State of South Dakota In Circuit Court
County of Brookings Magistrate Division
Plaintiff Third Judicial Circuit
Vs. CR121-26
Jacob J. Wipf Removal of State Attorney Dan Nelson
Defendant Removal of State Attorney Austin Oxner
Pursuant to the 14th Amendment of the U. S. Constitution and SDCL 15-12-21.1, Defendant Jacob J. Wipf Files Motion for Removal of
State Attorney Dan Nelson
State Attorney Austin Oxner
Grounds: Flagrant violation of the 14 Amendment rising to High Crimes and Misdemeanors.
Aiding, Abetting, and Covering up Hate Crime.
Suppression of Evidence.
Obstruction of Justice.
Lying to the Court.
Extortion.
Endangering an innocent American by leaving him exposed to a lethal Police warrant when they had evidence that the warrant was based on false and withheld information given to the Police by the witnesses.
Violation of 14 Amendment Right to Equal Justice under Law. For six months the State Attorney has known that every aspect of Warrant CR121-26 pertains to two people, and that the accusers Gerald Jensen and Alice Intermill lied to the Police by withholding this information from them. If their motive was to report crime, inasmuch as they saw both of us hover over that frozen site with three heavy loaders for 4 days, they would have reported both Vandals, or, since they know the other person to have been with me throughout, they would at least have given his name to the Police as a material witness, because none could tell the Government more about the crimes listed here than my good neighbor, for he participated in every aspect of the Warrant (neglecting his work to help others). And yet both the Police and State Attorney run the minute they sense I’m about to reveal what they already know: “Two Vandals, two Warrants,” as Judge Garland would say (which is why I’m asking him to preside over this case in order to test his famous boast that “the American people can have confidence that their Constitutional rights may be redeemed in Federal court.” I cannot even begin my defense without exposing the witnesses’ Federal Crime of lying to the Police, and the Federal Crime committed by the State Attorney in covering up their obstruction of Justice. Yet the Government's most reliable witness has been disappeared, and appears nowhere in this case. The Government disappeared him. Why? Because the Government knows it cannot acknowledge my accomplice without revealing a Hate Crime committed by the two richest people in the county. Because the whole county knows that what we have here is the gerrymandered equivalent of “Judas hanged himself….go, do thou likewise”--verbatim from the Scripture. The State Attorney knows what the Sheriff says plainly: the only crime here is “he hates you,” the pursuit of an ancient and historic hatred, as I have been telling the Police for almost ten years now. The State Attorney knows there is another Vandal out there, but as the Sheriff says, “the witnesses only reported one $100,00 Vandal and only you claim that there is a $50,000 Vandal out there.” “We know nothing about the other $50,000 Vandal and so we don’t have to investigate.” “Who is it?” he asks, because he knows that only a fool would beat down Government doors to falsely report a $50,000 crime. But the State Attorney cannot now change course and reinvestigate without exposing the two richest people in the County to have committed a Federal Hate Crime, when all they were doing (to his thinking, apparently) was to engage in the harmless sport of Hut-baiting. To bring Hate Crime Law to bear on such an innocent pastime is unthinkable. And yet, this is what his office would now require. Which leaves him but one way out: suppression of evidence, which constitutes lying to the Court, as no judge would allow one person to pay for damages done by two (he seeks up to $100,000). He is forced to suppress the evidence that there is a second Vandal, even if to do so exposes him to the charge of obstruction of justice and extortion. Both of which he is now guilty of. The Government is not prosecuting Crime here, it is processing Hate. What we have here is gerrymandered evidence and criminal prosecutorial frivolousness and recklessness: pure prosecutorial gangsterism. Fact: the Government knows that the damage consists of worthless shrubs that I planted, thinned, and pruned for 25 years. The Police saw that all the neighbors use that area because no one knows where the property line is, and that the trespassed area is a commercial truckpark through which the entire town feels free to pass. The Government knows that the city sold that property with my trespassed shed on it without telling me, and that the Government taxed me for 25 years on a trespassed shed (even further east than the trespassed trees) situated on ground which the Government now charges me with trespassing. The Government knows that the witnesses called the person to whom pertain all aspects of the Warrant (my kind neighbor whom they dared not include in the accusation) to conspire a plot whereby they would only accuse me. He called to warn me that the Police would only come after me. All this the State Attorney has known for months. A minute record of all this has been narrated on my site shamblesheep.com since the day I received the Warrant, as well as the motive behind the accusation. Because, as the Police cams will verify, this has been going on for almost ten years now (the first time they came I told them not to destroy those cams, and told them what this was: Hut-baiting). From the very first, I told them that the only reason they kept coming out here to tell me I was doing nothing wrong is because the accusers don’t want a Hutterite this close as their neighbor (or at least a Hutterite who didn’t ask permission). I do not know these people. I have only met one of them briefly 20 years ago, and then again ten years ago when he came out of nowhere (and have had zero contact since–which exposes the witnesses’ fabricated lie of “failing to vacate”) to tell me he would mention me to the Sheriff for using the road to drive my sheep down to my slough: the next day the Police were there to tell me I was doing nothing wrong–this is power an Afghan warlord can only dream off. The fact that I told them that I knew they were coming should have given them pause. Every time they came out here I told them I knew they were coming (when I see his truck creep past, I know to expect a Police visit), to not destroy the tapes, and that the only crime here was that Haman had found his Jew once again. For ten years I told every person I met how he uses the Police as his personal Gestapo to terrorize me. Most agree that the hatred stems from a Hut moving this close to him without asking his permission. I tried to convey this to the Police from the beginning: to no effect. I posted the Warrant online the day I received it, with almost daily commentary, to show the public how the Police and State Attorney allowed themselves to be used as the personal Gestapo of the two richest people in the county. Both the Police and State Attorney know that there were two of us. Two people, two Warrants, Judge Garland would say. But neither the Police nor the State Attorney show the slightest interest in the person who helped commit a $100,000 crime, even as that condemns them to commit the Federal crime of extortion (and lying to the Court) by making one pay for damages done by two. But to shield the witnesses from the ramifications of committing a Hate Crime, the Police and State Attorney cannot admit to my accomplice without revealing that the witnesses lied to the Police, when they deliberately withheld this information from them. As the Sheriff himself admits, “You alone were targeted because he hates you.” By the Government's own admission, it is not prosecuting crime here, but processing hate.
Violation of my right to due process. The State Attorney knows what the whole county knows and what the witnesses deliberately withheld from the police: that every aspect of the Warrant pertains to two people. My only witness is the person who helped me, who would incriminate himself the minute he testifies, for every aspect of the Warrant pertains to him equally. In covering-up the fact that there exists a person to whom pertain all aspects of the Warrant, the Government has weaponized the 5th Amendment against me, as my witness cannot be forced to incriminate himself by revealing himself to be my accomplice. This is making mockery of the Constitution, and constitutes obstruction of justice. I cannot even begin my defense without exposing this criminal conduct on the part of the State Attorney.
Extortion–as the Warrant states, I am subject to a $100,000 claim against me. The Government’s violation of my 14th Amendment Right thus requires it to demand full payment from one for damages done by two. I asked the Sheriff how the Government can seek $100,000 (as stated on Warrant) from one bank robber when he knows there were two. “Because,” he laughed, “the witnesses only reported you, and only you speak of two.” “And the prospect of a citizen being forced to pay $50,000 (the other half) does not warrant an investigation on your part?” I ask. “You need a lawyer,” he shouts. Hydrich, Himmler, and Hitler could not make this up.
Covering–Up Hate Crime. The Government knows that the accusers Gerald Jensen and Alice Intermill lied to the police when they withheld from them that there were two of us. The Government knows full well that there were two Vandals, but the State Attorny is not interested in the Second Vandal because he is only too well aware that the Warrant consists of contrived, gerrymandered legal depravity, prosecutorial gangsterism with no other objective but to terrorize an innocent Amerivan by shadowing him with a constant Police presence, and dragging him through the courts. This was never intended to be more than the latest episode of throwing the Hut down the well one more time, to keep him in his place. It would cost them no more than, at best, a donation on election day, and if caught, the same State Attorney who signed off on gerrymandered evidence could be trusted to “take care of things'' if caught. They got caught. And both they and the State Attorney knows full well that Federal Hate Law will come into play if the witnesses are exposed to have lied to the Police in order to terrorize an innocent American with the violence of the State. Which is why the State Attorney ghosted my accomplice, and refuses to acknowledge what the whole neighborhood knows: that the witnesses know that my neighbor was with me throughout as an active participant (doing what he does every day, helping others). In other words, the witnesses whispered the Police down a rabbit hole of carefully manufactured evidence, provided the Police with a shopping list, not to investigate crime, but to cherry pick facts, while hiding from the Police that they were only reporting half the crime. Hence, revealing my accomplice would expose the motive of the witnesses, not to report crime, but to get the Police and Prosecutor to abuse their office to terrorize and destroy an innocent American. The Government is not interested in a second criminal because it knows that there is no crime here in the first place. It is not interested in a second Vandal because it knows there was no vandalism. If the Sheriff and Prosecutor thought they were dealing with crime here they would pursue all the criminals. But they know that what they have on their hands is the Hate Crime of Hut-baiting. They know that if they so much as admit that there is a second Vandal they admit that the accusers Gerald Jensen and Alice Intermill are guilty of committing a Hate Crime, using the law and the Police, not to report crime, but to destroy an innocent American. They’re not prosecuting crime here, they’re processing hate. The Sheriff himself says, the only reason I was targeted is because “he hates you.”
Endangering the life of an innocent citizen with a lethal police warrant when they had knowledge that the Warrant was criminally originated. Their refusal to reinvestigate the case in order not to expose the accusers Gerald Jensen and Alice Intermill of committing a Hate Crime amounts to criminal negligence.
In Sum:
I cannot defend myself as long as the State Attorney suppresses evidence that my only witness is my accomplice who was with me throughout all aspects of the warrant, and who could not bear witness without incriminating himself, or would simply invoke the Fifth to avoid doing so. To avoid being held liable for the acts of another (my accomplice), I will expose the State Attorney of lying to hide my accomplice in order to protect the two richest people in the county of having committed a Federal Hate Crime, and, in so lying, condemning himself to commit the further crime of extortion. For in hiding my accomplice, he is now condemned to extort me for the full amount (the two halves of the $100,000). In short this trial cannot proceed without taking into account the Federal Hate Crime of the witnesses and the Federal Crimes of the Prosecutor in covering up that crime. My father’s family fled this region almost 100 years ago when he was but eight months old, deeming it too dangerous to continue. On June 29, 2021 I was trailed into my bank, arrested on suspicion of bank robbery (the only person since the foundation of the world to be arrested for bank robbery while putting money into a bank–this would tax the imagination of the Gestapo, Stasi and KGB combined), terrorized and humilated in front of a crowd, subjected to torture and almost murdered until I screamed in panic (any doctor could tell what my medical recods demontrate–that I have a severe breathing disorder that in a few minutes would have proved fatal) in order to get me to “cooperate.” I recently met the grandsons of the neighbors next to the abandoned Colony where my father was born not too far from here. “There,” the 0ld men would say when I showed them pictures, “in this house your father was born.” The house and Colony, having stood abandoned amost 100 years (the State Department will bear record that unlike high priced art sold by foreigners to foreigners in a foreign country, the market for a Colony abandoned under duress is non-existent) are now sunk into oblivion. “We always wondered why they left,” the grandsons said. “We were driven out,” I said. “You were driven out of Romania,” they said, because there is there no “ARBEIT MACHT FREI” to mark the difference, or to bear witness to a terrible crime. For they had heard only that “the Hoots (who abandoned those building) were driven out of Romania.” As I told the Police when all this began, the sons merely picked up where the fathers left off, for Haman is irresistibly drawn to Mordecai the Jew.
Inasmuch as the Federal Government will have a compelling interest in everything contained in this writ, the Constitutionally mandated authority reading it shall feel constrained to present it to the Justice Department of the United States as further evidence in the forthcoming Federal Grand Jury Trial. In the interest of my personal safety, having been ten years gestapoed without redress, I have deemed it prudent to add this to the record in the public domain.
Jacob the Hutter Wipf (Defendant).
Dated on this day 25th day of February, 2022 at Brookings, South Dakota.