I wanted to follow-up on a comment made by Tim Kinley on the Speechless Show 2016/07/07 Sandra Grazzini-Rucki Children (Click to View)
Tim references Sandra Grazzini-Rucki’s criminal case which is scheduled to begin on July 18th, 2016 at the Dakota Co. Courthouse in Hastings, MN. At the 21:13 minute mark of the video, Tim indicated that Judge Karen Aspaugh ordered Sandra Grazzini-Rucki to complete a new IN FORMA PAUPERIS eligibility form to proceed in her criminal case.
IN FORMA PAUPERIS. Lat. ‘in the form of a pauper.’ Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court’s granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel. Wikipedia, the free encyclopedia
Tim stated that the State is withholding Sandra’s evidence until she pays for her data/discovery. He misstated that the evidence should be given to Sandra and then the State should send the bill. (Dakota County is just continuing to give Sandra the bureaucratic run-around when in fact they are illegally withholding readily available, free, electronic data from Sandra and others involved in this rigged case.They are also in violation of the Minnesota Gov’t Data Practices Act (Chapter 13.09) and criminal misconduct of a public official (Chapter 609.43(1)). Motions need to be filed for sanctions and subpoenas issued to people like Robyn Sykes, MCIT Executive Director, Peter Tritz, LMCIT Administrator, and Mike Garris, LOGIS Executive Director who could testify that not only corrupt Dakota County but the corrupt City of Lakeville is illegally withholding data and discovery and is obstructing justice.
“We have held that when the State suppresses or fails to disclose material exculpatory evidence, the good or bad faith of the prosecution is irrelevant: a due process violation occurs whenever such evidence is withheld.”Illinois v. Fisher.² 2. 540 U.S. 544, 547, 124 S.Ct. 1200, 1202 (2004). George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook, Page 145...
Here’s the deal: We live in the age of technology and public data/discovery is now FREE, ELECTRONIC and READILY AVAILABLE, This data can easily be file-shared by email.
Effective July 1, 2015, attorneys, government agencies, and guardians ad litem are now required to electronically file and serve documents in all court cases filed in the 11 eCourtMN pilot counties.
This includes all cases filed in Cass, Clay, Cook, Dakota, Faribault, Hennepin, Kandiyohi, Lake, Morrison, Ramsey, and Washington counties. eFiling now mandatory for attorneys, agencies, GALs in 11 pilot counties, effective July 1 Posted: Wednesday, June 24, 2015 http://www.mncourts.gov/About-The Courts/NewsAndAnnouncements/ItemDetail.aspx?id=1109
One of the key elements of eCourtMN is the establishment of eFiling and eService – giving case participants the ability to submit documents to the court and serve documents to opposing parties electronically, through an online portal. This allows court customers to file documents without traveling to the courthouse or paying for postage or courier costs, allows filers to submit documents immediately and outside of courthouse business hours, and allows court documents to be sent to filers electronically. eFiling now available in all 87 Minnesota district courts Posted: Tuesday, December 15, 2015 http://www.mncourts.gov/About-The-Courts/NewsAndAnnouncements/ItemDetail.aspx?id=1232
Each department has file share capabilities through their joint powers agreement with Local Government Information Systems – LOGIS.
Headquartered in Golden Valley, Local Government Information Systems (LOGIS) is a Joint Powers, intergovernmental consortium of Minnesota local government units. The mission of LOGIS is to “Facilitate leading-edge, effective and adaptable public sector technology solutions through the sharing of ideas, risks and resources in a member-driven consortium.”
Each LOGIS member is allowed to be on the LOGIS board of directors. The Board, which controls LOGIS, is made up of a variety of member city and county professionals, from police chiefs to city managers to finance directors
There is no law that requires a charge for this free electronic public data/discovery, but there is a law that any fee charged must be clearly demonstrated by the government entity to itemize the actual development costs of the information. The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. 13.03 ACCESS TO GOVERNMENT DATA. https://www.revisor.mn.gov/statutes/?id=13.03&format=pdf
Actual Cost – These can be included: Cost of media (paper, CD ROMs, DVDs, etc.) … Entities cannot
charge search for and retrieval time when the requester is the data subject.
Dakota County is required to explain in detail how they arrive at their costs, when the readily available, free, electronic, public data has already been created and they have already been compensated for creating the data through their salaries. The public also has a right to know if they are creating data by printing out the electronic public data onto pieces of paper and then scanning the pieces of paper to manufacture bills. Sizes of the electronic files must also be revealed (Actual costs for a CD is only (2) two cents– not $15.00. Plus, (6) six CD’s can fit onto one (1) DVD).
Dakota County is demonstrating contempt for the rules of the court and seem to be above the laws of the state. Only the defendants are required to follow the rules of the rigged court and the laws in lawless Dakota county. Sandra nor anyone else can trust any arrest, prosecution or conviction in this county!