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

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 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.


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.


Megan Loyas
Law Clerk to the Honorable Karen Asphaug

Stay tuned for updates!

Tyranny Always Degenerates into Violence

‘We are fearful’: Family law attorney says colleagues hiring security, staying home

Posted: Jun 03, 2018 9:39 PM CDT Updated: Jun 04, 2018 2:35 PM CDT  By Lindsey Reiser

SCOTTSDALE, AZ (3TV/CBS 5) – A local family law attorney said the legal community and behavioral health professionals are on edge following a string of murders in Phoenix and Scottsdale. She said many of her colleagues didn’t leave their houses this weekend.

“People are fearful, we are fearful,” said the attorney who asked that we not reveal her identity. She said there is a certain risk she and her peers take when embarking on their profession.

[RELATED: DOUBLE HOMICIDE: Two women shot and killed at south Scottsdale law office]

“Family law is an extremely emotional area of law,” she said. “People are at heightened emotions most of the time.”

But she said right now, they’re all concerned with the string of murders in Scottsdale and Phoenix, all within 15 miles of each other.

[READ MORE: 4th homicide victim identified in Scottsdale, may be connected to recent murders]

The Sheeples Mantra. . .”Stop Resisting”

The shocking video shows the violent assault and arrest of a woman on a New Jersey beach on Memorial Day weekend.

Here’s how it goes down: Wildwood police officers saw alcohol near the woman and had her twice blow into a breathalyzer. She appears to pass the breathalyzer test, but the breathalyzer results are unknown. The woman states the alcohol belonged to her aunt, who was on her way there. (Probably not truthful, but hey, we were all young once.)

The woman argues with the officers about the alcohol containers and then walks away from them after refusing to provide her last name. Turns out she’s 20 and not the arbitrary magical age of 21, although that’s not determined at the time of her arrest.

One of the officers states, “All right, that’s it, I’m done with you.” He asks the other officer if he has cuffs on him and says to the woman, “you’re about to get dropped. Get over here.”

The woman shouts obscenities at the officers as she’s walking away and then comes toward the officer and pushes him away. The camera shuts off and after the camera is turned back on, the woman is heard screaming as officers try to handcuff her. The video then shows the officer’s fist swing up and down several times. The woman shouts that they’re not allowed to hit her and choke her, and after she’s been handcuffed, she turns around while she’s still on the ground and spits toward the officers. Not once does anyone try to come to her aid.

Wildwood beach arrest video: Woman hits cop first – New Jersey 101.5

Really? That sounds like a kid. “she hit me first, so I beat the crap out of her!” You’re the authority figure, you need to maintain professionalism!

Wildwood Chief of Police Robert N. Regalbuto told local media, “From what I see on the video and only on the video, from not even talking to the officers, I think they did a decent job.”

Listen, I worked in psychiatry for 15 years. I’ve been swore at, hit, and had objects thrown at me. Never once did I or any of my co-workers physically assault a patient, even in self-defense. We were trained in managing assaultive behavior through de-escalation techniques.

This police officer intentionally and recklessly provoked a violent confrontation. Whether it was due to his inability to handle his own emotions or because of training, this was an assault against a citizen.

Not surprisingly, the woman was charged with two counts of aggravated assault on a police officer, aggravated assault by spitting bodily fluids at/on a police officer, disorderly conduct, resisting arrest, obstruction and minor in possession of alcohol. (Can you imagine if she was of a darker skin color? This would be the only story in mainstream media for days.)

Weinman’s attorney, Stephen Dicht, said Tuesday that there was no reason why police should have punched Weinman.

“I think it was outrageous. I think most reasonably thinking people would agree,” he said. “There’s an element out there that just wants to go along with the police no matter what they do.”.

Mayor Ernie Troiano Jr. already has come out in support of the officers.

Troiano told that Weinman “refused to comply” and police were doing their job. He said the city is taking an “aggressive stance” against underage drinking on the beach. He said police wrote hundreds of tickets over the weekend.

How We Rule Ya

Song for Tommy Robinson: Owen Benjamin with “How We Rule Ya”

Brilliant—to the tune of Leonard Cohen’s, “Hallelujah”. I don’t think it’s funny at all, but that’s just me. It’s tragic, really. May Tommy Robinson be safe, and may the Brits realize what’s really happening and rise up.  ~ BP

There was a time the press let ya know,
who’s really coming to your shores,
but now they don’t tell the story ever true, yeah.
The state tries to say Tommy has racial hate,
but really, it’s a fear of the caliphate,
And the state says no, take it,
This is how we rule ya.


Britons Rage Over Robinson Arrest As Mass Protests Break Out Worldwide

ZeroHedge MAY 29, 2018

The arrest, imprisonment, and government-ordered media blackout of UK journalist and activist Tommy Robinson has set off a firestorm of protests around the world.

Free speech advocates and supporters of Robinson’s movement from Melbourne to Berlin came out by the thousands to protest the Friday arrest outside of Leeds Crown Court while Robinson was reporting on a pedophile grooming trial via Facebook livestream. Within six hours of his detention, Robinson was slapped with a 13 month prison term for violating a prior suspended sentence for a similar offense.

A big police van with about seven police officers pulled up and arrested [Robinson] and told him to stop live streaming,” Robinson’s producer told RT (before their article (archivedwas scrubbed from the internet). “They said it was incitement and a breach of the peace.

“No peace has been breached – there were two other people there and he’s been perfectly quiet talking into his phone. [The police] said nothing about the court proceedings. It’s very strange.”

Equally as disturbing are the implications of a court-ordered media banmaking it a criminal offense for news outlets operating in the UK to cover Robinson’s arrest and incarceration. In a page straight out of George Orwell’s 1984, several news outlets were forced to pull articles which were published before the ban.

Mass protests broke out following Robinson’s arrest – the largest of which was a crowd of thousands in the UK, demonstrating at the gates of Downing Street to demand the release of the conservative activist.