Epic Free Speech Case in MN: Commentary on Dede Evavold Case

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..

 

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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.

Red Herring Alert Update: MA’AM, YOU’RE GOING TO HAVE TO SHUT YOUR PIE HOLE!

Source: Twitter

Excerpt from Michael Brodwhore’s Missing in Minnesota:

Lisa Elliott, who serves as the attorney for the Rucki family, filed an emergency motion with the court yesterday which included over 200 pages of exhibits documenting Evavold’s repeated violations of an Harassment Restraining Order (HRO) granted by a court in Dakota County in July 2017.

Late yesterday afternoon, the court granted Elliott’s request for an emergency hearing and scheduled the hearing for February 27, at Dakota County Western Service Center in Apple Valley, Minnesota.

David Rucki is going to have to get legislation to become a protected class that qualifies for special protection by a law. You know, all people are equal, but some are more equal than others.

All he has to do to gain an advantage over someone and throw them under the legal bus is make claims of “Ruckiism”. Oh, I guess he already has that advantage!

Next hearing scheduled for February 27th.

 

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

Dakota County Western Service Center Where Emergency Hearing Will Be Held (Source: Red Herring Alert)

A HRO was filed against Dede Evavold alleging that posts on the blog “Red Herring Alert” discussing the Grazzini-Rucki case constitute harassment. The case has been ongoing for nearly a year.

There has been no direct evidence to support that Evavold has authored the posts that are the subject of the HRO.

Evidence Evavold obtained in discovery confirm this:

7/19/2017, Gilbertsen, John P: “I was able to locate a speicif article reference by the victim (David Rucki) and it did contain information and commentary on the victim(s), much what was negative and sensationalistic in nature. However, I was unable to determine who in fact runs the blog, as the postings are under Aliases which do not clearly identify the person posting…

And,“When I reported back to Supervisor Griffin I indicated I did not feel there was information that we could glean that make it clear Ms. Evavold is the writer or runs the blog..” Dakota County ADMITS Charging Evavold with Probation Violation Despite No Proof of Wrongdoing

Background info on the HRO filed against Dede Evavold: First Amendment Court Case #19AV-CR-17-16709

An Update from Dede Evavold on what she calls the “fraudulent HRO” filed against her: MA’AM, YOU’RE GOING TO HAVE TO SHUT YOUR PIE HOLE!

Excerpt from Michael Brodwhore’s Missing in Minnesota:

Lisa Elliott, who serves as the attorney for the Rucki family, filed an emergency motion with the court yesterday which included over 200 pages of exhibits documenting Evavold’s repeated violations of an Harassment Restraining Order (HRO) granted by a court in Dakota County in July 2017.

Late yesterday afternoon, the court granted Elliott’s request for an emergency hearing and scheduled the hearing for February 27, at Dakota County Western Service Center in Apple Valley, Minnesota.

DOUBLE CLICK TO ZOOM↓

   

 


David Rucki is going to have to get legislation to become a protected class that qualifies for special protection by a law. You know, all people are equal, but some are more equal than others.

All he has to do to gain an advantage over someone and throw them under the legal bus is make claims of “Ruckiism”. Oh, I guess he already has that advantage!

Next hearing scheduled for February 27th.
HRO Filing: WHY is Adult Daughter Listed Jointly On Petition?

There are two adults included  in the petition for a Harassment Restraining Order (HRO) filed against Dede Evavold – petitioner (and father) David Rucki, and an adult daughter. Two adults can only be listed jointly on a HRO under special legal circumstances – marriage or legal guardianship.

The adult daughter has not filed her own petition against Evavold, and has not signed the HRO filed by her father. The adult daughter has never appeared in court, or offered any sworn testimony regarding harassment.

Consider this: Minnesota Judicial Branch: Help Topics Domestic Abuse & Harassment says that,An adult can ask the court (petition) for an order on behalf of another adult if there is a court order granting legal guardianship. A Power of Attorney does not give someone the ability to file for a Harassment Restraining Order for another adult…

Is the adult daughter under the legal guardianship of her father?? Currently that question remains unanswered. -If the adult daughter is NOT under legal guardianship, Evavold may have a claim to dismiss the HRO filed against her if she can prove it was improperly filed. Stay tuned as proceedings continue in this case full of twists and turns!

 

 

 

 

David Rucki Abuse Cover Up: Motion to Remove Online Posts That Expose Him as an Abuser, Criminal

Source: Michael Volpe Coverage of Rucki’s “Emergency Motion”

(Lakeville, Minnesota) Once again David Rucki is desperate to remove an article from the internet. It’s about how he beat his wife and unborn child because he found out his unborn child “wasn’t perfect.”

Rucki is a dangerous abuser who has threatened, harassed and intimidated anyone who has exposed his abuse, and the various crimes he is perpetrating.Already the Carver County blog was pulled off the internet after threats of legal action from Rucki… and all traffic is re-routed to a hateful disinfo blog that spreads his lies. Don’t let Rucki get away with this!! 

From Michael Volpe: “I think Mr. Rucki needs to be introduced to the Streisand Effect, using the courts to suppress information will only spread that information far and wide. Please share, copy and paste and if you have a website, please put the article on your site. For a bonus send his attorney Lisa Elliott an email and let her know that you found the article because of the motion she filed. lisa@elliottlaw.net”

David Rucki mugshot



#grazzinirucki #rucki4jail

More from Michael Volpe: “It appears David Rucki is using the courts to remove an article from the internet. Acccording to a recently filed motion, Rucki is asking for an emergency hearing to remove a story entitled Beaten Before Born: Sandra Grazzini-Rucki Assaulted While Pregnant – Rucki Wanted to Kill Baby Because He ‘Wasn’t Perfect’”. It was published on Red Herring Alert, a blog which Dede Evavold contributes to. Rucki, due to restrictive probation conditions, believes he can force the removal of this blog from the internet. See his petition: Rucki ‘Emergency’ Motion 

Though David Rucki claimed this was an emergency, the blog was originally published on December 18, 2017. Why he waited two months to take action on an emergency only he can explain…”

Here it is Beaten Before Born

 

Evavold Blogger’s Rights Case Shows How Far Dakota County Will Go to Trample on First Amendment #19AV-CR-17-16709

Source: First Amendment Court Case #19AV-CR-17-16709/

Posted January 10, 2018 on Red Herring Alert Blog by Dede Evavold

Contrary to the false tweets put out by Michael Brodkorb, I did have my pre-trial hearing for my false harassment restraining order (HRO) violation. This was not a hearing related to additional criminal charges and in fact, I still have not received documentation regarding these “new charges”. Brodkorb always seems to have the inside scoop as to what’s going down before I’m ever notified.  Hmmmm……

 

Michael Brodkorb: “At the hearing on December 13, 2017, Elliott said that Evavold’s post published the private address of the Rucki family on a platform with a “dangerous” audience. Evavold did not respond to Elliott’s claims in court, but Judge Kanning said he would grant the motion filed by Elliott.”

Senior Judge Philip T. Kanning (Source: Minnesota Judicial Branch)

Judge Asphaug presided over yesterday’s hearing and indicated that the motion hearing to vacate the harassment restraining order will take place prior to any further hearings. This is the same judge that signed the ex-parte harassment restraining order against me for my crime of referencing the petitioner    on this blog and presided over our “Parental Deprivation” cases.
Click to view: Supreme Court Petition
BTW, I’ve NEVER had an HRO against me, but petitioner has had several filed against him as well as an endless stream of police reports, CPS reports, letters, and orders for protection.
Below are examples of petitioner’s patterns of behavior that he is empowered to continue due to the cover-up by law enforcement, attorneys and judges.

 

 

(Double click to zoom)

 

 

 

 

 

The above case was in front of  none other than Judge Karen Asphaug and prosecuted by Elliot Knetsch who is now prosecuting me.  A preliminary hearing was held on December 31, 2009 and as a result of the hearing, a trial was scheduled for February 8, 2010. On the eve of the trial, the defense filed a motion to dismiss for “lack of probable cause.” That motion was granted without a hearing by Judge Asphaug and the case was thrown out.

Image result for save the date

My free speech hearing is scheduled for March 14th at the Dakota County Western Service Center in Apple Valley.

 

 Dakota County Western Service Center
Dakota County Western Service Center in Apple Valley, MN.14955 Galaxie Ave. West
Apple Valley, MN 55124

 

 

Dakota County ADMITS Charging Evavold with Probation Violation Despite No Proof of Wrongdoing

Dakota County ramps up efforts to silence blogger Dede Evavold, of “Red Herring Alert”, despite Freedom of Speech protections guaranteed by the Constitution.Shocking revelations from the largely redacted evidence that Evavold received in the case reveal that Dakota County is issuing a probation violation against her, and threatening  jail, when there is no proof to suggest that Evavold did anything wrong..7/19/2017, Gilbertsen, John P: “I was able to locate a speicif article reference by the victim (David Rucki) and it did contain information and commentary on the victim(s), much what was negative and sensationalistic in nature. However, I was unable to determine who in fact runs the blog, as the postings are under Aliases which do not clearly identify the person posting…

And,“When I reported back to Supervisor Griffin I indicated I did not feel there was information that we could glean that make it clear Ms. Evavold is the writer or runs the blog..”

All charges against Dede Evavold in this fraudulent HRO should be dropped – there is no evidence of harassment, and no evidence that she is responsible for the posts in question.

___________________

Probation Violation Hearing

My contested probation revocation hearing is scheduled tomorrow (Nov. 2nd) in Hastings. This is just continued misconduct of public employees by intentionally and unlawfully attempting to harm me under the color of official authority. Even if I wasn’t falsely convicted, this would not be lawful or justified! 

“It is unjust for an accused to be troubled for an unreasonable length of time with the physical, emotional and material burdens of endless criminal prosecution.” As a matter of Fact By Sara Soliven De Guzman 

Below is a portion of evidence I recieved that is redacted to the point that it is meaningless. Apparently, all items required to be disclosed have been provided to me. On the Contact Detail page 12, it states that “this blog appears to be a conspiracty blog, though much of the attention appears to revolve around the case in which Ms. Evavold is one of the conspirators.” (Exactly, am I gagged from discussing my own case???)

“The most disturbing item of note was a video of the police interview of one of the apparently juvenile victims. It appears posting this item possibly may be a violation of privacy laws, particularly as the victim was a juvenile.” First of all, the victim was an adult when she was forcibly brought into the Lakeville Police Dept. to recant her testimony. This resulted in the addition of 4 more felonies against me instead of dismissal of the case. Secondly, this was posted prior to my trial and false conviction. The fact that the community corrections supervisor was troubled by the video and not the fact that witness tampering occurred and charges were trumped up against me, is extremely troubling to me.

Stay tuned for the outcome. . .

 Also Read:
  1. DISCLAIMER: THIS IS NOT INTENDED TO GIVE LEGAL ADVICE, IT IS INFORMATIONAL IN NATURE AND BASED ON ARTICLES THAT ARE ON LINE; TOTALLY SEPARATE FROM THE FORUM: FIRST: I do not understand why, the hearing/probation is in Hastings? Next, any criminal case where the alleged person, who is the defendant may have the case moved to their home or district. Change of venue…the defendant has the right to ‘discovery’ that is in the law, i.e. state constitution…As to the age of the tagged juveniles; Associated press clearly states the ages of two missing females
    Associated Press 11/19/2015 sixteen and seventeen… mathematically they are eighteen plus…as of today…this smacks of “‘An ex post facto law (corrupted from Latin: ex post facto, lit. ‘out of the aftermath’) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts. A pardon has a similar effect, in a specific case instead of a class of cases. Other legal changes may alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such legal changes are also known by the Latin term in mitius.
    A law may have an ex post facto effect without being technically ex post facto. For example, when a previous law is repealed or otherwise nullified, it is no longer applicable to situations to which it had been, even if such situations arose before the law was voided. The principle of prohibiting the continued application of such laws is called nullum crimen, nulla poena sine praevia lege poenali, especially in European Continental systems. This is related to the principle of legality.
    Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.” Wikipedia, under the creative commons licensing…2017. NO, they from Dakota County did not provide you with complete discovery…I was accountant for scientist and it was mandatory to provide full disclosure…when, a transaction was changed, the accountant can only draw a thin line through and required by FASB to initial each error or correction…in addition, any CR by law is required to transcribed hearings “verbatim.” Since this situation is extensive, I am limiting my feedback. However, I am seeing/ reading allot of RED FLAGS ARE POPPING UP…. IN ADDITION: NEWSWEEK PRESENTED THE ARTICLE: Did the Missing Rucki Sisters Want To Be Found?
    By Max Kutner On 11/21/15 at 4:25 PM, THIS CAN BE BROUGHT UP BY CORTANA…GOOGLE…WHY ARE THEY NOT IN COURT OR FACING LAWSUITS FOR LEAVING THESE ARTICLES UP FOR DISCOVERY ON THIS DATE…11/1/2017. This whole thing smacks of ‘crisis creating and persecution.’ Read NewsWeek article…they boldly reveal many details, including this ‘site.’ When this issue came about involving the blogger being charged with a crime…now…with the revocation…they are arbitrarily stacking your criminal points so you go to prison…plus costing taxpayers money on frivolous actions. These kids they are arbitrarily defining would be charged as juveniles in court as “truant.” IFF, they had committed any other crime they would have been prosecuted as such…..WHY WOULD THEY EMAIL YOU THIS INFORMATION? In a court of law, they required hard copies of any or all documents and or evidence that fits under the criteria for the “chain of evidence.” AS POPS USED TO SAY….SOMETHING IS ROTTEN IN DENMARK…FISH IS NOT THE SKUNK IN THIS CASE…

    • Per the Intrastate Case Transfer Policy under Section A, subsection 4.B; any felony offender assessed low risk with other than financial, same similar, abstain conditions are ineligible for transfer.

      • I could not find what you tagged as Intrastate case transfer policy with SECTION A. subsection.4.B. in Minnesota.
        http://www.doc.state.mn.us/DocPolicy2/html/DPW_Display_TOC.asp?Opt=206.020.htm |http://www.doc.state.mn.us/DocPolicy2/html/DPW_Display_TOC.asp?Opt=201.020.htm
        What, I do know is that any case adjudicated is to follow the guidelines under Minnesota Department of Corrections. their authority is based on listed MN. Statutes. Change of venue would occur in/before the actual determining adjudication.

        Minnesota Department of Corrections

        Division Directive:                 201.020                       Title: Post-Sentencing Activities
        Issue Date:                             9/6/11
        Effective Date:                      10/4/11

        AUTHORITY:           Minn Stat. §§ 609.165; 609.14; 243.05, subd. 1(d), subd. 1a, subd. 6; 243.166, subd. 4(b); 244.20; 244.24; 244.057; 256J.26; 243.1605
        Minnesota Rules of Criminal Procedure 27.04

        PURPOSE:    To safeguard the community and meet the program needs of offenders.

        APPLICABILITY:    All Minnesota Department of Corrections (DOC) field services staff.

        DIRECTIVE: Agents must supervise offenders in accordance with this directive.

        DEFINITION:
        Recreation/leisure activities – pro-social activities that contribute to the optimal development of each individual by improvement of recreation skills, health, well-being, and quality of life.

        PROCEDURES:
        A.        Case assignment: upon receipt of either a transcript of sentencing or a court’s notice to the department, the designated field services staff activates a case file and assigns an agent.  The assigned agent is responsible for the case until the case is discharged, revoked, or officially transferred to another agent.

        B.        Face sheet/post-sentence investigation: the agent completes a face sheet or post-sentence investigation (court service tracking system (CSTS) merge documents) for cases that did not receive a pre-sentence investigation within 30 days of the notice of sentencing or court notification.  Each section must be completed as follows:
        1.         Client information: fill out completely.

        2.         Offense information: fill out completely.

        3.         Prior record: a chronological list of prior convictions including date of offense, offense, location, and disposition.

        4.         Offense/official version: an official statement of the offense summarized to include the basics (who, what, when and how the offense occurred).  It is not permissible to attach a complaint or other document in lieu of the official version.

        5.         Defendant’s version: the defendant’s statement of the offense.

        6.         Disposition: the sentence, including all special information, imposed by the court.

        7.         Special conditions: fill in completely.

        8.         Victim: fill in completely.

        9.         Education/training: fill in completely.

        10.       Employment/military: fill in completely.

        11.       Family data: fill in completely.

        C.        Probation agreement: the agent must complete the Probation Agreement (CSTS merge document) immediately after the offender is placed on probation, but no longer than 30 days following sentencing.  If the offender moves to another area before the Probation Agreement can be prepared and executed, the agent must send the prepared, unsigned agreement (along with a Transfer Investigation Request) to the agent in the receiving area for execution of the Probation Agreement.  The format for the Probation Agreement is as follows:
        1.         Heading: fill out completely.

        2.         Special conditions: list the special conditions imposed by the court.  The special conditions must be typed on the agreement before it is signed and witnessed.

        D.        Case recordings: agents must promptly document all contact with and about an offender by recording a chronological entry in the CSTS preceded by the appropriate codes identifying the type of contact conducted.