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Submitted 08/05/13 - Minnesota District Court

Submitted 08/06/13 Minnesota Attorney General

Official Misconduct / Constitutional Violation

  1. The State of Minnesota has paid a guardian ad litem of the 9th Minnesota Judicial District, a regular wage, to actively monitor a publication, which regularly publishes information regarding misconduct and corruption alleged to be occurring within the 9th Minnesota Judicial District, while the guardian ad litem is simultaneously assigned to the child custody case regarding the publishers child, and required to make recommendations to the Court regarding the child.
  1. The following facts and circumstances exist:
    1. Timothy Charles Holmseth, journalist/publisher, conducted interviews and research about a kidnapping case and learned sensitive information about the child’s disappearance; he published the information
    1. The veracity and importance of the information Holmseth obtained about the kidnapping was enough to cause the Jacksonville, Florida FBI office to request the Minneapolis FBI interview Holmseth and obtain audio recorded journalistic interviews from him
    1. Holmseth began to receive telephonic threats warning him the State was going to take his children away from him if he didn’t be quiet about the missing child
    1. Holmseth was told by callers that child abuse charges would be made against him by his own child’s mother if he didn’t be quiet about the missing child
    1. Holmseth was told by callers that “CPS” and “State’s Attorneys” were going to come after him if he didn’t “stop it”
    1. Holmseth reported the threats to local police but the local police would take absolutely no action to investigate or protect him
    1. Child abuse claims were made against Holmseth by his child’s mother and his son was taken away until an investigation (that ultimately cleared him) was conducted
    1. Ronald Galstad, State Prosecutor in the 9th Minnesota Judicial District, along with local police, signed an arrest warrant for Holmseth and put him jail
    1. Ronald Galstad could not secure a conviction because the State never established Venue to file the charges or make the arrest in the first place
    1. Michael LaCoursiere, public defender, State of Minnesota, 9th Minnesota Judicial District, told Holmseth that Galstad was going to call police officers to the witness stand to lie if Holmseth insisted on a jury trial and didn’t plead no-contest
    1. Holmseth began the course of action of a Whistleblower, and started to publish information to inform the community about what was occurring
    1. The local police seized Holmseth’s computer hard-drive and ruin it before returning it
    1. Matthew Petrovich, guardian ad litem, began (continued) to email Holmseth and make references to Holmseth’s articles and stories about misconduct and criminal activity in the 9th Minnesota Judicial District, while simultaneously mentioning Holmseth’s child custody case, and advising Holmseth he must not care about his son if he chooses to spend so much time publishing and using his computer
  1. The State of Minnesota is violating the rights of Timothy Holmseth, Whistleblower. The First Amendment to the United States Constitution protects Timothy Holmseth from a State sponsored monitoring program of his publication. The circumstances are aggravated by the fact the guardian ad litem monitors the activities of Holmseth’s publication, and then makes contact with Holmseth regarding his stories, and during those contacts, suggests the stories will influence his custody recommendations to the Court regarding Holmseth’s child?
  1. Timothy Holmseth’s protections under the Constitution of the State of Minnesota, Article 1, Section 3, Liberty of Press, are being infringed upon, whereby the State of Minnesota has paid an employee to monitor Holmseth’s website, and make contact with Holmseth regarding his stories, and during those contacts, suggest the stories will influence his custody recommendations to the Court regarding Holmseth’s child?