Red Herring Alert

There's something fishy going on!

Censorship

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Everyone has the right to seek, receive and impart information and ideas without fear or interference. Well, ALMOST everyone.

Probation Conditions in State of Minnesota vs Deirdre Elise Evavold- Case No. 19HA-CR-15-4227

“You will not reference any of the XXXXXXXX-XXXXX family on any social media.”

I previously posted a press release on Darren Chaker, who reversed his conviction in federal court on First Amendment grounds. A Good Day For The First Amendment.

After corresponding with Mr. Chaker regarding my own First Amendment violations as well as numerous other violations in my case, I was enlightened further about our inherent rights.  See Below

“Rights might be inherent, but ideas need to be taught.” Maida Buckley, retired classroom teacher in Fairbanks, Alaska

Image courtesy of Pixabay

Focusing on the First Amendment issue,  I see a few flaws in Condition 2 preventing referencing to specific people in social media:  Case No. 19HA-CR-15-4227

What if you want to criticize the police/DA, the judicial process, etc but cannot even reference to your case since it makes reference to the names of the people you cannot make reference to? Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government because criticism of government is at the very center of the constitutionally protected area of free discussion. Chaker v. Crogan, 428 F.3d 1215, 1217, 2005 U.S. App. LEXIS 23728, *1, 33 Media L. Rep. 2569 (9th Cir. Cal. 2005)​ Yes that is my first First Amendment case where I overruled the California Supreme Court. See also, https://www.scribd.com/document/3698825/Press-Release-CAL-SUPREME-COURT-Reversed-by-Chaker-v-Crogan

Additionally, you have a First Amendment right to re-distribute information contained in a public record.

     Preventing Blogging is Not a Governmental Interest.

For government to regulate speech, it must be “integral to criminal conduct.” United States v. Meredith, 685 F.3d 814, 819, 2012 U.S. App. LEXIS 13012, 7, 2012-2 U.S. Tax Cas. (CCH) P50,421, 110 A.F.T.R.2d (RIA) 5157 (9th Cir. Cal. 2012) Typically, restriction of speech concerns a gang member not associating with other gang member; a child pornographer being monitored or restricted from the internet, defendant not speaking to victims, etc. The only nontypical First Amendment challenge relates to a defendant speaking or writing about the unconstitutionality of tax laws and was reversed, but prohibiting advocating tax evasion was affirmed. Speech is presumptively protected by the First Amendment. The burden is on the government to show that a defendant’s website is within one of the narrow categories of unprotected speech. United States v. Carmichael, 326 F. Supp. 2d 1267, 1270, 2004 U.S. Dist. LEXIS 13675, 1 (M.D. Ala. 2004) The Government would in its burden as it did not prove the speech at issue would be outside the scope of the First Amendment.

Suppressing speech rarely is justified by an interest in deterring criminal conduct, and in any event the justification “must be ‘far stronger than mere speculation about serious harms”’ and supported by “empirical evidence” Barnicki v. Vopper, 532 U.S 514, 530-32, 121 S.Ct 1753, 1763-64, 149 L Ed 2d 787 (2001) (citing U.S v. Treasury Employees, 513 U S 454, 475 (1995))  

Protecting Reputation is Not a Government Interest.

If the Government were to say, ‘the families have been through enough and do not want to cause embarrassment or harm to there reputation’ – such would not be a proper Governmental interest. Specifically, protecting ones reputation is not a governmental function unless it violates criminal law.  United v. Alvarez, 617 F. 3d 1198. (Stolen Valor Act held unconstitutional) “At issue here is the First Amendment exception that allows the government to regulate speech that is integral to criminal conduct. . . .” Id. at 819-20. United States v. Osinger, 753 F.3d 939, 946, 2014 U.S. App. LEXIS 10377, 17-20, 2014 WL 2498131 (9th Cir. Cal. 2014)

Further, you have the right to attack people if you believe such behavior was unethical. See Wait v. Beck’s N. Am., Inc., 241 F. Supp. 2d 172, 183 (N.D.N.Y. 2003) (“[A s]tatement[] that someone has acted . . . unethically generally [is] constitutionally protected statements of opinion.”); Biro, 883 F. Supp. 2d at 463 (“[T]he use of the terms ‘shyster,’ ‘conman,’ and finding an ‘easy mark’ is the type of ‘rhetorical hyperbole’ and ‘imaginative expression’ that is typically understood as a statement of opinion.” (quoting Milkovich, 497 U.S. at 20)).

 Loss of Privacy Due to High Profile Case.

Also, due to all of the publicity in the case, it is likely the names you cannot blog about are deemed public figures. Public figures are entitled to less protection against defamation and invasion of privacy than are private figures with respect to the publication of false information about them. Carafano v. Metrosplash, Inc., 207 F. Supp. 2d 1055, 1059, 2002 U.S. Dist. LEXIS 10614, 1, 30 Media L. Rep. 1577 (C.D. Cal. 2002)

         

Purpose of Probation is to Rehabilitate and Prevent Future Criminal Conduct, Blogging is Neither.

Consideration of three factors is required to determine whether a reasonable relationship exists: (1) the purposes sought to be served by probation; (2) the extent to which constitutional rights enjoyed by law-abiding citizens should be accorded to probationers; and (3) the legitimate needs of law enforcement. (Citation omitted.) United States v. Pierce, 561 F.2d 735, 739 (9th Cir. 1977). United States v. Lowe, 654 F.2d 562, 567, 1981 U.S. App. LEXIS 18287, 11 (9th Cir. Wash. 1981) See also, United States v. T.M., 330 F.3d 1235, 1240 (9th Cir. 2003) (“The conditions imposed run afoul of the supervised release statute because there is no reasonable relationship between them and either deterrence, public protection or rehabilitation.”)


“The Minnesota legislature delegated the authority to prosecute criminal matters to the county attorney, who was elected by the voters of that county.”

But, according to the Minnesota Attorney General’s website, the office does sometimes get involved in criminal matters:

The Dahlens have pled guilty in an associated case for their role xx xxxxxx xxxxxxxx xxx xxxxxx, while another defendant, Dede Evavold, was found guilty as well. Inexplicably, Judge Karen Asphaug presided over all four cases.

A message left with the Minnesota Attorney General’s Office concerning the current legal situation was left unreturned. An email to Laura Flanders was also left unreturned and an email left with the Minnesota Attorney General’s Office was also left unreturned. The current Minnesota Attorney General is Democrat Lori Swanson, and she has held that position since 2007.


Excerpts from The “Justice” blog authored by an anonymous group of concerned citizens.
The Attorney General’s Office has been receiving documentation concerning the XXXXXXXXXXXXXX case for over 5 years and has refused to investigate or take any action in the face of serious allegations, and evidence, showing corruption in local government and law enforcement. However, when opposing President Trump’s immigrant order, Lori Swanson said “It does not pass constitutional muster, is inconsistent with our history as a nation, and undermines our national security.” The same can be said for Dakota County; yet instead of taking a public stance on a very real concern that affects not only the XXXXXXXXXXXXXX family but the entire state of Minnesota, and possibly tens of thousands of families victimized by an out of control court system, Swanson remains silent. Now is a time for leadership, not silence.

Another article written by Michael Volpe on indicates that other MN citizens have encountered the same type of cover-up by the MN Attorney General’s Office.
Excerpts Below:
The tact does not surprise John Hentges, another parent battling court officials on behalf of his children and suffering from disingenuous actions by the court, who told CDN that rather than representing the people of Minnesota the office covers up and represents the corrupt public officials.

“I reported the corruption to her (Lori Swanson, Minnesota Attorney General) and to the governor and to the Minnesota Chief Justice of the Supreme Court.” Hentges.

Hentges said he spent time in jail for failure to pay child support for a bill which had already been paid in another state and his trials in the Minnesota Justice System opened his eyes.

“I found several other things they were doing in the criminal justice system.” Hentges said. “I firmly believe that nearly every single case in the 1st Judicial District is fixed in one way or another.”

 

Lion News: Exclusive Video Of Samantha Rucki Testifying Her Testimony Is Not Of Her Free Will?

ArrestAJudgeKit

SubscribedUnsubscribe1,5801K

AIDING AND ABETTING IN THE OBSTRUCTION OF JUSTICE

A Mayor, running to be the State Senator for Lakeville, Farmington, Hampton, Vermillion, New Trier, Miesville, Dennison, Randolph, Northfield, and 12 townships!
MLS

“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.

BackstromCmplt01b

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

Subpoena PicMatt 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.

Elected Officials’ Duties & Responsibilities                                                 

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.                                                                                                                        Hellmuth & Johnson

Facing potential civil litigation in Rucki case, owner deletes blog

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. 


Pitcher

Tim Pitcher, Farmington Councilmember (651-492-4982 tpitcher@ci.farmington.mn.us) State Senator District 58 Candidate (651-492-4982 tim@timothypitcher.com)

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: matt@votelittle.com 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.

STAY TUNED!

NOT BUYING WHAT YOU’RE SELLING!

Sam 2

Sandra Grazzini-Rucki and children

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.

Empty Hands

Image courtesy of marcolm at FreeDigitalPhotos.net

 

 

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.

ID-100430238

Image courtesy of cookie__cutter at FreeDigitalPhotos.net

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.

Cost Calculation Form

 

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).

ID-10061387

Image courtesy of sscreations at FreeDigitalPhotos.net

 

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!

 

 

 

 

Investigative Reports on Grazzini-Rucki Case

Rucki girls would “suffer physical, sexual, and emotional abuse if returned to their father.”

Still Fighting from the Other Side

Obituary: Dale Nathan, family court critic, dies at 81

By Star Tribune             April 12, 2016 — 9:32pm

itemprop

Dale Nathan

If not for Dale Nathan, two Lakeville teens missing for more than two years may never have been found and reunited with their father.

Not that Nathan was happy about that. About two months ago, he told the Star Tribune that the reunification was a “tragedy,” alleging it was another example of corrupt courts putting children with abusive parents.

Nathan, a longtime attorney who became an outspoken critic of the family justice system, died of lymphoma Saturday. The Eagan resident was 81

Below is the complaint Dale Nathan filed against the Lakeville Police Dept. prior to his death in April of 2016.

 

Click on documents to zoom to review full complaint.

 

 

Abuse of Power in Grazzini-Rucki Case

Blogtalkradio TS Radio: Mike Volpe reports on the Rucki divorce/custody case | The PPJ Gazette

Hosted by Marti Oakley  Follow

M. Volpe

Click to listen to podcast:

http://www.blogtalkradio.com/marti-oakley/2016/05/23/ts-radio-mike-volpe-reports-on-the-rucki-divorcecustody-case

__________________________________________

Mike Volpe joins the show to report on the Rucki divorce/custody case here in Minnesota.  After an April 8, 2016 on 20/20, where Sandra Grazzini-Rucki was interviewed, it is uncertain what the actual situation is.  Why didn’t the court respect the wishes of the girls allowing them to live with their mother?  Why did the court give custody to the father who had a history of abusive behavior, documented in police reports?

“Despite his history, David Rucki currently has sole custody of their five children; Sandra Grazzini-Rucki last saw her children in early 2013 and she is scheduled to go on trial for parental interference for her alleged role in her two daughters’ more than two-year disappearance.

The Rucki family came to the attention of the media when the two oldest daughters ran away on April 19, 2013, after their pleas to live with their mother were shut down repeatedly by the court.

They remained missing until November 2015, when U.S. marshals discovered them on a farm in Herman, Minnesota”

Read more at  http://www.commdiginews.com/news-2/police-reports-paint-disturbing-minnesota-family-court-picture-62949/

%d bloggers like this: