Judge Karen Asphaug “Encouraged Lawlessness” Sandra Grazzini-Rucki Turns Herself in After Warrant Issued

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November 2, 2016, Washington County, Minnesota:

Dakota County issued an arrest warrant against Sandra Grazzini-Rucki, in connection with an alleged probation violation for failing to maintain contact with the probation officer. Sandra voluntarily turned herself in tonight after discovering a warrant had been issued, and is now in custody.

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These sad events happened on the birthday of Sandra’s daughter, a subject of this criminal case who ran away in April 2013 from an unsafe home. The daughter has been unable to see or contact her mother in any way. – A mother who once was her primary caregiver, and whom she wanted to live with before the Courts condemned her to live with an abuser. The daughter wrote a letter stating the reason why she ran away, that included, “We fought back, begging them not to put us in the care of Tammy that we were afraid for our lives, and told them that Tammy and my father had abused us. But they didn’t care.” Another of the Rucki children also reported that Tammy abused her to the Lakeville police, who failed to make a mandatory report. Judge Karen Asphaug, and ADA Kathryn Keena are now claiming Tammy Love and David Rucki are “victims” to the detriment of the children – who are the REAL victims in this case.

The outrageous legal antics of Judge Karen Asphaug instigated these recent developments, in what can only be described as a circus – a waste of precious law enforcement resources, at tremendous expense to the tax payers of Dakota County. Many in the judicial system outside of Dakota County have expressed shock at how the Grazzini-Rucki case has been mishandled, and expressed concern over the amount of power a judge can exert over people’s lives, and how easily that power can be abused.

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Dakota County Circus

Under Minnesota law, the maximum time allowed under sentencing guidelines for felony deprivation of parental rights is up to 1 year and 1 day in prison. Sandra stepped forward, asked to finish her sentence in prison, and complete her sentence so she can then return to her home, out of state. All avenues kids to see or maintain contact with her children have been blocked, so that is not an option for Sandra.

Supporters of David Rucki demanded that Sandra be sent to prison, multiple comments posted online demanded prison. However, during sentencing, Judge Karen Asphaug issued an unusual sentence that involves a lengthy probation period of 6 years with yearly stints in jail, in addition a yearly requirement of sentence to serve, excessive monetary fines, compliance with all 3,400 family court orders issued by Judge David L Knutson and additional conditions that are impossible to afford financially or not humanly possible to comply with.  Judge Asphaug implemented this unusual sentencing after ADA Kathryn Keena asked for an aggravated sentence but was not allowed to inflict a harsher sentence, than the law allowed, because the nature of the crime did not meet guidelines. Sandra immediately asked to execute her sentence, as this was the only feasible option, and later was given a hearing.

Assistant Dakota County Attorney, Kathryn Keena

Assistant Dakota County Attorney, Kathryn Keena

The cost to tax payers to for the cost to jail Sandra, and enforce a lengthy probation is astronomical. According to a recent study, “...The average annual income of every Minnesota resident is roughly equal to the average annual cost per inmate in our prison system.”  Average Annual Cost of Minnesota Prisons: $41,364 Per Inmate in 2010 by Jay Carey

The expenses incurred on Sandra alone could easily double that figure, and would be better spent elsewhere in the criminal justice system. Sandra Grazzini-Rucki poses no danger to society, and is willing to do her time in prison and complete her sentence. The only obstacle to a resolution in this case is Judge Asphaug, who insists on a punishment that is both cruel and unusual.

If Sandra were to be jailed in the Ramsey County Workhouse, the cost is paid for by the tax payers of Dakota County. The cost to house an inmate in the Workhouse is an estimated $70 per day, already Sandra has served 170 days there – so far Dakota County spent close to $12,000 to incarcerate her. If Judge Karen Asphaug sends Sandra back to the Workhouse she could waste up to $17,000+ of Dakota County tax payer’s money. However, if Sandra were allowed to execute,and were sent to prison the cost wound be reimbursed through federal funding, and the case would be quickly resolved. All of these extraordinary measures are directed toward a non-violent offender who poses no risk to the community. Sandra’s only “crime” is protecting her children from abuse after multiple levels of the system (family court, police, court ordered therapy, CPS, juvenile court/CHIPS petition etc.) ignored the Rucki children’s cries for help.

The family court system, led by Judge Knutson, used force and intimidation to order the Rucki children into the custody of the abusive father, who they feared.  The abuse that happened is effectively being covered up. 

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Sandra’s former criminal attorney, Stephen Grigsby, previously argued for an executed sentence during the September 21st hearing– meaning Sandra would serve her entire sentence in jail. Grigsby stated to the court, that refusing her this right would “encourage lawlessness” and “dare” Sandra to violate probation.

The defendant in the above-entitled matter hereby moves the Court to execute her sentence.

ARGUMENT

Not withstanding the provisions of 609.135, subd. 7, which purports to deny the defendant the right to execute a sentence, the right inheres in the basic ability of a defendant to demand, either by a formal demand or a deliberate violation of probation.

The latter (violation of probation) encourages lawlessness and wastes time and resources.

Eventually a probationer can assure the execution of a sentence by refusing to comply with probation and it therefore makes no sense to dare her to do so when there is a desire to refuse to comply with probation and serve her executed sentence.”

Attorney Stephen Grigsby, Motion to Execute (Sandra Grazzini-Rucki), 9/21/2016

During the hearing, Judge Asphaug waltzed into court, waving a paper to show that she had found a case that would justify her reasons to refuse prison. She promptly imposed probation on Sandra.The case cited did not match any of the circumstances in the Grazzini-Rucki criminal trial. Judge Asphaug then denied the motion to execute her sentence. Grigsby responded, “This was really an irrational act by the court.”

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Judge Karen Asphaug

If Sandra had been allowed to execute her sentence, she would serve up to 8 months in prison, and then be released having completed her sentence. Isn’t that the purpose of the criminal justice system? Have a defendant serve their time, and return to society as a law abiding citizen? What Judge Asphaug is doing is NOT promoting justice.

After sentencing, Sandra was immediately taken into custody, and served an additional 34 days in the Workhouse then was released into probation on October 24th. Allegations of a probation violation followed soon after.

Sandra’s criminal conviction resulted after Sandra courageously fought to protect her children from abuse. When the courts, CPS, and police failed to protect them, two of the oldest Rucki girls ran away. Sandra’s role in assisting her teen daughters is not an act of a criminal – but is the actions of a mother who “reasonably believed the action taken was necessary to protect the person taking the action from physical or sexual assault” and raised this affirmative defense during her criminal trial. Minn. Statute 609.26 – Includes Affirmative Defense Judge Asphaug suppressed 75% of defense evidence, blocking Sandra from presenting the affirmative defense to the jury, that would prove abuse did occur.

Sandra Grazzini-Rucki is not a hardened criminal, not a danger to society or to anyone else. Just the opposite – Sandra is a loving mother of 5 children, was an active volunteer at school events and PTA, was an enthusiastic community volunteer (working on projects throughout the state of Minnesota) who was always willing to help others with a generous and sincere heart, former Mrs. Lakeville and a respected flight attendant of 30+ years with a spotless record.

Sandra’s life has been completely destroyed after seeking a divorce from a wealthy, well-connected abuser, David Rucki, who has misused the court system to further abuse her, and exact revenge. Everything Sandra loved, everything that was important to her life, has been brutally taken from her – her children, her extended family, her home, all of her belongings (even her clothing and toiletries taken by court order), her financial stability, her career – and now her freedom. This all started with a divorce, in which a victim of domestic violence asked for protection for herself and her children but instead was re-abused by the system that favored, and enabled the perpetrator, who continues to abuse through the legal system. 

Sandra, is well-loved and respected in the community, she does not deserve the harsh punishment meted out by Judge Asphaug and Dakota County. Sandra is not a criminal. She an abuse survivor who was pushed into making a heart-breaking decision after the court system and legal system failed to protect her children…the system continues to fail the Grazzini-Rucki family today.

 

Also Read:

Sandra Grazzini-Rucki is sentenced in domestic case by Michael Volpe

Sandra Grazzini-Rucki Sentenced After Judge Asphaug Disallows Nearly All of Defense Evidence

Minnesota mom chooses prison for hiding 2 teen daughters

Keena Drops Aggravated Sentence Against Sandra Grazzini-Rucki

 

 

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