Another monkey wrench was thrown into the rigged Sandra Grazzini-Rucki criminal case 19HA-CR-15-2669.
It’ was reported that the Prosecution put a Lakeville Police Officer, Tammy Love (the aunt), Gina Dahlen, Doug Dahlen and Dede Evavold on the stand. The writer indicated that there are no reports as to what these prosecution witnesses testified to. Family Abduction Watch.
The real skinny? On Monday, July 18th, Doug Dahlen, Gina Dahlen and Dede Evavold attended a use immunity motion hearing made by the State. There was no jury present since it was not a jury trial proceeding. The malicious subpoena and malicious use immunity testimony is discussed further on a previous Red Herring Alert post “Forced Testimony“.
The two greatest downfalls for a witness on cross-examination are guessing at an answer and becoming argumentative with opposing counsel. … The opposing lawyer is motivated to get your witness to guess since he knows he can use that guess later in cross-examination to destroy your witness’ credibility. D. Shane Read, Winning At Trial. (National Institute for Trial Advocacy: 2007) page 145-146.
Oral arguments were made that evidence/discovery has been withheld and witnesses were unable to prepare for testimony. It was also argued that use immunity violated the right against self-incrimination and that the prosecution could use the forced testimony to plan their strategy for the witness’s upcoming trials – Case No.19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise Evavold, Case No. 19HA-CR-15-4229 Minnesota vs Douglas Craig Dahlen & 19HA-CR-15-4230 State of Minnesota vs Gina Schmit Dahlen.
Judge Aspaugh ruled in favor of the State and granted the motion to compel, as apparently, trial by ambush is the only way the corrupt prosecutors in lawless Dakota County can win their rigged cases.
Testimony was tentatively scheduled for Thursday, July 21st, 2016.
As readers will recall, an email was sent to Brian Jones, First Judicial District Administrator to forward the criminal complaint made by Dede Evavold to the chief judge for investigation.BackstromCmplt01b
Michael Rhedin and Dede paid a vist to Brian Jones on July 18th to make it clear that Dede wasn’t going to be forced to guess and speculate during her sworn testimony. (Conversation Recorded).
Corrupt First Judicial District Chief Judge Conkel was forced to acknowledge the criminal complaint against the Dakota County Attorney’s Office. Conkel’s “solution”? Grovel with Judge Karen Aspaugh!
See Conkel Response Below:
“Your email and the attached materials indicate you have an issue in your case with how discovery has been handled by the Dakota County Attorney’s Office. That issue and any motions for relief or other orders should be appropriately brought before the trial court judge in your case.
Any allegations that an Attorney has acted unethically can be made to the Minnesota Board of Professional Responsibility. Based on your letter to the Hastings Chief of Police, it Is evident you are aware that any allegations of criminal conduct are made to the local law enforcement agency.” (Emphasis added)
I had my Discovery Review Hearing on May 12, 2016 in which I told Judge Aspaugh that I was still having my evidence/discovery illegally withheld. Judge Aspaugh stated, “I can’t do anything about that. You’ll have to deal with the county prosecutor’s office.”
Gina Dahlen testified on July 21st. Doug Dahlen and Dede were released from their subpoenas on the same day.
“I’ve always been a pragmatic policy maker. It’s not about party or labels, it’s about solving problems that matter to people and families.”
Well, I’ve got some problems that matter to me, but Lakeville Mayor Matt Little hasn’t been willing to help me solve them. In fact, I have left numerous voice mails and sent numerous emails to make him aware of the witness tampering, harassment by the Lakeville police and illegal withholding of my evidence in rigged case no. 19HA-CR-15-4227 State Of Minnesota VS Deirdre Elise Evavold. The evidence of this misconduct was sent to Matt & is outlined in the criminal complaint below.
I was forced to file against Dakota Co. Attorneys: James Backstrom, Philip Prokopowicz and Kathryn Keena on February 21, 2016 for illegally withholding readily available, free, electronic, data in violation of the Minnesota Government Data Practices Act (Chapter 13.09) and criminal misconduct of a public official (Chapter 609.43(1)). The so-called judge Karen Asphaug has also been aiding and abetting this miscarriage of justice by ignoring her own orders. “All discovery shall be exchanged PRIOR to the settlement conference. Probable cause, and scheduling order for: 19HA-CR-15-4227. Signed by Karen Asphaug 3-1-16.” I have been to forced to travel approximately one and one half hours one way to multiple court hearings, only to be denied my discovery.
Click on document to zoom↓
Matt has willfully refused to respond to a single email/voicemail and it would appear that lawyer Little wants to distance himself from this obstruction of justice. As an attorney, he knows that it’s impossible for me to prepare for my trial or for my testimony in the Sandra Grazzini-Rucki trial on Monday, July 18th without my discovery/evidence. Apparently trial by ambush is how Mayor/Lawyer Little believes our system of justice should function.
It is the duty of the mayor, clerk, and councilmembers to ensure the city fulfills its duties under the law and lawfully exercises its powers.
City officials can sometimes be held personally liable for failing to act or for taking unauthorized actions on the part of the city. To avoid personal-liability lawsuits, city officials should gain a working knowledge of the laws that regulate city government http://www.lmc.org/page/1/duties-resp-mayor-council.jsp
On June 24th, 2016 I was forced to travel to the Hastings Police Dept. to hand deliver the complaint against the Dakota Co. Attorneys James Backstrom, Philip Prokopowicz and Kathryn Keena. I was forced to do that because Hastings Police Chief Bryan Schafer willfully refused to acknowledge receipt of my emailed complaint. It’s ironic since Gary Hird of the Lawyer’s Professional Responsibility Board did. Even though I have audio and video evidence of hand-delivering my complaint to Lieutenant Joe Kegley, Chief Schafer willfully refuses to email me the public portion of the police report that I filed against Backstrom, Prokopowicz and Kathryn Keena.
On the same day, I attempted to file a criminal complaint with the Lakeville Police against David Rucki (ex-husband of Sandra). I have reason to suspect Rucki was engaging in witness tampering. Rucki was harassing, threatening, and intimidating me via the U.S. Mail. The Lakeville police personnel claimed that Deputy Chief Kormann had them tell me that they did not have any officers available to take my complaint. The video that I have in my possession indicates that not one but two officers were witnessed at the Lakeville PD who could have easily taken my valid complaint.
609.498 TAMPERING WITH WITNESS https://www.revisor.mn.gov/statutes/?id=609.498&format=pdf
Subdivision 1. Tampering with witness in the first degree. Whoever does any of the following is guilty of tampering with a witness in the first degree and may be sentenced as provided in subdivision 1a:
(a) intentionally prevents or dissuades or intentionally attempts to prevent or dissuade by means of force or threats of injury to any person or property, a person who is or may become a witness from attending or testifying at any trial, proceeding, or inquiry authorized by law;
(b) by means of force or threats of injury to any person or property, intentionally coerces or attempts to coerce a person who is or may become a witness to testify falsely at any trial, proceeding, or inquiry authorized by law;
(c) intentionally causes injury or threatens to cause injury to any person or property in retaliation against a person who was summoned as a witness at any trial, proceeding, or inquiry authorized by law, within a year following that trial, proceeding, or inquiry or within a year following the actor’s release from incarceration,whichever is later;
(d) intentionally prevents or dissuades or attempts to prevent or dissuade, by means of force or threats of injury to any person or property, a person from providing information to law enforcement authorities concerning a crime;
Subd. 1a. Penalty. Whoever violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine not to exceed $10,000.
I contacted Tim Pitcher, Farmington Councilmember and State Senator District 58 Candidate via phone and email to inform him about his fellow Candidate Matt Little. Tim returned my call promptly and I was able to inform him that Matt Little has had no difficulty stepping on me to climb the political ladder and clearly serves a corrupt special interest group vs. the public’s interest.
He agreed to contact Dakota County Attorney James Backstrom to request that my evidence be emailed to me immediately to prepare for my testimony in Sandra Grazzini-Rucki’s trial (He assured us that he would send a follow-up email regarding contact with Dakota Co.)
Candidate Filings 2016 State General Election: State Senator District 58 Candidate Name Tim Pitcher Party Republican Website www.timothypitcher.com File Date 5/17/2016
State Senator District 58 Candidate Name Matt Little Party Democratic-Farmer-Labor Website www.votelittle.com 5/18/2016 Email: firstname.lastname@example.org Phone Number (952) 2889660 Residence Address 17523 FREEPORT CT FARMINGTON, MN 55024 Campaign Address PO BOX 650 LAKEVILLE, MN 55044 Just wondering how you can be the mayor of Lakeville and reside in Farmington?
As stated before, apparently, the only way Dakota County can win their cases is by illegally withholding evidence from the defendants they are victimizing in criminal cases and forcing them to plead guilty without ever receiving their evidence. I did report this obstruction of justice to District 4 – Commissioner Nancy Schouweiler (Calls recorded). Schouweiler lawyered up and apparently has no intention of investigating the misuse of public funds nor the misconduct of the public officials at the Dakota County Attorney’s office. To protect myself and others, I have been educating the public that they cannot trust any arrest, prosecution nor conviction in lawless Dakota County and I’m also going to continue to educate the public that they cannot trust Mayor/Lawyer Matt Little.
Welcome to Big Time Small-Time Dicks, a regular column on The Slot that explores local politicians, small-town scandals, and everything else making life miserable on a local level. Know a small time person who is a big time dick we should feature? Email us.
A Florida judge who jailed a crying survivor of domestic abuse is being sanctioned by the state Supreme Court. Seminole County Judge Jerri Collins jailed the woman for three days last summer after brutally berating her in court, telling her, “You think you’re going to have anxiety now? You haven’t even seen anxiety.”
Collins jailed the woman for contempt after she failed to appear to testify against her attacker, the father of the woman’s one-year-old child. The woman told police that the man choked her, threatened her with a knife and ground his thumbs into her eyes. But the woman didn’t appear in court to testify; when compelled to appear, Collins berated her at length:
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!