Red Herring Alert

There's something fishy going on!

Chief Deputy Dakota County Attorney Phillip Procopowicz Gives It Another Go

From: Lion News [mailto:lionnews00@gmail.com]
Sent: Friday, December 22, 2017 8:24 AM
To: lsheehy@mcknight.org; Randy Kehr <director@albertlea.org>; blackwell@blackwellburke.com; boardofdirectors@ryancompanies.com; bsieben@schwebel.com; jessebg@mcil-mn.org; mknoblauch@anthonyostlund.com; Erica S. <xxxxxxxxxxxxxxe@gmail.com>; Dede Evavold <xxxxxxxxxxx@hotmail.com>; Nikolay<xxxxxxxxx@yahoo.com>; chuck.webber@xxxxxxxbd.com; cfogarty@xxxxxxxxxxxxxxxxxxxxxx.org; nancy.platto@pubdef.state.mn.us; Michael Volpe <xxxxxxxxx@gmail.com>; Prokopowicz, Phil <phil.prokopowicz@co.dakota.mn.us>; kathy.keena@co.dakota.mn.us
Subject: Case No. 19AV-FA-14-1375 In Re: custody of LLB and EDB; Jeremy James Boles, Petitioner and Colleen Angela Crouley, Respondent ***Judge Wermager Assigned***

 

Lee Sheehy, Chair – Minnesota Commission on Judicial Selection:

Is this corrupt Chief Deputy Dakota County Attorney Phillip Prokopowicz’s latest perennial attempt to become a corrupt Dakota County judge? Hmm” inquiring minds want to know, don’t they?

Commission on Judicial Selection Announces Vacancy in the First Judicial District ST. PAUL, MN – The Commission on Judicial Selection announced today that a judgeship vacancy is occurring in Minnesota’s First Judicial District. This vacancy will occur upon the retirement of the Honorable Michael A. Fahey, and will be chambered at Hastings in Dakota County. Application materials are due by close of business on Wednesday, January 10, 2018. Interviews are scheduled to be held on Wednesday, January 24, 2018.

I helped toss a monkey wrench wrench into Prokopowicz’s failed 2015 attempt, didn’t I?

Commission on Judicial Selection Recommends First Judicial District Candidates to Governor Dayton November 6, 2015  Phillip Prokopowicz: Mr. Prokopowicz serves as the Chief Deputy Dakota County Attorney, where he is responsible for handling misdemeanor, gross misdemeanor, felony, and juvenile delinquency cases. Previously, Mr. Prokopowicz was the head of the Dakota County Criminal Division, the Assistant Dakota County Attorney, and an adjunct professor at William Mitchell College of Law. Mr. Prokopowicz has volunteered for the Inver Grove Heights Parks Department as a youth baseball and soccer coach and formerly served on the Board of Directors for the Inver Grove Heights Community Schools. https://mn.gov/governor/newsroom/?id=1055-100415

And, I also helped toss a monkey wrench wrench into Prokopowicz’s failed 2016 attempt, didn’t I?

Commission on Judicial Selection Recommends First Judicial District Candidates to Governor Dayton April 29, 2016. Phillip Prokopowicz: Mr. Prokopowicz serves as the Chief Deputy Dakota County Attorney, where he is responsible for handling misdemeanor, gross misdemeanor, felony, and juvenile delinquency cases. Previously, Mr. Prokopowicz was the head of the Dakota County Criminal Division, the Assistant Dakota County Attorney, and an adjunct professor at William Mitchell College of Law. Mr. Prokopowicz has volunteered for the Inver Grove Heights Parks Department as a youth baseball and soccer coach and formerly served on the Board of Directors for the Inver Grove Heights Community Schools. https://mn.gov/governor/newsroom/?id=1055-226729

Didn’t Prokopowicz also try for the open corrupt judge spot in McLeod county? Hmm? Would you mind asking Prokopowicz when he plans on giving Sandra Grazzini-Rucki the rest of her evidence for the high-profile Sandra Grazzini-Rucki case no. 19HA-CR-15-2669?

Co-Defendant Deirdre Evavold received 12 times the evidence as Appellant. Appellant’s Reply Brief, Addendum. Case Number: A16-1997 State of Minnesota, Respondent, vs. Sandra Grazzini-Rucki, Petitioner, page 10.

Would you mind asking Prokopowicz why he would charge a huge amount of money to a data subject when they have forma pauperis status in a high-profile criminal case? Ex. Sandra Grazzini-Rucki 9HA-CR-15-2669. https://www.revisor.mn.gov/statutes/?id=611.271

Mr. Grigsby: May I make just one point?

The Court: Yes.

Mr. Grigsby: I think if I – – if the  Court approves the in forma pauperis, then she gets it without cost. The rules don’t necessarily say they can withhold discovery until payment is made; it simply allows them to charge for costs. So there’s ways to accomplish this. They’re somehow interpreting the rule as a right to prepayment. This is not in the rules.

The Court: Okay.

Mr. Grigsby: They can bill somebody.

The Court: Right. And there is no motion before me in terms of a discovery dispute, and I sure hope that you folks can coordinate this because you need to go forward. There’s no doubt in my mind that you need your discovery.  Transcript of proceedings for the 24th day of November, 2015 for Court File No. 19HA-CR-15-2669 State of Minnesota vs Sandra Grazzini-Rucki

Would you mind asking Prokopowicz if he ever charges data subjects in high-profile criminal case the actual cost of data? Ex. Deirdre Elise Evavold in 19HA-CR-15-4227. https://mn.gov/admin/data-practices/data/rules/copy-costs/actual-cost/

Originally charged $210 for 6 CD’s that would fit onto 1 DVD. April 29th billed another $91 for a CD of police reports received since January 22, 2016. Missing Evidence: Lakville Officer Kelli Coughlin’s preliminary audio recorded statement from Gianna & Samantha Rucki Preliminary audio statement of David Rucki, Tammy Love, Rick Hakanson, Loralie Muslof, Kelli Coughlin, Jim Dronen, and Mathew Palmer – Deputy US Marshal, (Corresponding audo and video with a report.) Stearns County Evidence (Surveillance of Residence by David Rucki) (Private, criminal investigative data for Christian Fox) Blue ray disc containing MN Bureau of Criminal Apprehension reports. … Appellant Brief, Case Number: A17-0200 State of Minnesota, Respondent, vs. Deirdre Elise Evavold, Appellant, page 13.

Would you mind asking Prokopowicz the status of the following criminal investigations related to the high-profile Deirdre Elise Evavold case no. 19HA-CR-15-4227 and the high-profile Sandra Grazzini-Rucki case no. 9HA-CR-15-2669?

Summary: Request to accept a complaint that has been previously reported and is being investigated by another jurisdiction. Incident: Assist Public, Date: 6/24/16, Time: 11:58, Name: Evavold, Deirdre Elise. Hastings Police Dept. Incident Report 16-900060 (Public portion of initial criminal complaint)

Summary: On 07-20-2016 at around 1227 hours, Hastings Officer took a threats report in the area of the 1500 block of Hwy 55. Incident:Threats/stalking, Date: 7/20/2016, Time: 12:27, Name: MacDonald, Michelle. Hasting Police Dept. Incident Report 16-002285 (Public portion of initial criminal complaint)

Summary: On July 20, 2016 officers were called to city hall to take a harassment complaint that occurred at the Dakota County Government Center. Incident: Harassment, Date: 7/20/2016, Time: 12:00, Name: Michael Kenneth Rhedin. Hasting Police Dept. Incident Report 16-002284 (Public portion of initial criminal complaint)

Would you mind asking if Prokopowicz why he would bring rape charges against a suspect when the main witness for the alleged victim says the alleged rapist is innocent?

NB: No. She told me that she said she wasn’t willing to have sex with him. She felt that she got raped. That’s what she told me. When I asked her – because when she told me that she was going to the police, because this stuff happened, I asked her, “If you feel that way you can. Remember I asked you if you were okay in that bathroom and you told me ‘Yes.”

MG: And she knew that you and Igor were right outside the bathroom so if something were happening against her will, all she had to do is yell. Right?

NB: All she had to do is yell. Igor even asked in Russian – I believe that is what they speak – if she was okay and he responded that she was okay. They both came out afterwards, after everything happened, and they both said they had sex. But then after that she started not feeling good. …To me they were both intoxicated and afterwards she still wanted it – or she would have screamed if she didn’t want to have it. Like I have talked to my mother about this because it’s been bothering me since the incident happened. I don’t feel like Max should be (she was choking up about this and couldn’t speak)…. She would freak out and she would tell me afterwards that what happened. I would have call the police police right there and then. But if it didn’t happen, don’t do that to Max especially you tell me that “I hope he calls me.” That’s not rape. That’s not nothing. I feel so bad for Max. Nicole Brekkestran = NB. MG = Mike Grostyan, private investigator for Maksim Simonov in 19HA-CR-15-1637. September 30, 2015

Prokopowicz loves malicious prosecution, doesn’t he?

12/01/2016  Disposition (Judicial Officer: Wermager, Tim D.) 1. Criminal Sex Conduct-3rd Degree-Victim Mental Impair/Helpless (Not applicable – GOC) Acquitted 2. Criminal Sex Cond-5th Degree-Nonconsensual Sexual Contact (Not applicable – GOC) Acquitted  Case No. 19HA-CR-15-1637 State of Minnesota vs Maksim A Simonov

Would you mind asking if Prokopowicz why a millionaire is allegedly on welfare in Dakota county?

Finding of Fact: “The Father receives child support services from Dakota County for the joint children pursuant to the Title IV D of the Social Security Act. Order concerning discovery, continuance and temporary support. Maria K. Pastoor, Child Support Magistrate Dated: August 11, 2016. Case No. 19AV-FA-11-1273 In the Marriage of Sandra Sue Grazzini-Rucki vs David Victor Rucki

[David] Rucki owns three homes and is a principle in multiple businesses. Multi-Millionaire Rucki claims pauper status in court written by Michael Volpe Aug 29, 2016. https://www.commdiginews.com/business-2/multi-millionaire-rucki-claims-pauper-status-in-court-70070/

Would you mind asking if Prokopowicz if he has a personal vendetta against Jeremy James Boles?

Just two days prior to the court hearing for the Contempt of Court charges and just two days prior to the Custody hearing that was to finalize the temporary order that had been put into place by the courts my ex decided to take our children to see a therapist. During the therapy session my children supposedly made claims of sexual abuse and physical abuse against me. The therapist (whom works right by James Backstrom’s office) called the Apple Valley Police whom reviewed the therapist’s notes from my children’s first session and placed my children on a health and safety hold. The Officer never talked to nor seen my children. Not one person called me nor made a homevisit and still to this day almost two years later not one person has made a visit to my home. Mr. Backstrom is will aware of this but has allowed my children to be held from me with no contact for almost two years. The courts just recently sent me a new order out of the blue stating that they are terminating jurisdiction and that the case is now closed with no explanation. Thank You Jeremy James Boles (Unsigned statement)

Would you mind asking if Prokopowicz if he looked into the drug allegations against the mother of Jeremy James Boles’ child, Colleem Angela Crouley?

I also found the guilty party’s cell phone that she CLAIMED the non-guilty party stole from her which is false. She tossed it out of anger and could not find where it went. One afternoon when deep cleaning the cellphone was found. I charged the phone and turned it on and found a large number of text messages that can show she is selling Adderall that is getting illegally, wanting to get coke and drunk during the day whle the kids are in her care. I would love to share this phone with your local police. .. The no-guilty part has a court order that I will try to attach to this email, if you don’t get it please let me know. You may feel free to call the non-guilty party at 612-300-9452 Jermey or my number is 612-990-3593 Erica. From Erica Stufflebeam [mailto:estufflebeam@outlook.com] Sent: Sunday, June 08, 2014 9:32AM To Dakota County Attorney; Bellows, Dave; police@cityofapplevalley.org Subject: please explain.

Would you mind asking if Prokopowicz if assistant Dakota County attorney is a law enforcement officer or not?

From: Dakota County attorney; Sent: Monday, June 9, 2014 259 PM; To ‘Erica Stufflebeam’  This Office is in receipt of you June 8, 2014, email regarding the alleged violation of Colleen Crouley of the visitation schedule set forth in Judge MCManus’ order dated May 27, 2014. This Office does not investigate crimes, so if Mr Boles believes that Ms. Crouley has deprived him of his parental rights by failing to return the children in violation of the court order, he should report the matter to his local law enforcement agency. Alternatively, he may report it to the local law enforcement agency where Ms. Crouley resides. If an investigation is conducted and the investigating law enforcement agency believes a crime had been committed it will refer the case to the appropriate county or city attorney’s office for charging consideration. Regards, Kathy Keena, Criminal Division Head.

Terry Dean, Nemmers (320) 283-5713

P.S. Did you think that I didn’t notice your dirty trick for the corrupt judge candidates for the corrupt 6th judicial district?

Commission on Judicial Selection Recommends Sixth Judicial District Candidates to Governor Dayton FOR IMMEDIATE RELEASE December 8, 2017 ST. PAUL, MN – The Commission on Judicial Selection announced today it is recommending three candidates to Governor Mark Dayton for consideration to fill the current vacancy in Minnesota’s Sixth Judicial District. This vacancy occurred upon the retirement of the Honorable Terrence M. Aronson, and will be chambered at Virginia in St. Louis County.

Commission on Judicial Selection Announces Vacancy in the Sixth Judicial District FOR IMMEDIATE RELEASE  October 23, 2017 Commission on Judicial Selection Announces Vacancy in the Sixth Judicial District Application materials are due by close of business on Monday, November 13, 2017. Interviews are scheduled to be held on Thursday, December 14, 2017.

Advertisements

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.”

 

%d bloggers like this: