are locked in your cell and you must stand by the window in your door to make sure everyone is in the dorm.
  • Inmates cannot enter others cells or loiter in front of cell doorways.
  • No food from meals can be brought into your cell.
  • No note passing or canteen items between dorms.
  • Razors can only be used after 6:30pm
  • Inmates are allowed 4 books, I bible, and 4 magazines (Perk for working in the library was getting newer magazines before pages were torn out for recipes, decorating ideas, etc.)
  • Inmates are only allowed one 20-minute video visit per week using a phone and video camera.
  • Inmates get one free, 60-second phone call after being admitted. Legal calls to lawyers and probation officers are free. A listing of free calls is provided to all inmates. Other calls may have a fee that is charged by the minute. Inmates are allowed to make collect calls. The Prison Policy Initiative found that families pay $1 billion annually to call relatives in prison, and until 2013, calls could cost $17 for a 15 minutes (the FCC cracked down on this and those calls now cost $3.75). What Incarceration Costs American Families
  • No volume on TV. Must purchase $30 headset to listen.
  • $5 to see the nurse
  • $15 to have a tooth pulled

Rule violations may result in loss of good time, time spent in security, administrative segregation  restitution and/or upward departure of established sanctions.

Cash or Credit? Paying for Your Time: How Charging Inmates Fees Behind Bars May Violate the Excessive Fines Clause

Excessive Fines Clause of the Eighth Amendment The Eighth Amendment provides “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” I guess the majority of judges didn’t get the memo!

“Over the last 30 years, for-profit prison corporations, such as Corrections Corporation of America (CCA) and GEO Group (formerly Wackenhut Corrections Corporation), have benefited from the dramatic rise in incarceration and detention in the United States. Since the advent of prison privatization in the early 1980’s, the number of people behind bars in the US has risen by more than 500 percent to more than 2.2 million people.   Image result for treatment industrial complex

The result is an emerging “Treatment Industrial Complex” (TIC) — the movement of the for-profit prison industry into correctional medical care, mental health treatment, and ‘community corrections.’ Community corrections include corrections programs outside of jail or prison walls: probation and parole services including halfway houses; day reporting centers; drug and alcohol treatment programs; home confinement; electronic monitoring; and an array of supportive services such as educational classes and job training. Community corrections is a huge business, with three times as many people under “community corrections” programs as currently incarcerated in prison facilities.

While the prison industrial complex was dependent on incarceration or detention in prisons, jails, and other correctional institutions, this emerging “treatment industrial complex” allows the same corporations (and many new ones) to profit from providing treatment-oriented programs and services.

As a result, this emerging Treatment Industrial Complex has the potential to ensnare more individuals, under increased levels of supervision and surveillance, for increasing lengths of time—in some cases, for the rest of a person’s life.  How For-Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain


Law enforcement agencies can also get extra money from federal grants.

Community Corrections – Grants and Funding Bureau of Justice Assistance (BJA)

BJA supports law enforcement, courts, corrections, treatment, victim services, technology, and prevention initiatives that strengthen the nation’s justice system. BJA offers a Grant Writing and Management Academy and provides funding through a number of programs for corrections.

Federal grants are never free and they almost always come with strings attached. Federal “assistance” allows the feds to dictate state policies and even what the states do with large chunks of their own money.


The bottom line is whether it’s jail or prison, people are being incarcerated for non-violent and non-criminal offenses. It’s the money that drives this system and there is a lot of money to be made from criminalizing nonviolent activities and jailing people for nonviolent offenses.


The essence of nomocracy, the rule of law, is limitation of the discretion of officials, and providing a process by which errors or abuse of discretion can be corrected. Some discretion is unavoidable, because law cannot anticipate every eventuality or how to decide which law may apply to a given situation. What guidance the law cannot provide is supposed to be provided by standard principles of justice and due process, reason, and the facts of each case. Ideally, officials should be mutually consistent and interchangeable, making similar decisions in similar cases, so that no one can gain an undue advantage by choosing the official or exercising undue influence on the official or on the process he operates. We trust officials to exercise such discretion as they have with wisdom, justice, and competence, to avoid government that is arbitrary, insolent, discriminatory, prejudiced, intrusive and corrupt.     Abuse of Judicial Discretion~ Jon Roland 

We’re definitely past the point of avoiding government that is arbitrary, intrusive and corrupt. The good news is that people are waking up and wising up and starting to demand a governance  that will preserve, protect and promote truth, justice and liberty.

MAKING STUFF UP?

Matt Little (@LittleSenator) | Twitter

Scandal Alert! City Of Lakeville Mayor Matt Little Doesn’t Even Reside In Lawless Lakeville? (Who’d Want To Live In That Lawless Shit-Hole, Right?) 2012 & 2014 Affidavit Of Candidacy Proves Little Resides In Rosemount? 2016 Affidavit Of Candidacy & 2014 Lawyer License Info Prove Little Resides in Farmington? How Many Days Has Little Lived In The Lawless Shit-Hole Called The City Of Lakeville, Huh? Not A Single Day? Inquiring Minds Want To Know, Don’t They? Is This Why Little Doesn’t Want To Investigate Corrupt Lakeville Police Dept’s Willful Data Practice Violations And Willful Refusal To Take Dede’s Witness Tampering Complaint? Inquiring Minds Really Want To Know, Don’t They?  Dede Suspects That Former Star Tribune Hack Michael Bordkorb Aided & Abetted In The Witness Tampering?

http://lionnews00.blogspot.com/2016/09/scandal-alert-city-of-lakeville-mayor.html

             Speaking of my favorite presstitute. . .  ↓

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Michael Brodkorb

lion news   LION NEWS IS A LOCAL GRASSROOTS MEDIA OUTLET. LION NEWS FOCUSES IN ON LOCAL CORRUPTION.

Eagan Police Caught Willfully Violating Minnesota Government Data Practice Act (MGDPA) & Willfully Refusing To Comply With Rules & Model Policies Of Commissioner Of Dept Of Admininstration To Illegally Withhold Incriminating Domestic Abuse Report & Incriminating Audio Of Former Political Hack & Former Star Tribune Hack Michael Brodkorb? Standard Operating Procedure For So-Called Dakota County Law Enforcement Is To Think & Act Like They’re Above The Law, Isn’t It? (They’re Sovereign Citizens, Aren’t They?) Brodkorb’s Adultery Strikes Fear Into Abused Wifey?

Police Report Previously Scrubbed from the Internet  ↓

Continue Reading: http://lionnews00.blogspot.com/2016/08/eagan-police-caught-willfully-violating.html