Red Herring Alert

There's something fishy going on!

Criminalizing Whistleblowers

© 2015 Red Herring Alert. All Rights Reserved. Disclaimer: Red Herring Alert is an information and news organization. The information provided on this blog is intended as information only and is not intended to be legal advice. Each author on the blog provides information, personal opinion, and insight. None of the writers are attorneys, nor are they intending to provide legal advice or assistance with any court case. The writers do not necessarily agree with the opinions or blog posts of all other writers, but we support each other’s rights to free speech. Each writer is responsible for their own research and content.

The courts are continuing to legitimize malicious actions against me to silence me into submission. Yesterday I received 3 new charges for another writer’s posts on Red Herring Alert. At this rate, I will have a life sentence without the possibility of parole in a few months. See previous charges → MINNESOTA: COME ON VACATION-STAY ON PROBATION

Newest Charges Below↓

The system will always make criminals out of those who expose their criminal activities.

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“I Get Along Well With Judges”

“Everything secret degenerates, even the administration of justice;
nothing is safe that does not show how it can bear discussion and publicity.” ~Lord Acton~

In this audio, Tim Kinley and Dede Evavold discuss the rampant judicial misconduct in Dakota County and MN with State Representative Tony Cornish. Cornish is the Chairman of the Minnesota House Public Safety and Security Policy and Finance Committee.

The Minnesota House Public Safety and Security Policy and Finance Committee oversees and funds all areas within public safety, including the court system, the Bureau of Criminal Apprehension, and other corrections and justice programs.

Below are random excerpts from the video

Tim Kinley: It’s the legislature’s job to oversee the judiciary. We’ve got one of the most corrupt courts in the nation and the reason is because MN is able to hide it so well. While alot of other states are finding judges that are getting paid off and doing other things and getting caught and having the legislature deal with it, our state does nothing. They don’t even look at it. There’s been no official hearings since 2004.

Rep. Cornish: To tell you the truth, I’m about the worst person to come and ask because I get along well with judges. So I’m about the worst person in the world to come and ask for a hearing on the claim that our court is corrupt.

Tim Kinley:The problem is, it’s the legislature’s responsibility.

Rep. Cornish: We don’t bring judges in front of us and have tribunals.

Tim Kinley: Why not? You can, you should.

Rep. Cornish: I suppose we can do anything we want to.  As far as a hearing, I can have any type of hearing I want to. I don’t know, I guess we have a big disconnect, I don’t see the corruption that you do.

Tim Kinley: Well you’re not willing to hear about it.

Rep Cornish: I’ve been hearing about it for at least… 2 people came all the way down to Good Thunder to talk about it. I’m sorry I’m just not interested. I don’t want to have a hearing like that.

Tim Kinley: Our structure, as far as judicial discipline and our constitution, is the same as the federal. House hears the case, senate for impeachment and the senate if they impeach, try it. That’s our system, thats in our constitution. It just hasn’t happened.

Rep. Cornish: See, this is the whole thing with me is that the complaints usually come from somebody who felt they were wronged and they want to right it. If they’ve lost a case in our system, I’m supposed to somehow believe the whole system went wrong?

Tim Kinley: Well the whole system here is a prosecutor and judge.

Rep. Cornish: I don’t know what to believe. I think it would just be another case of “he said she said” and everybody would be frustrated and mad on both sides, and we would accomplish nothing.

Tim Kinley: Checks and balances. It is a separate branch of government, but each branch has a checks and balance. The checks and balance on the judiciary is nonexistent from the legislature. When you’ve got a Board of Judicial Standards that’s beholden to the Judiciary, they all get their licenses from the Supreme Court, you can’t say anything bad about the court. It’s just unbelievable that you have over 400 and some judges in the state and over the last one hundred years none of them have done anything wrong? It’s just impossible, the odds are against it.

Shocking Details Emerge – Fraudulent HRO Filed Against Blogger Dede Evavold

Source: Realty Websites Shine Reality on Rucki’s Fraudulent HRO vs Dede Evavold

Public Domain: redherringalert.wordpress.com

Update on Dede Evavold HRO… one of the complaints against Evavold in the fraudulent HRO filed by Davd Rucki is that she posted pictures of Rucki’s home on social media.

Dede Evavold on HRO: When We Lose Free Speech

Turns out that, in fact pictures of both the Ireland Place property and the property in Farmington, owned by David Rucki, were previously posted online in a realty listing. The photos of both homes have existed online for many years, and were made publicly available even before Evavold’s criminal trial began. These pictures are now in the public domain. 

What’s next an HRO filed against the realtor, against Google??

See for yourself:

Fraud on Farmington Property

Movato – Farmington Home

At some point Rucki listed this home in Farmington for sale, and his realtor created a site including interior and exterior photos of the home. Rucki then de-listed the house… if he was so poor and in need of public assistance, why not just sell the home and use the proceeds to support his family?

Rucki continues to keep ex-wife Sandra Grazzini-Rucki listed on the mortgage to the Farmington home — even to this day. Why? Rucki admitted in court that he masterminded a “paper divorce” and with the help of Judge Knutson, worked to destroy Sandra by depleting all of her financial assets. What came next was a series of court motions that made it impossible for Sandra to financially support herself, more court orders were issued to ban Sandra from all contact with family so she would not be able to receive any help or assistance. The sum of the 4,000+ court orders issued by Judge Knutson is the attempted murder of a loving stay at home mother, who became a liability to her abusive husband when she sought a divorce, and exposed his abuse of her and the children to the family court.

Judge Knutson drafted a court order that gave David Rucki 100% of the marital property, including the Farmington home. Sandra has zero rights or ownership to the property. At the same time, Judge Knutson allowed Rucki to leave Sandra on the mortgage of the Farmington home so that she could be held financially liable for the property. The Farmington property supposedly is also being used as a rental property, meaning Rucki generates income on it. A homeless woman is now being held financially responsible for the mortgage of her millionaire husband’s second home… by order of Judge Knutson.

Sandra is destitute and homeless. She has slept in the darkest corners…places most could not imagine, with only the rats scampering across the dirty streets to witness her desperation.  Huddled in castaway clothing to keep her warm, Sandra clutches legal papers to her chest, hoping that one day the truth will be revealed and she will exonerated and set free from this hellish life.

In comparison, abusive ex-husband, David Rucki, has been given exclusive ownership of not one but 4 separate homes, that they owned jointly during the marriage by order of Judge Knutson. In addition, Rucki has been given 100% of property inside all four homes – including every item of Sandra’s personal belongings down to from her family mementos down to her socks. Sandra’s name is listed on a mortgage of a home that she cannot step foot in even though she is so desperately in need of shelter. The Farmington home is beautifully remodeled with 4 bedrooms, 2 baths, cherry cabinets in the kitchen and adjacent to a city park. It is the perfect home for a family, but the happy laughter of children will remain forever silent in these empty rooms.

If that is not outrageous enough, while Sandra is living on the street, homeless, Rucki uses the pole barn in the back of the home as a luxury suite for his collection of classic cars. The cars even have a home, and are protected from the elements, while ex-wife Sandra is living on the streets. Rucki owns a total of 9 fully restored classic cars, with a specially designed lift to stack the cars so they will fit in the luxury suit. The rest of the luxury suite is Rucki’s own version of the playboy mansion and includes a fully stocked bar with the most expensive taste in liquor, includes a bedroom, kitchen and bathroom. The taxpayers are footing the bill for Rucki’s life of luxury since he is living off public assistance PLUS he writes off the entire Farmington property as a business expense on his taxes.

Public Domain: wall.alphacoders.com

While Sandra is living on the streets, Rucki is even able to provide his collection of cigars with a home. Rucki pays for 3 separate, exclusive memberships to house his collection of expensive cigars in a humidor, with personal use of a temperature controlled wall vault. Each vault is beautifully decorated with Rucki’s name engraved in gold (every welfare recipient should have their own humidor inside a cigar lounge!).

Clearly, Rucki doesn’t need to be on welfare, he is just scamming the system. Each cigar Rucki smokes, he burns up cash while he demands nearly $1,000 a month in child support from ex-wife Sandra. Sandra  is not only  homeless but the State of Minnesota has denied food support and general assistance to her, leaving her utterly destitute. Sandra should not even have to ask for welfare, nor should be homeless, had Rucki complied with the divorce on it’s original, mutually agreed upon terms, she would be living very well today, and financially stable, raising the five children she loves.

Judge David Knutson

If that is not bad enough, Sandra has also been court ordered by Judge Knutson to pay the millionaire’s credit card debt — and she has ZERO income. David Rucki is also using the Farmington address, and using Sandra’s name to charge up thousands of dollars of debt on credit cards, one example is this publicly listed notice from September 25, 2014: Capital Finance LLC v Rucki

According to the complaint, on May 1, 2004, Rucki opened a charge account with U.S. Bank, with $31,417 owed at the time of this notice posted in the newspaper. According to the complaint Rucki was “unjustly enriched” and refusing to pay back the amount owed.

David Rucki 3rd Party Complaint Against Sandra Grazzini-Rucki

So what is Rucki’s defense for going on a shopping spree and ringing up $31k in debt? Blame the debt on destitute, homeless ex-wife Sandra! In fact, Rucki actually cites a court order from Judge Knutson stating he has the right to shift ALL of his personal debt, that he acquired after the divorce, onto ex-wife Sandra. The summons here, filed by attorney Lisa Elliott (who charges $310 to “poor” Rucki living on public assistance) does not include the name or contact information for Sandra’s attorney in the notice. Which means Elliott is manipulating the legal process so that Sandra will not be able to respond, and Rucki will receive a favorable settlement by default.

While David Rucki lives like a king in any one of the 4 fully furnished, beautifully decorated house of his choosing, he is purposefully driving ex-wife Sandra further into debt each day, and attempting to murder her by making it impossible for her to survive… Sandra is living on the street, somewhere.

Public Domain: wallpapercave.com

Judge Knutson should also be held responsible because he willingly took part in Rucki’s scam, that destroyed a family and is costing the taxpayers in the State of Minnesota millions the longer the Grazzini-Rucki case, and Rucki’s “paper divorce” continues. David Rucki “Paper Divorce” Scam

It’s Not Right On Ireland Place

David Rucki is claiming that Dede Evavold is harassing him by posting pictures of his home on Ireland Place, that property is was also previously listed for sale on a realty site and posted online… and has remained online, in public view, for many years. Evavold is not responsible for actions that happened before her criminal trial, Rucki consented to put pictures of his home into the public domain, where they sit today.

The Ireland Place property owned by Rucki has been subject of a mortgage fraud complaint, that Dakota County and the State of Minnesota refuses to investigate.

Rucki put the Ireland Place home in foreclosure 7 times in one year and then bought the home at a rock bottom prices, far below market value.

Read the complaint at this link: mortgagefrauda

Another Day in Lawless Lakeville: Fraud & Financial Abuse Allegations Surround David Rucki

Just like the property in Farmington, the Ireland Place property was fully remodeled, listed for sale and then delisted and put back into Rucki’s ownership as part his “paper divorce” scam.

The (former) realty listing describes the luxurious home on Ireland Place: “Pack the bags and bring the family this fantastic 1 owner, 2 story awaits you. Cul-de-sac, walk to schools, Lake  and more. Lots of updates, stainless, carpets, paint, gorgeous hickory floors. Quality throughout. McDonald Built!

Read More: Ireland Place on Zillow

The photos on Zillow are from a prior real estate listing for Ireland Place, MLS #4464616.

Note the family photo on the wall of the Rucki children, by court order of Judge Knutson that was also confiscated and turned over to Rucki. Sandra was not allowed to take even one picture of her children with her when she was removed from her home by order of Judge Knutson in Septmeber 2012. Then Rucki systemically removed every picture of Sandra from the house, every reminder, and through de-programming and reunification therapy has worked to remove Sandra’s memory from the minds of the children who have begged for their mother since the day she was forcefully, and unjustly removed from their lives. All of this done with the consent, and approval, of Judge Knutson who has been enriched by Rucki’s “paper divorce” scam.

Will Rucki File an HRO Against Elizabeth Vargas and 20/20 Next?

Let’s not forget that David Rucki appeared on a nationally televised show, 20/20 with Elizabeth Vargas on two separate occasions where he allowed his house to be filmed inside and out, and allowed filming of the minor children during a private family Christmas. The episode also featured family photos, including those of the minor children, and video footage that Rucki provided to 20/20. 20/20 also included the full legal names of the minor children.

Pictures of Rucki’s home and children were blasted across the country, and went viral, with his consent and now he is claiming his privacy is invaded and he feels harassed??

Rucki also requested the filming of the Grazzini-Rucki criminal case. Again, no concerns for privacy then, and the names of minor children were also made public.

And we are to believe Dede Evavold is to blame? Or to throw out the 1st Amendment to make blogging an illegal activity?

The HRO Rucki filed against Evavold is clearly fraudulent and constitutes legal abuse, if not a malicious lawsuit.

Judge David Knutson Retaliates Against Red Herring Alert

Source: Judge David Knutson Retaliates Against Red Herring Alert

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

And for anyone who would dare press the complaints and issues beyond the initial “status quo guardians”, demonization, discrediting and economic retaliation are used to neutralize these voices of discontent and dissent…” ~ Don Mashak~ Political Google Site

Breaking News… Corrupt in Dakota County, Judge David L. Knutson retaliates against blogger and co-defendant in the Grazzini-Rucki case, Dede Evavold.

Judge Knutson issued a probation violation summons the very same day Evavold published an article Secrecy Is The Freedom Tyrants Dream Of criticizing the lack of transparency, and accountability in the judicial system.

The article mentioned Judge Knutson as an example, and included copies of a complaint previously raised against him. The article also suggested that Judge Knutson be removed from the bench or impeached.

Judge David Knutson — who has played role both in the Grazzini-Rucki criminal trial and the divorce of Sandra Grazzini-Rucki and David Rucki — issued a probation violation summons against Evavold for publishing articles on a blog called “Red Herring Alert”. The violation stems from a court order prohibiting Evavold to mention the name of the Grazzini-Rucki family in social media for the length of her probation, an estimated 8 years!

Red Herring Alert is a blog that includes contributions from many authors, and there is no evidence that Evavold actually created or published the content in question.

Dede Evavold is not a criminal – she is a wife and a mother, who as a hobby, enjoys writing about current events and political news.

Evavold’s life was turned upside down after being convicted of 6 felonies, and sentenced by Judge Karen Asphaug (November 10, 2016) for felony parental deprivation for her role in assisting two teens S.R. and G.R. who were desperate to escape an abusive father (and paternal aunt) and feared for their lives after the courts and police failed to protect them. S.R. and G.R. openly stated they would run away with or without help and remained in hiding for over 2 years. When given opportunities to return to the care of their father, David Rucki, both girls refused, due to safety concerns. Witnesses say the behavior and emotional state of both S.R. and G.R. is consistent with abuse: Multiple Witness Reports: Rucki Sisters Fearful of Father, Felt Safe at Ranch

Judge Knutson ignored their cries for help of all five Rucki children and court ordered them into reunification therapy, and then the sole custody of, the identified abuser, father, David Rucki. At the time of the custody order, Rucki was on probation for a violation of a protective order, stemming from an incident involving ex-wife, Sandra. Sandra says she is being stalked, harassed and threatened by Rucki.

Judge Knutson made his ruling despite overwhelming evidence of Rucki’s propensity towards violence, and evidence supporting abuse of the children had occurred. For example, during a “telephonic conference” held on  September 7, 2012, Judge Knutson admitted that he was aware of allegations of sexual abuse involving the girls. Instead of protecting the children, Judge Knutson ordered their mother, Sandra Grazzini-Rucki, from the home and worked to reunite the children with their abusive father. Just a few months later, the Rucki children personally met with Judge Knutson in chambers, and disclosed allegations of abuse. Immediately after disclosure, Judge Knutson ordered the Rucki children into visiting Rucki and placed a bailiff at the door to prevent their escape.  Judge Knutson then ordered that the conference with the children be sealed, in an apparent cover up.

Judge Knutson is involved in every aspect of the Grazzini-Rucki case, and acts outside the law in such an extreme way that it could be said that he is David Rucki’s hired thug. Judge Knutson was involved in criminal cases against David Rucki, giving preferential treatment. Judge Knutson was involved in both the the divorce and criminal trial. Judge Knutson assigned himself to Sandra Grazzini-Rucki’s criminal case and gave her a million dollar bail in Novmber, 2015. Judge Knutson is also connected to all of the judges appointed to every level of this case – including a connection to Judge Karen Asphaug, who is now presiding over the criminal trials of both Sandra Grazzini-Rucki and Dede Evavold.

Dede Evavold has a constitutionally protected right to express her views, and should not be punished for the exercise of her 1st Amendment right to free speech. That Judge Knutson would take these actions against her, and be allowed to do so, shows just how corrupt the courts, and judicial system, in Dakota County really are. 

Beyond that, the public and people of Minnesota should also be expressing concern about the lawless and dangerous actions of Judge Knutson; who has court ordered five children into the care and custody of a dangerous abuser and destroyed the mother who sought to protect them.

That Dede Evavold is speaking out, despite enormous pressure against her to remain silent, and threats of jail, is courageous. To remain silent on this issue would mean complicity in the abuse of the Rucki children, and enable the destruction of Sandra Grazzini-Rucki, a loving, mother, who is being persecuted for her efforts to keep her children safe from harm after the family court system failed to protect them.

Hear more from Dede in her interview on Village Connection Radio: DEDE EVAVOLD, PAYING FOR BEING AN ACTIVIST FOR CHANGE

 

Read More About Judge David Knutson:

Commentary: Bailiffs Acting Like Judge Knutson’s Personal Thugs

Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?

2013 Complaint Against Judge David L. Knutson Alleges Misconduct, Malice

Never Forget: Judge Knutson – Stayed Sentence for Child Rapist

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.

 

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


Related Articles:

We’re Not Crazy…The Systems Are!

Corrupt Officials and Crooked Media

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.”

 

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