Get the Down and Dirty from Dakota County …
** BREAKING NEWS ** From Michael Volpe and PPJ Gazette reporting on the appellate cases of Sandra Grazzini-Rucki and Dede Evavold
“In separate response briefs to pro se attorneys, the Dakota County Prosecutor’s Office has acknowledged jury tampering, misdirected an allegation of witness tampering, and refused to respond to address all allegations of judicial misconduct in the Rucki case.
The briefs from Dakota County Prosecutor James Backstrom were in response to briefs filed by Dede Evavold and Sandra Grazzini-Rucki, both representing themselves.
Evavold has been representing herself after the state ruled her too well off to receive an attorney while Grazzini-Rucki was represented but was so disgusted by her attorney’s brief that she filed one on her own.
Her attorney, Steven Russett, who was provided by the Minnesota Appellate Public Defender’s Office, did not respond to an email and voicemail for comment.
In the most startling admission, the prosecutors acknowledge- responding to Grazzini-Rucki- that a reporter approached the jury while they were in a common area during a lunch break and asked if any wanted to be interviewed when the trial ended.
The reporter’s name is Laura Adelmann, who works for the Sun Current, the hometown newspaper of Lakeville, Minnesota, where the Rucki’s live. “There was one occasion during trial in which it was it was reported to Judge Asphaug that a reporter (I.E. Laura Adelmann) had approached the jurors while they were eating in the common area of the courthouse and asked if she could interview them after the trial was over.” Backstrom’s brief stated.
“I also received information that a member of the press approached our jurors last week and asked if jurors would be willing to speak after the trial. It is- I am ordering that you may not approach the jurors in the common area of the courthouse. It is- it has a chilling effect. It concerns jurors don’t do it.” An email to Adelmann was left unreturned. A voicemail to her editor, Tad Johnson, was also left unreturned.
Though the trial was covered internationally there was not one story which referred to Asphaug’s statement while the trial was ongoing.
Emails to Karen Zamora and Brandon Stahl, who each covered parts of the trial for the Minneapolis Star Tribune, were left unreturned.
An email to Michael Brodkorb, who has boasted that he covered each day of the trial, was also left unreturned.
Emails to 20/20 host, Elizabeth Vargas, and her two producers, Beth Mullin and Sean Dooley, were also left unreturned; 20/20 covered parts of the trial though it’s not clear if they were there that day.
Beau Berentson said “Our office does not conduct legal research,” in an email.
But when asked if an investigation had been started or if anyone had been disciplined for allowing press to get so close to the jury- a major break in protocol according to everyone this reporter spoke with- Berentson did not respond.
While lawyers who spoke with this reporter said it was unprecedented that press would ever get so close to a jury during trial, they were split on its significance.
Michael McCray, a United States Department of Agriculture whistleblower and lawyer, said he believed that such an interaction would cause all sorts of thoughts to enter a jury’s head “not one will be about the merits of the case.”
Lee Dryer is a Nashville attorney and part-time judge.
“No trial is perfect,” Dryer said, but was less concerned since nothing about the case was discussed.
Dryer said he was more concerned with an allegation of witness tampering; Samantha Rucki, Grazzini-Rucki’s daughter who ran away, responded to Kelli Coughlin a Lakeville Police Department Detective, who asked her if she was at a police interview conducted approximately a month before her mother’s trial.
This police interview occurred approximately a month prior to her mother’s trial on June 30, 2016.
“They (her father and his sister) basically said I have to (go to the interview) and I have to be here and I have to recant everything I said and it’s going and that’s the way it’s gonna be- and they made me feel guilty about it and I started to cry.” Samantha responded when asked if she was at the interview of her own free will.
Judge Asphaug refused to allow the interview into Grazzini-Rucki’s trial, Samantha Rucki testified by Skype, with her aunt, grandmother, and attorney in the same room but not in camera, her father was listening in from outside the door.
Furthermore, Judge Asphaug would only allow a limited number of questions. Samantha then downplayed the abuse and claimed she ran away to get away from a bad divorce.
Dryer said that having Samantha testify by Skype raises sixth amendment issues, of a defendant confronting their accuser.
Judge Asphaug argued that Samantha was too fragile to see her mother, but child rape victims are forced to confront their alleged rapist if that rapist is to be convicted.
In their response brief, prosecutors argued that since they weren’t directly involved in the witness tampering, they shouldn’t be held responsible.
“Appellant (Evavold) fails to detail what misconduct Respondent (Dakota County Prosecutor) engaged in. In support of her argument, Appellant points to an interview that was conducted by law enforcement of SVR (Samantha). Appellant is under the misbelief that Respondent somehow coerced SVR into providing the statement and that SVR lied in the statement.”
The prosecutor’s brief only alludes to a police interview but does not detail what Samantha said in the interview.
Dede Evavold also argued that there was judicial and prosecutorial misconduct, charges not answered by Backstrom.
Judge Asphaug placed herself on Evavold’s, Grazzini-Rucki’s, and the Dahlen’s cases, and refused to recuse herself when each of the four defendants asked.
Furthermore, in 2010, she appears to have fixed a case for David Rucki.
On September 8, 2009, David Rucki went into a fit of rage against his neighbors while they were escorting approximately a dozen two and three-year-old children to the daycare facility they ran.
“Complainant stated his wife, two children, and six daycare kids ages three and under were in the driveway when suspect (David Rucki) approached. He stated the suspect threatened his wife, his son, and called them all assholes while standing in the cul-de-sac in front of their home. While I was speaking with the complainant, he informed me that the suspect drove by as we were speaking and put up his middle finger on his left hand at him. Complainant said that they have had on-going harassment type issues with the suspect and his dogs as a result of operating a home daycare facility. He said suspect’s dogs repeatedly come into his yard when daycare parents and kids arrive, barking and growling and the guests as the children are dropped off. He said they have tried to talk to the suspect in the past to mediate the situation, but that he no longer feels comfortable due to elevated language and behavior.”
Rucki was charged with disorderly conduct and the case came in front of Judge Asphaug. On the eve of trial, Asphaug dismissed the case for a lack of probable cause, an inexplicable decision which has never been explained.
Lack of probable cause applies to cases with little or no evidence not an incident witnessed by several adults and approximately twelve children. Furthermore, if a case is dismissed due to a lack of probable cause it would be during normal pre-trial hearings, not on the eve of trial, and there’s no evidence that any sort of motion was even filed to trigger this.
Asphaug proceeded to exclude approximately 90% of the evidence of abuse: including David Rucki’s police report, all Child Protective Services reports, all orders for protection against David Rucki, and letters, from Sandra Grazzini Rucki’s, Dede Evavold’s, and the Dahlen’s trials.
Backstrom’s office provided answers to most of the charges of judicial misconduct but not all.
For instance, in their reply brief, the prosecution claims that Grazzini-Rucki only referred to three items as being excluded: The Fox 9 Newscast from June 2013, the GPS tracker from when David Rucki placed a tracker under Grazzini-Rucki’s friend and advocate’s car, Michael Rhedin, and Social Services records.
(Prosecutor Kathryn Keena)
But while Grazzini-Rucki did complain about these, and their exclusion is significant, police reports, letters, and other recordings were also excluded; Sandra Grazzini-Rucki complained of clear judicial bias.
The prosecution downplayed in its brief the breadth of the evidence excluded during trial.
Backstrom’s office did not respond to emails for comment.”