Grand Jury by John RemingtonGraham ie: Tim Kinley Judge Ed Cleary
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Grand Jury by John RemingtonGraham ie: Tim Kinley Judge Ed Cleary Document Transcript

  • 1. © John Remington Graham 2009 A BILL FOR AN ACT Providing for periodic inquiry by the grand jury in every county into evidence of bribery, misconduct of public officers and employees, and misconduct of judicial officers; providing for impeachment of public officers; providing for appointment of special prosecutors, and providing a new definition of public defamation; amending Section 628.61 of Minnesota Statutes; amending Section 628.26 of Minnesota Statutes, adding a new Section 609.435 of Minnesota Statutes; amending Section 388.12 of Minnesota Statutes; amending Section 388.10 of Minnesota Statutes; amending Section 388.09 of Minnesota Statutes; amending Section 8.01 of Minnesota Statutes; and amending Section 609.765 of Minnesota Statutes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Section 628.61 of Minnesota Statutes shall be amended by incorporating the present text thereof into Subdivision 1 thereof, which shall be subtitled In general., and by adding a new subdivision which reads as follows: 628.61 MATTERS INQUIRED INTO. Subdivision 2. Certain matters in particular. Commencing August 1, 2006, the grand jury of every county in this State shall diligently and conscientiously inquire into wilfull violations Sections 609.42, 609.43, 609.48, and 609.515 of Minnesota Statutes, including any act of aiding and abetting such violations, at least once every two years, provided in any event that such inquiry be based on evidence amounting to probable cause or at least a reasonable and bona fide prima facie case of wrongdoing identified with intelligible particularity and not sweeping generality in a verified petition upon knowledge, information, and belief of not less than ten citizens of the county in which the offense is alleged to have taken place and qualified to vote in public elections. Such petition shall be filed with the court administrator before the grand jury meets for such purpose. No fee shall be charged for the filing of such a petition. No petitioner shall be subject to liability of any kind, if it fairly appears that he or she has acted on belief of truth, held in subjective good faith. Upon completion of such inquiry, the grand jury shall report by indictment or no bill concerning each public officer whose conduct has been called into question. Such inquiry shall be attended by a special prosecutor who, unless appointed on motion of the petitioners under Section 388.12 of Minnesota Statutes, shall be appointed from the bar outside the county, or from the office of the attorney general, either by the chief justice of the supreme court or, if the chief justice so directs, by the chief judge or assistant chief judge of the judicial district including the county in which the petition is filed or of an adjacent judicial district. If an indictment be returned, the special prosecutor shall proceed upon it. When such an appointment is made, the compensation of such attorney shall be the fair value of his services and reasonable expenses as determined by current legal standards. The cost of such inquiry and of prosecution of any resulting indictment shall be borne by the county in which the grand jury is convened for such purpose, except to the extent that costs of prosecution may be lawfully assessed upon one convicted on such indictment. {PAGE }
  • 2. Section 2. Section 628.26 of Minnesota Statutes shall be amended by adding paragraphs (n) and (o) as follows: 628.26 LIMITATIONS. (n) The limitations in this section shall not expire for any violation of Sections 609.42, 609.43, or 609.515 of Minnesota Statutes, if a proper petition under Section 628.61, Subd. 2, of Minnesota Statutes has been filed within three years of the commission of the offence, unless and until the grand jury conducts inquiry and returns a report. If a no bill be returned under such circumstances, the time for prosecution of such offence shall then and there terminate. (o) No provision in this section shall apply ex post facto. Section 3. Section 388.12 of Minnesota Statutes shall be amended to read as follows: 388.12 ATTORNEY TO ASSIST. The judge of any district court may by order entered in the minutes at any term of court appoint an attorney of such court to act as, or in the place of, or to assist the county attorney at such term, either before the court or grand jury. If the order be entered on motion of the county attorney, the court may proceed ex parte. If the order be entered on the initiative of any person other than the county attorney then in office, the appointment shall be on motion with notice to the county attorney, and founded upon legitimate need, not exclusive of strict or practical conflict of interest of, or manifest abuse of discretion by the incumbent county attorney, or upon consent of the county attorney. When such an appointment is made, the compensation of such attorney shall be the fair value of his or her services and reasonable expenses as determined by current legal standards, paid from the public treasury of the county, except to the extent that costs of any prosecution brought by such special prosecutor may be lawfully assessed upon convicted upon any formal accusation by him or her filed or secured. Section 4. Section 388.10 of Minnesota Statutes shall be amended to read as follows: 388.10 ASSISTANTS. The county attorney of any county of this State is hereby authorized to appoint, with the consent of the county board of the county, one or more attorneys as deputy or assistant county attorneys who shall subject to the supervision and direction of the county attorney, and shall have same powers and duties as the county attorney and hold office during good behavior or until the terms of his employment expire. Each assistant shall be appointed in writing and the assistant’s oath and appointment shall be filed for record with the county auditor. The county board of such county shall fix the salary of each deputy or assistant county attorney appointed under this section to be paid in equal installments at least once monthly upon the warrant of the county auditor. Section 5. Section 388.09, Subd. 1, of Minnesota Statutes shall amended to read as follows: 388.09 OTHER ATTORNEY EMPLOYED. {PAGE }
  • 3. Subdivision 1. When there is no county attorney or the county attorney is unable to perform his duties on account of illness or disability, the county board may employ any competent attorney as acting county attorney until the of the county attorney is again able to serve, or a new county attorney is elected and taken office. The board may on its initiative appoint an attorney to assist the county attorney, but only upon consent of the county attorney or upon strict or practical conflict of interest of the county attorney, and the attorney so appointed may then appear for the county or any county officer in any action or business concerning which the county attorney have given consent or is disqualified by strict or practical conflict of interest, or advise the board or its members in relation to such action or business action, or in relation to any other matter affecting the interests of the county. The county may pay any attorney appointed under this section out of the funds of the county. Section 6. Section 8.01 of Minnesota Statutes shall be amended to read as follows: 8.01 APPEARANCE. The attorney general shall appear for the State in all causes in the supreme and federal courts wherein the state is directly interested; also in all civil causes of like nature in all other courts of the State whenever, in the attorney general’s opinion, the interests of the State require it. Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper. Upon request of the county attorney, the attorney general may assume the duties of the county attorney in sexual psychopathic personal and sexually dangerous commitment proceedings under Section 253B.185. Whenever the public safety appears to require it and the governor so requests in writing after first consulting with and hearing from the county attorney, the attorney general shall in lieu of the county attorney prosecute any person suspected of an indictable offense, but in any such case the attorney general may initiate prosecution only by attending upon the grand jury. Section 7. A Section 609.435 shall be added to Minnesota Statutes as follows: 609.435 IMPEACHMENT OF PUBLIC OFFICERS: Any public officer incumbent and identified in Article VIII, Section 2 of the Minnesota Constitution of 1974 may be impeached by the House of Representatives and tried in the Senate upon a petition received by the Speaker or the Clerk of the House of Representatives and by the Speaker referred to an appropriate committee of the House of Representatives, provided that such petition make out a reasonable and bona fide prima facie case of wrongdoing defined by Sections 609.42, 609.43, 609.48, or 609.515 of Minnesota Statutes, provided that such petition identify the wrongdoing with intelligible particularity and not sweeping generality and be verified upon knowledge, information, or belief of not less than two hundred fifty citizens of this State qualified to vote in public elections; provided further that such committee of the House, upon hearing the evidence presented in a manner customary for legislative proceedings, find probable cause and recommend a bill of impeachment; provided further that such bill plead with particularity required for a criminal accusation in the district court; and provided further that a majority of all members of the House vote affirmatively for such bill. The trial in the Senate shall be subject to rules of evidence used in criminal cases before the district court, nor shall anyone be convicted on such bill except on concurrence of two-thirds of all senators present. The admissibility of such evidence shall be determined by the president or president pro tempore, subject to such legal advice as he or she sees fit to secure. No limitation on time as previously applied or shall {PAGE }
  • 4. apply in the future to impeachment. And no petitioner shall be subject to liability of any kind, if it fairly appears that he or she has acted on belief of truth, held in subjective good faith. The pendency of proceedings for a crime or misdemeanor proposed for impeachment in the district court, or conviction or acquittal thereon shall constitute a bar to proceedings on impeachment, nor shall bills of address be allowed against judicial officers. Nothing in this provision shall be construed to limit the right of a member of the House of Representatives to introduce a bill of impeachment according to rule or custom of the body, provided that the other provisions of this section, so far as applicable, be observed. Section 8. Section 608.765 of Minnesota Statutes shall be amended to read as follows: 609.765 CRIMINAL DEFAMATION. Subdivision 1. Definition. Defamatory matter is anything which exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society, or injury to business or reputation. Subd. 2. Acts constituting. Whoever with knowledge of its defamatory character, and with knowledge of its falsity or with a high degree of awareness of its probable falsity publishes or communicates either in writing or by any other means any defamatory matter to a third person without the consent of the person or persons defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Subd. 3. Burden of pleading and proof. The State shall have the burden of pleading and proof in establishing all elements of the offense beyond a reasonable doubt as defined in subdivisions 1 and 2. The offense may be made out by circumstantial evidence showing the difference between what the defendant knew or was aware of and what he or she said. Subd. 4. Justification. In any event, the defendant shall have the right to set up the defense of justification upon showing by fair preponderance of the evidence either (1) that publication or communication was effected in circumstances of absolute privilege; or (2) that the publication or communication was true; or (3) that the publication was believed true in subjective good faith; or (4) that the publication or communication consisted of a fair and true report or summary of what was said in judicial, legislative, or other public or official proceedings; or (5) that the publication or communication was between persons, each having a bona fide moral or legal interest or duty with respect to the subject matter of the communication, and was effected with honest intent to further such interest. Subd. 5. Testimony required. No person shall be convicted under this section on the basis of an oral publication or communication of defamatory matter, except upon the testimony of at least two other persons that they heard and understood the oral statement in question and understood its defamatory character, or upon plea of guilty. Section 9. This Act shall take effect on August 1 following approval of the governor or the enactment thereof. {PAGE }
  • 5. {PAGE }
  • 6. Page 1 of 2 Subj: FW: Judge order Kinley released from jail...Kinley still in jail Date: 2/16/2010 5:56:23 P.M. Central Standard Time From: repo@repo.net To: dmashak@aol.com Hello Find attached the continuing saga of Tim Kinley, the man jailed for fighting and appealing a court order prohibiting him From teaching religion to his own children using the bible. For those among you that place your devotion to your religion among your reasons to support the Republican Party, Please note that we have a Republican Governor that could pardon the man, but chooses not so. In fact, please note that I met Tim McKinley not through church, but through his association with a Judicial Reform and Accountability group. A group he joined exactly for the reasons of ensuring that the first amendment rights of each of us Would not be trampled again… So no one else would have to have their lives and relationships with their children destroyed By tyrannical judges who know bounds for their power. My defense of Tim Kinley comes from my concern regarding all of Our 1st Amendment rights, not because I share his religious views. I just think our first amendment guarantees his freedom To practice his religion as much as he wants and my right to practice my religion as little as I want. Tim Kinley was also the camerman who went up to the capital with a citizen report to ask Representatives and Senators Why they were against judicial reform. Prior to this, they tried making appointments but almost all representatives and senators Refused. I assert that Tim Kinley is in jail as much as a means of retaliation for this as for using the bible to teach religion to His children. (The citizen reporter was issued a bogus “no trespassing on the capital” by capital security, unless she had an Appointment to see a representative or senator, and of course none will make an appointment with her) And therefore, I further assert, that the Judges and the powers that keep Mr. Kinley in jail to prevent him from assisting in bringing Forward Judicial Reform and accountability legislation which can be found here http://donmashakjudicialreformaccountability.blogspot.com/ And GRAND JURY LEGISLATION THAT IS ATTACHED. Sometimes I read this stuff and wonder if I have woke up in the former soviet union or Nazi Germany. This is not the America I see envisioned in the constitution nor the one taught to me in high school civics. Those were my thoughts. Best Regards, Don Mashak The Cynical Patriot 612-723-7780 This message may contain confidential or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation. Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 7. Page 2 of 2 From: Nancy Sent: Tuesday, February 16, 2010 3:52 PM To: Cc: Subject: Judge order Kinley released from jail...Kinley still in jail St. Paul, MN February 19, 2010 At approximately 10:30AM today Judge Cleary of the Ramsey county district court ordered the immediate release of Tim Kinley from jail. Judge Cleary is the judge that issued the warrant and ordered that Kinley be put in jail. If you remember, Kinley is in jail for being a Christian. The courtroom was packed to overflow with supporters of Kinley. The judge would not allow anyone to stand while he was sitting, so he ordered the people standing to leave the courtroom. Jill Clark, attorney for Kinley, presented four separate arguments as to why Kinley should be immediately released. The attorney for the county (who has originally moved the court for the order to put Kinley in jail) did not respond in writing to Clark's motion. However, at the hearing today in front of Judge Cleary, the county attorney agreed with two of the arguments why Kinley should be released. Upon the county attorney agreeing that Kinley should be released, Judge Cleary ordered the immediate release of Tim Kinley. Even though the judge ordered the immediate release of Kinley, Kinley remains in custody. During this process of fighting for his right to parent his children, the county had Kinley's driver's and occupational licenses suspended. Kinley exercised his right to travel and was arrested by police. Kinley was to appear in Carver county on January 19th on the charge of driving after suspension. Kinley was in jail Jan. 19th. The jail was supposed to transport Kinley to the hearing in Carver county court, but refused. The judge in Carver county then issued a warrant for Kinley's arrest. So the moment Kinley changes into street clothes at the Ramsey county workhouse, he will be taken into custody by the Carver county authorities. It is unknown what will happen in Carver county and if and when any bail will be set. Nancy L Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 8. Page 1 of 5 Wed. 17Feb10 TIM KINLEY: Political Prisioner CUT THE COURT BUDGET'S Legal Notice to the Chief Justice MN Courts MS2.724 eric.magnuson@courts.state.mn.us Clerk fred.grittner@courts.state.mn.us State Court Administrator sue.dosal@courts.state.mn.us Sheriffs bob.fletcher@co.ramsey.mn.us bud.olson@co.carver.mn.us Governor tim.pawlenty@state.mn.us Vicky.Carlson@courts.state.mn.us MEDIA ET AL ISSUES: Balance the Courts Budgets on the backs of the poor ie: Tim Kinley et al placing Burdons on the Sheriff,County Boards Budgets the Courts ie:Judges have created heinous,repugnant budget debits, for non violent crime since 1996. SECRET COURTS TRIALS on the backs of the Taxpayers denied "due process" by "Elected" Judges must be abated with public scrunity. ABOLISH ADMINISTRATIVE COURTS, SPECIFICALLY SCAP PANEL. Affiant Sharia4Law@aol.com ie: SharonScarrellaAnderson also victim of the Courts denial of due process, pdf format etc. with another www.lufsky.blogspot.com in the System over 25 years NEVER RULED INCOMPETANT, "but for" heinous Secret Commitment Panels made up of "Judges" http://www.angelfire.com/mn3/andersonadvocates/panelorder.html 2002 updated: http://www.slideshare.net/Sharon4Anderson/supreme-courtcommittment-panel- 2008joanne-smith 2008 NOTE: Retired James D. Gibbs was/is the Anoka Co. Attorney who has with Malice kept Lufsky in the System over 25 years. Costing the Taxpayers Million of dollars. Apparantly Tim Kinley was denied "due process" while incarcerated in Ramsey County Workhouse, to be transported to Carver Co. for "Bogus" driving after suspension> Carver County Court Services www.co.carver.mn.us 604 East 4th Street Chaska, MN 55318-2357 (952) 361-1460 Get directions Contacts County Attorney (952) 361-1400 Jail (952) 361-1145 Sheriff's Office (952) 361-1212 sheriff_info@co.carver.mn.us Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 9. Page 2 of 5 Thanks Don and Nancy for update Tim should have had all issues resolved, The alternative is to cut the Budget for the Courts as Inflated, denial of due process" etc. The Courts "CEO" Justice Eric Magnson must be held accountable in their operations. The Kinley Case is costing the Taxpayers a Fortune From: repo@repo.net To: dmashak@aol.com Sent: 2/16/2010 5:56:23 P.M. Central Standard Time Subj: FW: Judge order Kinley released from jail...Kinley still in jail Hello Find attached the continuing saga of Tim Kinley, the man jailed for fighting and appealing a court order prohibiting him From teaching religion to his own children using the bible. For those among you that place your devotion to your religion among your reasons to support the Republican Party, Please note that we have a Republican Governor that could pardon the man, but chooses not so. In fact, please note that I met Tim McKinley not through church, but through his association with a Judicial Reform and Accountability group. A group he joined exactly for the reasons of ensuring that the first amendment rights of each of us Would not be trampled again… So no one else would have to have their lives and relationships with their children destroyed By tyrannical judges who know bounds for their power. My defense of Tim Kinley comes from my concern regarding all of Our 1st Amendment rights, not because I share his religious views. I just think our first amendment guarantees his freedom To practice his religion as much as he wants and my right to practice my religion as little as I want. Tim Kinley was also the camerman who went up to the capital with a citizen report to ask Representatives and Senators Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 10. Page 3 of 5 Why they were against judicial reform. Prior to this, they tried making appointments but almost all representatives and senators Refused. I assert that Tim Kinley is in jail as much as a means of retaliation for this as for using the bible to teach religion to His children. (The citizen reporter was issued a bogus “no trespassing on the capital” by capital security, unless she had an Appointment to see a representative or senator, and of course none will make an appointment with her) And therefore, I further assert, that the Judges and the powers that keep Mr. Kinley in jail to prevent him from assisting in bringing Forward Judicial Reform and accountability legislation which can be found here http://donmashakjudicialreformaccountability.blogspot.com/ And GRAND JURY LEGISLATION THAT IS ATTACHED. Sometimes I read this stuff and wonder if I have woke up in the former soviet union or Nazi Germany. This is not the America I see envisioned in the constitution nor the one taught to me in high school civics. Those were my thoughts. Best Regards, Don Mashak The Cynical Patriot 612-723-7780 This message may contain confidential or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation. Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 11. Page 4 of 5 From: Nancy Sent: Tuesday, February 16, 2010 3:52 PM To: Cc: Subject: Judge order Kinley released from jail...Kinley still in jail St. Paul, MN February 19, 2010 At approximately 10:30AM today Judge Cleary of the Ramsey county district court ordered the immediate release of Tim Kinley from jail. Judge Cleary is the judge that issued the warrant and ordered that Kinley be put in jail. If you remember, Kinley is in jail for being a Christian. The courtroom was packed to overflow with supporters of Kinley. The judge would not allow anyone to stand while he was sitting, so he ordered the people standing to leave the courtroom. Jill Clark, attorney for Kinley, presented four separate arguments as to why Kinley should be immediately released. The attorney for the county (who has originally moved the court for the order to put Kinley in jail) did not respond in writing to Clark's motion. However, at the hearing today in front of Judge Cleary, the county attorney agreed with two of the arguments why Kinley should be released. Upon the county attorney agreeing that Kinley should be released, Judge Cleary ordered the immediate release of Tim Kinley. Even though the judge ordered the immediate release of Kinley, Kinley remains in custody. Wednesday, February 17, 2010 AOL: Sharon4Anderson
  • 12. Page 5 of 5 During this process of fighting for his right to parent his children, the county had Kinley's driver's and occupational licenses suspended. Kinley exercised his right to travel and was arrested by police. Kinley was to appear in Carver county on January 19th on the charge of driving after suspension. Kinley was in jail Jan. 19th. The jail was supposed to transport Kinley to the hearing in Carver county court, but refused. The judge in Carver county then issued a warrant for Kinley's arrest. So the moment Kinley changes into street clothes at the Ramsey county workhouse, he will be taken into custody by the Carver county authorities. It is unknown what will happen in Carver county and if and when any bail will be set. Nancy L LEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, Sharon4 Anderson - Google Profile Candidate AG2010 www.sharonagmn2010.blogspot.com Blogger: User Profile: Sharon Anderson SharonsYahoo! iGoogle Homestead Act of 1862 Twitter / Sharon4Anderson Shar1058's Buzz Activity Page - My Buzz Activity - Yahoo! Buzz neopopulism.org - Pro Se Dec Action Litigation Pack Sharon4Anderson | Scribd Document's are based on SEC filings, Blogger: Dashboard Home | FAIR USE NOTICEThis site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of whistleblower protection issues, MY FindLaw SharonsWritProA06_1150_30Jun06_26 The CAN-SPAM Act: Requirements for Commercial Emailers kare11.com_SA Sharons-Psychic-Whispers: Sharons Gypsy Curse-Court-Cop Corruption 3Apr0http://www.givemeliberty.org/RTPlawsuit/courtfilings/Docket.htm Sharon4Council: DLJ Managment v. City St. Paul A06- 2118,Money LaunderinNo direct un-apportioned tax confirmed by the US Supreme Court rulings in CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937) g andFCC Complaints - http://sharons-copywrite.blogspot.comknowledge gained as financial journalists , http://taxthemax.blogspot.com securities they recommend to readers, affiliated entities, employees, and agents an initial trade Public domain recommendation published on the Internet, after a direct mail publication is sent, before acting Google Search Times v. Sullvian Libel with malice - on that recommendations, and may contain errors. Investment decisions should not be based solely on these or other Public Office documents expressly forbids its writers from having financial interests in Google Search BlogItBabe2007 Candidate profile Sharon4Anderson's Legal BlogBriefs Sharon4And /s/ Bill Dahn 42 USC 3631 Homestead at 256 Morton St. W.St.Paul,MN ECF:#P1291866 Ojj_Sioux #408B1911 www.billdahn.com www.billdahn.blogspot.com http://www.mklaw.com/documents/20090226105116227.pdf Homestead Act of 1862 Wednesday, February 17, 2010 AOL: Sharon4Anderson