HaLeigh Cummings author argues First Amendment violations to Judge

by Timothy Charles Holmseth

Court was held on August 13, 2013 at the Polk County Justice Center, Crookston, Minnesota.

The hearing was proceeded over by the Honorable Tamara Yon.

The Court received an audio recording of a Florida resident that telephoned Timothy Holmseth in 2011. The caller warned him he was being followed and if he did not do as he was told, his parental rights were going to be targeted and altered.

The caller told him the “State” was going to take his children.

*The audio recording cannot be published per a Florida court order but is a matter of public record at the Polk County Justice Center, Crookston, Minnesota.

The Court also received a copy of a letter received by Timothy Holmseth from Police Chief Michael Hedlund, EGFPD, advising Holmseth he was investigating the destruction of Holmseth’s hard-drive while it was in police custody.

The following affidavit was submitted.

AFFIDAVIT OF TIMOTHY CHARLES HOLMSETH

VIOLATIONS BY THE STATE OF MINNESOTA AGAINST

TIMOTHY CHARLES HOLMSETH
◾FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION – FREEDOM OF PRESS / FREEDOM OF SPEECH
◾ARTICLE 1; SECTION 3; MINNESOTA STATE CONSTITUTION – LIBERTY OF THE PRESS

I, Timothy Charles Holmseth, being a legal citizen of the United States of America, and State of Minnesota, hereby state the following is true to the best of knowledge:

The State of Minnesota is infringing upon the rights and protections, which are guaranteed to me under the First Amendment to the United States Constitution – “Freedom of Speech” and “Freedom of Press”

The State of Minnesota is infringing upon the rights and protections, which are guaranteed to me under Article 1; Section 3; Minnesota State Constitution – “Liberty of the Press”

The State of Minnesota has, and is, violating my Constitutional rights whereby it has paid a regular wage to a single employee, Matthew J. Petrovich, to actively monitor the content of my publication http://www.writeintoaction.com.

I hold a degree in media communications; have been employed for over a decade in the media industry; been recognized with first place awards by the North Dakota Newspaper Association; worked as a news reporter at newspapers of record; possess written letters of reference from elected officials; authored a book; and operated a freelance business for feature writing for national magazines.

http://www.writeintoaction.com is a legal publication of good repute that openly discusses matters of the public’s interest.

http://www.writeintoaction.com contains stories, articles, media, and commentary of immediate interest to the citizens of East Grand Forks, Minnesota; Polk County, Minnesota; Greater Minnesota; and Grand Forks, North Dakota. The website is providing the public with valuable information about the activities of public officials.

http://www.writeintoaction.com contains information of interest to visitors from throughout the United States interested in the high profile cases of the missing child HaLeigh Cummings, and the Casey Anthony murder trial.

The truthfulness and accuracy of the content published at http://www.writeintoaction.com has never been contested via a civil lawsuit.

The State of Minnesota has been illegally monitoring the content of my publication and through the actions of its agent Matthew Petrovich, weighing and considering the content of my publication as a relevant factor in assessing me as a parent in advance of custody rulings.

The monitoring activities are in violation of state and federal constitutional protections.

The motivation compelling the monitoring activities is in violation of state and federal law.

Matthew Petrovich is a Guardian Ad Litem that was assigned to my family case file with instructions by the Court to coordinate parenting-time exchanges between the Parties and make short-term and long-term custody recommendations to the Court.

On July 23, 2013 Matthew Petrovich, after I confronted him, admitted in an email that he monitors my website.

He stated:
◾His monitoring activities were/are not based upon information he was/is receiving from my son, XXXX .
◾He does not monitor my website to obtain “proof” of any crime or infraction, because the simple act of publishing is lawful.
◾He has never acquired any “proof” of a crime or (theoretical) infraction of any theoretical restriction while monitoring.
◾He monitors my website to be on the lookout for anything that is “concerning”

Matthew Petrovich has been monitoring my publication on behalf of the State of Minnesota for over 1-1/2 years with no expressed legal authority or officially stated basis for doing so, whereby:

The State of Minnesota has not provided me with a copy of a court order from a District Judge that authorizes or instructs Matthew Petrovich to monitor my publication.

The State of Minnesota has not provided me with a copy of a court order from a District Judge explaining or detailing what content my website is supposed to be monitored in search of.

The State of Minnesota has not provided me with a copy of a court order or Warrant from a District Judge providing a start and end date to the monitoring activities.

The State of Minnesota has not provided me the name of the agency and/or agencies that directed Matthew Petrovich to monitor my publication.

The State of Minnesota has not provided me the name of the individual agent, and/or agents, which receives or assess the results of the monitoring activities of Matthew Petrovich.

My In Forma Paupris application to the Court was approved by the District Judge and I have been authorized to represent myself Pro Se.

My In Forma Paupris status and Pro Se representation is a matter of the court file and is a fact known to Matthew Petrovich.

Every single requirement associated with my legal paperwork fall squarely upon my shoulders. I must draft my own motions; prepare my own affidavits; do my own legal research; study and apply legal etiquette, etc. Acting as my own attorney is emotionally taxing, time consuming, and costly.

Matthew Petrovich has advised me ad nauseum, that through monitoring my website, he has gleaned I am using my “computer” while my son is under my care. He advises me he knows the dates and times of my publishing activities.

Matthew Petrovich openly chastises, criticizes, harangues, and harasses me about using my “computer” while my son is in my custody. He connects my use of my computer, to his custody recommendations to the Court.

I have confronted Matthew Petrovich about his ominous tactics of intimidation and advised him his behavior and activities are interfering with my ability represent myself in court.

Matthew Petrovich is deliberately and maliciously monitoring me to intimidate me and censor my publishing activities regarding the official misconduct of officials within the Ninth Minnesota Judicial District.

The State of Minnesota, via the direct activities of the East Grand Forks Police Department, East Grand Forks City Attorney’s Office (Ronald Galstad), State of Minnesota via STATE OF MINNESOTA VS TIMOTHY CHARLES HOLMSETH has violated the before-mentioned rights of Timothy Charles Holmseth, whereby: In June of 2009 Lt. Detective Rodney Hajicek, EGFPD, telephoned me and asked me if I knew a person named Donna Wagoner.

Per EGF Police Incident Report # 09002015, Lt. Hajicek advised me the Company (Xentel, Inc.) Donna Wagoner worked for did not want me to write anything about them.

Lt. Hajicek advised me he had also received a call from a XXXXXX form XXXXXXX named XXX XXXRY XXXXXXX. XXXXXXXXXXXXXXXX Crystal Sheffield, mother of the missing child HaLeigh Cummings.

XXX XXXXXXX and XXXXXXXX member, Jeremiah Regan, at the time XXX called Lt. Hajicek, was under investigation by the Putnam County Sheriff’s Office, Florida for transporting the missing child HaLeigh Cummings across state lines.

Donna Wagoner was assisting XXX XXXXXXX with media relations regarding a charity (scam) called “HaLeigh Bug” being erected (by Xenetel, Inc.) in the name of the missing child HaLeigh Cummings to obtain donations from generous Americans.

Lt. Hajicek advised me on the telephone he supported Donna Wagoner and XXX XXXXXXX in their requests that I not write anything about them and pressured me to cease and desist.

Art Harris, Busystreet Productions, Georgia, emailed Lt. Hajicek and expressed his outrage that the FBI visited Donna Wagoner’s place of employment (Xentel, Inc.) because of information I (Timothy Holmseth) had provided them regarding a Photoshopped picture of the missing child HaLeigh Cummings being used in an online scam.

According to sworn statements made by XXX XXXXXXX to XXXXXXX, Art Harris was the official “media consultant” working for XXXX and Crystal Sheffield.

Xentel, Inc. is a company with an extensive history of fraud and has been successfully sued by the Attorney General’s Office of multiple states including Iowa, Colorado, Missouri and Ohio.

Lt. Hajicek and EGF City Attorney Ronald Galstad continued developing a relationship with XXX XXXXXXX for several years, and in 2011 they assisted her in obtaining a fraudulent domestic violence order against me, through the XXXXX County, Florida Family Courts, whereby an Injunction on my publication was obtained, using Florida domestic violence law (despite me having never met XXX XXXXXXX nor having entered the state of Florida).

The City of East Grand Forks deliberately withheld and refused my document requests for police incident reports that would have proved I had no domestic relationship with XXX XXXXXXX, had not been to Florida, and never met XXX.

Lt. Rodney Hajicek generated no police report and conducted no investigation when I reported to him that XXX XXXXXXX’s private investigator, William E. Staubs, telephoned me and warned me that if I showed up for the Florida court hearing I would surely be murdered. William Staubs swore to this in a notarized Affidavit.

Multiple witnesses attested to the fact XXX XXXXXXX, XXX XXXXXXX’s (felon) XXXX, brandished an illegal Mini-14 Assault Carbine rifle and boasted it was the gun that was going to kill “Timothy Holmseth”.

The EGFPD arrested me, jailed me, and used the authority of the State of Minnesota to charge me with a crime despite the State having no venue on the matter.

Misconduct complaints against State Public Defender Michael LaCoursiere, and State Prosecutor Ronald Galstad, at my request, were forwarded to the Office of Lawyer’s Professional Responsibility (OLPR) by Honorable Tamara Yon, 9th Minnesota Judicial District.

The Affidavit and Complaint to the OLPR set forth details supporting allegations that Galstad and LaCoursiere threatened to have police officers lie on the stand to convict me if I insisted on a jury trial and didn’t accept a no-contest (Alford) plea.

The Affidavit and Complaint sets forth details of how the EGFPD and State of Minnesota illegally violated my Attorney Client Privilege and generated provably false statements (false quotes attributed to me) (provably false because all statements were surreptitiously recorded by me) in a police report.

The Affidavit and Complaint sets forth details of how the EGFPD and State of Minnesota seized my hard drive and then deliberately ruined it in custody.

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