MySpace

United Peoples Rights Organization | CPR | F4J | Poll Finder | View All Blogs
Helping the Kids

H D


Last Updated: 3/26/2009

Send Message
Instant Message
Email to a Friend
Subscribe

Status: Divorced
City: Anoka
State: Minnesota
Country: US
Signup Date: 8/21/2006

Blog Archive
[Older      Newer]
 /  / 
Thursday, September 10, 2009 

Current mood:  disgusted
Category: News and Politics
I witnessed a judge even after being properly served notice that the federal government has taken over jurisdiction of his custody case, still go forward and issue not only a bench warrant for his arrest on the basis of his failure to appear but also a warrant for his arrest because he failed to start paying child support.

The facts of his case are that he won a supreme court ruling in MN, stating that the family courts can't use religion as an excuse to deny a parent custody.  So after the case was won he has been fighting to resolve the custody dispute and there has been continuances and continuances as they kept avoiding the issues he has been bringing up.  Tim has requested a jury trial, he has requested that the judge that was adjudicated as violating his constitutional right to removed from the bench and to immediately restore his parental rights to what they were prior to the last judge abusing her powers which is joint custody.  We all theoretically have joint custody when we enter the  courtroom initially but that is not how case law has been going over her.  Regardless, his children are almost all grown up now, suffering from emotional dmage because their father has been removed for the last 10 years and worst of all, this could have all been avoided if the state would be in compliance with Natural Law.  This man has never drank in his life, is law abiding and cares deaply about people and yet, he is being treated like a criminal, a slave and now a fugative.

So we go to personally serve the judge prior to the hearing to let him know that his jurisdiction has been removed to federal court.  After arguing with the court administrator for about an hour about the judge avoiding service of process the judge finally agreed to be served and then still went ahead with calling his case.  The other party wasn't present and neither was Mr. Kinley but the Associate Country Attoreny from Ramsey County was there acting on behalf of the child support agency aka DHS and every other special interest group at the capitol.  As a result the judge ignored Mr. Kinley's written arguements challenging jurisdiction and went ahead with the counties default judgements as requested by the county attorney.

One more screwy thing about this case is, prior to this last hearing the judge called in sick and then issued an order saying and alleging all sorts of facts, one of which said that he has to pay child support or else be arrested.  Mr. Kinley appealed the decision and had to request from the same judge who issued the unlawful order to approve his informa poperious application but she wouldn't because that would have meant that she was stating his appeals were not frivoulous.  Talk about the fox gaurding the hen house and then when he did get to the appeals court the only argument they heard was wheather or not he was entitled to be represented and since MN case law is that parental rights aren't a fundamental right that his in forma poperious applicationw as denied.  Another old bait and switch game these stupid courts keep playing which is why he is now trying to go federal with the case but even that may not happen do to some stupid technicallity.  It's all in the books and we all need your help. 

For starters call Governor Pawlenty of MN and tell him to release Tim Kinley with the information below.  -HD

To contact Governor Tim Pawlenty and Lt. Governor Carol Molnau, please write, phone, fax or e-mail.

Mailing Address:
Office of the Governor
130 State Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Other ways to reach his office:
Telephone: (651) 296-3391
Toll Free:    (800) 657-3717
Facsimile:   (651) 296-2089
E-mail:        tim.pawlenty@state.mn.us


Wednesday, August 12, 2009 

Current mood:  disgusted

Ok some of you have heard I have been arrested.  Well it’s true as these last few months have really been hectic as I have been arrested 3 times since Feb fighting for myself and my kids. 

 

It all started when my ex was out of town and her boyfriend went to pick the kids up after school.  I brought my video camera just incase there were problems as I wasn’t really even sure if she was out of town.  When I got to the school across the street to pick my kids up, there was her boyfriend.  I went to the car with my camera concealed as he was trying to load up my children.  I asked him where my ex was and he said she would be home soon.  I responded Well she can call me when she gets home and she can have the kids then.  At this point he said, no it’s my right.  He then proceeded to get out of the car and push me away from the car door.  Because of the camera and the wire strap that is connected to the video camera, my hand got stuck in the door.  My ex’s boyfriend continued to push on the door and put me in a wrestling hold while I was pressed up against the back of the car.  I then hit him with my left hand right on the chin to where his eyes began to roll back inside his head.  I then told him I will F’n kill you man with my fist in his face.  At this point he then slammed the car door to the point where it was latched with my hand inside the door jam and my wrist was the only thing sticking out.  My ex then tried to swing at me again, to where I countered his punch and said, I will F’n Kill ya.  He then regrouped and came at me again to where I countered his advance put my fist in his face and said Get the F away from me.  He then Regrouped and came at me again to where I countered his advance and put my fist in his face again and said, Get the F away from me.  He was coming at me again when I finally got my hand out of the door at which pint he called 911 and was then backed off once he saw my hand was free. 

 

When the police arrived they talked to my ex’s boyfriend and then loaded my kids up in his car then went over and arrested me.  I told the officers I had a video camera with me if they wanted to see what really happened and they said no and arrested me in front of my kids right on the spot.

 

I then went and applied for a harassment order against him.  He went to another county and got one ex parte meaning, the judge issued it without a hearing.  The harassment order I filed in ....Anoka.... county required me to go before a judge and the judge threw it out because I included my children on it.  I made constitutional and jurisdictional challenges in that the he wasn’t a party to the divorce and so he has no rights to my children for which the ....Anoka.... courts didn’t care.

 

I then scheduled a hearing in Hennepin county for the harassment order my ex’s boyfriend got against me and in the meantime, my ex stopped letting me see the kids.  I also filed a harassment order against my ex and the courts threw it out for the same reason, it should have been in family court. 

 

Regardless, I went to Hennepin county and made a jurisdictional challenge that the courts don’t have jurisdiction to limit or remove me from my children’s home, for which they agreed.  2 day’s prior to the challenge my girlfriend at the time went to my ex’s house over my parenting time and tried to negotiate with my ex wife without my permission.  As a result I get charged with violating the temp restraining order in ....Anoka.. ..County..... 

When I finally get to trial on the ex’s boyfriend restraining order, both him and my ex failed to testify credibly that I committed harassment which was the same thing as the assault charges.  In other words the judge ruled they are both liars and made a specific order specify such.

 

So then I go back to Anoka county to face the assault charges and the violation of the restraining order for which I had the orders from the courts in Hennepin county but the prosecutor wasn’t budging, so I requested a formal complaint hoping that maybe I could get some sworn statements as to what really happened, instead in the formal complaint another officer reads the police report and then swears that what he say’s is true to the best of his knowledge, which is hearsay upon hearsay for which now the prosecutor also adds as a disorderly conduct charge.  I complained to the judge and they still felt they had prima facia or probably cause evidence.

 

Meanwhile, while all this was going on I was making constitutional challenges to the child support statutes and requesting a change of custody due to deprivation of parenting time which was really pissing my ex off.  The police weren’t getting involved at first but I got a judge to tell me how to get them to do their job.  So the police are doing an investigation and so my ex and her attorney say, that according to the divorce decree my parenting time was conditioned upon me signing over an old psychological evaluation which has already been taken care of but they lied and twisted thing up.

 

We have had 4 judges since the divorce first started, the first one is on administrative leave for failing to pay his taxes and the rest of the judges we have had are stupid as stupid does and as expected were just doing as little as possible.  Regardless, the judge didn’t have much on me but granted my ex the relief she was seeking and blew my whole deprivation of parenting time case out the window and gave her a get out of jail free card while still giving me a chance even though he screwed me again.

 

So here we are on Fathers day without my children, so I dust off the old Captain ....America.... outfit and put together a sign to carry down to the court house.  On the sign it said, Happy F’n FatherLess Day!  On the other side the sign read, Think Your Family Is Safe, Wake Up People!  Since I don’t have a license to drive on Sunday’s due to failure to pay child support of $2300 a month without a job, I set out on foot from my house in the morning.  I made it about .5 miles before the ....Coon Rapids.... police showed up as I was walking down the side walk. 

 

The officer yelled hey I want to talk to you.  I said, am I being detained Sir because I don’t really want to talk to you.  He said, give me your ID, I said, am I being detained Sir.  He then said, take off your mask, I said Sir, I would rather not, am I being detained?  He then said take off your mask again and then another officer that I didn’t see hit me in the back of the head and neck and knocked me to the ground while breaking my sign.  They were trying to smash me into ground as I managed to keep my face from hitting the concrete.  The robo cop then said, your are under arrest put your hands on the car so I crawled over to the car with both of them on my back and put my hands on the car.  The robo cop kept saying stop resisting arrest.  I said, Sir I am not resisting.  The officer kept yelling stop resisting as he was twisting my arms and shoulders around.  I again reassured him, I am not resisting, I am in full compliance with all your demands.  The officer kept doing this to where I said, Sir, I have a bad shoulders and you are about to pop my should out of socked so please stop, you are scaring me.  The officer then threatened to taser me.  I said, Sir I am not resisting please don’t taser me.  The officer then said, that’s it I am going to taser you twice, Ready and was putting his hands on his taser.  I then said, for God’s sake man give me the cuffs I will put them on if you can’t, just don’t taser me because I am not resisting.  The officer was scared once witnesses started showing up and came back to the car twice to yell and slam doors on me accusing me of setting him up.  I reassured him, I had no idea what he was talking about and that I didn’t know any of the witnesses personally.  Regardless the officer took me to jail and I was booked and released.

 

Now, a couple weeks later, my girlfriend and I get into a heated discussion over who was going to leave.  Unbeknownst to me she calls the police and I left the house to get way.  When I left the house, I took my pistol with me because I didn’t think it was safe for it to be there.  There were many reasons I took my pistol with me.  For one I always travel with my handgun and given the fact that my girlfriend is clinically depressed and has threatened to kill herself many times along with the fact that her son right before he was 18 stole my gun and so I took it with me while it was unloaded and was locked in it’s case.  I didn’t show it in a threatening way or anything like that.  Regardless, I left my pistol in my truck once outside and decided to just go for a walk.  I went for a walk because my temporary license didn’t allow me to drive past ..8pm.. and felt I better just call a friend for a ride.  As I was calling a couple of friends to come pick me up I noticed police cars coming into the neighborhood and then a helicopter.  My girlfriend tried to call off the police but they refused and kept saying I committed domestic assault. 

 

About an hour later, I get a call from one of the police officers to where I started by saying, I am unarmed, I am no treated to anyone and myself and then he said, well we need to talk and I said, let’s talk.  He said, no you need to come out.  I said, for why and he said you assaulted your girlfriend.  I said, I didn’t not assault anyone and she will tell you that too.  He said, it’s doesn’t matter we are going to get you because we have dogs and a helicopter.  I said, well can you guarantee my safety and that you won’t hurt me for which he said, well….  I said, that doesn’t sound very convincing, he said, well when you come out, lay down on the ground face down and we are going to put the cuffs on you and you will be arrested.  I asked him, how can you be sure they won’t rub my face in the concrete, for which he didn’t respond and then my phone then lost signal and the call was ended. 

 

The officer then called back again, and I said, how about we meet someplace?  He said, where?  I said, how about I come to you, where are you and then he said ah, ah no.  He then said, where are you, are you North or South of the Helicopter.  I said hold on, I am coming out, don’t hurt me, I am unarmed and I am no threat to anyone.

 

So I came out and when I got the police car that I could see, the doors were open, the lights were on and no one was around so I kept going.  At this point, I went to a friend’s house and then called my mom and told her to call the police and to stop wasting gas in the helicopter because they weren’t going to get me that night and that I would get in touch with them tomorrow to arrange a meeting.  The officer threatened my mom and said they had dogs and a helicopter and that they were going to find me.

 

The next day, I went home, took a shower, took a nap and then headed up North.  When I got up North 2 counties away, I checked my voice mail on my cell phone in the driveway of the place I went to.  About 45 minutes later the police showed up and when my friend answered the door the police grabbed her and threw her outside.  She said, where is your warrant?  The police said, we don’t need one where is he?  She said, where is your warrant again and he said it’s here and proceeded to come into the home.  She said, under was authority of law do you have to enter my home without a warrant.  And he said, lady I am the law, I don’t need one, now get out of my way.  She said, I want to see a warrant and he said, it’s in the car on the way and she said, well then get out of my home until I see the warrant and he said no, I am not leaving and then they proceeded to search the home.  They found me and I was arrested without incident.  The officers were starting to ransack my friends home and I pleaded with them to not trash her house as it was unnecessary for which they paused and then stopped.  They were like animals and kept trying to justify their violations as protecting themselves.  My question is if I was really as bad as they thought I was, the officers could have been hurt in that situation and they were lucky I am not a violent person.  I could have had the officer when he came into the room I was at and he knew it because he about fell to the floor when I whispered hello in his ear when I was 6 inches away from him and he hadn’t even seen me yet.

 

So here I was arrested in ....Benton.... county about ..4pm.. the next day on Saturday and was taken to their jail to await transport by the ....Coon Rapids.... police.  I was transported to the ....Anoka.... county jail to await my bail hearing on Monday. 

 

I am woken up at ..6 am.. Monday morning to go before the judge and at ..11 am.. I went before the judge in my green jumpsuit and cuffs and made my arguments.  I refused the public defender and proceeded with a constitutional and jurisdictional challenge based on the state statutes violate my equal protection rights in that a regular assault requires sworn statements and domestic assaults only require hearsay.  The judge agreed with me but said he wasn’t going to change the law today.  I kept pressing the issue but the judge was like look this is only a bail hearing and refused to take appropriate actions as his office requires.  The prosecutor got a letter from the domestic violence shelter saying that I did commit domestic abuse for which I objected and lost and the prosecutor asked for $6000 in bail and a no contact order.  I objected as my girlfriend didn’t want the no contact order and stated the bail was in violation of my due process rights for which the judge again agreed but still set my bail at $1000 and let me go.

 

Ok, so here I am, I made bail and I am getting out of jail but then minutes before I was going to be released the nurse from the jail gets a letter from the prosecutor that my ex wife had written with the police officer signature saying to evaluate me before releasing  This is the same officer that wouldn’t guarantee my safety, Officer Larson of Blaine.  They didn’t like what had happened in the court room and so the jailers decided to put me on a 72 hour medical emergency hold.  So instead of being free I am now transported to ....Mercy.. ..Hospital.... for an evaluation.  They ask me a few questions and then they commit me saying I was delusional and paranoid and that there must be a reason I was there otherwise I wouldn’t be there.  They claimed that I was delusional because I claimed to have chemical engineering degree, had jobs in IT and worked for GE, the ....University.. of ..Minnesota...., Guidant and the State of ....NY...., was a lobbyist and an elected official.  All of which is true but they locked me up anyways.  So then they diagnose me as being bi-polar and wanted to commit me for 6 months so they could force me to take medications.  The whole time I was there I was having neck spasms from the uncomfortable beds and from the police brutality on Fathers day that was getting worse by the day.  I kept asking for some Aleve pain pills but they would only offer me Schizophrenic or Bi-Polar medicine saying it will help me relax.  I kept telling them no, I need Aleve and I need at least 750 mg every 12 hours for which they wouldn’t give me and so now as a result I have severe pain and numbness in my right arm and hand that hasn’t gone away yet.

 

So here I am locked up in the mental ward against my will and now the hospital is wanting to commit me for 6 months.  Luckily there was some sort of checks and balances in that the hospital had to get approval from the DHS in order to proceed with the commitment process.  The representative from the DHS was luckily a reasonable person and was able to see through all the BS from my EX, the police and laws and decided not to pursue the commitment process.  The county prosecutors could have still went forth with the commitment process which was really scary because I was trying to get them all fired for malfeasance when they decided not to press charges against my ex for deprivation of parenting time.  I was going after the prosecutor’s office for aiding my ex in her felony crimes of deprivation of parenting time but they stated once the police finished their investigation that it was a family law matter and not a criminal even though the law say’s otherwise and so I didn’t trust them at all.  The scary part is, the DHS get’s to go in front of the judge and you don’t even get to be there when they decide to take your liberty away and lock you up.  What’s even worse is about 25% of the patients I saw in the hospital were in the same boat as me except I had people helping me get out.

 

Regardless, I get out the 72 hour hold, not sure but I think the doctor even reversed her diagnosis saying to me in an Indian accent from ....India...., we are like police and we need to investigate, we can’t just take your word for it.  I said, look we are going to have to agree to disagree, I don’t know all the problems or solutions to your practices but I know you need to do a better job of protecting the peoples liberties. 

 

I am not sure exactly what is in my medical records as the hospital still hasn’t release my medical records yet.  Both me and my attorney have tried to get copies of my medical records and even to this date the hospital is giving us the run around.  Wonder what they are hiding?

 

So I go to my next court appearance for the Father’s day stint and the prosecutor tries to say I was in violation of my bail agreement for the Domestic assault and wanted to add some other conditions to my release.  Luckily the judge saw through it and blew him off because it was unrelated but it goes to show how desperate the public officials are at trying to make me look bad.

 

I am completely innocent of all charges and I along with my children and the public are the real victims here.  It goes to show that if the police or prosecutor don’t like what the judge say’s they can go around the judge and jam you up another way.  The judge had already let me go and they are trying like mad to make me look bad. 

Monday, June 22, 2009 
Police Brutality 10am Anoka MN-->Father arrested and attacked by Coon Rapids Police Department on Fathers Day for exercising his 1st Amendment rights walking in front of Menards on Main St and Hwy 10.  The Father dressed up in a Captain America outfit with a grocery bag over his head and a sign at the top of a pole about 6 feet tall. 

The father asked the police officers when they approached if he was being detained for which they just proceeded to tackle the Father from behind.  The sign the father was carrying said, "Happy F*%$ing FatherLess Day".  On the other side of the sign it said, "Think Your Family is Safe?  WAKE UP People".  The bag over the Fathers face had two eye holes and a frown face with tears running down it's cheeks.  On the faces forehead was written the word "HELP" and on the back of the bag it read, "911 We Are Under Attack".

The Father wore the bag on his head to protect the identiy of his children just in case they may have seen him and when asked where he was going the Father said he was on his way to the Anoka County courthouse.  He said, he would have driven there but his temporay liscense doesn't allow him to drive on Sunday's.  The Father was arrested for Disorderly Conduct and Obstructing Legal Process for which he plans to challenge. 

The Father was in complete compliance with the police officer's demands the whole time they were arrresting him.  The officer threatened the father that he would be tasered twice and kept accusing the father of resisting arrest even though the Father was not resisting.  The police officer continued to twist on the Father's arm almost to the point of dislocation as the Father kept calming telling the officers to just not hurt him and that he was compling with the officers demands as they kept sayin he wasn't in an attempt for them to twist the situation.  

After the Father was cuffed he then sat in the police car for about an hour with the windows up when it was 90 degrees and 100% humidity.  Another witness showed up at the scence wanting to report the police officers behaviors and the police officer kept accusing the Father of setting them up.  The Father was scared by the brutality as the father was hit so hard from behind that the sign broke and when asked if he still had any pain from the incident, he said, his wrists from the cuffs, his shoulder is still kind sore but said he still had a head ache because the officer clocked him in the back of the head with maybe a night stick when he was being tackled. 

If anyone witness the incident please let me know as we need to hold these officers accountable.

-HD

Thursday, April 02, 2009 
Legislators hear evidence of judicial corruption and consider solutions. March 13, 2009 Ad Hoc Committee, St. Paul, Minnesota. Rep. Dan Severson chaired. Speakers Greg Wersal, Jill Clark, Nancy Lazaryan and others. Bills for judicial accountability and Articles of Impeachment presented.



..
Thursday, April 02, 2009 
Legislators hear evidence of judicial corruption and consider solutions. March 13, 2009 Ad Hoc Committee, St. Paul, Minnesota. Rep. Dan Severson chaired. Speakers Greg Wersal, Jill Clark, Nancy Lazaryan and others. Bills for judicial accountability and Articles of Impeachment presented.



..
Wednesday, March 25, 2009 
This is an amazing story of a friend who actually won joint custody of his child in a disputed custody case in Ramsey Co MN.  I know, I am still in awe myself.
My friend and I met at the Minnesota fair a couple year ago when we were protesting outside the main gate with a couple other F4J Dads.  My friend who I didn't know at the time was a selling bottles of water to the crowds as they were entering and leaving the fair and he noticed us on the corner talking with the people and so he came over and was like, what is this family court corruption stuff all about.
I explained the summary version of it to him and his first thought was, are you guys for real and is there really corruption like you say.  After spending a few days working the same corner, he and his girlfriend learned more and more about what we are fighting for and they both became a big supporter of our cause. 
At the time, he had a stable relationship with his girlfriend and they shared a child together.  His famous last words were, this won't ever affect me but I believe in what you guys are fighting for so I will support you.  Over the course of the next year he attended a couple meetings and even helped us with our first fund raiser which he organized mostly by himself.
Then all of a sudden, his girlfriend shacks up with his roomate while he was at work and then started using the courts to try and run away with their child.  My friend knowing the tricks of the courts was able to remain calm and keep good enough records so they couldn't just run rough shot over him.  In the last year he has been arrested for eluding being served, he had to fight off a bogus restraining order and his liscense was even suspended for a while, all of which ended up backfiring on his old girlfriend who is now pregnant with the new boyfriend.  The new boyfriend by the way doesn't work and probably couldn't even keep a job if he needed one.
Looking back at this story, I can't imagine what would have happened to my friend if we hadn't ran into him at the fair and it's stories like this that make those humiliating efforts of standing out in front of the crowds telling the truth that the public doesn't want to hear, all worth it.  He is a good Dad and his son who has specialty needs is going to be better off having his father actively involved in his life.
My friend, even though he was miraculously able to navigate through the courts succesfully in the end, has stated that he will continue to be a big supporter of our cause and plans on continueing to be involved in our Family Law Reform efforts.
While he, nor anyone for that matter, should ever have endure what he and his son went through, this is hopefully the start of the good things to come.  God Bless!  -HD
Thursday, March 19, 2009 
Instructions for Citizens and Tools for Court Part One: Natural, Common, Ecclesiastical and Civil Law; Law of Nations; Rule of Jurisdiction; Maxims of Law; Constitutions; Citizenship; Statutes.
..

Instructions for Citizens and Tools for Court Part Two: Court Rules; Jury Trial; Equity vs. At Law; Summons and Complaint; Motions; Hearings; Due Process; Notice; Attorney Relationships; Objections; Appeals.
..

Instructions for Citizens and Tools for Court Part Three: Sixteen Ways to Break a Person; Questions and Answers.
..
Saturday, February 28, 2009 
Tim Kinley & Nancy Lazaryan on "Speechless" Feb 27, 2009; Ad Hoc Committee to meet Mar 13, 2009

..
Monday, January 26, 2009 
I am offended by the word deadbeat to the N'th degree.  City Pages may as well say something like the church is acting like a black father.  When you allow pointed discrimination, you have unintended consequences.  It's all wrong! 
In regards to the court case in their story, a parent should only have to reimburse what his fellow citizens, the state, is willing to pay and if you can't afford that then that's where the income percentages come into play.  The otherway around gives the states to much of an incentive to go after the profits and destroy our families and marriages. 

In this case, the courts are riding roughshot over this family and have overstepped it's boundaries into not just their private family affairs but have also intruded into all of our family affairs unnecessarily and believe it or not, the state is knowingly doing it just for their enforcement profits.  If this story reads anything like the court record, it's all unnecessary because all this information is irrelevant to the equity issues at stake and the courts have made it more complicated than it should have ever been. Gesh!

If I were a betting man I'd be willing to bet if the mom and the courts were a little more realistic and not so arrogant in their demands and allowed for the rebuttable presumption that the state statutes might be in violation of due process, these supposed mutual agreements rendered from the court of equity wouldn't be so hard for the Family Courts to enforce. Huh, go figure? To me this isn't rocket science, the whole system is broke and sooner or later someone has got to pull out the common sense card. The state statutes are only presumed to be constitutional and the people should be allowed to question them with the judiciaries help instead of being blocked. 

One more thing, if the state is so sure of their procedureal rights, why then doesn't the state allow this man to have a jury?  -HD
Thursday, January 15, 2009 
Here's the link to it:
http://www.mncourts.gov/Documents/0/Public/NewsPostings/MN_Joint_Physical_Child_Custody_Presumption_Study_Group_Report_2009_DSprint.pdf
At least this parts over and they didn't say, Ya, state you can continue to do this or give the state any more legal advice other than what wasn't concluded, defended or stated by the judiciary. For starters, they didn't conclude that a presumption isn't already assumed in a non-voidable law and kept reiterating there is already a minimum 25% rebuttable presumption. Still digesting but take a look so we can testify against it at the legislature. -HD