Sunday, September 1, 2019

Corruption Proof? Another Post About Grazzini-Rucki Case Taken Down


WHY are so many articles, posts, links to documents and first hand accounts of the Grazzini-Rucki case being removed from the internet, and from the public eye?

The media has a vital role in uncovering the truth, and bringing issues of concern to the public. With advancements in technology and communication, the media has evolved to include everyday citizens, bloggers/vloggers, social commentators (etc) who report, research and share news; often delving into areas mainstream media won’t cover. This is a critical time in history when the true voice of the people is finally being heard. The news is no longer defined by major outlets alone but there are many outlets, and many sources to gather information. Every time a blog or article is removed due to harassment, threats, force/legal action or fear of personal harm, it strikes a blow to the liberty of every American.

...this post remains online but several links connecting to it have been removed...

PLEASE DON'T THINK FOR ONE SECOND THAT THIS IS ONLY ONE CASE - ITS HAPPENING ALL OVER THE COUNTRY TO MEN AND WOMEN ALIKE. HOW WOULD YOU FEEL IF THIS HAPPENED TO YOU?

Radio Interview with Sandra "Sam" Grazzini-Rucki (Missing)


THE FEDERAL LAW SUIT BEGINS – (Missing, Posted 9/17/2013)


"Speechless Minnesota" also did an episode on the lawsuit: "2014/01/16 A U.S. Federal Court Hearing took place on Friday, January 10, 2013, at 2:00 PM on whether Judges sued individually are immune, even if they violate the civil rights of family members, by "temporarily" depriving them of their rights to their own children. Tim Kinley held a press conference in front of the court building before and after the court proceedings. Tim discussed the case and the interviews on this show."



<<< CLICK AND LISTEN (Missing. This refers to the Fox 9 Story.) >>>>


This article is attached to the post, it comes from the Carver County Corruption blog which reported on several family court cases including Grazzini-Rucki. The CCC blog was removed from the internet after threats of lawsuit from David Rucki and his attorney.


"GIFTS" ARE LEGAL .... ANYONE WONDER WHY THE WORLD SEEMS JACKED UP!

$150 `gifts` (bribes) For Judges Under a rule judges made for their benefit only, they can take $150 secret `gifts` (bribes) from lawyers, special interests and anyone else. They can keep these `gifts` (bribes) secret – they do not have to report them to anyone. They can take unlimited number of these `gifts` (bribes) – as many as they want. The rule is on the internet, you can see it yourself.

The rule is part of the Canons of Judicial Conduct. The paragraph that states the rule is very convoluted. In simplified language it states that a judge can accept:

`Any other gift, loan, bequest, or other thing of value not exceeding $150, if the source of person is not a party or other person who, directly or indirectly, has come or is likely to come before the judge, or whose interests have come or are likely to come before the judge.` 

The rule allows a lawyer or person to appear before a judge even if a partner or associate gives the judge $150 gifts (bribes). Thus, law firms commonly designate a `DE` (designated entertainer) to give judge gifts up to $150 in value. DEs do not appear in court.

To see the rule, go to a search engine like Google and enter <Minnesota Canons Judicial Conduct> Scroll to 3 (D) (5) (h) to see the language quoted above. A judge must report the gift only if it is more than $150 in amount or value.

`That is scandalous` former Governor Quie said when he learned that judges can take up to $150 gifts from lawyers, special interests, and others. It is more than that – it is outrageous. Judges know they can take $150 `gifts` – as many as they want – and keep it a secret. They are well aware of their rules of judicial conduct. Many judges accept these secret gifts. If they do not, the rule would obviously be unnecessary and could be eliminated.

Legislators, legislative employees and employees of the executive (governor`s) branch of state government cannot accept `gifts` (bribes) in any amount over $5. This is because a code of ethics exists for the legislative and executive branches of state of government. There should be such a code for the judicial branch of government but there is not.

The legislator should outlaw `gifts` by anyone to judges except from members of their immediate family as other states have done. Judges should be required to publicly disclose all gifts received from anyone other than their immediate family. `Gifts` to judges promote judicial corruption and undermine justice. 

How many judges do you think take more than $150? More than $100,000?

LETS START HERE!


Dakota County Judge David Knutson issued an order on September 7, 2012 that denies the mother of five children any contact with her children. He ordered mother to vacate her home of 15 years on the same day as the court order. Mother was able to take only a suitcase of her clothes. She was forced to leave her home and all of her possessions which she has never been able to recover. She was denied any due process. She was told she would be arrested and jailed if she refused to follow Judge Knutson’s orders.




She now is homeless, has no vehicle, no bank accounts, no credit cards, and no assets other than her clothing. She has only her job as an airline flight attendant which she has held for approx 27 years while taking leaves to care for her children. As a professional flight attendant, she is routinely tested for alcohol and substance abuse. All her independent psychological evaluations are completely normal.

Her wages are garnished 25% for payment of past marital taxes even though mother has been left destitute with prior use of MN Care Insurance and food stamps after the divorce. Her ex-husband’s income is in excess of $200,000 per month and he retains all of the marital property. There was no hearing or any finding that she ever hurt or abused any of her five children in any way.

The five children, ages 10, 11, 13, 14, and 16, were ordered to live in the custody of two aunts. The four youngest children have lived with their maternal aunt for almost six months without support from anyone. The children have not had or been allowed any contact with their mother except for one three-hour heavily supervised visit in late December, 2012. They have not had any contact with their father who has physically and sexually abused them and who hate him. In court on February 26, 2013, this aunt said she no longer is willing to provide for the children. The oldest child, a boy 16 years old, now lives in the former home of his mother with his father, who we believe a car and other expensive gifts in an attempt to buy the boy’s loyalty. The four youngest children no longer have a relationship with their oldest brother.

Why did all of this happen? In late August, 2012, Judge Knutson appointed an “expert” to make a recommendation on the parenting of the children. This expert, Dr. Paul Reitman, met with four of the children for about thirty minutes. He conducted no other evaluations, tests, or analysis. Yet, on the basis of this meeting, he issued his report that the problem was caused by the Parental Alienation Syndrome (PAS), a condition of the mother. Parental Alienation has been rejected by the American Psychiatric Association, the American Psychological Association, and the American Medical Association. They believe it to be unsubstantiated. In fact, the National Council of Juvenile and Family Court Judges (NCJFCI)  has published guidelines stating that “The theory positing the existence of ‘PAS’ has been discredited by the scientific community.”

Nevertheless, Judge Knutson appointed another expert, Dr. James Gilbertson, to attempt to re-unify the children with their abusive father. He said he would “reprogram” the children to like their father—he saw them 3 times in 6 months. This failed leading to the February 26, 2013 hearing. At this hearing, Dr. Gilbertson arranged for the children to appear before Judge Knutson in a conference room. Judge Knutson listened to the children’s short statements and told them he was going to issue orders that they had to follow. The transcript of this meeting has been ordered. The mother has requested information from Gilbertson and Reitman such as appointment dates, payment history, and other documents, but these have been denied by the practitioners saying they are protected by the judge and do not need to follow the guidelines of their respective professional organizations. Judge Knutson has not allowed the opinions of any other professionals to be heard.

The four youngest children will now be homeless. They begged to be with their mother. Their lives have been seriously disrupted. The Guardian ad Litem (GAL), Julie Friedrich, initially agreed that they belonged with their mother. Her story has now changed. She told the children that everything had been given to their father, and that their mother was homeless and without a vehicle. (The children reported this information to their mother at the late December 2012 meeting.) Ms. Friedrich also informed the children that their mother was in a mental institution, in jail, had moved to Philadelphia, PA, had been fired from her job, and that mother’s whereabouts were unknown. Julie also told the children that their mother didn’t want them and that she was gone. She informed Dr. Gilbertson that no further contact between mother and children should take place. Mother has not been allowed to schedule any further visits with her children despite numerous
attempts.

The youngest child, 10 years old, has a significant medical condition that since his birth has been attended to solely by his mother. His complex medical issues include dealing with numerous doctors, surgeries, and providing day to day care and attention. Over the last 10 years mother has been the sole provider of his care along with his pediatrician, Dr. Tim Anderson, who in a letter and in a conversation with Guardian ad Litem Julie Friedrich, stated that his mother has been the sole provider of his medical care and in the best interest of the child he should be with his mother due to her history of care and knowledge of all factors relating to him. He is placed at risk without her care.

Mother was the beneficiary of a life insurance purchased by her father, now deceased, that provided $1.3 million for mother’s use. This total amount was exhausted in the spring of 2012 when mother was ordered by Judge Knutson to pay substantial amounts for attorney’s fees and debts that became hers as a result of the original judgment and decree. She is now Pro Se, unable to afford her own attorney.

When David Rucki failed to pay the court ordered child support, the state pulled his driver’s license. Judge Knutson wrote an order to child support and the state noting that David’s license was not to be revoked now or in the future. This ruling breaks state and federal law. His passport also was removed according to state and federal law due to child support arrears, yet Judge Knutson is attempting to over-rule federal law by reinstating his passport in defiance of the Dakota County District Attorney’s affidavit telling the judge that he cannot do this as he has no authority to over-rule the US Department of State. This is clearly our of Judge Knutson’s jurisdiction, yet he has scheduled a hearing on the matter.

Judge Knutson refused to order the normal parental arrangement where one parent has primary custody and the other parent visitation. He refused to follow Minnesota laws on parenting. He refused to give mother any due process or to follow court rules of procedure. There is no penalty or consequence to him because of his violation of law and other abuses. He is not accountable to anyone. Judge Knutson is actually a member of the Board of Judicial Standards where complaints against judges are sent! He has refused to remove himself from the case, denied a change of venue, and no action has been taken against him for the clear violations he has enforced. A letter of complaint about Judge Knutson’s actions to the Board of Judicial Standards from concerned citizens in the Burnsville, Lakeville, and Eagan area had no effect whatsoever. Clearly, this needs to be changed. There needs to be legislative oversight of the judiciary.


Wednesday, August 21, 2019

Blogging is a CRIME in Dakota County - No Longer a Constitutionally Protected Right

I think it’s fairly obvious that Dakota County wants to control the narrative in this case. The only reason we were falsely convicted is that our evidence was illegally withheld and suppressed in our criminal trials. Dakota County and the appellate courts have refused to acknowledge this fact and continue to spin the narrative in their favor. They also have the advantage of the complicit mainstream media...“ ~ Dede Evavold




(Saved from the Former Red Herring Alert blog)



First Amendment Arrest

Posted on April 1, 2018 by Dede Evavold

Last week, a warrant was issued and I was falsely arrested and imprisoned  for 4 days. My crime? Blogging on this very site. I challenge readers to find another person that has actually had a warrant and been arrested at their home for blog posts.

I was also arrested on a Sunday and according to MN Rule 3.03 Execution or Service of Warrant or SummonsA warrant is executed by the defendant’s arrest. If the offense charged is a misdemeanor, the defendant must not be arrested on Sunday or, on any other day of the week, between the hours of 10:00 p.m. and 8:00 a.m. except, when exigent circumstances exist, by direction of the judge, stated on the warrant. 

What are exigent circumstances? Circumstances which require the need to engage in a search or seizure immediately due to an emergency situation where life and/or safety is at risk. Apparently this met the requirements.

Backstory: I was ordered to remove public documents and posts that were authored by myself and other writers on Red Herring Alert due to a harassment restraining order filed against me in July of 2017.

I complied with the unconstitutional purge conditions, and then received an affidavit of noncompliance with approximately 50 more posts to be removed. The deadline was 9:00 am on March 9th and at  9:09 am, I received the email with the unsigned Affidavit and Request for Arrest Warrant. This was signed by a Judge on March 14th. I filed my own Affidavit of Compliance and Motion to Vacate the Constructive Civil Contempt on March 17th.  
Excerpt Below
Respondent has complied with the purge conditions contained in the Court’s March 1, 2018 Order as well as the March 14th Affidavit of Non-Compliance, even though the validity of the original order has not been determined and the contempt was approved without specific findings of fact. 
The civil contempt no longer continues as Respondent has cleared the contempt to avoid the sanctions imposed by the court. Please vacate the arrest warrant as well as attorney fee sanctions imposed due to full compliance.”

2017 Minnesota Statutes
CHAPTER 588. CONTEMPTS OF COURT
588.12 IMPRISONMENT UNTIL PERFORMANCE.

When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it, and in such case the act shall be specified in the warrant of commitment.

I was arrested on March 18th and did not have a hearing on the matter until Wednesday, March 21st. I have had to remove 200+ posts from Red Herring Alert including other writers work without due process and a compelling government interest.




Thursday, August 15, 2019

The Gorilla in Dakota County Judicial Center: Grazzini-Rucki




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.” - Tim Kinley, Speechless Minnesota

When judges take the law into their own hands, and issue rulings based on their own will, and without legal justification, they abuse their authority and compromise the entire justice system. This we have seen happen over and over again in the family court and criminal case involving Sandra Grazzini-Rucki and co-defendant in the criminal trial, Dede Evavold.  

Respected Professor Emeritus of Law, Robert Martineau created a metaphor called “the gorilla rule” to describe situations where a court makes orders that are not based on the motion of either party but are a result of a judge doing what he wants. ** Robert J. Martineau, Considering New Issues on Appeal: The General Rule and the Gorilla Rule, 40 Vand. L. Rev. 1023 (1987) ** The “gorilla rule” holds that courts should not make such decisions, except when they do. Prof. Martineau says this is likely to happen because the 800-lb gorilla may sit wherever it wants. In plain words, the gorilla sits wherever it wants because it is both a powerful and intimidating animal. Gorillas are generally not dangerous to humans but when they do attack, it can be lethal. When a gorilla attacks, the best chances of survival are greater if you crouch down and make yourself small, passive. Just like the gorilla, the courts hold a similar power and position of authority that is just as intimidating. The courts must be careful on how they exercise their power because corruption grows when abuse is enabled or goes unchecked. 


 In yet another bizarre twist, the criminal case of Dede Evavold has recently been “reopened” in Dakota County. The re-opening of a criminal case is a rare occurrence -- even more so 3 years after conviction.

Scant details are offered on this development because the gorilla is hiding in the jungle - the public record has now been sealed on a criminal case where video coverage was once allowed, and that has been covered by media outlets nationwide. The last public record available in MNCIS is a payment made by Evavold on 8/6/2019; before that a collection notice from November 2018. In order for this case to reopened, the Dakota County Prosecutor’s Officer had to file a motion petitioning the court to reopen the criminal case. The next step would have been to hold a hearing for the court (the original judge presiding over the criminal matter, Karen Asphaug would also decide on the reopening) to review the merits of the State’s motion, and give Evavold a chance to respond. The State would have to prove their is new and compelling evidence to reopen the case, and that it is in the best interests of justice to do so. There would also have to be a statutory or legal authority to reopen the case. Once the case is reopened the original judgement would be vacated, and a new criminal trial would be granted, and result in new sentencing. It is unclear if Judge Asphaug did, in fact, vacate Evavold’s 2016 felony conviction for parental deprivation of rights, and or if a new criminal trial has been scheduled. 

Judge Karen Asphaug, Dakota County
A criminal case may be re-opened as the result of an appeal, if the court overturned a conviction, but that is not the case in this matter. A criminal case may also be re-opened if the defendant feels they have enough evidence to warrant a new trial or exonerate them of charges, also not the case in this matter. There are also statutory limits that apply to when a case may be reopened and under what circumstances. Extensive research has not come across any similar criminal case to Evavold’s, and certainly not one being reopened as a result of secret proceedings held 3 years after conviction.

Certainly this new development should be of interest to the media outlets who have covered the Grazzini-Rucki case.. this is a highly unusual legal move and sets a precedent in Dakota County that will impact criminal cases across Minnesota. This is a situation where an individual convicted of a crime, and having served time in jail and now complying with probation, is having her case reopened after 3 years…and there is no clear statute or legal authority giving the Prosecutor’s office or district court aka Judge Asphaug any authority to do so.


A defendant can’t be charged for the same crime twice. . The Constitution protects against “double jeopardy”. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . " Wex - Double Jeopardy

Additionally, Minnesota Courts must follow the Minnesota Rules of Criminal Procedure “These rules are intended to provide a just determination of criminal proceedings, and ensure a simple and fair procedure that eliminates unjustified expense and delay..” Minn. R. Crim. P. 1.02 The Prosecutor’s Office motioning the Court to re-open a case 3 years after conviction in which the defendant (Evavold) has spent significant time in jail related to charges, paid hefty financial penalties, and been subjected to conditions of probation is not only unfair but could be considered a form of malicious prosecution. -- Especially if the complaint filed by the State relates to Evavold’s activities as a blogger or whistle blower; it would suggest the State is punishing her for sharing information and views that the State does not agree with or for addressing a grievance with the government (which are both, by the way, protected forms of speech under the First Amendment).

Further, re-opening Evavold’s criminal case creates extraordinary expense (at tax payer’s cost) and delay - especially when other legal remedies are available to solve the issue. Re-opening Evavold’s case also does not serve “the interests of justice” because she has complied with her sentence, and is serving the conditions given to her. This creates an additional penalty against Evavold, which is double jeopardy.

HOW can Dakota County get away with this? Answer, except when they do: the judges in the Evavold criminal case are acting as the gorilla in the courtroom!

Judges Involved the Evavold Criminal Case:

- Karen Asphaug
-David L. Knutson
-Philip Kanning
- Kathleen Gearin
-Minnesota Court of Appeals

More Info:

 Evavold Released

 Battle Over Blogger’s Freedom of Speech Continues: Emergency Hearing Feb 27th on Evavold HRO

 Lion News: Poor Dede Reports Corrupt Dakota Co. Attorney Backstrom's Trial-By-Ambush To FBI?

David Rucki's Assault on the 1st Amendment

Background: 

 

Dede Evavold was convicted in September 2016 of six felony counts of deprivation of custody after assisting two runaway teen sisters, Samantha and Gianna Rucki, find shelter on a therapeutic horse ranch where they remained in hiding for two years. The sisters ran away amid divorce proceedings involving their mother, Sandra Grazzini-Rucki and their father, David Rucki. Sandra is a friend of Dede Evavold. As a result of Sandra’s experience with family court, both have worked to raise awareness of failures in the family court system and been a public voice for reform, and better protection for victims of domestic violence and their children. 

 

The Dakota County family court, presided by Judge David Knutson, got involved in the case when divorce proceedings were initiated in 2006. Sandra fought to keep her children safe from domestic abuse experienced during her 20 year marriage to Rucki. But instead of protecting the children, the family court and it’s professionals sought to “de-program” the children and reunite them with their allegedly abusive father. Samantha and Gianna Rucki told professionals in the family court system about the abuse, including Guardian ad Litem Julie Friedrich who was appointed to represent their best interests, but were ignored. Court records indicate Judge Knutson, GAL Julie Friedrich, and the court appointed therapists Dr. Paul Reitman and Dr. James Gilbertson were all aware that the children raised allegations of physical, mental and sexual abuse when making a recommendation for “de-programming” and “reunification” for all five Rucki children. De-programming is a controversial therapy that involves erasing or altering specific memories so children can be “programmed”; in this case the children would be coached to recant abuse allegations and programmed to accept their father. 

Dakota County Judge David Knutson

 Before running away, Samantha Rucki created an audio testimony where she recalled incidents of abuse, raised concern with how she was treated by the court and it’s therapists, and stated that she did not need to be de-programmed. Fearing for their safety, Samantha and Gianna ran away in April 2013, on the day the court awarded temporary custody to a paternal aunt with the intention of this being a step closer to father gaining custody. Rucki denies all abuse allegations and claims Sandra is just a vengeful ex who is making up these allegations.


In November 2015, Samantha and Gianna were discovered living on a therapeutic horse ranch; when police arrived both girls again spoke up about their father’s abuse and threatened to run away again if returned to his care. Does Police Report Found Exonerate Sandra Grazzini-Rucki?

The sisters were also able to gain an attorney to voice their wishes in the upcoming Children in Need of Protective Services (CHIPS) hearing. Despite their efforts, and even with a Dakota County social worker testifying that she believed the abuse did occur, Rucki was given custody of S & G. Social Worker Recommends Protective Care

Both girls were shipped out of state to reunification therapy, a rural location in the mountains was chosen so if they attempted to run, they would not be able to get far. The Rucki children would never again see their mother. 

Criminal charges were filed against both mother, Sandra and Dede. In July 2016, Sandra was convicted of six counts of felony deprivation; she executed her sentence and has lawfully served all of her time. Dede was convicted in September 2016 and is currently on probation.

Evavold has maintained a blog called “Red Herring Alert” that reported on current events, politics and covered her experiences in the legal system. As a result of reporting, David Rucki (through his attorney Lisa Elliott) claimed that Evavold was “harassing him” and successfully filed motions in Dakota County that resulted in the blog being removed from the internet.

Rucki is also filing civil lawsuits, seeking millions of dollars, for the pain and suffering he claims he experienced when deprived of S & G. The lawsuits have been filed against Sandra, Dede, the couple that cared for the girls on the therapeutic ranch (Doug and Gina Dahlen) and filed against the pastor of the church attended by the Dahlens.

This case is far from over…


The Best Interest of the Abuser: GAL Julie Friedrich

(Dakota County, Minn: 9/05/2012) A deeper look into Dakota County Guardian ad Litem (GAL), Julie Friedrich, and her recommendation to re...