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
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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.