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August 14 , 2013
Ninth Minnesota District Court: Author argues constitutional violations and intimidation by officials
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 Tamra Yon. The Court receievd 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
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 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. www.writeintoaction.com is a legal publication of good repute that openly discusses matters of the public’s interest. 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. 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 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 Cour.
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.
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