Judge Asphaug: Blogging More of a Safety Threat Than Frightening Neighbors, Intimidating Police

In yet another bizarre development of the Grazzini-Rucki case, David Rucki claims that blogging is a threat to his safety, and that of his minor children and filed for a restraining order against Dede Evavold, co-defendant in the Grazzini-Rucki criminal trial. It should be noted that Rucki’s petition for a harassment order (HRO) did not actually name or specify what blog had allegedly harassed or threatened him. The HRO did not provide any evidence that Evavold was responsible for owning any blog or that she had posted anything about Rucki on social media that constitutes the legal definition of harassment (per 609.748 Harassment Restraining Order).

Without proving actual harassment occurred, and in violation of Evavold’s freedom of speech, Judge Karen Asphaug granted a HRO against her that is effective for 2 years. Ex Parte HRO

Judge Karen Asphaug (Twitter)

There are numerous problems with the HRO granted … including Judge Asphaug’s prior role on a criminal case involving David Rucki, where she was instrumental in dismissing charges that involved physical threats and harassment that he committed against the neighbors. 

Another connection is that Judge Asphaug’s husband, David Warg, shares a close professional and social relationship with Judge Tim Wermager, the first judge to preside over the Grazzini-Rucki divorce. A local newspaper article covering the swearing in of Judge Wermager alludes to political alliance, and deals made on the golf course that influence the court system, and judiciary, in Dakota County. Are these forces also at play in the Grazzini-Rucki case?

Judge Asphaug Dismissed Prior Criminal Charge Against David Rucki Despite Overwhelming Evidence of Threats, Harassment

That Judge Karen Asphaug quickly issued a HRO against Dede Evavold with absolutely no evidence to support any of the claims made is a sharp contrast to the role she played in dismissing a serious charge of disorderly conduct against Rucki, that involved harassment and threats. Many of Rucki’s acts were targeted against children. The police report filed from this incident includes remarks from Rucki that suggest he knew that if criminal charges were filed, the court would rule in his favor.

On September 8, 2009, Rucki was arrested and charged with disorderly conduct after threatening and harassing his neighbor and swearing at and threatening their children. Police responding to the complaint noted in their report that Rucki tried to intimidate them and referred to the neighbor as a “bitch”. Explosive Expose by Michael Volpe: Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?

Officer Michelle Roberts writes in her report,”Suspect (Rucki) told me that he didn’t have to listen to me. I advised him that if he would not allow me to question him regarding the specifics, I would have no choice but to charge him with disorderly conduct based on their allegations.

He stated,’Go ahead, it’s their word against mine and you can’t prove anything.’

I told him I would mail him a citation for disorderly conduct and he would have the opportunity to give his side in court. He responded,’I’m not going to show up for court, this is bullshit.’  He then said,’You guys can get the fuck off my property.’ Suspect approached us two additional times, each time arguing that we couldn’t take their word over his.

In a supplemental report written by Officer Barb Maxwell, she took a complaint from the neighbor regarding Rucki’s frightening behavior towards his family. Officer Maxwell notes that when she attempted to speak to Rucki, he “..tried to intimidate me. I introduced myself and stated,’I am here because of a complaint on your dogs.’ Rucki got very close to me and said,’There is NO complaint on my dogs‘, and from that point on I was unable to say another word.”  Rucki Incident Report 9/8/2009

Public Domain Image

Judge Karen Asphaug presided over the criminal trial against Rucki and dismissed all charges under unusual circumstances. Journalist Michael Volpe has extensively investigated the Grazzini-Rucki case and writes about these charges against Rucki, and the resulting hearing: “The case came in front of Judge Karen Asphaug and on December 31, 2009 a preliminary hearing was held.

As a result of the hearing, a trial was scheduled for February 8, 2010. But, 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.

This is unusual and inexplicable. A motion to dismiss for lack of probable cause is supposed to be heard during the pre-trial hearing. If a trial date is set, that normally means the probable cause standard has been met. Furthermore, given the number of witnesses to the altercation, dismissing for lack of probable cause is even less appropriate.”  Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?

That Judge Asphaug presided over this prior disorderly conduct case  against Rucki should have disqualified her from later presiding over the criminal case of Sandra Grazzini-Rucki, Dede Evavold and the other 2 co-defendants. That Judge Asphaug had knowledge of an incident involving a criminal charge against Rucki, where he was accused of violent behavior, creates a conflict of interest.

Further, this incident with the neighbor should have been allowed as evidence at Sandra’s criminal trial but Judge Asphaug would not allow it in. The neighbor had also written letter to describe his experiences with Rucki,”In our near decade of living next to him I have found him to be a very angry individual rages at anyone who has contention or confronts him. It got so severe against our family that the court awarded us a restraining order in September 2009….

As police reports can verify, he has boldly cursed profanely at, and tried to intimidate Lakeville’s female animal control officer. It is logical to conclude he is capable  of more towards those more vulnerable, such as his wife and children.

Dakota County Judicial Center

Judge Asphaug’s Husband Connected to First Judge Who Presided Over Grazzini-Rucki Divorce

Judge Karen Asphaug is also married to attorney David Warg, who was once a partner in a law firm with Judge Tim Wermager. Judge Wermager was the first judge to preside over the Grazzini-Rucki divorce.

A news article on the swearing in of Tim Wermager suggests that a good ‘ole boys club exists in Dakota County. The article hints that Wermager became a judge because of his political connections. (2008) Wermager sworn in as judge

Notable excerpts from the article include:

(Judge William) Thuet, also a Hastings resident, is a former attorney from the same law firm that Wermager practiced with for many years. In his remarks, he mentioned the connection.

“What do Rex Stacy, Tom Bibus, me, and now Tim Wermager, have in common?” he asked. “We all were in law practice with Jim O’Connell. He’s the judge maker.”

…Thuet was sworn in as judge in 1983 and remembers being told to “do what is right.” He urged Wermager to do the same.

In his remarks, Wermager thanked everyone, including his law partners O’Connell and David Warg, his family, and friends.

“One of the reasons I wanted to have this ceremony here is because of the history here,” Wermager said. “This is where we all started. (Community Room, Hastings City Hall

Wermager said Dakota County is held in high regard for its judicial practices.

“Attorneys like to practice here,” he said. “They are treated fairly and with respect.”

That pattern was begun by Judges Breunig (Robert), Mansur (Martin), and Hoey (George), Wermager noted. It continues today.

In this environment of cronyism and backroom deals how could Sandra Grazzini-Rucki or an of the co-defendants in the criminal trial, including Dede Evavold, ever receive a fair trial? When justice is offered for sale, it ceases to exist as justice and instead sows the seeds of corruption, greed and abuse of power at every level of the system.

HRO: Who is Harassing Who?

Rucki’s filing of a HRO against Dede Evavold seems well timed to silence Evavold from speaking out about her case, and to make an example of her to intimidate anyone else who is posting on social media, or other news outlets, about the Grazzini-Rucki case. There is only one narrative on this case that Rucki endorses – his own.

Second, Evavold has recently filed an appeal on her conviction of felony parental deprivation charges. Evavold Response Brief: Deceptive Dakota County If Evavold’s case is overturned on appeal, she could still be subject to this HRO, which would become another way for Judge Asphaug to throw her in jail for any social media posting… As this HRO has established there doesn’t need to be evidence that Evavold did anything wrong to punish her. The basis of the HRO is quote “blog” posting with no blog named, no threatening statements listed, no acts of harassment cited,no proof Evavold posted anything that constitutes harassment or threats as defined by law. Judge Asphaug has created a situation where she can blame Evavold for any “blog” and charge her with an HRO violation; this is a clear abuse of judicial discretion.

Stay tuned as the Justice Blog continues to expose this harassment order, and other developments in the #grazzinirucki case!

David Rucki Stalking Incident, July 2013 – Making Good on Threat to “Hunt” Ex-Wife “Like a Dog”

The article “What’s Fair is Fair“, previously posted on Red Herring Alert, documents an incident where David Rucki stalked ex-wife Sandra Grazzini-Rucki in July 2013. Sandra continues to live in fear of Rucki, who once made a threat to her that “I will hunt you like a dog for the rest of your life.” To this day, Rucki continues to stalk and harass Sandra, and anyone associated with her, and has even gone so far as to hire a private investigator and retain an attorney in his efforts.

On July 27, 2013, police responded to a call in a suburban neighborhood regarding a suspicious vehicle and a possible stalker – David Rucki. The menacing black Cadillac roared as it passed the house, made a U-turn, and passed again. From behind the windshield, Rucki turned his hand sideways and pointed one finger, his hand formed a gun aimed straight for his ex wife, Sandra Grazzini-Rucki.

The police report indicates that Rucki had been seen on numerous occasions driving up and down a street where a friend of  Grazzini-Rucki lives; and that a police report was filed on this day because video tape footage had been taken, and could verify his presence. The still pictures of the stalking incident included in this article came from the actual video footage taken that day. The police report notes that the officer responding at the scene had viewed the video footage, and reported,”I watched the video that showed the suspect vehicle drive up and down — Street and also sitting on — Street.

David Rucki had absolutely no reason to be driving on this residential street, which in fact is located in a different city than where he lived, and would require Rucki to drive out of his way to make an appearance in a neighborhood where he did not belong. What is important to note is that David Rucki is targeting friends and supporters of Sandra in his abusive, criminal behavior – that he would go to such extreme lengths in order to gain power and control over Sandra shows how dangerous he is.

Considering the fear  Sandra had expressed, and prior protective orders filed against him, Rucki should have known to stay away. Instead he continues to pursue Sandra. A statement taken  at the scene says,Grazzini-Rucki says she was afraid of David as he had been abusive to her and their kids. She said that Rucki had also violated no contact orders in the past.“At the time of this incident, a protective order was not in place against Rucki. – However, Sandra had previously filed for, and received, a protective order that recently expired. Rucki was not deterred by any of the protective orders and continued to harass Sandra. The police officer advised Sandra of her options, including filing for a harassment restraining order, and said the police would do extra patrols in the area. None if that has seemed to stop Rucki, who is even adept at manipulating and using other people to participate in his abuse of Sandra (and even attempting to intimidate or retaliate against friends and associates of Sandra in order to hurt her).

Years later, at the criminal trial of Sandra, presided by Judge Karen Asphaug, evidence of stalking to include videos, still pictures, police reports and witness reports was offered up to support the affirmative defense she raised. Judge Asphaug suppressed the evidence of stalking, and would not allow the jury to see it… what you are reading here is some of the evidence that was kept from the jury.

What’s Fair is FairPosted on October 26, 2015 by Dede Evavold

We’ve seen and heard a lot about Sandra Grazzini-Rucki. . . But what about David Rucki?

 Let’s take a looksie!

 

Name: Rucki, David Victor     DOB: 02/03/1963     Address: xxxxxxxxxxxxxxx Lakeville, MN 55044 Secondary Address: xxxxxxxxxxxxxxxxxxxxxxxxx  Farmington, MN 55024 Age: 52  Business information Rucki Trucking (Shop) Farmington, MN 55024

Vehicle Information: 2005 Maroon Chev Suburban, (MN Lic#SPZ533); 1990 Silver Mercedes Benz SL500  Convertible coupe, (MN Lic#); 1965 Black Cadillac Coupe Convertible (MN Lic#914HRA); 1965 Dark Blue/Black Chevelle

Pictures above were taken by Sandra Grazzini-Rucki’s friend M.R. on July 27, 2013 outside of his then residence. M.R. filed a police report for MN Statute 609.749 STALKING.

Stalking – David Rucki

Subdivision 1. Definition. As used in this section, “stalking” means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.

The Harassment Restraining Order (HRO) was denied. Which has become a pattern in Dakota County, Rucki seems to evade criminal charges he deserves.

NOTE:

After the denial of the HRO, David Rucki’s stalking and harassment escalated.

Available records indicate two additional police calls were made complaining that Rucki continued to drive by the residence of Sandra’s friend.  Rucki was also seen parking his vehicle on a nearby street and watching the residence.

One of the police calls was made on December 27, 2013 to say that David Rucki’s maroon truck was seen driving past the house. Rucki was yelling at witnesses to the incident and seen taking pictures. 

On May 31, 2014, a GPS tracking device was found on a vehicle belonging to M.R. There is overwhelming evidence that Rucki is responsible for purchasing the GPS tracking device and placing it on the vehicle. A police investigation into the planting of the GPS produced enough evidence to criminally charge Rucki yet, the investigation was closed without explanation – and no charges resulted.

When the GPS was purchased, an e-mail address was connected to the account with an IP address that traced back to Rucki’s home on Ireland Place.

The GPS tracking device was first activated at Rucki’s home on Ireland Place in Lakeville. The police were able to look at a spreadsheet that tracked the locations of the GPS when it was active – the first sign of activity was on December 28, 2013. The signal starts at Rucki’s residence then can be traced moving down the street, until arriving at M.R.’s residence and being placed on his own vehicle. It is no coincidence that Rucki was appearing at the residence the day before, and taking pictures.

For more info on these incidents plz see pages 79-92: druckipolicereports

SECOND – The infamous Black Cadillac pictured above is now owned by friend, Tony and Joni Canney.

The Canneys were involved in the Lakeville Hockey scandal with David Rucki, and resigned from the Board in disgrace (2011). Rear more here: 2011 Lakeville Hockey Scandals Lands David Rucki in the Penalty Box

 

Stay Tuned for More Updates!

Police Report, HRO: David Rucki is Dangerous, Not Safe Around Children

inflamedrucki

In 2011, Judge David L. Knutson ordered the five Rucki children into reunification therapy and supervised visits with father, David Rucki, while two separate harassment orders were in place against him (one harassment order filed by Sandra, the other filed by a neighbor).

The danger Rucki poses to children is noted in a police report filed against Rucki prior to obtaining the HRO which states,”he and his wife run a daycare at their home and are very concerned for the children they care for (due to Rucki’s threats and aggressive behavior).

Along with the HRO, Rucki has a long history of violent behavior that manifests in both his criminal record, and in the abuse allegations raised by ex-wife Sandra Grazzini-Rucki and children. druckipolicereports (See page 11-21 for information related to this article) Court documents also indicate that Rucki was ordered in anger management classes on 3 separate occasions, and during the divorce was ordered into domestic abuse counseling.

Despite overwhelming evidence, Judge David L. Knutson refused to acknowledge the abuse, and has put the lives of the Rucki children at risk by first by court-ordering the “de-programming” the children to recant abuse allegations and then by giving sole custody to Rucki – after proven to be dangerous, emotionally unstable, and not safe around children.

NOTE: This article contains some of the defense evidence suppressed by Judge Karen Asphaug during the rigged trial of Sandra Grazzini-Rucki.

screaming

The harassment order was filed by a neighbor R.M. (issued on September 15, 2009) and barred Rucki from having any contact with his wife R.R.M., their two children and even the children enrolled in the daycare they operated. HRO Filed Against Rucki 2009

According to the HRO David Rucki terrorized the family in the following ways:

Made Threats:He said he would unleash holy hell if we ever turned him in again”. “He also did a threat later in the street. He’s mad we called animal control over his dogs.”

Exhibited Frightening Behavior: Loud, Cursing, Coming in Close proximity to their house and mailbox.

Called the Victim(s) Abusive Names: Called my wife a “bitch” and my son a “son of a bitch” and called us “assholes”. Cursing at us while daycare kids present.

While the HRO was in place, Rucki violated the order numerous times. The neighbors were so frightened that they placed security cameras around their home.

The HRO remained in place for 2 years – the reason the neighbors did not renew the HRO was because Sandra had a protective order in place that prohibited David from coming near the cul-de-sac, where the neighbors also lived, so they felt that restraining order would also protect their family. This proved to be false – Rucki has stalked Sandra, and violated protective orders she filed against him. Sandra’s protective order was later dismissed by Judge David L. Knutson.

Judge David L Knutson

Judge David L Knutson

*** IMPORTANT UPDATE ***

Journalist Michael Volpe, covering the Grazzini-Rucki case, just released a police report filed by R.M on September 8, 2009 . The police report documents the terrifying incident that led up to the HRO: David Rucki thinks “asshole” is an appropriate term for a three year old.

The police report demonstrates abusive behavior, and an abusive mentality through Rucki’s own words and actions. A pattern also emerges from the police report that corroborates abuse allegations raised by Sandra.

Domestic violence is defined by a pattern of abusive behavior that is used to gain power and control over another person through threat, force, violence or intimidation. Domestic Violence – US DOJ

What is particularly dangerous about Rucki is that he attempts to exert power and control over anyone close to him -beyond his family. Rucki literally prowls the neighborhood, and by extension Lakeville, as his own territory much like an alpha wolf.

davidraging2

A Few Examples of David Rucki’s Pattern of Abuse:

The police report describes Rucki threatening and swearing at the neighbor’s children and also swearing at the children in the daycare.

Rucki threatened and swore at the neighbor’s wife, R.R.M.; including incidents where children were present. Rucki is so brazen that he referred to R.R.M. as a “bitch” while police were present!

The threats and profanity are the same as what Rucki has said to Sandra, and his own children. The viciousness of Rucki’s words were captured in a series of voice mail messages left for his teenage son (Comments taken from picture above. Also read transcripts recorded voice mail messages)

Rucki refers to R.R.M. as a “crazy lady“. Rucki also accuses ex-wife Sandra as “crazy”. Sandra has never been diagnosed with mental illness. Rucki continues to avoid questions about his own mental health, and the results of his psych evals.

Rucki admits in the police report that he called Child Protective Services on the neighborsdue to safety concerns for the children“. Reading the police report it is obvious the only safety concern that exists is David Rucki. It is clear Rucki made a false report to CPS because he was angry at the neighbors, and was carrying out on threats he made against them.

Rucki made false reports against Sandra to the family court professionals and during the criminal trial, claiming she is a danger to the children. There have never been any findings of abuse against Sandra. Just the opposite – when court proceedings began, the Rucki children  expressed they shared a loving relationship with their mother and wanted to live with her. It is only through forcible separation, and under the threat of de-programming that has Sandra become estranged from her children.The allegations Rucki raised against Sandra are not motivated by genuine concern but rather, are a form of abuse.

Another example – while the police officer was interviewing R.M. (quote),”he informed me that suspect (Rucki) drove by as we were speaking and put up the middle finger of his left hand at him…” Rucki later admits to police that he did make a gesture but says, “I only waved at them, they can see it however they want.

A similar gesture made by Rucki with his middle finger was captured in a still photo taken on July 27, 2013, in a stalking incident: What’s Fair is Fair

Finally, when the police interview Rucki he is angry and refusing to cooperate. The officer informs Rucki that they will have to charge him with disorderly conduct, Rucki replies, “Go ahead it’s their word against mine and you can’t prove anything.” Rucki approached police two additional times stating “that we couldn’t take their word over his“. Rucki attempts to intimidate police to get them to drop charges against him.

In another section, Rucki basically says the laws do not apply to him. He attempts to intimidate another police officer into dropping a complaint against him.

This is similar behavior as what was reported by S.R. (one of the teens who ran away due to Rucki’s abuse) – that she was pressured and guilted into recanting abuse allegations by Rucki: Pressured, Threatened S. Rucki Bravely Speaks Out Against “Horrendous” Family Court

You can’t prove anything” could also explain what has happened to Sandra throughout all of the legal proceedings from 2011 to the present – Dakota County, has taken the word of David Rucki as fact and completely violated the law, and dismissed significant evidence and documentation in doing so.

Why does Dakota County protect David Rucki?

 

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For More Information:

(2011) Judge Knutson Orders Reunification Therapy with David Rucki and Children, while HRO in place

Michael Volpe’s articles on the #grazzinirucki case can be found Communities Digital News: Grazzini-Rucki Articles on CDN