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When Judge Tamara Yon called Parties to seat for Monday's Motion hearing regarding the secret, un-warranted illegal search of a computer hard-drive that was ruined while in the custody of the State, Timothy Holmseth appeared fully prepared.

But there was a hang up.

East Grand Forks City Attorney Ronald Galsatd told the Judge that he didn't get a copy of the Motion and didn't know there was a hearing until that very morning.

Really?

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Really?

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While claiming he did not know about the Motion hearing until Monday morning, Galstad did appear fully prepared to object to the Motion (that he didn't know about).

Galstad objected that Holmseth filed the Motion under the criminal case file number, asserting it is a civil matter.

Holmseth disagreed with Galstad's assertion the matter should be heard in different forum. Holmseth argued the hard-drive was evidence in the possession of the State of Minnesota when police investigators illegally searched it without a warrant and then returned it inoperable. He also pointed out that neither the EGFPD nor PCSO kept a chain of evidence and his computer could have absolutely anywhere for three and a half months.

Holmseth's position is that misconduct by law enforcement occurred while the police had the hard-drive and the matter is for the criminal court.

Galstad aknowledged Holmseth is accusing him of criminal wrong-doing, but asserted he is not aware of any open investigation of his conduct.

However - it is not that simple.

Honorable Yon is aware that Holmseth filed a complaint against Galstad earlier in the year after Attorney Michael LaCoursiere told him Galstad and the police had a plan to put him St. Cloud State Prison.

Polk County Sheriff Barb Erdman recently acknowledged receipt of Holmseth's request for an internal affairs investigation of the Polk County investigator that searched Holmseth's hard-drive without a warrant.

Holmseth reminded Honorable Yon that Galstad told the Court in January of 2013 that the 'Bureau of Criminal Apprehension (BCA) would not perform a forensic search on Holmseth's hard-drive without another warrant.

Galstad's claims to the Court in January came back to haunt him in December of 2013 when officials at the BCA disavowed any involvement with Galstad or the State's case against Holmseth.

Essnentially - Galstad's references to the BCA were complete fiction.

Galstad's misrepresentation of the BCA shines a light on the fact that, when he could not obtain a warrant to search Holmseth's hard-drive; he took it to the Polk County Sheriff's Office and Sgt. Michael Norland did it with a computer program that would leave no trace of the activity.

During Monday's hearing, Galstad became visibly upset and objected when Holmseth lifted up a plastic evidence bag that was labeled "Minnesota Bureau of Criminal Apprehension." The bag was one of many that was used by the East Grand Forks Police to store Holmseth's property in what has now been exposed as a fake BCA raid.

BCA evidence container used by East Grand Forks Police Department during fake BCA raid

Honorable Yon accepted arguements and took the matter under advisement.

This is a developing story.