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

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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

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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.”

 

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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!”

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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…”

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When We Lose Free Speech-We Lose Everything

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). Of course, this isn’t shocking to me as I know the overall goal is to target and block anyone reporting truth about the abuse of power and authority in our public entities.                    

On July 31st, 2017, I was also served with a false harassment restraining order (HRO) signed by the very judge that presided over my criminal trial. Affidavit for HRO. 

Coinkydink? I think not! To locate the signing judge that will do your bidding, you just need to visit the Daily Judicial Schedule. 

Anyhow, the restraining order was issued ex parte and the petitioner indicated that he is not requesting a hearing at this time. In order for me to access the courts for a hearing to have this harassing harassment order dismissed, I have to pay a $300 filing fee. I have already been charged thousands of dollars in court fees from the courtroom, to jail, to probation. This is the continued legal harassment that I am under because I refuse to accept the continued injustices being thrown at me.

RESTRAINING ORDER ABUSE 

“Restraining order abuse is the act of requesting an unmerited restraining order against an individual, and/or the misuse of that order for any sort of harassment, malicious mischief against the subject, or personal gain for the holder, rather than its intended purpose of protection. 

An individual awarded a restraining order has significant capacity to abuse the state’s protection. The holder can manipulate circumstances, fudge facts, and even outright lie to achieve the arrest of the subject. Any time the holder of the order alleges to law enforcement that the subject has violated any of the conditions of the order, the police are required to arrest the subject for the alleged violation regardless of existence, level, or lack of evidence offered by the involved parties. Hannah Wallen

Image result for tampering with a witnessAs 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 witness at any criminal trial within a year following that trial or within a year following the actor’s release from incarceration, and retaliating against any person who has provided information to law enforcement authorities concerning a crime within a year of that person providing the information or within a year of the actor’s release from incarceration, whichever is later. §609.498 Tampering With Witness

More about an HRO

The effect of an HRO is generally to prohibit the respondent from having direct or indirect contact with the petitioner during the time the order is in effect. This includes verbal contact, mail, telephone calls, e-mail, or having a third party convey a message to them.

It doesn’t mean someone can’t talk or write about that person. It just means s/he can’t talk or write to the person that filed the HRO.

If what a person writes about is true, no matter how unflattering it might be, it isn’t libel. Truth is an absolute defense against allegations of libel/slander/ and defamation.

If the respondent is reporting facts about the case, that’s his or her Constitutional right (as is his or her expressing an opinion about those facts). 

A restraining order in no way restricts the respondent from taking legal action against the plaintiff or reporting his or her misconduct to the police or the courts; it only forbids them from personally contacting or approaching the plaintiff.

If the respondent hasn’t contacted the person filing the HRO, they are not vulnerable to an allegation of harassment. If they haven’t lied about the petitioner, they’re also immune to allegations of libel or defamation. Additionally, people have a first amendment right to re-distribute information contained in a public record. Judge Asphaug apparently didn’t get the memo that preventing blogging and protecting reputation is not a governmental interest and posting information or opinion is protected under the constitution.


We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.
~Abraham Lincoln~

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. 

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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.”

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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

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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.

 

Deceptive Dakota County

Image result for mn judicial branch

Continue Reading: https://www.scribd.com/document/353993982/Reply-Brief-Evavold

Respondent’s Brief (Dakota Co.)

Original Appeal 2017


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We’re Not Crazy…The Systems Are!

Corrupt Officials and Crooked Media

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