For Not Removing Blog Posts: Dede Evavold Held Without Bond

CC0 Creative Commons – Pixabay.com

Battle Over Free Speech Sends Blogger to Jail.. Dede Evavold dragged from her home in handcuffs, arrested and held without bail after a judge signs as a warrant for her arrest – her crime: posts about the Grazzini-Rucki case published on the “Red Herring Alert” blog were deemed to be “harassment”.

Evavold was previously ordered to remove the posts in question, which she did, and then was arrested after compliance with the court order.

It should be noted that the Grazzini-Rucki case has been publicly reported on for over 5 years, and gained national attention after being featured on ABC 20/20. The posts in question on “Red Herring Alert” included news about the case, and documents related to court involvement, allegations of abuse, and included statements/stories from people involved in the case. How this publicly available information constitutes “harassment” has not been explained.

The implications of Evavold’s case are far reaching… Dakota County is setting precedence to criminalize freedom of speech; meaning the court has established grounds to jail anyone for blogging, reposting articles or web links, and social media posts.

“To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.

~ Frederick Douglass

Dede Evavold is in jail, held without bond: her crime, not removing blogs fast enough for a court.

This blatant violation of Evavold’s first amendment rights appears to be just fine with all involved: the sheriff, the judge and the media which have been covering the Rucki story.

The whole bizarre scenario started with David Rucki’s attorney, Lisa Elliott, filed an emergency motion on February 12, 2018.

“Ordering Respondent to immediately remove the entire post titled ‘Beaten Before Born: Sandra Grazzini-Rucki Assaulted While Pregnant – Rucki Wanted to Kill Baby Because ‘Wasn’t Perfect.’, dated December 18, 2017, from the Red Herring Alert Blog and /or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue § 609.748, Sub.1a;” The motion stated.
Remarkably, the original blog in question was re-printed from another blog; the story originated on Justice for Grazzini-Rucki children, where it remains today.

The motion was still quickly granted and Evavold was ordered to remove the blog post immediately.

The motion was granted even though Rucki has had glowing coverage from local media and national media like 20/20 and it’s not clear how a blog would “harass” him as he alleged.

An email to his attorney, Lisa Elliott, was left unreturned.

That order turned into an order to remove nearly ten blog posts and then dozens. When Evavold did not comply with the most recent order to remove dozens of blog posts, a warrant was issued for her arrest.

The arrest warrant was initiated by Elliott who filed an affidavit in early March 2018: “Respondent has failed to comply with this Court’s March 1, 2018 Order. THEREFORE, IT IS HEREBY ORDERED: That the Dakota County Sheriff’s Department shall issue an arrest warrant immediately for the detention of the Respondent, Deirdre Elise Evavold, as outlined in its March 1, 2018 Order.”

Her request was quickly granted by a retired judge from Ramsey County, Kathleen Gearin, and an arrest warrant was issued on March 14, 2018; but Evavold, while free, said she was out of the state on a preplanned trip at the time the warrant was issued.

According to her neighbor, Evavold was picked up by a Stearns County Sheriff- Evavold lives in Stearns County- on Sunday March 18, 2018.

The Stearns County Sheriff, Don Gudmundson, said any potential violations of the 1st amendment must be taken up with the judge: “Mrs. Evavold can take those issues up with the Judge.  My lawful duty is in Court File 19AV-CV-17-1950 and Write of Attachment 19AV-CV-17-1950-1 which states ‘Hold Without Bond.’”

According to Minnesota statute, her violation- contempt of court- is punishable by a maximum of $250 fine and six months in jail, but as Sheriff Gudmundson stated, she is still being held without bond per the order of the judge.

Judge Gearin is retired and could not be reached; staff at Ramsey County Court and Dakota County Court- from where the warrant was issued- did not respond to messages to explain what appears to be a blatant violation of Evavold’s 1st amendment rights.

Staff at Dakota County did say that retired judges are brought in when there is a shortage of judges, and this would be the reason Judge Gearin presided over parts of this case.

Evavold’s neighbor, Angela Young, said that Evavold was arrested even though she handed the sheriffs her own affidavit of compliance with the order.

A subsequent email to the public affairs department at the Minnesota Courts was also left unreturned.

Remarkably, Michael Brodkorb, who runs Missing in Minnesota, accompanied the sheriffs as they arrested Evavold.

Sheriff Gudmundson did not respond as to how Brodkorb would know to be there for the arrest; Brodkorb has blocked my email and did not respond.

When the Rucki girls were found in November 2015, Brodkorb also accompanied police on that trip, even though the police were supposed to be executing a sealed warrant.

Evavold was convicted along with Sandra Grazzini-Rucki of helping hide Grazzini-Rucki’s daughters when they ran away from home in April 2015, after a court forced them to live with their father, despite insisting to the court that he abused them and their siblings.

Michael Volpe Reveals: Rucki Hires High Buck Attorneys in Lawsuit To Say He is Not Dangerous or Abusive

David Rucki

Michael Volpe reveals another twist to the Grazzini-Rucki case in his latest article: David Rucki Claims Pastor and It’s Church Helped Hide His Daughters

David Rucki filed a lawsuit seeking $250,000 in damages against several people and entities including a church and it’s pastor, and even the pastor’s wife, (as the lawsuit states) for making false claims that he is dangerous, when he is not, and encouraging his daughters to “leave their home”.

Rucki may spend nearly that amount on attorney’s fees alone – high buck Marshall Tanick and Lisa Elliott have been retained to represent Rucki in this lawsuit; the estimated costs of their services exceeds $1,000 per hour. It has not been explained how Rucki can afford legal representation from two attorneys, considering he claims that he is impoverished and is receives welfare.

From Volpe,“Even more shockingly, Rucki continues to qualify for public assistance while being able to hire two attorneys simultaneously.

David Rucki, who received 100% of the marital assets including four homes, nine cars, and a multi-million-dollar business along with sole custody of their five children, still qualified for public assistance through this very program.

‘The Father receives child support services from Dakota County for the joint children pursuant to the Title IV D of the Social Security Act,” said Judge Maria Pastoor in 2016, using this assistance as justification for ordering Sandra Grazzini-Rucki to pay $975 per month in child support…'”

Volpe’s investigation of the case has revealed that,”..there is overwhelming evidence that almost anyone is in danger being in David Rucki’s presence.. And includes details of Rucki’s long history of violent, and criminal behavior, including,”Ten different people- his ex-wife, five children, two neighbors, in-law, and mailman- all previously successfully took out a restraining order against him.. If this lawsuit goes forward, more information concerning Rucki’s propensity towards violence, and the abuse of his family, are expected to emerge.

Rucki claims the defendants, which include, Dede Evavold and ex-wife Sandra Grazzini-Rucki, compelled then teenage daughters S.R. and G.R. to “leave their home” and stay on a ranch for abused children by using “false statements” and “false threats” that their father, Rucki, is violent and would hurt them.

According to Volpe,“Plaintiffs Gianna and Samantha were compelled by Defendant Grazzini-Rucki to leave their home from the care of their paternal aunt and to go with Grazzini-Rucki to St. Cloud Sauk Center and White Horse Ranch based on false statements and false threats that they would be subjected to harm by Plaintiff Rucki if they did not do so.” The lawsuit further states.

The lawsuit does not explain why this random church, its pastor and wife would go along with this scheme if indeed the girls were being manipulated into staying there by false threats…”

Both S.R. and G.R. stated the reason they ran away because the family court failed to keep them safe from their abusive father, Rucki, and they felt endangered in the current custody arrangement. Statements made by S.R. and G.R. have been consistent, and have not changed, until Rucki sent them out of state, under the watch of a guard, for “reunification therapy”. S.R. later admitted during a police interview that Rucki “pressured” and “guilted” her into recanting abuse allegations.

The lawsuit filed by Rucki states the defendants failed to notify authorities that S.R. and G.R. were staying on the ranch in violation of a court order.  Sandra Grazzini-Rucki and co-defendants Dede Evavold as well as Doug and Gina Dahlen have all been charged with felony deprivation of parental rights, and convicted, for their role in assisting the girls.

The church, and it’s pastor, named in this lawsuit have never been implicated nor charged in connection with the disappearance of S.R. and G.R., who ran away in April 2013 and stayed on the Dahlen’s ranch until November 2015.

Another woman who assisted the runaway Rucki teens, Lori Musolf, has avoided criminal charges entirely. Musolf had extensive conversations with the runaway Rucki sisters in the days after their disappearance. Musolf also arranged the interview, and acted as a go between, for the Rucki sisters to appear on Fox 9 with Trish van Pilsum. She also failed to notify authorities. Will Rucki name Musolf in the lawsuit and seek damages against her???

Stay tuned for developments…

Read More:

Explosive Rucki police interview adds new wrinkle to story

Multiple Witness Reports: Rucki Sisters Fearful of Father, Felt Safe at Ranch

Why Hasn’t Lori Musolf Been Charged for her Role in Assisting Runaway Rucki Sisters?

 

(Repost) Inverting Reality – Red Herring Alert

Inverting Reality – “Red Herring Alert”

Who is Michael Bernard Brodkorb?

From Wikipedia, the free encyclopedia with additions from Red Herring AlertRepublican Party of Minnesota - Wikipedia
Michael Brodkorb is (WAS)Minnesota Republican activist, a former deputy chair of the Republican Party of Minnesota, former communications director for the Republican caucus in the Minnesota Senate, under Senator Minority Leader David Senjem and later to Amy Koch when she was the majority leader of the state senate, and the creator of the blog Minnesota Democrats Exposed In his role as an aide to Senjem and Koch, he is credited with helping to engineer the Republican takeover of the state senate in 2010. He and Koch were described as “the two most powerful people in the Minnesota Senate.” 

Image result for mike parry mn senate picture

Mike Parry leg.state.mn.us

Brodkorb served as deputy chair of the Minnesota Republican Party from 2009 to 2011, when he resigned to work for the congressional campaign of Minnesota state senator Mike Parry. Brodkorb abruptly resigned both from his position in the Senate and his position with the Parry campaign in December 2011.

Weeks later, Koch resigned her post as Majority Leader after admitting an “inappropriate relationship” with a male staffer. Brodkorb was fired the next day. MINNESOTA DEMAGOGUES EXPOSED: SENIOR GOP STRATEGIST AND SENATOR COMMIT ADULTERY?

Michael Brodkorb domestic dispute: Wife called 911 because “the level of anger in Michael’s voice scared both her and their three children.

The fall of Michael Brodkorb

Amy Koch Affair: Michael Brodkorb, Fired Minnesota GOP Staffer, Threatens To Expose More Affairs

Image result for Cal Ludeman

Cal Ludeman MN Legislative Reference Library

Brodkorb announced his intention to file litigation against the State of Minnesota, the Minnesota Senate and Secretary of the Senate Cal Ludeman over his termination from the Minnesota Senate. Lawyers representing Brodkorb have announced additional claims against the State of Minnesota, the Minnesota Senate and Ludeman over allegations that Ludeman disclosed private unemployment data about Brodkorb in an interview with Minnesota Public Radio. Brodkorb’s attorneys also announced plans to sue for defamation per se over statements Ludeman made in a press release where he accused Brodkorb of attempting to “extort payment from the Senate.”

On May 25, 2012, the Minnesota Senate released legal bills showing they had spent $46,150 to the first 3 months of 2012 to prepare a defense to Brodkorb’s suit. An analysis of the bill by the Associated Press showed the bulk of the $46,150 owed was due to attorneys retained by the Minnesota Senate repeatedly meeting with Ludeman.

On June 19, 2012, the Minnesota Senate announced additional legal bills in the amount of $38,533, bringing the total legal costs incurred by the Minnesota Senate due to the termination of Brodkorb to almost $85,000 since the end of the May 2012. (Click to view)→ Brodkorb, Minn. Senate settle lawsuit for $30,000

Fired Senate staffer Michael Brodkorb tells of ‘palace coup’                                         Gallery For > Dui Logo

On January 23, 2013, Brodkorb was injured in a single-car crash on Interstate 35E when his vehicle hit a concrete wall. He pleaded guilty to driving while intoxicated and was ordered to pay a $500 fine.(Click to view) → Brodkorb DUI   

Michael Brodkorb talks scandal, lawsuit, and new leases on life: The City Pages interview

term photo

Amy Koch MN Legislative Reference Library

Amy Koch, former state Senate leader, breaks silence about her downfall

The Return of Amy Koch?

Michael Brodkorb says he was victim of a plot against Sen. Amy Koch. I get it, I was Michelle MacDonald’s campaign manager when she ran for MN Supreme Court in 2014 and learned the dirty world of politics in a baptism by fire! One would think however, that you wouldn’t pull the same dirty tricks on other victims of the establishment but I guess when you’ve sold your soul, compassion isn’t very high on the list.

For those of you that aren’t regular readers, let me explain Michael Brodkorb’s role in my Case No.19HA-CR-15-4227 which resulted in 6 felony convictions for one alleged “crime” of parental deprivation. (Not kidnapping or abduction which is what the media would have you believe).

Also, there is an affirmative defense for parental deprivation, but when evidence is withheld and suppressed, the defense is useless.   609.26 DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS
Subd. 2. Defenses. It is an affirmative defense if a person charged under subdivision 1 proves that: (1) the person reasonably believed the action taken was necessary to protect the child from physical or sexual assault or substantial emotional harm.

Michael Brodkorb was a blogger for the Star Tribune from April 2014 through May 2016. He flipped from a republican to a democratic mouthpiece for the fake “less liberal” Star Tribune. Brodkorb became obsessed with demonizing and discrediting Michelle MacDonald when she ran for Supreme Court in 2014 against incumbent David Lillehaug (appointed by Governor Dayton). She won the Republican Party’s endorsement but narrowly lost to Lillehaug. The Star Tribune reported that her selection became an embarrassment when MacDonald’s contentious 2013 arrest on suspicion of drunken driving came to light. Never mind the forensic facts of the case:

Today, people are having to spend so muc by Michael Hudson @ Like Success

Michelle MacDonald

Michelle’s case was a traffic stop, and more accurately an unlawful pullover.  Michelle did not have any alcohol on the night she was stopped without probable cause.

  1. After dialogue with the officer about the reason for the stop, she was not asked to take a Breathalyzer or perform a field sobriety test.
  2. She asked to see a judge pursuant to Minnesota Statute 169.91 because it was obvious this officer was using questionable measures to fill his quota and was clearly abusing his power and authority. Any citizen can invoke this statute however, as can be seen from this incident, the system does not take kindly to exposing those who are not playing by the rules.
  3. Michelle was held and released from the Rosemount Police Station with NO CHARGES filed against her.
  4. On her own initiative, she went directly to a hospital for a drug and alcohol blood test to put to rest any questions about this incident. The tests came back zero alcohol and zero drugs. 
  5. Michelle filed an employee complaint against the Police Officer who unlawfully pulled her over.
  6. In response, she received a Citation in the mail with five criminal charges against her including charges for driving under the influence.
The Result: Jury convicts Michelle MacDonald of test refusal and resisting arrest.

MacDonald also filed a complaint against the GOP and several party leaders. She alleges the party threatened her and spread false information about her campaign in an effort to get her to exit the race. She said the party was in violation of the Fair Campaign Practices Act. Shocker, the complaint was dismissed by a judge with the Office of Administrative Hearings.

Oh, and by the way, Attorney Michelle MacDonald filed a federal civil rights lawsuit against Judge David Knutson in Dakota County, That was shortly before the media suddenly took an interest in the case I was involved in and after she applied for an opening in the MN Supreme Court. MacDonald was the pro bono attorney for the mother in the companion case and filed the suit on her behalf. Judges however, have unlimited immunity from civil prosecution and the case was dismissed. MacDonald was also arrested during the custody trial that was presided over by Judge Knutson for taking a picture during a break. The unyielding attacks against MacDonald continue to this day.

Michael Brodkorb became the main “reporter” in our cases after we were charged and thus began the relentless harassment and stalking in the name of “journalism”.

In September 2015, Michael Brodkorb surreptitiously recorded a conversation he had with me as a Star Tribune reporter and had it turned over to the Lakeville PD. This was prior to my charges in November 2015.

 Excerpt from Evavold Audio

Police Logo

Michael Brodkorb: No, let me just say. I knew David Knutson when he was a state senator, the last time I saw Knutson was, I think in 2007 when Pawlenty was inaugurated for his second term. So that’s the last time I’ve ever seen him that I remember. I have tried repeatedly to interview him, to speak with him, about this case. The person that I’ve probably tried to interview the most, has been David Knutson and anyone affiliated with the court system. I’ve gone down to the court, I’ve called him and I’ve done everything I could to try to get him to speak on the record. I’ve spoken with his clerk and I’ve spoken with everyone that I could possibly think of to try to get him to speak. There is no way and I believe this, if someone reviews the matters involved in this case and doesn’t immediately come to the conclusion that there are problems in the family court system, they are purposely trying for there not to be a problem with the court system, because a blind person could see that.

(I know you’re reading this Mr. Brodkorb so, I think you may want to reconsider your pervasive defamatory posts you are writing about me and refer back to 34′:50″ into the audio that was provided to Lakeville PD).

Image Courtesy of Sira Anamwong freedigitalphotos.net

At any rate, it’s around that time that Brodkorb became a pen for hire to harass and intimidate witnesses, interfere with the legal process and lie with impunity during our trials. Michael Brodkorb currently has a blog that is now entirely dedicated to demonizing and discrediting me to change the narrative in this case and shift the focus away from the true facts. He also added Allison Mann as a contributing author. Who is Allison Mann? Mann is a paralegal with Elliott Law Office and lives in Lakeville, Minnesota. Elliott Law Offices provides legal services to the father involved in this case, but Brodkorb states. “Elliott Law Office is not affiliated with Missing in Minnesota.” Okay, and I’ve got prime swampland to sell you! Also, Allison Mann has been the photographer of the numerous photos taken prior to my false court hearings on my false charges.

For those of you that are new to this site, I was served with a harassment restraining order (HRO), 3 charges for violating the order and a probation violation for allegedly “referencing the family” involved in my case. Protecting reputation is not a government interest and preventing blogging is not a government interest. Suppressing speech rarely is justified by an interest in deterring criminal conduct, and in any event the justification “must be far stronger than mere speculation about serious harms” and supported by “empirical evidence” Barnicki v. Vopper, 532 U.S. 514. 530-32, 121 S.Ct 1753, 1763-64, 149 L Ed 2d 787 (2001) (citing U.S. v. Treasury Employees, 513 U.S. 454, 475 (1995))

The malicious HRO is legally meritless and in actuality, a false police report was filed against me. §609.505 Falsely reporting a Crime Subdivision 1. False reporting. Whoever informs a law enforcement officer that a crime has been committed or otherwise provides information to an on-duty peace officer, knowing that the person is a peace officer, regarding the conduct of others, knowing that it is false and intending that the officer shall act in reliance upon it, is guilty of a misdemeanor. A person who is convicted a second or subsequent time under this section is guilty of a gross misdemeanor. When you’re above the law however, it just doesn’t matter!

False claims of an immediate and present danger were also made to obtain an ex-parte HRO..Clearly, this is just a retaliatory SLAPP suit in disguise of false criminal conduct with the intent to intimidate, censor, disparage, burden, and punish me for exercising my free speech right to discuss my case and defend myself against the slanderous information being written about me.  I get that the overall goal is to silence any further public debate about the corruption that took place in my false criminal case as well as the false companion criminal cases.

As I’ve posted before, SLAPP stands for “Strategic Lawsuit Against Public Participation.” It refers to a lawsuit filed in retaliation for speaking out on a public issue or controversy. You might be “SLAPPed” for actions such as posting a blog entry, posting a comment on another person’s blog, writing a letter to the editor of a newspaper, testifying before the legislature, reporting official misconduct, or circulating a petition. Often, SLAPPs are brought by corporations, developers, or government officials against individuals or community organizations that oppose their actions.

What’s amazing is that Michael Brodkotb was served with a restraining order by a co-defendant during these trials due to real repeated, unwanted and intrusive stalking behaviors (i.e. following and laying in wait to take photos, posting information and spreading false information on the internet to incite others against her).

This is a comment submitted by Pat Terry on MinnPost regarding the HRO against Brodkorb:  “Until there has been a full contested hearing on the matter, this is a non-story and to suggest that Brodkorb’s actions were somehow inappropriate based on an ex-parte hearing involving someone who is quite literally a court-certified liar through her felony conviction, is really unfair.”

The HRO was dismissed but Brodkorb makes the statement, “The chilling effect is that if someone doesn’t like coverage,” he said, “they could go to a courthouse and file what I believe to be a fraudulent document with fictitious information to game the system.”Protective Orders | Restraining Orders | Present Danger of Abuse or Harassment

“I can’t police the Internet. I’m not responsible for what – how people react rawly and aggressively to someone who has been convicted of six counts of deprivation of parental rights. And I’m very responsible in what I write in my content that I’ve written. Sandra has attempted to hold me accountable for other type of activity that appears on the Internet that I that I have no responsibility to police or address. I have a responsibility to watch what I say and how I communicate. But, and make sure it is done in an truthful honest way. And I’ve done so in the entirety in this case. … It’s a classic case of someone crying “Wolf!” Of Chicken Little the sky is falling. And eventually what she becomes is not a responsible and credible critic. Or someone who can be trusted to accurately document what’s going on. … Over the course of my reporting, have people said “I don’t want to comment.”? Sure. I don’t want to comment. And I move on to the next thing. … All for someone who just wrote the stories and approached it from an investigative stand point. … There are precious resources for the court. And we just can’t be wasting their time and money.” AM950RADIO @AM950 Radio [PODCAST]@MattMcNeilShow – Sep 16

We can however keep the taxpayers on the hook by wasting the precious court resources for a personal vendetta against me but I forgot. . . I’m not given special treatment – only special punishments!

A court also dismissed a libel suit against Brodkorb and his blog in 2007 in a case that was described as “breaking new legal ground in the world of blogging”.

Judge tosses libel suit against conservative Minnesota blogger

A judge threw out a libel suit this week against one of Minnesota’s most popular conservative bloggers, issuing a ruling that put the political Web site on the same legal ground as newspapers and broadcast news outlets.

Michael Brodkorb, a political operative behind minnesotademocratsexposed.com, expressed relief at the dismissal.

“I think this goes back to what I said from the beginning, that this was a frivolous lawsuit and the court agreed with me,” he said. “I’m glad that it’s over.”

Below are some of the defamatory posts that Michael Brodkorb and Allison Mann have put on their blog: This really is psychological projection at its finest!

If that were true Brodkorb, don’t you think I would have been charged with assaulting a police officer? Interesting that there isn’t any audio or video of my home invasion by the Lakeville PD! What really happened? Inquiring minds want to know don’t they?

Michael Brodkorb is nothing but a political operative consciously discrediting, demonizing, and distorting the good guys for his own financial gain. Again, the real goal is to use the minions and legal system to continue to stalk, harass and intimidate me by dragging me to court, wasting my time on frivolous and false accusations and damaging my reputation. Nothing lasts forever though and all will be revealed whether or not I’m silenced.
Just how far will Dakota County go to silence me? Only time will tell, but if you want to know how over the top the persecution is, take a look at the judges and attorneys involved in attempting to stop any true reporting on this case.

Any questions?