Funding Fraud in the Courts

Image result for mn state flagThe MN state court system is once again begging for more funding. The judicial branch is seeking a $51.4 million increase over its current funding levels. The bulk of the request ($42 million) would pay salary and benefits for judges and staff.

Chief Justice Gildea stated that “Public safety is jeopardized when we do not have a fully-funded, functioning judiciary.”  No, I think public safety is jeopardized anytime anyone sets foot in a courtroom! Throwing money at a corrupt institution just creates more corruption.

In 2008, a report was written by a committee of judges to show how the judicial branch costs could be reduced by $50 million or more annually-while also increasing judicial efficiency. There were 51 recommended reforms however, few are being implemented.

Minnesota Courts Waste Tens of Millions of Dollars Every Year

Chief Justice Lorie Skjerven Gildea MNCCOURTS.GOV

 

MPR News Reporting on state politics and government

Chief Justice makes funding plea for MN courts

Tim PugmireTim Pugmire April 20, 2017

The chief justice of the Minnesota Supreme Court is urging state lawmakers to provide adequate funding for the state court system.

Chief Justice Lorie Gildea testified Thursday during a conference committee hearing, where House and Senate negotiators were working out the differences between their budget bills for judiciary and public safety. She said it was a rare appearance by a chief justice in such a gathering.

Gildea, who is the administrative head of the judicial branch, reminded committee members that the courts are a vital part of the government’s basic functions.

“The judiciary is not a mere state agency,” Gildea said. “The judiciary is a branch of government and it deserves to be funded as such.”

The judicial branch is seeking a $51.4 million increase over its current funding levels. The bulk of the request ($42 million) would pay salary and benefits for judges and staff.

DFL Gov. Mark Dayton included the full amount in his budget proposal. The House and Senate bills provided only partial increases.

Gildea said the judicial branch made a “modest, targeted” request that is needed to process cases in a timely manner and ensure access to justice.

“Public safety is jeopardized when we do not have a fully-funded, functioning judiciary,” she said.

Funding for the courts also came up earlier in the day during a private meeting that included Dayton, House Speaker Kurt Daudt and Senate Majority Leader Paul Gazelka.

Dayton told reporters that he stressed the importance of funding the chief justice’s full request. He said he hears about the growing demands on the court system every time he interviews candidates for judicial vacancies.

“Every one of them talks about the increased case load in their particular judicial district,” Dayton said.

Daudt, R-Zimmerman, said he appreciates and respects the judicial branch. But Daudt also stressed that he’s trying to keep spending in check.

“We have to decide how to take those resources and spread them across all of state government,” Daudt said. “We have to make decisions and sometimes you have to prioritize. Sometimes it means that people get 75 percent of their request, not 100 percent.”

Gazleka, R-Nisswa, said he was trying to schedule a meeting with Gildea to listen to her concerns.


Instead of granting the chief justice’s request, we need to keep the pressure on to initiate an investigation of criminal acts, due process violations and corruption among judges and legislators in Minnesota.

Read how other states developed teams to crack down on public corruption.

Federal Funding Fraud Underlying the ‘Cottage Industries’

Excerpts Below:

Dr. Sheila Mannix is the Co-Founder of Illinois Family Court Accountability Advocates (IFCAA). She states, “After working these past six years to help stop the apparent State-court based crimes which literally exploit the nation’s children as “commodities” in judicial system “profit centers,” I’ve found that an essential factor is differentiating between, on the one hand, the behaviors of traumatized parents being forced to watch their children irreparably harmed while being retaliated against, defamed, and impoverished and, on the other hand, the irrefutable sociopathic behaviors observed in public officials who have fiduciary obligations to stop that which they are participating in and enabling. I believe Mr. Fitzgerald summed it up best on June 27, 2011 after the solid conviction of ex-governor Blagojevich on 17 counts of federal crimes; he said, “There is legitimate politics. There are gray areas. Selling a Senate seat, shaking down a children’s hospital and squeezing a person to give money before you sign a bill that benefits them is not a gray area. It’s a crime.” Likewise, the evidence indicates that what is going on in the venue provided by the nation’s State courts in which private assets and federal funds can be unlawfully accessed are not “legitimate judicial proceedings” but crime, specifically, apparent violations of Federal funding laws and other Federal civil and criminal laws including alleged racketeering activity among public officials and State court actors.”

In addition to helping provide evidence to state and federal authorities in pursuit of indictments of allegedly corrupt public officials including Mormon judges, Mannix has networked with Virginia citizens as well as Utah citizens, the latter of which have specifically called upon their Mormon GOP state legislators to launch an independent forensic audit of all Federal taxpayers’ dollars coming into the State’s family court-related programs.

“No one will be able to balance any government budget until the public corruption involving hundreds of billions of the nation’s taxpayers’ hard-earned income, which, in part, is literally being using to perpetrate that which the U.S. Congress voted it is to prevent, specifically, child and elder abuse, domestic violence, parental deprivation, and child support avoidance, is stopped once and for all by more criminal investigations, forensic audits, and tough new laws which result in the loss of pensions in entirety and deterrent-based, long-term prison sentences for involved officials acting in positions of public trust. Onward for the children.”


 Bribes and slush funds in the courts.

Let’s Get Honest! Blog

Absolutely Uncommon Analysis of Family –and “Conciliation” — Courts’ Operations, Practices, and History

Exposing and Prosecuting Judicial Corruption Through Common Law Discovery (1997)

Judicial Corruption

During 2016 blog “house-keeping” action, I re-read this 1997 Interview published in “Antishyster.com” but found posted in “Famguardian.org” (ads show it to be possibly a conservative/libertarian or perhaps even survivalist mag. So what, if the information in article stands on its own two feet?)  about Los Angeles County and a judges association, what happened to the proceeds from MCLE (Continuing Education) classes, and how to find out.  I added some quotes from it.

This interview has been HIGHLY underestimated and STILL valuable information.  If better understood, it would most likely end any questions about the vailidity of the “Broken Courts / Flawed Practices / (now more promoted as “Safe Child” loose coalitions of specific organizations and on-line followers.)

It would “Shine the Light” for real on the presumptions among these groups of the problem being “Judges, Mediators, GALs and Custody Evaluators  JUST don’t understand perps” or “They believe a psychologically unsound “parental alienation theory” and about any other excuse one might make up to exonerate the exceptionally bad custody and divorce (and visitation) decisions being made nationwide. That premise leads to a predictable solution of “we need more trainings.”  But the trainings is where the money is — and apparently, some of it — getting lost.

In my opinion (see this blog for why), it’s less “they just   don’t understand” and more “they just don’t CARE.” What’s more, think about how much any functional, ETHICAL judge already has invested in his or her career, social and professional life (and/or real estate).  If the core operations are corrupt, which this certainly indicates they ARE, to expose it is basically professional humiliation for having participated in the system, or feigned (?) ignorance, and financial destruction of the sort many parents are already familiar with.  I really think it’s up to the common people to, if possible, use “common law” to go get the financial facts and then compare them to the proper use and destination of public buildings (such as courthouses) and funds raised by private associations which may happen to have judicial memberships, or beneficiaries, regardless of WHAT buildings they are in, IF they violate certain laws.

Originally published 1/24/2013. This Post is Sticky (one of 9 sticky posts) meaning, it stays near the top. Current posts show below all sticky posts. Also, I just moved the “Supervised Visitation” section to a separate post (and of course expanded that one) on 6/6/2013.

File this Article under “What a Difference One Person can Make, if that person: Has Guts, Will Obtain Evidence, Look at Evidence, Come to Logical Conclusion regarding Evidence Obtained AND Publicize It! Includes Marv Bryer’s discoveries, especially in the mid- to late 1990s.

Marvin Bryer’s discoveries began when his daughter was involved in a custody battle for her son. Apparently a judge received a bribe to rule against Mr. Bryer’s daughter, and as a result Mr. Bryer discovered a judicial slush fund bank account, and a common law discovery for overcoming judicial immunity.

Right away, we are in the financial category: Bribe, Slush Fund, Bank account, overcoming judicial immunity.   Also in this (fairly short) post:

Another question: What’s the difference between a “Family” court and a “Conciliation” court? And why are so many programs in the courts being pre-planned by membership of a private nonprofit association which (eventually — after people started pestering it to get its own EIN# and quit hiding and evading taxes under the County’s EIN#) called “Association of Family and ConciliationCourts,” which previously was a “Conference of Conciliation Courts”?

Also in this post:

Report From Judges Blasts California Court Bureaucracy By MARIA DINZEO SAN FRANCISCO (CN) – In a sweeping call for reform of the Administrative Office of the Courts, a report from a committee of judges found the agency has been operated as the director’s fiefdom, has strayed far from its original path and has been deceptive about finances and personnel. The judges also criticized the bureaucracy as top-heavy, overpaid and badly organized. Their long-awaited report proposes a drastic reorganization that includes cutting the staff by one-third and moving the agency from its lavish San Francisco headquarters to a cheaper space in Sacramento.

Exposing and Prosecuting Judicial Corruption Through Common Law Discovery

[in ANTISHYSTER http://www.antishyster.com 972-418-8993 Volume 7 No. 4, p. 51ff]

1997 interview with Marv Bryer.
[ I ASK READERS: ] Can you read 7 pages “for the cause”? And think about it?  If Yes, and If given a brief pop-quiz of about 10th grade level on what it’s talking about, how much of the vocabulary or ideas could you remember?

Read the rest of this entry

Trumped Up Charges

U.S. Marshals Service inserts itself into Family Court drama

Once again, the U.S. Marshals Service is accused of inserting itself into a case to benefit an alleged child abuser.

Flag of the U.S. Marshals Service. (Public domain image, via U.S. DOJ)

WASHINGTON, April 14, 2017 — Once again, the U.S. Marshals Service is accused of inserting itself into a case to benefit an alleged child abuser. In January 2017, Kristi Newberry Brooks of North Carolina turned herself in after the U.S. Marshals Service put out a nationwide warrant.

Brooks had taken off with her daughter after making a series of allegations in family court that her ex-boyfriend was molesting their daughter. She disappeared in December 2015, on the eve of an emergency hearing in which it was presumed custody would change.

“I went into hiding with my daughter on December 30, 2015. This was after years of losing battles with the courts, DSS, and local law enforcement,” said Brooks, explaining the reason she took off with her daughter.

“I had been trying to protect my daughter from a documented pedophile who is just above the law here. The dad is from a very prominent family and well connected to those in power here. The dad had filed a fraudulent emergency custody motion that was set to be heard on December 31.”

Brooks provided medical records for her daughter and two other children who lived with her ex-boyfriend that were consistent with sexual abuse, including symptoms like vaginal and yeast infections. Brooks said all the infections went away once all contact between her daughter and her ex-boyfriend was blocked.

Brooks told this CDN reporter that once the U.S. Marshals got involved in January 2017, she felt she had no choice but turn herself in:

“I surrendered on January 30, 2017 after the U.S. Marshals were called in out of nowhere due to a criminal warrant being issued, again out of nowhere. The Marshals made it clear that I had no option. I was left with the option of cooperating and facing a local charge, or not cooperate and possibly face federal charges as well as have my parental rights terminated, along with anyone who had helped me facing federal charges. Not wanting to face federal charges and have my rights terminated, and definitely not wanting those who helped facing charges, I surrendered.”

Brooks arrived back in Union County, North Carolina on January 2017 to face charges of child abduction. Now, less than three months later those charges have been dismissed, but not before her ex-boyfriend received sole custody with Brooks receiving only four hours of supervised visitation at a cost to her of $900 per month.

“It’s extortion,” said Brooks’ boyfriend Jeremy Bess of the supervised visitation.

Bess said that the U.S. Marshals were used to hand a child to a pedophile:

“We believe in Kristy’s case that Union county sheriff’s office presented trumped up charges to a local magistrate, got a warrant for parental abduction, utilized the services of the U.S. Marshals to traffic a child to a child molester. After the child was delivered to the father, with the help of the Marshals, the charge for parental abduction was dismissed. It’s our belief that the Marshals were utilized under false pretense.”

An email to the Union County District Attorney’s Office was left unreturned.

Read more at http://www.commdiginews.com/news-2/u-s-marshals-service-inserts-itself-into-family-court-drama-87214/#p4AW5y1ic1lmKSex.99

IT’S HALF-PAST GET OUT!

What is a GAL? A Guardian ad Litem is an advocate for a child whose welfare is a matter of concern for the court. In legal terms, it means “guardian of the lawsuit.”


IN ESSENCE, STATES ARE INCENTIVIZED BY FEDERAL GRANT MONEY  TO CREATE SITUATIONS THAT DON’T EXIST TO GENERATE THESE FUNDS.  
   Everyone wants a piece of the federal funding pie, so you have federal, state and local government agencies, non-profit and faith-based organizations, private foundations and corporations all working together to support the efforts of these programs. We don’t need government to intervene in families and then have adults and children abused by the very system that is designed to protect them. The majority of the time, parents are in the best position to represent the interests of their children
Read more about grant funding: Healthy Marriage-Responsible Fatherhood & Faith-Based Grants…We Know What the Game Is!

Proposal: If the deficit is not funded, services to children need to be reduced by 8%. There are several considerations to be aware of in discussing which children no longer receive guardian ad litem services. Because of the Federal mandate for abused and neglected children in juvenile court, both congressional and legislative agreement would be required to remove this mandate.  Additionally, the guardian ad litem is independent from the child welfare system and often may be the only person who is assigned to the child from the beginning of the case through permanency. Eliminating mandatory guardian ad litem appointments in dissolution/custody cases would be particularly troublesome in pro se cases where the parties are proceeding without legal counsel and would greatly complicate the work of the court. (Um, I don’t think so!)

2016-17 Biennial Budget (Click to View)


Children at Risk: Foster Children’s Rights Ignored

Getting off a school bus, heading home for an afternoon snack and sitting down for homework.

McKenna Ahrenholz doesn’t complain about an average afternoon.

She has much more important ways to use her small voice in an effort to make a lot of noise.

“As early as I can remember I was in the system,” she wrote in a letter to lawmakers explaining her life while she was caught in Minnesota’s flawed child protection system. “I have been punched, starved and neglected.”

They’re big words to come from such a small person. At just 12 years old, McKenna is fighting for the thousands of foster kids across the state who don’t have a voice.

Because, in Minnesota, they’re not always given one.

“No one would listen that we wanted to stay at grandpa and grandma’s,” the letter continued. “The people who make the laws like yourselves need to hear us children who are the ones going through such a crazy life.”

McKenna and her four siblings have a lengthy history with child protection in counties all across the state.

Click to read more and view the video.http://kstp.com/news/children-at-risk-foster-childrens-rights-ignored-child-protection-mckenna-ahrenholz-childrens-law-center/4303701/


State Lawmakers Move Forward on Bill Aimed at Giving Foster Children a Voice 

March 09, 2017 06:53 PM

State lawmakers moved forward Thursday on a bill they hope will give abused and neglected foster children a voice.

The proposal stems in part from a 5 EYEWITNESS NEWS investigation that found examples of juvenile victims forced to fend for themselves, despite state law saying they’re entitled to a lawyer.

The piece featured 12-year-old McKenna Ahrenholz, who testified Thursday in front of the Minnesota House Civil Law and Data Practices Policy Committee.

Click to read more and view the video: http://kstp.com/news/minnesota-house-bill-ron-kresha-state-legislature-aims-to-give-voice-to-foster-children/4421376/

 

After 20+ Years Minnesota Guardian ad Litem Board STILL Working to Improve Complaint Process

Minnesota, Jan. 2017:  The Board that manages Minnesota’s GAL program has absolutely failed to address serious issues that have put children’s live at risk, caused children to be placed in the custody of unsafe parents and then be re-abused, and contributed to families being torn apart and children, estranged from parents…as documented in complaints raised by parents. 

Families have been coming forward for 20+ years to raise complaints about individual Guardian ad Litems in regards to unprofessional conduct, and conduct that violates their mandated duties.

Many concerns have been raised about the use of guardians ad litem. Most complaints have centered on guardian actions in family court cases, primarily in contested divorce actions. Complaints have focused on guardian bias, lack of oversight and accountability, inadequate training, and inappropriate communication between guardians and judges. Parents have also complained that there is no place to seek relief if they have a problem with a guardian.” GAL Executive Summary (95-03) February 28, 1995

Continue Reading: https://acalltoactionblog.wordpress.com/2017/01/20/mn-gal-board-complaint-process/


Click on links below to view e-mails sent to the Attorney General, Board on Judicial Standards, Minnesota Office of the Legislative Auditor; MN House Reps, the State GAL, Sheriff, Congressman Tom Emmer and others.

GAL Jean Hariman FIRED

Atty. General

Selective Enforcement of Law

Image result for urbandictionary 

Slumlord:  An owner of slum property, especially one that overcharges tenants and allows the property to deteriorate.

“Yo, my slum lord T to the J Smitty painted over the mold on my walls to fix it … At least he picked a nice color.”

It is not uncommon for slumlords to buy property with little or no down payment, and also to receive rent in cash to avoid disclosing it for tax purposes, providing lucrative short term income. (Thus, in the U.S., slumlords would normally not participate in government-subsidized programs such as Section 8, due to the requirements to report income and keep properties well-maintained.) A slumlord may also hope that his property will eventually be purchased by government for more than it is worth as a part of urban renewal. Wikipedia

Judge Vicki Landwehr

MAXIMIZING PROFITS BY MINIMIZING SPENDING

Judge’s St. Cloud properties, including one with meth lab, are called a blight  ‘High levels of criminal activity’ cited at some of the rent-to-own houses

By John Reinan Star Tribune    November 26, 2016

As a district judge, Vicki Landwehr spends her days meting out justice. But as the co-owner of nearly 20 residential properties in the St. Cloud area, it’s Landwehr who’s on the receiving end of public scrutiny — and legal action.

Several of the properties she and her husband, Don, own have been identified by neighbors and St. Cloud city officials as blights on neighborhoods. Earlier this week, police raided one house and found a meth lab — the latest in a series of troubling incidents that have angered residents and prompted city officials to investigate.

City officials have met twice with residents to discuss the problems. The most recent meeting, held last week, drew about 100 attendees. The city is so concerned about the issue that it is now taking administrative action against the couple for renting the houses without a license. Continue Reading: http://www.startribune.com/judge-s-distressed-properties-a-blight-on-st-cloud-neighborhoods/403063086/

The Minnesota Board on Judicial Standards

Judicial board dismisses Landwehr complaint

“I’m obviously happy that the complaint was dismissed. It’s somewhat stressful to have a complaint filed against you,” Landwehr said Friday. “I obviously had indicated from the outset that I always made every effort to make the disclosures that I thought were required. … That’s important to me.”  (Interestingly, Landwehr was appointed to the Judicial Standards Board by Governor Pawlenty in 2008 and was a judge member through 2016. BOARD ON JUDICIAL STANDARDS). 

Read More: http://www.sctimes.com/story/news/local/2016/12/23/judicial-board-dismisses-landwehr-complaint/95745742/

Below is another complaint Judge Landwehr was obviously happy that was dismissed. 

Landwehr Complaint


City dismisses Landwehr contract-for-deed violations

“Don Landwehr said he feels the city was not looking to punish him and his wife, but gain compliance at the contract-for-deed properties.”

Read More:http://www.sctimes.com/story/news/local/2017/03/20/city-dismisses-landwehr-contract–deed-violations/99406260/


Here’s an opportunity to meet Judge Landwehr and learn more about the local injustice system in St. Cloud.

Stearns County Open Courthouse Flyer

2017 Stearns County Open Courthouse Event

The public is invited to celebrate Law Day at the Stearns County “Open Courthouse” event on April 28.

On Friday, April 28, the Stearns County Courthouse in St. Cloud will open its doors to the public as part of a Law Day “Open Courthouse” event. The event is being held to showcase the work of Minnesota’s courts, and educate the public about the work of judges, attorneys, law enforcement, and citizens in administering the state’s justice system. The free, open-to-the public event, will run from 12:30 p.m. to 4:30 p.m.

The Open Courthouse event will feature numerous activities, including:

  • A special welcome ceremony hosted by Minnesota Supreme Court Chief Justice Lorie S. Gildea and Seventh Judicial District Chief Judge John H. Scherer.
  • An opportunity to meet local district court judges and justice system partners.
  • Guided “behind-the-scenes” tours of the Stearns County courthouse, with presentations by judges and Stearns County justice partners.
  • An information fair with representatives from numerous law- and justice-related organizations.
  • Information on free and low-cost legal services available to the public.
  • Presentations and displays focusing on the history of Stearns County and the Stearns County Courthouse.

The Open Courthouse event is scheduled to coincide with Law Day, a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process have contributed to the freedoms that all Americans share. Law Day was first established in 1958 through a proclamation by President Dwight D. Eisenhower. Congress passed a joint resolution designating May 1 as Law Day, U.S.A in 1961.

“The justice system truly belongs to the people, and serves to keep our communities safe, fairly resolve disputes, and preserve the rule of law,” said Chief Judge Scherer. “As our nation pauses to celebrate Law Day, we wanted to give the citizens of Stearns County an opportunity to learn more about their local justice system, meet the people that work in our courthouse, and find out about the legal services available to them in the community. We will even share many of the colorful and interesting stories that have shaped the history of our near century-old courthouse.”

The Law Day Open Courthouse event is being hosted by Minnesota’s Seventh Judicial District in partnership with Stearns County and local justice system partners.

Blue Is The New Black

Since my incarceration, I frequently get the question, “have you seen Orange Is The New Black?”

I hadn’t seen it before my imprisonment, but have binge-watched 2 seasons since my release. Unlike other series, it didn’t take long to get burned out on the tedium of this show. Yes there are similarities with the show and real life incarceration, but keep in mind the series is about prison life and even though the terms are often used interchangeably, prisons and jails are different.

The United States has approximately 1.8 million people behind bars: about 100,000 in federal custody, 1.1 million in state custody, and 600,000 in local jails. Prisons hold inmates convicted of federal or state crimes; jails hold people awaiting trial or serving short sentences. The United States now imprisons more people than an
y other country in the world—perhaps half a million more than Communist China. The Prison-Industrial Complex

RAMSEY COUNTY CORRECTIONAL FACILITY

Once you arrive at RCCF, you are photographed, fingerprinted and charged a $20 booking fee. Once you’re booked and given inmate attire, you’re assigned to a housing unit. There are 3 different dorms for women. The main one has cells vs. bunk beds in an open room. I was assigned to the top bunk in Cell #7 and had 10 different “cellies” during my 4 months.(Oh and no pillows unless you have a medical reason to have one).

          “Blues & Shoes” Ramsey County Correctional Facility Female Inmate Uniforms

You can’t bring any hygiene items, electronic devices, or other personal items in, but you can purchase items from Inmate Canteen for outrageously exorbitant prices. RCCF inmates are given a hygiene bag after being admitted which includes a plastic cup, toothbrush, toothpaste, deodorant, comb, an elastic hair tie and flip flops. No jewelry is allowed.

RCCF Toothpaste (also worked well as glue)

Pepsodent was the “real” toothpaste that you could order from Inmate Canteen and Suave products were like gold! Shampoo and conditioner was only 4 bucks a bottle. If you had it, you shared it with the dorm. Because I was on the lower tier, I constantly had people knocking on my cell door to “borrow” things, including water from my sink for their ramen noodles.

The 89¢ rubber pen     

  • No makeup is allowed but inmates do get creative with colored pencils. The pencils also have to be purchased through Inmate Canteen unless you win them as  a prize for attending the Learning Center. The Center provides adult basic education programs in reading, writing, math, and GED prep as well as classes on personal finance, job seeking and retention, career exploration, computer skills, and driver’s license preparation and testing.
  • Lights on at 6:30am and lights out at 10:30pm (the lights are never really off, just dimmed).
  • Inmates are required to stand for count at 11:05am, 5:05pm, and 10;00pm. That means that you are locked in your cell and you must stand by the window in your door to make sure everyone is in the dorm.
  • Inmates cannot enter others cells or loiter in front of cell doorways.
  • No food from meals can be brought into your cell.
  • No note passing or canteen items between dorms.
  • Razors can only be used after 6:30pm
  • Inmates are allowed 4 books, I bible, and 4 magazines (Perk for working in the library was getting newer magazines before pages were torn out for recipes, decorating ideas, etc.)
  • Inmates are only allowed one 20-minute video visit per week using a phone and video camera.
  • Inmates get one free, 60-second phone call after being admitted. Legal calls to lawyers and probation officers are free. A listing of free calls is provided to all inmates. Other calls may have a fee that is charged by the minute. Inmates are allowed to make collect calls. The Prison Policy Initiative found that families pay $1 billion annually to call relatives in prison, and until 2013, calls could cost $17 for a 15 minutes (the FCC cracked down on this and those calls now cost $3.75). What Incarceration Costs American Families
  • No volume on TV. Must purchase $30 headset to listen.
  • $5 to see the nurse
  • $15 to have a tooth pulled

Rule violations may result in loss of good time, time spent in security, administrative segregation  restitution and/or upward departure of established sanctions.

Cash or Credit? Paying for Your Time: How Charging Inmates Fees Behind Bars May Violate the Excessive Fines Clause

Excessive Fines Clause of the Eighth Amendment The Eighth Amendment provides “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” I guess the majority of judges didn’t get the memo!

“Over the last 30 years, for-profit prison corporations, such as Corrections Corporation of America (CCA) and GEO Group (formerly Wackenhut Corrections Corporation), have benefited from the dramatic rise in incarceration and detention in the United States. Since the advent of prison privatization in the early 1980’s, the number of people behind bars in the US has risen by more than 500 percent to more than 2.2 million people.   Image result for treatment industrial complex

The result is an emerging “Treatment Industrial Complex” (TIC) — the movement of the for-profit prison industry into correctional medical care, mental health treatment, and ‘community corrections.’ Community corrections include corrections programs outside of jail or prison walls: probation and parole services including halfway houses; day reporting centers; drug and alcohol treatment programs; home confinement; electronic monitoring; and an array of supportive services such as educational classes and job training. Community corrections is a huge business, with three times as many people under “community corrections” programs as currently incarcerated in prison facilities.

While the prison industrial complex was dependent on incarceration or detention in prisons, jails, and other correctional institutions, this emerging “treatment industrial complex” allows the same corporations (and many new ones) to profit from providing treatment-oriented programs and services.

As a result, this emerging Treatment Industrial Complex has the potential to ensnare more individuals, under increased levels of supervision and surveillance, for increasing lengths of time—in some cases, for the rest of a person’s life.  How For-Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain


Law enforcement agencies can also get extra money from federal grants.

Community Corrections – Grants and Funding Bureau of Justice Assistance (BJA)

BJA supports law enforcement, courts, corrections, treatment, victim services, technology, and prevention initiatives that strengthen the nation’s justice system. BJA offers a Grant Writing and Management Academy and provides funding through a number of programs for corrections.

Federal grants are never free and they almost always come with strings attached. Federal “assistance” allows the feds to dictate state policies and even what the states do with large chunks of their own money.


The bottom line is whether it’s jail or prison, people are being incarcerated for non-violent and non-criminal offenses. It’s the money that drives this system and there is a lot of money to be made from criminalizing nonviolent activities and jailing people for nonviolent offenses.


The essence of nomocracy, the rule of law, is limitation of the discretion of officials, and providing a process by which errors or abuse of discretion can be corrected. Some discretion is unavoidable, because law cannot anticipate every eventuality or how to decide which law may apply to a given situation. What guidance the law cannot provide is supposed to be provided by standard principles of justice and due process, reason, and the facts of each case. Ideally, officials should be mutually consistent and interchangeable, making similar decisions in similar cases, so that no one can gain an undue advantage by choosing the official or exercising undue influence on the official or on the process he operates. We trust officials to exercise such discretion as they have with wisdom, justice, and competence, to avoid government that is arbitrary, insolent, discriminatory, prejudiced, intrusive and corrupt.     Abuse of Judicial Discretion~ Jon Roland 

We’re definitely past the point of avoiding government that is arbitrary, intrusive and corrupt. The good news is that people are waking up and wising up and starting to demand a governance  that will preserve, protect and promote truth, justice and liberty.

BACK FROM THE BIG HOUSE

So. . . there’s 120 days of my life that I’ll never get back!

Most of you know that my trial was scheduled from September 26th-September 29th, 2016.

The trial went forward despite my arguments regarding witness tampering and obstruction of justice due to illegal withholding of a portion of my evidence. Also, the evidence I did receive was not disclosed in time to afford me the opportunity to make beneficial use of it. (Received on September 1st and trial was scheduled for September 26th).

Image courtesy of suphakit73 at FreeDigitalPhotos.net

Judge Asphaug also demonstrated prejudicial judicial conduct by granting the State’s motion to have substantial exonerating evidence not introduced in the trial.

I did not have a settlement conference and was offered a plea deal on the first day of my trial. As I’ve said numerous times before, the goal was always to have me plead guilty or be found guilty without access to all of my evidence. After I declined the plea deal, the attitude of the prosecutor and the judge changed significantly and became quite hostile. Here’s the thing, a statement must be free and voluntary, not extracted by any sorts of threats or promises, however slight. Judge Asphaug indicated that if I lost by having a jury trial, she would have the ability to impose a harsh sentence which is exactly what happened. Plea bargaining extorts guilty pleas and the trial tax is just another way to tilt the playing field in favor of the state.

Below is an excerpt from Trial Tax And Plea Bargaining   BY  

“There’s no law written saying that exercising your right to a jury trial and losing will cost you more. There’s this euphemism in legal land called a “trial tax.”  If you exercise your constitutional right to a trial and lose, you typically get reamed even harder than if you took a plea deal.
Why? The incredible amount of unnecessary and unjust laws you could break bog down the courts. Rather than give every defendant his day in court, plea deals are offered. Courts use the “trial tax” as an excuse to discourage jury trials.  Judges, prosecutors, and court staff perceive this fundamental right of our American republic as an inconvenience and intimidate the accused into taking deals struck in back rooms.
Remember this next time it is presumed that our courts and laws are fair: Court personnel consider due process a punishable offense.”

Also, I was originally charged with two felony counts and four additional charges were added. This dirty trick is called charge stacking. Read more about this tactic below:

Prosecutors, Charge Stacking, and Plea Deals 

by  

As Attorney Michelle MacDonald once told me, “This is a process of torture where heavier and heavier weights are placed on the chest of the defendant until they either suffocate or confess.”

I did not suffocate nor did I confess to criminal behavior that did not exist.

Below are my special conditions of probation:

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Below are two additional conditions that were not in the community corrections document.

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roa0002It’s clear that this was a malicious prosecution and that I was deprived of the right to a fair trial before an impartial judge. This was also a manipulation of public opinion by false media reports and retaliation for putting the system on trial.

Stay tuned for further updates.

Wave Of A Gavel

Sandra Grazzini-Rucki is sentenced in domestic case

by Michael VolpeSep 23, 2016

Sandra Grazzini-Rucki has been sentenced to six years’ probation plus one hundred and eight days in jail for her role in her two daughters’ running away.

HASTINGS, Minnesota, September 23, 2016- Sandra Grazzini-Rucki has been sentenced to six years’ probation and an extra one hundred and eight days in jail for her role in her two daughters’ running away.

Grazzini-Rucki was to serve thirty days immediately and fifteen days each of the next six years on the anniversary of the date authorities found her two daughters, November 17. However, Grazzini-Rucki chose to serve the sentence all at once, a total of as long as 233 days, according to the Minneapolis Star Tribune.

Judge Asphaug handed down the sentence even though the prosecutor, Kathryn Keena, asked for only the probation and no jail time. Keena said she was fulfilling a promise made to Grazzini-Rucki’s daughter, Samantha, one of the two daughters who ran away.

Judge Asphaug imposed the unusual sentence after disallowing nearly all of the evidence Grazzini-Rucki intended to use in support of her affirmative defense. Grazzini-Rucki argued that she hid her daughters to protect them from an unsafe environment.

The criminal record of Grazzini-Rucki’s ex-husband, David Rucki including a bar fight, road rage incident, numerous incidents of stalking and numerous violations of orders for protection, were all disallowed.

Child Protection reports, including one made by Nico Rucki in which he claimed his father held a gun to his head, were also disallowed.

Judge Asphaug’s chambers directed all calls to Beau Berentson, public affairs officer for the Minnesota courts, who did not respond to an email for comment.

David Rucki made a victim impact statement which included the following statement:

“She is not the same woman I married twenty-five years ago. Sandy, that woman, is gone. She doesn’t realize how blessed she is. She cannot comprehend the pain and trauma on her children. We need to free Sandra from her distorted reality. How Sandy thought alienation of the family was a good plan? Nico was forced by Sandy to write false statement on Facebook. They were not the truth they were his mother’s words.”

Rucki thanked several people including the Lakeville Police Department, his sister Tammi and Brandon Stahl of the Minneapolis Star Tribune.

The Lakeville Police Department has declined all comments on the case directing all questions to the Dakota County Prosecutor’s Office which did not respond to several CDN emails for comment. An email to David Rucki’s attorney, Lisa Elliott, was also left unreturned.

Stahl wrote an explosive story on the case in April 2015 when Dale Nathan first revealed that he was in the care of Grazzini-Rucki on April 19, 2013. Nathan would repeat this story several times including on ABC’s 20/20. Stahl wrote the story on the two-year anniversary of the girls’ disappearance. Curiously, however, Stahl confirmed to CDN that this was the first story he’d written on the case.

CDN learned that a third party approached Stahl in January of 2015 asking that he write about Sandra Grazzini-Rucki but Stahl declined saying the presence of Nathan posed a problem since he was a disbarred lawyer at the time. Stahl declined to comment when CDN asked why Nathan’s presence was no longer an issue.

Stahl has also declined to provide details of David Rucki’s voluminous criminal and violent history. Stahl also declined to write about Samantha Rucki’s June 30, 2016 police interview when CDN provided it to him.

In that interview Samantha Rucki said she was pressured into recanting by her father, running away was her idea, and she reiterated her father was an abuser .

Read more at http://www.commdiginews.com/life/sandra-grazzini-rucki-sentenced-71420/#jtxfFIM17yZU85bi.99