Friday, April 27, 2018

Judge Halbrooks: Sandra Grazzini-Rucki Too Poor For Court Costs But Can Pay Child Support by Michael Volpe


https://wall.alphacoders.com

"Months after a Minnesota Appeal’s Court Judge ruled that Sandra Grazzini-Rucki was capable of paying nearly $1,000 per month in child support, the same judge ruled that paying several hundred dollars in her ex-husband’s court costs would be too burdensome...

David Rucki was granted child support even though he already received 100% of a multi-million-dollar estate which included numerous homes, classic cars, and the entirety of a thriving trucking business.


Rucki was also granted sole custody of the children and Grazzini-Rucki has not been allowed to see her children since early 2013; the divorce decision, handed down by Judge David Knutson, is one of the most one sided in the history of divorces.

Emails to Flaskamps-Halbrooks and Beau Berentson, public affairs officer for the Minnesota courts, were left unreturned."

Judge Halbrooks: Sandra Grazzini-Rucki Too Poor For Court Costs But Can Pay Child Support by Michael Volpe: https://ppjg.me/2017/12/08/judge-halbrooks-sandra-grazzini-rucki-too-poor-for-court-costs-but-can-pay-child-support

Thursday, April 26, 2018

SEEKING JUSTICE - Dede Evavold Soldiers On




Supporters of judicial integrity attended the April 17th Judiciary and Public Safety Finance and Policy Committee to request legislative intervention in our wrongful prosecution cases.

These cases involve prosecution for ideological beliefs about the court system, obstruction of justice due to illegal withholding/suppression of evidence, numerous due process violations, witness tampering, serial prosecutorial and judicial misconduct, media interference of investigations and trials, violation of rules of the criminal court, significant upward departures in sentencing and false imprisonment of defendants as well as one of the attorneys representing a defendant.

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Individuals have been denied access to justice and the basic right to a fair and impartial trial and the public officials have been and are continuing to act with impunity. Recently, I was jailed for information on this blog regarding these cases.

We have attempted to seek remedy and redress from the MN Court of Appeals, the MN Supreme Court, the FBI, the Attorney General, the Board of Judicial Standards, the Lawyers Professional Responsibility Board, Law Enforcement, Dakota County Commissioners, and the First Judicial District Administrator and Chief Judge, to no avail.

I am not at liberty to discuss the background on the case as I have been gagged by the judges involved and risk further incarceration for revealing details of this high profile case. What this amounts to is a weaponization of the legal system to bully and suppress my first amendment rights.

Here’s what I can say,  the Assistant Dakota County Attorney engaged in malicious and retaliatory prosecution by unrealistically overcharging defendants and allowing wrongful convictions when she knew the affirmative defense negated any criminal liability. The judge erroneously allowed evidence to be illegally withheld from defendants and excluded evidence critical to the affirmative defense, thereby making the affirmative defense ineffective. Evidentiary rules cannot prevent a defendant from presenting his defense. Chambers v. Mississippi, 410 U.S.284 (1972).

The courts are endowed with an abundance of power and yet have limited checks and balances. Dakota County has demonstrated a willingness to abuse the power entrusted to them and have managed to shield themselves from any accountability.


Cover of the first printing of the Minnesota Constitution, 1857. 

What we requested from the legislators:  
       
The MN Constitution provides numerous actions that the Legislature can take regarding the Judiciary:

ARTICLE VI, Sec. 9. The legislature may provide by law for retirement of all judges and for the extension of the term of any judge who becomes eligible for retirement within three years after expiration of the term for which he is selected. The legislature may also provide for the retirement, removal or other discipline of any judge who is disabled, incompetent or guilty of conduct prejudicial to the administration of justice. 

ARTICLE VIII, Section 1. The house of representatives has the sole power of impeachment through a concurrence of a majority of all its members. All impeachments shall be tried by the senate. When sitting for that purpose, senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators present.
Sec. 2. Officers subject to impeachment; grounds; judgment. The governor, secretary of state, auditor, attorney general and the judges of the supreme court, court of appeals and district courts may be impeached for corrupt conduct in office or for crimes and misdemeanors; but judgment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit in this state. The party convicted shall also be subject to indictment, trial, judgment, and punishment according to law.
 
Sec. 5. Removal of inferior officers.

The legislature of this state may provide for the removal of inferior officers for malfeasance or nonfeasance in the performance of their duties. 

The Legislature appropriates significant tax payer funding to the courts with no oversight of how these tax payer dollars are being spent. Clearly, Dakota County has not demonstrated good stewardship of public funds in these cases as millions of dollars have been spent on carrying out personal vendettas.

At my sentencing hearing, (and speaking on behalf of the state) Assistant County Attorney Keena states,“As to the sentence that the State believes the defendant should receive in this case, it’s the State’s position that Ms. Evavold should be treated the same and receive the same sentence that xxxxxx  received in her case. And why she remained silent and her rationale for doing so I think is more reprehensible than actions taken by xxxxxx. This defendant did it purposely for her ideological beliefs about the family court system and her complete disregard for the family court system.”

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We are asking for a special counsel investigation into these cases as the Legislature has the power, authority, and duty to investigate any government entity when there is clear evidence of misconduct. This case is of great public interest and must be reviewed to alleviate the adverse administration of justice.


Below are the members that received the information with phone numbers and emails listed. Give them a call or email them to hold them accountable for investigating these cases and take appropriate action against those that are guilty of corrupt conduct in office.

Sunday, April 22, 2018

Cruel and Unusual Punishment: Commentary on Grazzini-Rucki Case, Bail


 Originally Posted 12/11/2015...Removed from "Red Herring Alert" after David Rucki says the blog "harasses" him. Blog owner Dede Evavold subject of legal retaliation, jail removes hundreds of posts under duress.

 
 



A hearing was held on 12-7-15 for Sandra Grazzini-Rucki. Pre-trial is scheduled for 2-24-16 with a jury trial scheduled for the week of 3-07-16. Sandra waived her right to a speedy trial.
Sandra was initially charged with 3 felony counts of deprivation of parental rights. Three additional charges were added after the discovery of her daughters Samantha and Gianna in November 2015. Sandra Grazzini-Rucki now faces six felony counts of deprivation of parental rights.
The county is seeking an aggravated sentence against her, saying the girls’ father has been caused “particular cruelty” for being deprived of the girls for two years. Assistant Dakota County Attorney Kathryn Keena wrote in a notice to the court filed last week that David Rucki has “suffered extreme emotional pain beyond what is normal for this crime.”
Doesn’t this whole case seem to be “beyond what is normal” and the crime  pinned on the wrong parent? The “particular cruelty” would seem to be what the Rucki children and Sandra have suffered due to the abuse, not only by David Rucki, but by all the court players as well. The million dollar bail (now reduced to half a million) and the post bond conditions appear disproportionate to the alleged conduct of protecting children from violence.  
 “The sisters ran from their home while their parents were in the midst of a bitter custody dispute over their five children. The girls had accused their father of abusing them, but a court-appointed psychologist concluded that Grazzini-Rucki had turned her children against their father. A Dakota County judge granted the father full custody of his children in November 2013, saying there was no credible evidence that they were abused.” Brandon Stahl ~ StarTribune
The reason given for the excessive bail amount was due to the determination that Grazzini-Rucki presents a significant flight risk. Prosecutor Phil Prokopowicz acknowledged that the bail amount was large, given the charges, but argued that it took nine weeks for federal authorities to find Grazzini-Rucki, that she has ID cards in two states, and that she uses prepaid cellphones to avoid being tracked.
What’s interesting is that there is no evidence to back up the claims of a flight risk. The charges and warrant for Grazzini-Rucki’s arrest were filed in August 2015 under seal because of police fears that she would go into hiding. The warrant was mysteriously leaked and then taken off the Dakota Co. website a few days later. The display of records was blamed on a “glitch”.  I’m wondering if you can you still be considered a fugitive if you didn’t know about your warrant? Sandra is a flight attendant and was living with coworkers in Florida at the time.
With regard to the ID cards in 2 states, Sandra is listed as CONAX status which means that she once possessed a driver’s license in the state of MN, but it’s no longer valid. Driver’s licenses must be turned in before  a new one can be obtained in another state. The final argument by the prosecutor: “she uses prepaid cellphones to avoid being tracked” is also an invalid concern. If you have bad credit, (due to court ordered impoverishment), you’ll typically need to pay a higher deposit or opt for a month-by-month, pre-paid phone plan.’
Bail is supposed to do two things. One: make sure that someone comes back to court for their trial. Two: protect public safety. We know she’s not a threat to public safety and she’s dutifully attended court hearings in the past. All money bail does is keep those with insufficient funds locked up. If she doesn’t appear for a court date, the judge may order the bail be forfeited, meaning that she would lose her right to get the bail back at the end of the case. Do you really think Sandra would flee? She also has bond conditions that ensure she would appear for court.
Apparently, MN needs to be reminded of the eighth amendment ~ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. As the United States Supreme Court said in Stack v. Boyle:
“This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.. . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.”
Faced with the prospect of being incarcerated until trial, most people would  accept a plea deal. Ms. Sandra Grazzini-Rucki however, is too smart to fall for the tricks of prosecutors and judges. She waived her right to a speedy trial so her attorney  can fully prepare and present evidence that will reveal the facts and demonstrate the joint and several liability of the failure to protect this family!

Sunday, April 15, 2018

Really Was This Necessary? Forced Entry of Dede Evavold's Home...Then Forced Removal of Her Blog

Another post removed from "Red Herring Alert... so apparently telling your own life story is now "harassment"?? Or maybe the corruption just doesn't want to be exposed..hmmm..

Read more about #Evavold case: Battle Over Free Speech Sends Blogger to Jail




REALLY? WAS THIS NECESSARY?

Nothing like a “no-knock” warrant to spice up your life! Coming home to 5 detectives, a US marshal, and a police officer already in your house is a bit unsettling. Having your electronics and documents taken is also unnerving. I can’t say I wasn’t expecting it, but one can never really prepare for it. Many of Sandra Grazzini-Rucki’s friends have been harassed and/or had searches conducted in their homes.
Keep in mind that we are well on our way to a police state. 25 ways that cops doing their jobs are turning us into a police state
Search Warrant and Inventory Receipt
(Click on documents to zoom-in)





As a general rule, cops can never break down your door to enter your home in a forced entry. Before entering your home, officers must knock, announce their presence, and wait for you to come to the door like you would for any other visitor. This requirement is called the “knock-and announce” rule. The purpose of this rule is to allow people an opportunity to respond so that violence can be averted and privacy protected. Keep in mind, however, that this is only a general rule. Once the cops knock and announce their presence, they only have to wait a reasonable amount of time for you to come to the door. If you do not come to  the door, they are permitted to make a forced entry.

(I’m assuming a battering ram was used to bash in my  garage door)
The issue that usually arises is what is a reasonable time for officers to wait before a forced entry? The Supreme Court has upheld forced entries after the cops only waited 15-20 seconds. Courts don’t generally require the police to wait for extended periods because of concerns that defendants will try to dispose of evidence before the police enter. If the police do not knock and announce as required, most courts will not automatically find that the police entry and search were illegal. Instead, they will just consider it a “factor” in determining whether the forced entry in your home and subsequent search were reasonable.
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Photo of returned items.
The names of the personnel who were present:
Detective Jim Dronen
Detective Kelli Coughlin
Detective Dave Watson
Detective Rick Hakanson
Detective Russ Helmueller
Inspector Matt Moran-US Marshals Service
Officer Eric Jensen-St. Cloud Police Department


~STAY TUNED FOR FURTHER UPDATES  ON THE GRAZZINI-RUCKI CASE~

Wednesday, April 11, 2018

Tim Kinley, host of TV show “Speechless Minnesota”, comments on the HRO filed against Dede Evavold  by David Rucki and resulting court order  to take down over 100 posts on her blog -a violation of freedom of the press and freedom of speech by Dakota County.
She’s (Dede) part of the press, she has a blog that writes about court issues and a whole lot of other issues but she also writes about her case and it’s her way of getting information out as to what took place in that courtroom and what the judge did and what was going on and educating people about the true nature of courts. Well, the judges don’t like that so they were in full compliance with a harassment restraining order put on her..

Monday, April 9, 2018

Sandra Grazzini-Rucki Case Spins Out of Control


From the ongoing investigation of Michael Volpe:

"The case against Sandra Grazzini-Rucki has turned to chaos and most of the blame can be laid at the feet of Dakota County Judge Karen Asphaug...

Grazzini-Rucki was convicted in the fall 2016 of deprivation of parental rights for hiding two of her daughters from her abusive ex-husband- her ex-husband David Rucki has been involved in a bar fighta road rage incidentincidents of stalkingonce stuck a gun to his son Nico’s head, and chased after his daughter Samantha on her thirteenth birthday.

 
The maximum sentence for the crime Grazzini-Rucki was convicted of was one year and one day and probation was assumed for anyone with no prior criminal record.

Though probation was assumed since Grazzini-Rucki had no prior criminal record, not only did Asphaug sentence Grazzini-Rucki to the maximum but made her serve it fifteen days at a time over a period of six years....

But shortly before Grazzini-Rucki was to serve her sentence, the Minnesota Appeals Court overturned the sentence as too harsh and sent the matter back to Asphaug for her to resentence Grazzini-Rucki and have her complete the sentence...

Grazzini-Rucki failed to appear for her March 26 court date and a nationwide body only (the most extreme) warrant was immediately issued.

Now, with less than a month and a half to serve, Dakota County is insisting on extraditing Grazzini-Rucki, a process would could take up to a week and a half on its own.

Because missing a court date immediately put Grazzini-Rucki into a fugitive category she is being housed in maximum security in a county jail, not a prison, which she said, “are used to break people.”

Had she been allowed to execute the sentence, Grazzini-Rucki would have completed everything in January 2017.

Sandra Grazzini-Rucki is currently being housed in Pinellas (Fl) County Jail and has been since she voluntarily turned herself in on March 27..."


Judge Karen Asphaug, Dakota County

Sunday, April 8, 2018

Sandra Grazzini-Rucki Medical Exam Points to Minnesota Jail Corruption


An update on the Sandra Grazzini-Rucki criminal case reveals shocking injuries  either ignored or caused by the Minnesota prison system the last time she was incarcerated. ...

Journalist Michael Volpe Reports:Grazzini-Rucki is currently being housed in Pinellas County Jail in Florida awaiting extradition back to Minnesota to finish a convoluted sentence imposed inexplicably by Dakota County Minnesota Judge Karen Asphaug.

 She recently had a medical check to prepare her for transport for her extradition and that medical check determined that she had: multiple broken toes on one foot, and one on the other, 2 broken nose, iron deficiency, lower back problems, and a torn rotator cuff.

Much of this damage was caused on her last transport from Florida to Minnesota and the broken nose was caused when a fellow inmate attacked her while in prison in Minnesota.

 The reason the transport was so brutal was because Dakota County lied to the US Marshals and made her appear to be a violent and assaultive felon when she was being charged with a low level felony..."


Read More About the Abuse Sandra Endured On Prison Transport: Diesel Therapy: Sandra Grazzini-Rucki’s Torturous Journey on Prison Transport

Wednesday, March 28, 2018

Blue is the New Black: Dede Evavold Recalls the Ramsey County Correctional Facility

One of the posts Dakota County forced Dede Evavold to delete... Does this post really constitute "harassment" against David Rucki and family??

609.748 HARASSMENT; RESTRAINING ORDER





Blue Is The New Black


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

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  • 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

dakota-co-sheriff
Click To Zoom
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.  
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 Academyand 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.
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