Law&Crime Sidebar - YouTube Lawyer Rekieta Law Arrested, Drugs Found in Home After Apparent Downhill Spiral: Cops

Episode Date: June 9, 2024

Internet personality Nick Rekieta and his wife Kayla are facing charges of possession of 25 grams or more of cocaine or methamphetamine, as well as child endangerment, after a teacher reporte...d their children were hungry and wearing the same clothes for days at a time. The lawyer rose to fame online for his commentary on recent high-profile trials. Law&Crime’s Jesse Weber explains the search warrant, which details what police found in the Rekieta home. PLEASE SUPPORT THE SHOW:If you’ve used Incognito mode in Google’s Chrome browser, find out if you have a claim in a few clicks by visiting https://www.incognitoclaims.com/sidebar/?v=sb13HOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael DeiningerScript Writing & Producing - Savannah WilliamsonGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 Wonderly Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wonderly Plus in the Wondery app Apple Podcasts or Spotify. Agent Nate Russo returns in Oracle 3, Murder at the Grandview, the latest installment of the gripping Audible Original series. When a reunion at an abandoned island hotel turns deadly, Russo must untangle accident from murder. But beware, something sinister lurks in the grand. View shadows. Joshua Jackson delivers a bone-chilling performance in this supernatural thriller that will
Starting point is 00:00:35 keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. You may know him from his online legal commentary, but YouTuber and attorney Nick Rickeda is in some legal trouble of his own. We break down his arrest, the search warrant and the charges he's now facing, which could potentially result in prison time. Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. Hey, everybody, this is a law and crime legal alert.
Starting point is 00:01:16 Google Incognito tracked users browsing data without their knowledge. Yep, well, Mass Tort Alliance, one of our legal sponsors, is actually helping users file for compensation due to Google users' privacy issue. surrounding Google Incognito. So if you've used Google Incognito any time since 2016, you can start your claim in less than 10 questions at Incognito Claims.com slash sidebar. Nick Ricada.
Starting point is 00:01:43 Now, this is a name you may have heard of before. Why do I say that? Online personality, Minnesota lawyer, legal commentator, runs the YouTube page Ricada Law that currently has 446,000 subscribers, really came to fame for his legal analysis of trials like Johnny Depp and Amber Hurd and Kyle Rittenhouse, and clearly he has developed quite the following. But now Mr. Ricada finds himself in the spotlight for not a great reason.
Starting point is 00:02:13 No, he and his wife, Kayla, were arrested and charged with felony second-degree drug possession as well as two misdemeanors of child endangerment and firearms possession. And in a search warrant application that was filed in connection with this case, we learned a lot more details. And that is what we're going to go through now, this search warrant. So this warrant was authored by Minnesota Peace Officer, Detective Quinn Pomplom. And he writes that essentially there is probable cause to believe that controlled substances like meth and cocaine and other drug paraphernalia are located at Rakata's house.
Starting point is 00:02:50 and he wants to conduct a search of that property between 7 a.m. and 8 p.m. And from there, the rest of the document lays out the timeline of events. So, Pomplin writes that on May 16, 2024, Kanda Yohe County Sheriff's Office Sergeant Dave Nester received a report regarding possible child neglect and controlled substance use at Riccata's home. Rikato had been living there with his wife and five children ages 6 to 16. And apparently, by the way, This report originated from people who attended Riccada's church.
Starting point is 00:03:24 We're going to get into that a second. But there's also an allegation that the Ricadas had a, quote, questionable relationship with another couple. And this is where Pomplin describes Aaron and April, I'm Holti. And according to Pomplin, the Ricadas had befriended the I'm Holtis, who apparently are personalities from an online show called the Steel Toe Morning Show. But Pomplin says it's possible that this couple had a falling out with the Ricadas. Apparently, the Imholtis were staying with the Ricadas in their home, a home that was reportedly cluttered and in disarray.
Starting point is 00:04:02 In fact, a church preschool teacher reported that these children that I had mentioned had complained of being hungry, not being provided food, and were wearing the same clothes for days. As for Mr. Ricada, he was apparently looked at. lethargic and appeared high or drugged driving a car around. The document goes on to state, quote, another individual advised the reporter that Nicholas will walk out randomly during sermons at church and have noticed behavioral changes in him. It was alleged that Kayla looks anorexic, and Nicholas has lost a substantial amount of
Starting point is 00:04:39 weight recently. One individual describes Nicholas as having injection or track marks on his arms. So with that, Pomplin explains that he started looking at Recade his online videos where he noticed that the YouTuber's appearance had seemed to change over recent months, namely that, yes, he lost weight, he appears tired, and, quote, strung out. But let's actually go back to the I'm Holtes, the that couple I mentioned. Well, Pompland explains that Aaron indicated on his social media
Starting point is 00:05:11 that he and his wife were planning on getting a divorce, and he himself had experimented with cocaine and Molly multiple times. In fact, it appears the I'm Holties had broadcasts one of their podcast shows from December, seemingly out of the Rikata home. Pompland explains that in recent videos, April appears lethargic, tired, and, quote, strung out. But in other videos, Aaron seems to suggest that Nicholas Rikata has substance abuse issues and needs help. Pomplin says that he reviewed a video of Rikata from May 21st, 2024, where he's allegedly drinking and appears under the influence and has to close one eye to read the screen, rambles, slurs his words. And at one point, Pomplin says that Rikata seems to have a white, powdery substance on his nose after coming back from the bathroom. Now, it's important to note that Pomplin highlights at one point in this search warrant that at one point in time, he was a drug recognition evaluator for several years.
Starting point is 00:06:11 So it seems that maybe this could be a way that he is trying to qualify himself to the court as someone who has the training and experience to detect possible symptoms of drug abuse. But let's move on. So the search was actually conducted. And according to a property inventory sheet that was also authored by Pomplin, and according also to local reporting, here is a sampling of what was found in the Ricada house. Baggies and containers that tested positive for cocaine, multiple tablets, that tested positive for ketamine, a digital scale, other items that had a white substance
Starting point is 00:06:46 on them, like a $100 bill, a metal pan, a Ziploc with multiple small baggies. And a lot of this, by the way, reportedly found in the master bedroom, where according to local reporting, that is where Riccata allegedly told police he and his wife had stayed. There was also a Sig Sauer 380 handgun, magazines with ammo, and spent shell casing and a loose bullet and ammunition that was found, as well as a Remington shotgun and a Springfield Armory 45-1911 handgun. Now, reporting indicates that when the warrant was executed
Starting point is 00:07:23 on May 23rd, police were greeted by a girl who allegedly wouldn't let police in, and Riccada allegedly refused to give officers the door code. So that's when police apparently had to use a door ram to barge into the property. Also, reporting indicates that Riccata didn't answer questions regarding the suspected cocaine. Now, we can't independently verify that,
Starting point is 00:07:47 but if that is true, perhaps that wouldn't be so surprising because people in that situation may not want to say too much at that point. Remember, you have the right to remain silent. By the way, we also can't confirm the status of the children of that home or if child protective services were called or where they are or anything like that. Just want to make that point clear. But now let me talk to you about the criminal charges here. So Mr. Riccada had a virtual hearing, and it seems that at this time, as he indicated to the court, he's representing himself.
Starting point is 00:08:19 Maybe not surprising considering he is in fact an attorney. Now, we've seen in other cases of attorneys getting into trouble with the law where they retain outside counsel, either because they maybe aren't familiar with criminal law as much as their own practice, or it can even be because they want that sense of independence and detachment from the case, maybe have someone look at it from an objective point of view. Sometimes it's also just useful to retain a lawyer if they have the resources that you might not have. But here, with a case like this, perhaps Mr. Riccada may feel it best for him to represent himself. I mean, during this initial hearing, he is clearly comfortable with the process, knows the questions to ask, understands the language, knows what's going on. Could he change his mind down the line? Sure. And decide to have someone represent him, of course. But we'll see if that happens.
Starting point is 00:09:07 Now, here's something interesting, too, talking about him representing himself and him acting as his own attorney and the fact that he is an attorney is that during this hearing, which was conducted over Zoom, you actually see Nicholas Rakata in jail. he indicates to the court that he wants to see his two clients. One, apparently his wife, who was also arrested, and the other, April I'm Halti. She was also arrested. Remember, she was reportedly staying with the Rickadas. And apparently April, according to the court, had already been released.
Starting point is 00:09:39 But the judge did allow Nicholas Riccada to speak with his wife before she would appear later on in court for her hearing. The judge did say, though, to Mr. Riccada, you are charged as co-defendants. I don't know if that's a waivable conflict at this point in time for you to represent them, but it seems he's going to allow the judge who ultimately oversees this case to work that out. So now let's talk about the charges. So Ricada is facing a charge of second-degree possession of 25 grams or more of cocaine or methamphetamine.
Starting point is 00:10:12 Now, this is actually encapsulated in a Minnesota statute 152.0.5.5.0.5.5.5.0.5.5. 2.2. And it says this is when a person is guilty of controlled substance crime in the second degree if the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine. And this is a very, very serious charge. Why? Because there is a maximum sentence of 25 years in prison and or a $500,000 fine. Count two, possession of ammunition or firearms by a user of controlled substances. This is a gross misdemeanor. So you're really looking there at a max of less than one year in prison, up to one year in prison, 364 days in prison, or a $3,000 fine. Count three, also a misdemeanor. This is child endangerment.
Starting point is 00:11:07 And this is child endangerment when you knowingly cause or permit a child to be present for the sale or possession of controlled substances. Now, based on the language of, that law, perhaps prosecutors would be alleging that these young kids were in the house and were exposed to the drugs, which, you know, for me, would raise the question of whether these children could potentially be called as witnesses in a future case. What did they see? What did they observe? Now, I should tell you that during this proceeding, again, which was on Zoom, something very interesting happened. Someone interrupted the proceedings and said something actually appear to use profanity. It was during the course of these charges being read. It was very
Starting point is 00:11:52 odd, and the judge had to issue a warning that this is a court of law, that this will not be tolerated. And then the court clerk took away everyone's ability to unmute themselves on that Zoom. It was disabled by the court clerk, so there would be no more interruptions. But moving on from there, it was some preliminary questions during the hearing, where Ricadas said he understood the charges. He waived his right to have the complaint read to him. Now, the judge ended up siding with the prosecution on release conditions. So the state had requested $50,000 unconditional bail or RPR. That's when you're released on your own personal recognizance. You just have to keep showing back up to court on your own. But you also have to promise to do
Starting point is 00:12:34 a few things. No drug use. You have to subject yourself to random testing. No use or possession of firearms. You have to contact probation. You can't leave. leave the state without the permission of the court, you have to remain a law-abiding citizen and so forth. Rikata had objected to the $50,000, said it was unduly burdensome under the Eighth Amendment of the Constitution, which says that excessive bail shall not be required. But again, the judge disagreed, sided with the prosecution. And it has been reported that since that hearing, Rikata has posted the $50,000 bail.
Starting point is 00:13:10 and he has actually requested a new judge to oversee this case. Reportedly, he had asked to replace Judge Jennifer Fisher with Judge Stephen Wensel. There was a hearing that was set for August, but it's being reported that that has since been canceled. Okay, so now with all that in mind, let's talk big picture. At this point, these are just allegations. He's charged, but he hasn't been convicted of any crimes. And at this time, it also seems he's not even. entered a plea. He's not even entered a not guilty plea or entered any sort of plea at this point
Starting point is 00:13:45 in time. Ricado will have an opportunity to fight these charges. He'll have an opportunity to hold the prosecution to their burden. It would seem to me that the testimony of those in the house and what those videos allegedly show could potentially be problematic for his case. However, arguably one of the most potentially problematic allegations in this case is where the drugs were found. As I mentioned, they were reportedly found in the home, in the master bedroom, in the law, there was something we call constructive possession. You are deemed to be in possession of contraband if it's, let's say, in your car, in your home, on your property. Now, perhaps Mr. Riccada could argue that his houseguests brought these drugs and drug paraphernalia, and he didn't know they were in his house.
Starting point is 00:14:37 But again, remember, the drugs were reportedly found in these key locations. And I imagine with that, he'll also argue that he is not a drug user, that he was tired and he lost weight because of other reasons, maybe stress, work, what have you. I imagine he may also challenge the search warrant that I mentioned. as well. We've seen that happen in many different cases where defendants challenge the very basis to conduct that search. And if the search was invalid, anything that was found during the course of that search cannot be introduced into evidence. So there's a number of different avenues here, a number of different ways this could play out, and we will see how this unfolds.
Starting point is 00:15:17 That's all we have for you here on Sidebar, everybody. Thank you so much for joining us. As always, please subscribe on Apple Podcast, Spotify, YouTube, wherever you get your podcast. I'm Jesse Weber. I'll speak to you next time.

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