Red Herring Alert

There's something fishy going on!

TS Radio Shut Down While Discussing Grazzini-Rucki Case

Journalist and author, Michael Volpe says, “Broadcast was hacked twenty minutes in. Someone must not like what I’m saying about this case.

Listen Here: TS Radio:Mike Volpe & Sandra Grazzini..Minnesota, Dakota County battle continues

Hosted by Marti Oakley

Join us this eveing as Mike Volpe and Sandra Grazzini talk about the latest developments in what has to be THE divorce case of the century here in Minnesota.  Dakota County, notoriously infamous for its blatant corruption continues its aggression against the defendant.  Tune in for the latest in this extremely strange case.  Just goes to show you….money talks and can buy you all sorts of things in the right places!

Mike Volpe

Check out my new book Sandra Grazzini-Rucki and the World’s Last Custody Trial

“I always said no matter how much corruption there is, it’s never greater than the individual or the might of doing the right thing-” Frank Serpico

dakotacojudicialctr

Family Crisis Main Reason Children Run Away – Studies Validate Arguments Raised in Grazzini-Rucki Defense (Repost)

Family crisis is the main reason kids runaway- escaping to the streets to avoid chaos, abuse in their homes… (2015 report, National Runaway Safeline)

Studies reveal that family crisis is the main reason why many kids run away from home.  47% of runaway / homeless youth indicated that conflict between them and their parent or guardian was a major problem. (Westat, Inc. 1997: National Runaway Safeline: Statistics ) 

 Further, a majority of runaways are victims of child abuse. According to another study, “80% of runaway and homeless girls reported having been sexually or physically abused. (Molnar, et al, 1998: National Runaway Safeline: Statistics)

Findings validate claims raised by the 4 defendants in the Grazzini-Rucki criminal trial, who raised the affirmative defense stating their actions to help two troubled teen sisters was not criminal, but rather an effort to keep them safe. The Rucki sisters, S.R. and G.R., ran away after learning of a court order that they felt would endanger their lives, on two separate occasions in September 2012 and again in April 2013. Both sisters have asserted, on numerous occasions, that they feared their father and ran away to escape his violence.Rucki social service records

 

Background:

* Four of the Rucki children attempted to run away after their mother, Sandra Grazzini-Rucki, was forcibly removed from the home by an unjust family court order, on Sept 7, 2012.

*At the time of the “emergency” court order that September, Judge David L. Knutson acknowledged the sisters had raised allegations of sexual abuse but chose to ignore safety concerns. Judge Knuston determined a mother attempting to protect the children from harm was more of a danger to the children than actual abuse.

* The Rucki children were then placed into the custody of a paternal aunt, Tammy Jo Love, whom they feared. Love had previously lost custody of her own children due to drug problems. The court never conducted a study to determine her fitness to care for children, nor was any motion filed to petition for custody.

* Love went to the elementary school of the youngest children (ages 8 and 10 years old) to inform them of the order, and then left the traumatized children to take the bus home, alone. The two youngest children immediately ran away. The children were found an hour later, having walked over 2 miles alongside a busy road.

* The police report says one of the children asked to see her mom – but was refused due to the court order. The report also said both children indicated that if they go back home, they are “just going to run away,” and said they did not feel safe with Love. After the incident, the children were placed in the care of another relative. http://sunthisweek.com/2015/11/18/son-mom-of-missing-girls-told-kids-to-run-in-2012/

*Just seven months later, this after Judge Knutson personally spoke to the Rucki children and ignored their cries for help, he again court ordered the children into Love’s custody on April 19, 2013.

*This time, the two oldest girls S.R. and G.R. succeeded in running away, and remained in hiding for the next two years. When given opportunities to return home, the terrified teens refused, citing fear of their father.

* The youngest children did not run away because the court recognized the risk, and detained them at school to prevent escape. The court then forced the youngest children into reunification therapy with Rucki even though the GAL noted that they expressed fear, and avoided physical contact with him.

*That the Rucki children currently remain in the custody of David Rucki is no indication of their well-being or safety, especially considering how the family court system has colluded in the abuse of these children and greatly contributed to their suffering.

Among the tragic stories of 1.6-2.8 million American youth who runaway every year, are the 5 Rucki children whose cries for help have been lost in a purposeful cover up orchestrated by Judge David L. Knutson, former family court judge in Dakota County, and assisted by corrupt officials working at every level of government in the State of Minnesota.

Judge David L Knutson

When children do not feel safe, and have witnessed domestic violence or been victims to abuse, they are at a much higher risk of running away. Especially when those charged with protecting them, social services and family court, fail to do so.

The Office of Juvenile Justice and Delinquency Prevention reports that 21% of runaway youth have a history of physical or sexual abuse, or were afraid abuse would continue if they returned to their home. (Source: Safe Place: Running Away)

Shrieking winds sweep across the prairie, beating against the the luxurious Rucki house, situated at the end of a quiet cul-de-sac in a rural suburb. In the dying light of a sun that never seems to shine over this corner of hell, the door remains firmly shut, the blinds drawn …the house remains unusually quiet and shuttered tight, with no sign of life inside.

Carefully choreographed footage from ABC 20/20 shot over Christmas with David Rucki and children offers a rare glimpse inside… it is an awkward scene with blurred faces and forced cheer.

It is painfully obvious that mother, Sandra Grazzini-Rucki, is absent from the festivities. Sandra has been forcibly removed from the lives of her children by abusive ex-husband, David Rucki, and by an unjust court order that prohibits her from having any contact with her children for the rest of their lives. Once a stay at home mother, and primary caregiver, Sandra is now alienated from her children and has not had any contact with them in over 5 years. Sandra spent Christmas grieving for her children. She clings to the precious memories .. and is haunted by thoughts of who they are today.

Elizabeth Vargas and ABC 20/20 portray David Rucki as a whimpering father who says he is victimized by an angry ex-wife who brainwashed the children to wage abuse allegations against him. The truth is more sinister.. it takes just a click of a mouse to reveal what 20/20 failed to report as much of the documentation has been made publicly available on the internet. Did 20/20 manipulate the Rucki story to hide abuse? (Michael Volpe, CDN)

A long history of police reports documents Rucki’s explosive anger, and propensity towards violence. druckipolicereports

The violence continued after David and Sandra divorced, with stalking, threats, and eruptions of Rucki’s rage – that often spilled onto the streets of this otherwise quiet neighborhood.

After the divorce was finalized, Sandra says Rucki terrorized the family, and in one incident, threatened to kill all of them. Soon after that threat, one of the children received a voice mail with the sound of six bullets being fired in quick succession – one bullet for Sandra and each of the children. recorded voice mail messages

The Rucki children bravely came forward to report abuse to many officials who should have protected them but failed to do so – the court appointed Guardian ad Litem, police, therapists, the family doctor, social workers, the family court judge and others.

The court appointed psychologist Gilbertson wrote a letter from Feb. 6, 2013 that stated, “There are two prevailing emotional themes that these children speak to: One is fear of being in the presence of their father given what they allege to he being an angry and violent person. A second theme is the anger they have over his alleged mistreatment and a corollary of this, a belief that their father is morally flawed, i.e. womanizer, drinks too much, and is hiding money.

Dr. James Gilbertson, PhD

Yet time and time again the Rucki children were not protected but rather, sent back into the abuse; and their mother, and only protector, Sandra, was forcibly removed from their lives.

Sandra Grazzini-Rucki, and three other co-defendants were criminally charged and convicted for their role for assisting S.R. and G.R. after they ran away in April 2013. This, despite the fact that in Minnesota it is an affirmative defense (subd. 2) to take action to protect a child from imminent emotional or physical harm. Sandra continues to fight for justice, and to clear her name. She is actively appealing her conviction.

Co-defendant, Dede Evavold is actively appealing her case, and has argued (Evavold Appeal 2017) that she was wrongfully charged and convicted of parental deprivation because (p.5), The affirmative defense did not need to be raised as there was substantial evidence supporting the affirmative defense. The state had all evidence that no crime was committed and that the girls ran away because of abuse...”

 

 

For More Info:

Birthday Blow Up: David Rucki Chased Terrified Teens Down Street

Rucki Child Speaks Out – Social Media Post Offers Glimpse From Months Leading Up to Disappearance of Sisters

Sandra Grazzini-Rucki convicted of hiding daughters (Michael Volpe, CDN)

 

 

 

 

Source Family Crisis Main Reason Children Run Away – Studies Validate Arguments Raised in Grazzini-Rucki Defense

 

 

 

Bloggers Have Same First Amendment Protections as Traditional Journalists – HRO vs Evavold Should Be Dismissed

This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.” ~ Choon James

The purpose of the free press clause of the First Amendment was to keep an eye on people in power and maintain a check on corruption.

Given the cutbacks in traditional media, bloggers have taken up the slack, serving as watchdogs — with attitude…Yet we still see an uninformed attitude from some lawmakers and judges who seem not to understand that digital and social media deserve the same respect as newspapers, magazines and broadcasters. ” ~ Ken Paulson, USA Today: Bloggers have rights, too: Column

IMG_2953

The Crystal Cox lawsuit is a landmark court case that defines, and upholds, the 1st Amendment protections of bloggers.. and is relevant when considering the recent HRO issued against Dede Evavold – blogging is an exercise of protected speech and does NOT constitute ‘harassment’!

Judge Karen Asphaug violated the 1st Amendment Rights of Dede Evavold by issuing a harassment restraining order against her that constrains, and censors, her exercise of free speech. A court cannot issue an order that violates the Constitutional rights of a party; as such the HRO issued by Judge Asphaug is void and should be immediately dismissed.

Dede writes about the HRO: “Most of you are aware of the fact that I was maliciously prosecuted and falsely convicted in the State of Minnesota vs Deirdre Evavold Case No.19HA-CR-15-4227.

There were several conditions beyond state sentencing guidelines imposed on me. However, the one condition that numerous attorneys and rank and file citizens are most amazed by is the restriction on my first amendment right to free speech (Judge Asphaug ordered that I may NOT reference the family involved in this case  on any social media)

As previously reported, I filed a witness tampering complaint against the petitioner in 2016. I had received a harassing and threatening extortion letter from petitioner’s attorney to intimidate me into deleting this blog and coerce me into changing not only my plea but to coerce me into changing my testimony in Sandra’s case. Also,  petitioner coerced and intimidated his daughter into recanting her testimony which led to the addition of 4 more felony charges against me.

Once again, the petitioner is violating the law by: retaliating against a person who was summoned as a witnes..”  For more info on the Evavold HRO please read: When We Lose Free Speech-We Lose Everything

CONSIDER THIS….

Court: Bloggers Have Same First Amendment Protections as Traditional Journalists

(Source: Slate, Daniel Politi, 1/18/2014)

“A blogger—and, really, the public at large—has the same protections for free speech in the United State as a traditional journalist and can only lose a defamation lawsuit on an issue of public concern if plaintiffs manage to prove negligence.

In a ruling that may come as a surprise to many bloggers who probably didn’t even realize this was even a question, the 9th U.S. Circuit Court of Appeals ordered a new trial for Crystal Cox, a blogger who had lost a defamation lawsuit in 2011 over a blog post that accused an Oregon bankruptcy trustee and Obsidian Finance Group of fraud, reports the Associated Press. A jury had awarded the plaintiffs $2.5 million.

 

To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment,’ writes Eugene Volokh, who represented Cox.”

 

__________________________________________

Confirmed: Bloggers Have First Amendment Rights as Corporate Media

(Source: Huff Post, ‘The Blog’. Choon James, 1/24/2014)

“On January 17, 2014, the 9th U.S. Circuit Court of Appeals sided with Crystal L. Cox from Eureka, Montana who was sued by for defamation by Kevin Padrick, an attorney and his company – Obsidian Finance Group, LLC. Cox had written posts exposing fraud, corruption, money-laundering and so forth…
This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.

Many concerned citizens have no choice but to create their own blogs and websites to level the playing field in this blossoming social media warfare.

The government has its plentiful public relations specialists, paid for by taxpayers. Corporations and special interests have their hired PR consultants. There are hired mercenaries who feel no qualms about spinning the facts. News media can be bought or controlled by big money or shut down.

It’s not uncommon for the public to read articles or watch the TV news only to lament the irregularities or inadequate reporting. Oftentimes, critical issues are shunned or ignored by corporate media because of entwined relationships.

Bloggers with information or have intimate experiences and understanding of issues are critically needed now, more than ever.

Blog away!”

_________________________________

Court Says Bloggers are Journalists Too

(Source: Law Street, Anneliese Mahoney, 1/21/2014)

Last week, the 9th US Circuit Court of Appeals ruled that the same standards that apply to journalists in print media also apply to bloggers and anyone else. The Reporters Committee for Freedom of the Press member Gregg Leslie said, ‘it’s not a special right to the news media. So it’s a good thing for bloggers and citizen journalists and others.’

The case came from a Montana blogger named Crystal L. Cox….

The Court stated,

The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable.” They went on to cite cases in which individual speakers have been granted First Amendment rights, despite not being a part of the established press. For example, the First Amendment rights of authors have often been protected, regardless of their training, background, or affiliations.

This is very good news for anyone who has a blog or even a desire to post things in an individual capacity on their social network…”

39580866-office-wallpapers

Public Domain Image

(Repost)Unconstitutional Courts Destroying Families for $$ – Hidden Truth Radio and John Hentges

Source: Unconstitutional Courts Destroying Families for $$ – Hidden Truth Radio and John Hentges

Unconstitutional Courts Destroying Families for $$ – Hidden Truth Radio and John Hentges

“The whole thing is about control.. if they (the court system) encounters a non-custodial parent like myself in pursuit of justice, they will do anything to keep truth off the records…”    ~ John Hentges

Public Domain: https://www.goodfon.com

(Originally aired 7/13/2017): Katherine Hine, host of “Hidden Truth Revealed” and guest John Hentges discuss the lawless family court system where corruption, fraud and abuses of judicial power are commonplace.

CLICK on this link to listen: UN-CONSTITUTIONAL “COURTS” DESTROYING FAMILIES FOR $$$

Hentges, a victim of family court in both Colorado and Minnesota, shares his story of how the “judges threw the law book out the door” during his divorce, and describes the devastating impact the injustice in the family court has inflicted on his life. Hentges says his divorce case was “fixed” and resulted in him becoming estranged from his 5 children, becoming impoverished (child support was imputed at more than 4x times higher than his actual earnings) and stripped of everything he owns – his home, business, personal vehicles, and even his premarital belongings and inheritance. Hentges was also arrested on false charges, and jailed, on 3 separate occasions.

Hentges also discusses what he believes is “criminal racketeering” occurring in the court system, where cases are fixed, and parents ensnared in the system, and even jailed, for financial incentives.

Hentges has continued to fight for justice, and since has founded Pro Se Alliance (a charity to help educate those are representing themselves pro se, or without representation, in legal matters) and The People’s Branch. He also discusses his ideas for court and judicial reform in this episode.

The last 15 minutes of the show (1:45 in timing) is a brief discussion of the Sandra Grazzini-Rucki case. Both Hentges and Grazzini-Rucki have family court cases in the 1st Judicial District in Minnesota.

The discussion includes:

  • How the court system “aided and abetted” to place the five Rucki children in the custody of an identified abuser; creating a situation so dangerous that the two oldest daughters ran away in order to protect themselves.
  • The retaliation attorney Michelle MacDonald faced for representing Sandra Grazzini-Rucki orchestrated “by the organized control crime that the controls the judiciary and the bar in Minnesota”.
  • That the State of Minnesota, and its leaders, have been provided with information, evidence and complaints concerning the Grazzini-Rucki case, and Hentges’ case, and others, and have failed to investigate or take action concerning systemic problems, and corruption, existing within the judiciary, and the family court system.

Hentges says about Judge David L. Knutson, the former family court judge on the Grazzini-Rucki case, “I hope he is listening or somebody is listening, I will do everything that I can to have that man put in prison for the rest of his life.

Hentges is advocating for, and taking action, to request a formal investigation of 32 victims of family court, including that of Sandra Grazzini-Rucki, and his own, and additionally asking for whistle blower like protection with the U.S. Attorney General and the Department of Justice.

Beware, the next blog post may be a threat to someone’s safety

Repost: Beware, the next blog post may be a threat to someone’s safety

David Rucki Says Blog Threatens Him

Michael Volpe

All rights reserved under the 1st Amendment regarding free speech. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Asphaug appears to be David Rucki’s personal judge. She presided over each of the four criminal trials in this case- Sandra Grazzini-Rucki, Dede Evavold, Dough Dahlen, and Gina Dahlen.

Asphaug ruled to disallow nearly all of David Rucki’s criminal history and forced Gina Dahlen to testify in multiple trials even though she was a defendant still awaiting her trial.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Beware, the next blog post may be a threat to someone’s safety.

That’s the allegation made in an ex-parte restraining order filed by David Rucki against Dede Evavold.

“Respondent (Evavold) continues to post information about my family, photos of my family, myself and other members of my family,” Rucki said in his ex-parte harassment restraining order application, “Respondent also continues to make allegations which are false but may incite others against me. My children are frightened for their safety and feel their privacy has been violated.”

The application continued, “This is a proven pattern that has been going on for years.”

Rucki does not specify what Evavold has said which is harassing or threatening; an email to Rucki’s attorney, Lisa Elliot, was left unreturned.

Evavold has a blog called Red Herring Alert, where she writes about the Rucki case among other blog posts.

This is not the first time David Rucki has used the legal system to try and shut Evavold’s blogging down. In the Summer 2016, his then attorney, Marshall Tannick, sent Evavold a letter threatening a lawsuit if she didn’t remove her blog immediately.

“I am writing to you on behalf of David Rucki,” began a letter from Tanick to Evavold from June 7, 2016, “and his daughters, Samantha and Gianna, with regard to the matter relating to the removal and concealment of the girls and related incidents that have occurred during that episode and thereafter.

“There are various civil claims arising from your involvement in this matter.”

Tannick did not respond to an email for comment and it’s not clear if he is representing him regarding the restraining order.

Evavold did not respond to the letter at the time and continued blogging.

On April 18, 2013, Rucki’s two oldest daughters- Samantha and Gianna- ran away from home and stayed for approximately two and half years with strangers- Doug and Gina Dahlen- after a judge- David Knutson forced them to live with Rucki’s sister- Tammy Love; even though all five Rucki children complained vociferously at the time that David Rucki and his family were violent.

Rucki has lived in the Minneapolis suburb of Lakeville throughout the process.

Evavold was one of four people convicted in relation to this disappearance after she recommended to the girls’ mother- Sandra Grazzini-Rucki- that she take her two daughters to live with the Dahlen’s; the Dahlen’s pled guilty for their role in hiding the two girls earlier in 2017.

Ironically, David Rucki is no stranger to restraining orders as nine people- his five children, his ex-wife, two neighbors, and an in-law- all successfully took out a restraining order against him after threatening and stalking behavior.

This case has been covered internationally and Rucki has conducted hundreds of interviews, making his pleas for privacy curious.

Rucki has a long history of violence including: includes: a bar fighta road rage incidentincidents of stalkingmultiple violations of restraining orders, and choking his wife with an organ leg.

The trial judge- Karen Asphaug- disallowed any mention of his criminal history; when his ex-wife testified at her trial she wasn’t even allowed to allude to the restraining order she and her children took out against him.

The four defendants argued they hid the girls because they feared for their safety in Rucki’s care; Rucki once chased after his daughter on her birthday, according to a police report and stuck a gun in his son’s head according to a Child Protective Services report.

Not surprisingly, Asphaug also granted him this restraining order ex-parte, which means without the other parties- in this case Evavold- knowledge.

Normally, an ex-parte restraining order is only granted in cases where someone is under immediate threat of physical danger and the granting of a restraining order based on blog posts should raise first amendment issues.

I contacted Brandon Stahl (Minneapolis Star Tribune), Laura Adelmann (Sun-Current), Michael Brodkorb, Elizabeth Vargas, Sean Dooley, and Beth Mullins (the last three the team behind the controversial 20/20 broadcast on this case which ignored Rucki’s documented history of abuse)- but none provided a response.

Adelmann, it was recently revealed, approached the jury during Sandra Grazzini-Rucki’s trial and asked if any would like to be interviewed after the trial was over; her behavior is now the subject of a jury tampering allegation.

Asphaug appears to be David Rucki’s personal judge. She presided over each of the four criminal trials in this case- Sandra Grazzini-Rucki, Dede Evavold, Dough Dahlen, and Gina Dahlen.

Asphaug ruled to disallow nearly all of David Rucki’s criminal history and forced Gina Dahlen to testify in multiple trials even though she was a defendant still awaiting her trial.

The 1st Judicial District, where Asphaug sits, would only say that judges are chosen to a case “by statute” but would not explain how Asphaug wound up repeatedly on Rucki’s cases.

A phone call and email to Lissa Linne, a public affairs officer for Minnesota Courts, was left unreturned.

A call to Asphaug’s law clerk, Jennifer Williams, was also left unreturned.

Asphaug taking over legal proceedings related to Rucki continues a pattern.

Judge David Knutson placed himself on every legal case related to the Rucki’s when he took over their divorce in 2011.

“The above referenced matter has been assigned to the Honorable Judge David Knutson,” a letter written by Knustson’s clerk in August 2011 stated, “all future matters shall be scheduled in front of Judge David Knutson.”

Knustson proceeded to issue approximately 4,000 orders, almost all regulating Sandra Grazzini-Rucki’s behavior; he gave 100% of a multi-million estate to David Rucki and forcibly- under the threat of jail- removed Sandra Grazzini-Rucki from her home, and awarded David Rucki sole custody of his children, despite his documented history of violence.

Sandra Grazzini-Rucki has not seen any of her five children since early 2013.

Evavold has twenty days to challenge the restraining order.

The terms of the restraining order forbid Evavold from speaking about the Rucki family in public or approaching the family; the restraining order appears to be overkill as the terms of Evavold’s probation already forbid all this.

Evavold’s probation is overseen by Judge Asphaug, though she’s yet to violate her probation.

Evavold has four months left to serve on her prison term, but like Grazzini-Rucki, Asphaug has ordered her to serve it over the next six years.

Judge Asphaug: Blogging More of a Safety Threat Than Frightening Neighbors, Intimidating Police

REPOST: Judge Asphaug: Blogging More of a Safety Threat Than Frightening Neighbors, Intimidating Police

In yet another bizarre development of the Grazzini-Rucki case, David Rucki claims that blogging is a threat to his safety, and that of his minor children and filed for a restraining order against Dede Evavold, co-defendant in the Grazzini-Rucki criminal trial. It should be noted that Rucki’s petition for a harassment order (HRO) did not actually name or specify what blog had allegedly harassed or threatened him. The HRO did not provide any evidence that Evavold was responsible for owning any blog or that she had posted anything about Rucki on social media that constitutes the legal definition of harassment (per 609.748 Harassment Restraining Order).

Without proving actual harassment occurred, and in violation of Evavold’s freedom of speech, Judge Karen Asphaug granted a HRO against her that is effective for 2 years. Ex Parte HRO

There are numerous problems with the HRO granted … including Judge Asphaug’s prior role on a criminal case involving David Rucki, where she was instrumental in dismissing charges that involved physical threats and harassment that he committed against the neighbors. 

Another connection is that Judge Asphaug’s husband, David Warg, shares a close professional and social relationship with Judge Tim Wermager, the first judge to preside over the Grazzini-Rucki divorce. A local newspaper article covering the swearing in of Judge Wermager alludes to political alliance, and deals made on the golf course that influence the court system, and judiciary, in Dakota County. Are these forces also at play in the Grazzini-Rucki case?

Judge Asphaug Dismissed Prior Criminal Charge Against David Rucki Despite Overwhelming Evidence of Threats, Harassment

That Judge Karen Asphaug quickly issued a HRO against Dede Evavold with absolutely no evidence to support any of the claims made is a sharp contrast to the role she played in dismissing a serious charge of disorderly conduct against Rucki, that involved harassment and threats. Many of Rucki’s acts were targeted against children. The police report filed from this incident includes remarks from Rucki that suggest he knew that if criminal charges were filed, the court would rule in his favor.

On September 8, 2009, Rucki was arrested and charged with disorderly conduct after threatening and harassing his neighbor and swearing at and threatening their children. Police responding to the complaint noted in their report that Rucki tried to intimidate them and referred to the neighbor as a “bitch”. Explosive Expose by Michael Volpe: Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?

Officer Michelle Roberts writes in her report,”Suspect (Rucki) told me that he didn’t have to listen to me. I advised him that if he would not allow me to question him regarding the specifics, I would have no choice but to charge him with disorderly conduct based on their allegations.

He stated,’Go ahead, it’s their word against mine and you can’t prove anything.’

I told him I would mail him a citation for disorderly conduct and he would have the opportunity to give his side in court. He responded,’I’m not going to show up for court, this is bullshit.’  He then said,’You guys can get the fuck off my property.’ Suspect approached us two additional times, each time arguing that we couldn’t take their word over his.

In a supplemental report written by Officer Barb Maxwell, she took a complaint from the neighbor regarding Rucki’s frightening behavior towards his family. Officer Maxwell notes that when she attempted to speak to Rucki, he “..tried to intimidate me. I introduced myself and stated,’I am here because of a complaint on your dogs.’ Rucki got very close to me and said,’There is NO complaint on my dogs‘, and from that point on I was unable to say another word.”  Rucki Incident Report 9/8/2009

Public Domain Image

Judge Karen Asphaug presided over the criminal trial against Rucki and dismissed all charges under unusual circumstances. Journalist Michael Volpe has extensively investigated the Grazzini-Rucki case and writes about these charges against Rucki, and the resulting hearing: “The case came in front of Judge Karen Asphaug and on December 31, 2009 a preliminary hearing was held.

As a result of the hearing, a trial was scheduled for February 8, 2010. But, on the eve of the trial, the defense filed a motion to dismiss for “lack of probable cause.” That motion was granted without a hearing by Judge Asphaug and the case was thrown out.

This is unusual and inexplicable. A motion to dismiss for lack of probable cause is supposed to be heard during the pre-trial hearing. If a trial date is set, that normally means the probable cause standard has been met. Furthermore, given the number of witnesses to the altercation, dismissing for lack of probable cause is even less appropriate.”  Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?

That Judge Asphaug presided over this prior disorderly conduct case  against Rucki should have disqualified her from later presiding over the criminal case of Sandra Grazzini-Rucki, Dede Evavold and the other 2 co-defendants. That Judge Asphaug had knowledge of an incident involving a criminal charge against Rucki, where he was accused of violent behavior, creates a conflict of interest.

Further, this incident with the neighbor should have been allowed as evidence at Sandra’s criminal trial but Judge Asphaug would not allow it in. The neighbor had also written letter to describe his experiences with Rucki,”In our near decade of living next to him I have found him to be a very angry individual rages at anyone who has contention or confronts him. It got so severe against our family that the court awarded us a restraining order in September 2009….

As police reports can verify, he has boldly cursed profanely at, and tried to intimidate Lakeville’s female animal control officer. It is logical to conclude he is capable  of more towards those more vulnerable, such as his wife and children.

Judge Asphaug’s Husband Connected to First Judge Who Presided Over Grazzini-Rucki Divorce

Judge Karen Asphaug is also married to attorney David Warg, who was once a partner in a law firm with Judge Tim Wermager. Judge Wermager was the first judge to preside over the Grazzini-Rucki divorce.

A news article on the swearing in of Tim Wermager suggests that a good ‘ole boys club exists in Dakota County. The article hints that Wermager became a judge because of his political connections. (2008) Wermager sworn in as judge

Notable excerpts from the article include:

(Judge William) Thuet, also a Hastings resident, is a former attorney from the same law firm that Wermager practiced with for many years. In his remarks, he mentioned the connection.

“What do Rex Stacy, Tom Bibus, me, and now Tim Wermager, have in common?” he asked. “We all were in law practice with Jim O’Connell. He’s the judge maker.”

…Thuet was sworn in as judge in 1983 and remembers being told to “do what is right.” He urged Wermager to do the same.

In his remarks, Wermager thanked everyone, including his law partners O’Connell and David Warg, his family, and friends.

“One of the reasons I wanted to have this ceremony here is because of the history here,” Wermager said. “This is where we all started. (Community Room, Hastings City Hall

Wermager said Dakota County is held in high regard for its judicial practices.

“Attorneys like to practice here,” he said. “They are treated fairly and with respect.”

That pattern was begun by Judges Breunig (Robert), Mansur (Martin), and Hoey (George), Wermager noted. It continues today.

In this environment of cronyism and backroom deals how could Sandra Grazzini-Rucki or an of the co-defendants in the criminal trial, including Dede Evavold, ever receive a fair trial? When justice is offered for sale, it ceases to exist as justice and instead sows the seeds of corruption, greed and abuse of power at every level of the system.

HRO: Who is Harassing Who?

Rucki’s filing of a HRO against Dede Evavold seems well timed to silence Evavold from speaking out about her case, and to make an example of her to intimidate anyone else who is posting on social media, or other news outlets, about the Grazzini-Rucki case. There is only one narrative on this case that Rucki endorses – his own.

Second, Evavold has recently filed an appeal on her conviction of felony parental deprivation charges. Evavold Response Brief: Deceptive Dakota County If Evavold’s case is overturned on appeal, she could still be subject to this HRO, which would become another way for Judge Asphaug to throw her in jail for any social media posting… As this HRO has established there doesn’t need to be evidence that Evavold did anything wrong to punish her. The basis of the HRO is quote “blog” posting with no blog named, no threatening statements listed, no acts of harassment cited,no proof Evavold posted anything that constitutes harassment or threats as defined by law. Judge Asphaug has created a situation where she can blame Evavold for any “blog” and charge her with an HRO violation; this is a clear abuse of judicial discretion.

 

Appellate Briefs Reveal More Shocking Behavior in Rucki Case

Get the Down and Dirty from Dakota County …

Appellate Briefs Reveal More Shocking Behavior in Rucki Case

** 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.

(James Backstrom)

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.

 This incident occurred on Friday July 18, 2016, while the trial was ongoing, and on Monday July 21, 2016, Judge Asphaug issued this statement to the court gallery.

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.

(Judge Asphaug)

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.

(David Rucki)

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.”

 

%d bloggers like this: