Unwarranted: Was the Arrest Warrant Against Sandra Grazzini-Rucki Improperly Handled?

In August 2015, a sealed warrant for the arrest of Sandra Grazzini-Rucki was “accidentally” posted on the public webpage of the Dakota County Sheriff’s office leading to the warrant being widely published, and shared, in news media outlets. Sensitive information about the sealed warrant was also given to abusive ex-husband, David Rucki, from The Star Tribune. Dakota County Sheriff Tim Leslie claims the leak was just a “glitch”.

The original warrant was then pulled down from the public website then re-sealed again, as if nothing had ever happened. The original warrant was put under a 2nd seal (re-sealed) and never served to Sandra but instead sent U.S. Marshalls after her, claiming she was a “fugitive”. How can you be a “fugitive” when you were never informed of proceedings, and never served with a warrant? 

Sheriff Tim Leslie

Sheriff Tim Leslie

Could that “glitch” cost Dakota County their case against Sandra? A recent court ruling states that improper service is grounds for dismissal; certainly in this case, there was not only improper service but outright negligence to protect information so sensitive that the judge ordered the warrant to be sealed. 

Signed, Sealed, but NOT Delivered

When someone is suspected of a crime, law enforcement obtains a warrant of arrest which is a document signed by a judge authorizing the detention of an individual, or authorizing the search and seizure of an individual’s property.

In the case of Sandra Grazzini-Rucki, a nation wide warrant for arrest was submitted by Prosecuting Attorney Kathryn M. Keena before a judge, and put under a seal on August 12, 2015. Sandra was charged with 3 counts of felony deprivation of parental rights. According to Keena a seal was needed “because disclosure could cause defendant to flee, hide, or otherwise prevent execution of the warrant”. The seal was to last until Sandra is arrested, and returned to the state. What evidence did Keena have to substantiate a sealed warrant? To date, no evidence has been presented that would justify such an extraordinary measure. 

Kathryn Keena (Source:http://minnlawyer.com)

Kathryn Keena (Source:http://minnlawyer.com)

Was a Sealed Warrant Necessary?

A seal means that the warrant is filed in secret, and its existence will not be made public. The subject of the warrant has no idea that they are wanted on charges until they are apprehended. A sealed warrant is usually reserved for special circumstances where public knowledge may jeopardize the investigation and/or issuance of the warrant.

Putting a seal on an arrest warrant is NOT a common procedure; and is even more extraordinary when used against an ordinary Minnesota Mom. Sandra has no prior criminal history, and has attended all scheduled court dates (related to ongoing custody issues, she has NO prior criminal history) – even travelling from out of state to do so. Sandra has also worked at the same job for 28 years, and maintains a stable lifestyle. She posed absolutely no risk of danger to anyone, and was certainly not a flight risk. 

Further, the police knew exactly where to find Sandra – according to the police report, the Lakeville police had previously issued search warrants for the airline she worked for, and had no problem finding out her address, phone number, and employment information. Sandra was being monitored before the warrant was issued. While this was happening, Sandra maintained her normal routine, and did not display any signs that she would evade any legal process.

A summons to appear at a court date would have been sufficient, rather than going to these unnecessary and costly, efforts used by Dakota County.

Somebody’s watching me… (Public Domain: http://www.acclaimimages.com)

Sealed Warrant Goes Public Due to a “Glitch”

Despite the exhaustive efforts of Dakota County to seal the arrest warrant, there was a glitch (or perhaps a leak?) and out of all the warrants entered in the system…somehow only the sealed warrant belonging to Sandra was “accidentally” posted publicly on the Dakota County Sheriff website. Dakota County continued to issue a fugitive warrant on a woman who did not even know a warrant had been issue. Sandra had never been served, nor had her attorney been served (in fact the attorney was only notified of the existence of a warrant after a call from the Star Tribune!)

And if that was not bad enough (gasp!) the Star Tribune, who had been in contact with Lakeville police for months, was alerted and went public, announcing an arrest warrant had been issued for Sandra.

Brandon Stahl of the Star Tribune broke news of the arrest warrant on August 18th: Mother sought in case of two missing Lakeville girls

Brandon Stahl, Star Tribune

Brandon Stahl, Star Tribune

Follwed by Michael Brodkorb, also of the Star Tribune, posting an update on August 21st on his Twitter feed, mentioning the arrest supposedly sealed warrant: https://twitter.com/mbrodkorb/status/634764171125592064

The Star Tribune then informed Sandra’s attorney, Michelle MacDonald, about the sealed warrant…and gleefully spread the news across multiple social media venues. The seal had been broken on the warrant as the news spread nationwide thanks to the special efforts made by Stahl and Brodkorb at the Star Tribune. Keep in mind one of the common reasons that a warrant is sealed is to prevent news of the warrant from reaching the media, who could compromise the case with disclosure.  

Michael Brodkorb~ terminated reporter, Star Tribune

Michael Brodkorb~ terminated reporter, Star Tribune

By “coincidence” a local news outlet reports on the close relationship between Lt. Jason Polinski of the Lakeville Police Department and the Star Tribune,A Star Tribune story in April provided new information that helped police build a case for an arrest warrant for Grazzini-Rucki, who previously was considered a “person of interest,” in the case, Polinski said.Police looking for mother in disappearance of daughters in Minnesota

Even David Rucki himself acknowledged the connection,”..Rucki added he was “very grateful” for the assistance of law enforcement and media attention..” David had alot to be “grateful” for considering Michael Brodkorb of The Star Tribune tipped him off about the sealed warrant. Father of missing Lakeville sisters ‘relieved’ by warrant for ex-wife’s arrest/

At that point there is no reason for the warrant to remain sealed, instead providing Sandra with a notice to appear in court would have been appropriate. Instead, Dakota County relentlessly pursued Sandra. At great cost to tax payers, Dakota County had the warrant removed from the public website and then re-sealed. Sandra was apprehended by U.S. Marshalls, in Florida, and she endured a brutal journey being transported across the country, chained up in the back of a van for over 8 days. Keep in mind that Sandra works as a flight attendant, and she could have easily arranged her own transportation back to Minnesota – as she had done numerous times in the past to answer to proceedings related to her custody dispute. 

Recent Case Presents Compelling Reason for Dismissal

ID-100178787

Image courtesy of Stuart Miles at freedigitalimages.net

 The common law and the Constitution afford the public a qualified right of access to judicial records and proceedings. 

The significance of the sealed warrant being publicly posted, and then making the news outlets, is that information about the sealed warrant was not only improperly released but also improperly served. Even more important, every individual is protected by laws designed to uphold personal liberty. These laws are in place to limit the government’s ability to take our freedom or property without due process. 

In the 2011 case of Jones v. Brown County (Civil No. 11-CV-568, SRN/FLN) the District Court found that, “ Under Federal Rule of Civil Procedure 12(b)(5), improper service of process may be grounds for dismissal. Fed. R. Civ. P. 12(b)(5). In this case, none of the defendants have been properly served. “

The Court then dismissed a claim made against Brown County because, “It is clear that process was not properly served in this case. “ And, “With regard to the individual defendants, under Minnesota Law service may be effectuated “by delivering a copy [of the summons and complaint] to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein.” Minn. R. Civ. P. 4.03(a). The only attempt at service upon the individual defendants in this case was by mailing a copy of the summons and complaint to the county offices in which these defendants work. These mailings did not constitute service by mail, as the mailings did not include two copies of Form 22, or a substantially similar notice and acknowledgment form, as required by Minnesota law. Minn. R. Civ. P. 4.05. Plaintiffs failed to meet the requirements for service upon an individual. Plaintiffs claims should be dismissed for insufficient service of process…

And because Plaintiffs improperly served the original Complaint, this action was never properly commenced. See R. 3.01. “ Source: https://www.gpo.gov/fdsys/pkg/USCOURTS-mnd-0_11-cv-00568/pdf/USCOURTS-mnd-0_11-cv-00568-1.pdf

Given that the sealed warrant was improperly served, the Prosecutor’s Office should promptly dismiss all charges. Plz stay tuned to Red Herring Alert for news and updates!

An unjust law is itself a species of violence. Arrest for its breach is more so. “ ~ Mahatma Gandhi

What’s Fair is Fair

 

We’ve seen and heard a lot about Sandra Grazzini-Rucki. . . But what about David Rucki?

 Let’s take a looksie!

WordsRucki Image

Name: Rucki, David Victor     DOB: 02/03/1963     Address: xxxxxxxxxxxxxxx Lakeville, MN 55044 Secondary Address: xxxxxxxxxxxxxxxxxxxxxxxxx  Farmington, MN 55024 Age: 52  Business information: Rucki Trucking (Shop) Farmington, MN 55024

Vehicle Information: 2005 Maroon Chev Suburban, (MN Lic#SPZ533); 1990 Silver Mercedes Benz SL500  Convertible coupe, (MN Lic#); 1965 Black Cadillac Coupe Convertible (MN Lic#914HRA); 1965 Dark Blue/Black Chevelle

Car AXDave Rucki

DR Car

Pictures above were taken by Sandra Grazzini-Rucki’s friend Michael Rhedin on July 27, 2013 outside of his then residence in Elko New Market, MN. Rhedin filed a police report for MN Statute 609.749 STALKING.

Subdivision 1. Definition. As used in this section, “stalking” means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.

The Harassment Restraining Order was denied. (Click on documents to view larger)

Report

 Report 2    Report 3

RĒ TALLY Ā SHEE ŌNN?

 

Det. Dronen Image by sunthisweek.com

Detective Dronen Image~sunthisweek.com

DETECTIVE DRONEN FROM THE LAKEVILLE POLICE DEPARTMENT STRIKES AGAIN!

LAKEVILLE SEARCH WARRANT

(CONDUCTED AT HOME OF MICHAEL RHEDIN)

Warrant

Readers may recall that Michael Rhedin is considered a “person of interest” in the disappearance of the Grazzini-Rucki girls. Keep in mind, the girls went missing in April, 2013 and police are just now conducting a search.

Interestingly, Michael Rhedin was a former police officer in Elko New Market and reported allegations of racial profiling and improper conduct in the department.  The American Civil Liberties Union is investigating claims from two former Elko New Market Police officers who allege racism and inappropriate actions within the department.  One of the officers was Michael Rhedin.  Read link below:

Former cops allege racism by Elko New Market Police

Was it something I said?  Elko decided to make some cuts after the allegations:

City spending cuts? Good. No cops? Whoa!

Excerpts:

“In 2004, Officer James Kiecksee resigned after claiming he’d been pressured to pull over black drivers. In his letter of resignation, he said a trainer told him: “If you see a black man in a car, find a reason to stop him. He is either going to commit a felony, just leaving the scene of a felony or just lost.”

In another well-documented flap, a stuffed toy monkey hung in the back of police Sgt. Steve Malecka’s squad car for months last year; the sergeant said it was an innocent gift given to him by school children, according to Lakeville’s report.

A second officer, Michael Rhedin, resigned last year after filing a complaint with the city against Malecka and Police Chief Richard Jensen alleging a string of harassing behavior and inappropriate racial comments. Rhedin had been a part-time officer for 8 1/2 years.

The Lakeville Police Department said it could not substantiate the allegations against the police chief. Malecka, however, was issued a written reprimand for two policy violations. The remaining allegations against him were not substantiated.
The Dakota County Attorney’s office decided not to prosecute after reviewing findings from the Lakeville police.”
_________________________________________________________________________________

Don’t forget about Lakeville Officer Jim Dronen’s request to have David Rucki’s Violation of the Order for Protection deleted.  Should someone sympathtic to David Rucki ALSO be investigating the missing Rucki girls?lakeville-pd

Michael Rhedin, as well as, others involved in trying to help Sandra Grazzini-Rucki and her family, have endured demonization, discrediting, and destruction by the “professionals” involved in the Grazzini-Rucki case. Michael Rhedin’s son has been charged with a felony for property damage at the Lakeville home where two sisters disappeared in 2013. (Sandra Grazzini-Rucki has already been charged with this alleged crime civilly and paid restitution for the “damages”).

Felony charge filed for damage at home of missing Lakeville sisters

The following is a statement made by Michael Rhedin with the Plymouth Police regarding his missing $2,500 after the search and seizure.

Internal Affairs Complaint against Lakeville PD (click and zoom on image):

Michael Rhedin copyright Red Herring Alert/DE

Michael Rhedin copyright Red Herring Alert/DE

FAQ’s on American Judicial and Legal Corruption

by Dr Les Sachs

“America brags about having the “rule of law”, but this does not mean that the law is taken seriously. All it means is that there are people with the title of “judges” and “lawyers” involved, while you are being railroaded and denied your rights, while your family is destroyed, your life ruined, and your freedoms are trampled by a court. “The rule of law” is just a propaganda phrase that covers for rule by lawyers.

The reality of American courts is an immense tragedy and catastrophe, a tragedy which is mostly un-reported in the news media. (See below on why the U.S. media are quiet about crooked judges and lawyers.) There are millions of victims, with stories that are largely hidden, suppressed or obscured by the big news media organizations. Some of these victims are under gag orders or bans on their freedom of speech, but many of these stories are out on the internet for you to see, some of them despite the gag orders.

Because these stories are not prominent on the TV news or in the major newspapers, most people who are not yet victims – maybe like you, before you became a victim yourself – most people tend to believe what they have been told, about living in a “free country” with “justice in the courts”, and the “greatest legal system in the world”.
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Image by Red Herring Alert/SC

Image by Red Herring Alert/SC

Our thanks to guest contributor, Dede, for the article!