Dierdre “Dede” Evavold Appeals Criminal Conviction

From Red Herring Alert blog… Dierdre “Dede” Evavold filed an appeals her criminal conviction State of MN vs. Deirdre Evavold A17-0200

Dede Evavold

Evavold Appeal 2017  is a compelling read that begins with the argument that Dede was wrongfully charged and convicted of parental deprivation and that, quote (p.5), “The affirmative defense did not need to be raised as there was substantial evidence supporting the affirmative defense. The state had all evidence that no crime was committed and that the girls ran away because of abuse...” That statement is validated by police reports that show when paternal aunt Tammy Love reported S.R. and G.R. as missing that she admitted the girls had run away because they were “upset because court ordered her and her sister to live with aunt…” Another police report dated 11/23/2015, the day the girls were found living at the Dahlen ranch again affirms they did run away of their own free will and would run again if forced to live with their abusive father,”Both girls made it very clear to me that if they were forced to go with their dad, they would run again…”

The appeal also argues:

*The State purposely ignored allegations and documentation indicating child abuse of S.R. and G.R. occurred.

*The State refused to investigate allegations of witness tampering because it would hurt its case to do so.

*Additional charges were filed against Evavold after S.R. was forced to recant her statements due to pressure and intimidation asserted against her by father, David Rucki, and paternal aunt, Tammy Love. S.R.’s story then changed from her original statements, which is witness tampering. The State should have never been allowed to proceed with prosecution due to witness tampering. (p.8-9)

*The Dakota County Attorney’s Office obstructed the discovery process and failed to provide all evidence available to Evavold. (p.12-21)

*Prosecutor Kathryn Keena attempted to force Evavold to plead guilty without allowing her to see all of the evidence of the case, which has been dubbed a “trial by ambush”. (p. 16-17)

*Judge Karen Asphaug should have recused herself from the case because she was involved with previous criminal proceedings involving David Rucki where she ruled in his favor, and then concealed her role in the cases. (p.21) (Also read this expose written by journalist Michael Volpe on the subject: Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases? )

*Judge Asphaug assigned herself to all 4 criminal trials relating to the Grazzini-Rucki parental deprivation case, “this action led to knowledge of disputed facts and affected impartiality“.

(Side Note: Judge Asphaug’s husband David Warg is a former partner in a law firm with Judge Tim D. Wermager. Judge Wermager was the first judge assigned to the Grazzini-Rucki divorce. Wermager sworn in as judge)

*Due process violations prevented Evavold from getting a fair trial.

Additional information about the Grazzini-Rucki case, and the criminal trial of Dede Evavold can be heard at the following link: Dede Evavold: Paying for Being an Activist for Change. Village Connection Radio with Fletcher Long and Carlos Rivera.

 

Judge Karen Asphaug (Twitter)

Dakota County Attorney James Backstrom

Assistant Dakota County Attorney, Kathryn Keena

REPOST CDN NEWS: Does a Recent Police Report Exonerate Sandra Grazzini-Rucki?

Does a recently found police report exonerate Sandra Grazzini-Rucki? <– READ FULL ARTICLE! 

Michael Volpe, of CDN News, reports on a newly released police report from the Lakeville P.D. that reveals that runaway teens, Samantha and Gianna Rucki, fought against returning to their father after being discovered living on a therapeutic horse ranch after going into hiding for more than 2 years. The girls decided to run away after the family court system failed to protect them from an abusive father and placed them into a custody situation they felt was unsafe.

That Samantha and Gianna threatened to run away from their father’s care AFTER being discovered by police the supports defense raised by mother, Sandra Grazzini-Rucki, that she hid them for their safety (which is an affirmative defense). The girls demonstrated palpable fear of their father, David Rucki. It also validates the defense of Doug and Gina Dahlen who claimed both girls repeatedly threatened to run away if returned to their father, and they allowed the girls to stay on the ranch for their own safety, and that the girls were free to leave at any time but chose to stay of their own free will.

The police report, from November 21, 2015, was never seen before by Sandra who was charged with parental deprivation for her efforts to protect her daughters. As part of the discovery process, this police report should have been turned over to Grazzini-Rucki, and the 3 other defendants charged in this case.

According to Volpe: “If the Dakota County Prosecutor, whose office prosecuted the case, failed to provide this police report, this would be a “Brady violation” named after the U.S. Supreme Court Case Brady V Maryland, in which a conviction was overturned after prosecutors failed to provide exculpatory evidence, meaning, in this case, evidence favorable to the defense. In order for a legal proceeding to be just, all evidence must be shared with both sides…Ignoring Brady is not only an egregious violation of prosecutorial ethics…”

Volpe goes on to say: “Given this issue, under normal circumstances, Sandra Grazzini-Rucki’s conviction would have been thrown out. But nothing has been normal in this case.”

READ the police report for yourself –  Lakeville P.D. Supplement Report Grazzini-Rucki 11/21/2015

Dakota County Attorney James Backstrom

Upon being found at a therapeutic horse ranch belonging to Doug and Gina Dahlen on 11/18/2015, the Rucki sisters told police they would run away again if returned to the care of their father, David Rucki.

According to the police report: “Samantha and Gianna came down, and immediately told us that they would not go back to their father. We told them that our first concern was their safety. I did ask them about the last time that they had heard from their mother, and they told me that they would not say anything without a lawyer.” The report also indicated that Samantha has quote “issues with males”.

Arriving on scene was Detective Kelli Coughlin from the Lakeville police, who previously responded to an incident where Rucki swore and threatened a member of ex wife, Sandra Grazzini-Rucki’s family. The previous police report shows Rucki’s propensity towards violence, and the very real fear other people have of him. It also shows that Coughlin had knowledge of Rucki’s abuse violent behavior towards his family, and when the Lakeville P.D. pushed to return to the Rucki girls to a home they felt was unsafe, the Lakeville P.D. did so with full knowledge of the case, including abuse allegations.

The police report indicates the victim is fearful for his family and feels Rucki will follow through on his threats that include “I‘m coming after you and you won’t see me coming” and “It probably won’t be me (that will get you).” At the time of the incident, Sandra’s mother died the night before after an agonizing battle with cancer. While the family was still grieving Rucki fought to gain control of the family trust, and threatened and intimidated family members to stake a claim on something that was not legally or rightfully his. Rucki Police Report

Samantha and Gianna were assigned a social worker and also given a lawyer, both argued in court on behalf of the sisters that they their father and did not want to be placed in his care. The sisters stated they would attend therapy and not attempt to run away again if they were able to stay in foster care. Judge Michael Mayer of Dakota County denied the request, the sisters were sent to reunification therapy in rural California and then were placed backed into the custody of David Rucki, father, against their will.

The Dahlens Plead Guilty – But Only After Attorney Argues Witness Tampering, 5th Amendment Violations (Michael Volpe, repost)

Public Domain: http://tinypic.com

A recent article by journalist Michael Volpe, who has been extensively covering the Grazzini-Rucki case, chronicles the criminal charges filed against Doug and Gina Dahlen for their role in the disappearance of the Rucki teens, and the resulting guilty plea.

5th Amendment violations, witness tampering, alleged in Rucki case by Michael Volpe (CDN News)

 

On November 18, 2015, a swarm of police and federal marshals descended on the small town of Herman, Minnesota. The rumble of trucks and men disturbed the quiet countryside, kicking up dust along dirt roads. The frantic chatter of radio announced the breaking news – the two missing Rucki sisters had been found on the Ranch of Doug and Gina Dahlen. The sisters, S.R. and G.R. were not happy to have been “found” and over the next few weeks, would bravely come forward to describe the nightmare that caused them to run away – physical and mental abuse at the hands of their father, David Rucki, and an uncaring family court system led by Judge David L. Knutson ignored their cries for help and worked to place them back into the care and custody of a dangerous abuser.

Doug and Gina Dahlen

Doug and Gina are an exceptional couple who has dedicated their lives to helping abused and traumatized children, and supporting families in need. They reside in the small town of Herman, Minnesota, which boasts that it is a “small town with BIG values!”; and holds true to that promise with a population just below 500 souls. The Dahlens are an all-American family, working hard to establish a non-profit therapeutic horse ranch on land Doug purchased from his grandparents that would be named White Horse Ranch. The Ranch also operates as an animal rescue and has taken in at-risk horses, and even dogs. The October 2014 WHR newsletter demonstrates the success of the program, and generosity of the Dahlens,”To date this season we have had 130 youth visit the ranch; and of these we worked with 44 of them one-on-one. Our youngest visitor was five months old, and our oldest was 85.”

Doug and Gina risked it all to shelter S.R. and G.R. – providing safety, nurturing and a second chance to experience their childhood that had been long denied. The Dahlens believed the teen girls truly had been abused – the girls not only spoke about abuse but their physical and mental state also indicated abuse and trauma had occurred. Investigative Report Dahlen, Witness Statements

The Dahlens offered their home, and their heart, to protect S.R. and G.R. from imminent physical or emotional harm. Now the Dakota County court system that worked against the Grazzini-Rucki family, would wage its legal guns at the Dahlens, and ruthlessly work to destroy the very family that had saved the lives of these terrified teens.

Public Domain: http://chainimage.com/

Doug and Gina plead guilty to felony charges in January 2017 but their attorney argues the Dahlens were basically bullied into accepting the plea under circumstances that involved witness tampering and Constitutional violations.

Doug and Gina have no previous criminal record. They are not dangerous; and in fact are described as being “kind and generous“. Doug and Gina did not act with malice or criminal intent, but instead, chose to help the Rucki girls because they were truly concerned for their well-being.

Both S.R. and G.R. have expressed their experience at the Ranch was positive, and they stayed based on their free will choice. S.R. said about the Ranch,”It was so great up there! They were given hugs and love. She loves Doug and Gina and states Gina was like a mom to her.” G.R. says she does not feel that she needs therapy because after her stay at the Ranch “she has it figured out” and remarks made to a social worker indicate that G.R. felt at peace – her only fear was returning to the care of her father, David Rucki. Rucki Social Service Records, Abuse Allegations

If anyone should be criminally charged, it should be Judge David Knutson, the Guardian ad Litem, court appointed therapists and others involved in the case who failed to protect the 5 Rucki children from abuse, and instead forced these children to live with the identified, and proven, abuser, David Rucki. David Rucki Police Reports, Documented History of Violence

When questioned about abuse allegations, and irregularities in the handling of the Grazzini-Rucki case, Dakota County, the Lakeville Police and Dr. Rebecca Bailey have all avoided questions raised by Volpe and CDN News.

Judge Karen Asphaug (Twitter)

What is Dakota County hiding? And why are so many refusing to answer basic questions about the Grazzini-Rucki case?

Uncover the truth, read Michael Volpe’s article in full: 5th Amendment violations, witness tampering, alleged in Rucki case by Michael Volpe (CDN News)

 

Additional Information on Doug and Gina Dahlen:

Couple who cared for missing teens on their ranch for two years say that runaway sisters would be better off with them…

IGC: GINA DAHLEN’S VISION QUEST

Riding with Faith, Spirit and Vision

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