Dede Evavold on HRO: When We Lose Free Speech

An update from Dede Evavold on the recent HRO issued against her, and the suppression of free speech (re-posted from Red Herring Alert):

When We Lose Free Speech-We Lose Everything

“Most of you are aware of the fact that I was maliciously prosecuted and falsely convicted in the State of Minnesota vs Deirdre Evavold Case No.19HA-CR-15-4227

On July 31st, 2017, I was also served with a false harassment restraining order (HRO) signed by the very judge that presided over my criminal trial. Affidavit for HRO. 

Anyhow, the restraining order was issued ex parte and the petitioner indicated that he is not requesting a hearing at this time. In order for me to access the courts for a hearing to have this harassing harassment order dismissed, I have to pay a $300 filing fee. I have already been charged thousands of dollars in court fees from the courtroom, to jail, to probation. This is the continued legal harassment that I am under because I refuse to accept the continued injustices being thrown at me…

Source: Red Herring Alert

Red Herring Alert: Bloggers Have Same 1st Amendment Protections as Journalists

Thoughts from Red Herring Alert blog on the harassment order issued against Dede Evavold …

Bloggers Have Same First Amendment Protections as Traditional Journalists – HRO vs Evavold Should Be Dismissed

The Crystal Cox lawsuit is a landmark court case that defines, and upholds, the 1st Amendment protections of bloggers.. and is relevant when considering the recent HRO issued against Dede Evavold.

This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.” ~ Choon James

Blogging is an exercise of protected speech and does NOT constitute ‘harassment’!

39580866-office-wallpapers

Beware! Blog Post May Be A Threat: Michael Volpe On HRO Filed Against Dede Evavold

Beware, the next blog post may be a threat to someone’s safety by Michael Volpe

All rights reserved under the 1st Amendment regarding free speech

Beware, the next blog post may be a threat to someone’s safety.

That’s the allegation made in an ex-parte restraining order filed by David Rucki against Dede Evavold.

Respondent (Evavold) continues to post information about my family, photos of my family, myself and other members of my family,” Rucki said in his ex-parte harassment restraining order application, “Respondent also continues to make allegations which are false but may incite others against me. My children are frightened for their safety and feel their privacy has been violated.

The application continued, “This is a proven pattern that has been going on for years.”

Rucki does not specify what Evavold has said which is harassing or threatening; an email to Rucki’s attorney, Lisa Elliot, was left unreturned.

Evavold has a blog called Red Herring Alert, where she writes about the Rucki case among other blog posts.

This is not the first time David Rucki has used the legal system to try and shut Evavold’s blogging down. In the Summer 2016, his then attorney, Marshall Tannick, sent Evavold a letter threatening a lawsuit if she didn’t remove her blog immediately.

I am writing to you on behalf of David Rucki,” began a letter from Tanick to Evavold from June 7, 2016, “and his daughters, Samantha and Gianna, with regard to the matter relating to the removal and concealment of the girls and related incidents that have occurred during that episode and thereafter.

There are various civil claims arising from your involvement in this matter.”

Tannick did not respond to an email for comment and it’s not clear if he is representing him regarding the restraining order.

Evavold did not respond to the letter at the time and continued blogging.

On April 18, 2013, Rucki’s two oldest daughters- Samantha and Gianna- ran away from home and stayed for approximately two and half years with strangers- Doug and Gina Dahlen- after a judge- David Knutson forced them to live with Rucki’s sister- Tammy Love; even though all five Rucki children complained vociferously at the time that David Rucki and his family were violent.

Rucki has lived in the Minneapolis suburb of Lakeville throughout the process.

Evavold was one of four people convicted in relation to this disappearance after she recommended to the girls’ mother- Sandra Grazzini-Rucki- that she take her two daughters to live with the Dahlen’s; the Dahlen’s pled guilty for their role in hiding the two girls earlier in 2017.

Ironically, David Rucki is no stranger to restraining orders as nine people- his five children, his ex-wife, two neighbors, and an in-law- all successfully took out a restraining order against him after threatening and stalking behavior.

This case has been covered internationally and Rucki has conducted hundreds of interviews, making his pleas for privacy curious.

Rucki has a long history of violence including: includes: a bar fighta road rage incidentincidents of stalkingmultiple violations of restraining orders, and choking his wife with an organ leg.

The trial judge- Karen Asphaug- disallowed any mention of his criminal history; when his ex-wife testified at her trial she wasn’t even allowed to allude to the restraining order she and her children took out against him.

The four defendants argued they hid the girls because they feared for their safety in Rucki’s care; Rucki once chased after his daughter on her birthday, according to a police report and stuck a gun in his son’s head according to a Child Protective Services report.

Not surprisingly, Asphaug also granted him this restraining order ex-parte, which means without the other parties- in this case Evavold- knowledge.

Normally, an ex-parte restraining order is only granted in cases where someone is under immediate threat of physical danger and the granting of a restraining order based on blog posts should raise first amendment issues.

I contacted Brandon Stahl (Minneapolis Star Tribune), Laura Adelmann (Sun-Current), Michael Brodkorb, Elizabeth Vargas, Sean Dooley, and Beth Mullins (the last three the team behind the controversial 20/20 broadcast on this case which ignored Rucki’s documented history of abuse)- but none provided a response.

Adelmann, it was recently revealed, approached the jury during Sandra Grazzini-Rucki’s trial and asked if any would like to be interviewed after the trial was over; her behavior is now the subject of a jury tampering allegation.

Asphaug appears to be David Rucki’s personal judge. She presided over each of the four criminal trials in this case- Sandra Grazzini-Rucki, Dede Evavold, Dough Dahlen, and Gina Dahlen.

Asphaug ruled to disallow nearly all of David Rucki’s criminal history and forced Gina Dahlen to testify in multiple trials even though she was a defendant still awaiting her trial.

The 1st Judicial District, where Asphaug sits, would only say that judges are chosen to a case “by statute” but would not explain how Asphaug wound up repeatedly on Rucki’s cases.

A phone call and email to Lissa Linne, a public affairs officer for Minnesota Courts, was left unreturned.

A call to Asphaug’s law clerk, Jennifer Williams, was also left unreturned.

Asphaug taking over legal proceedings related to Rucki continues a pattern.

Judge David Knutson placed himself on every legal case related to the Rucki’s when he took over their divorce in 2011.

The above referenced matter has been assigned to the Honorable Judge David Knutson,” a letter written by Knustson’s clerk in August 2011 stated, “all future matters shall be scheduled in front of Judge David Knutson.”

Knustson proceeded to issue approximately 4,000 orders, almost all regulating Sandra Grazzini-Rucki’s behavior; he gave 100% of a multi-million estate to David Rucki and forcibly- under the threat of jail- removed Sandra Grazzini-Rucki from her home, and awarded David Rucki sole custody of his children, despite his documented history of violence.

Sandra Grazzini-Rucki has not seen any of her five children since early 2013.

Evavold has twenty days to challenge the restraining order.

The terms of the restraining order forbid Evavold from speaking about the Rucki family in public or approaching the family; the restraining order appears to be overkill as the terms of Evavold’s probation already forbid all this.

Evavold’s probation is overseen by Judge Asphaug, though she’s yet to violate her probation.

Evavold has four months left to serve on her prison term, but like Grazzini-Rucki, Asphaug has ordered her to serve it over the next six years.

 

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

Annelise Rice, 19, Describes her Family Court Nightmare to Michael Volpe of CDN News

A younger Annelise Rice (YouTube). Quote: State v. Caroline Rice (https://familycourtinamerica.org/2011/12/20/carver-county-minnesota-caroline-rice/). Edited Justice Blog.

(Minnesota): “Dad’s so scary when he gets mad, steam comes out of his eyes…” these are the haunting words of Annelise Rice who, as a child, was taken from her her mother, the primary caregiver, and then placed into the care and custody of her abusive and largely absent father, Brent Rice, by an unjust family court order.

Caroline Rice, mother, was herself a victim of Brent’s rage, and suffered numerous beatings and emotional abuse at his hands – with much of the violence occurring in front of her five children. Courageously, Caroline sought a divorce after 16 years of violence and fought to keep her children safe by filing for a restraining order.

Restraining orders, however, do not apply to family court proceedings and in that arena, a new level of abuse would begin. The divorce was finalized in December 2004 but a permanent custody order was not issued until March 2006. In the custody order, the five Rice children were ordered to be split between Caroline and Brent Rice. Caroline would receive sole physical and legal custody of the two oldest children, and Brent would receive sole physical custody of the three youngest children which included Annelise (with joint legal split between the parties).

The custody evaluator’s report ignored the presence of domestic violence in the family, despite countless police reports and the issuance of a no-contact restraining order. The report also stated that the abuse “was not substantiated” and there was no proof that the children had witnessed any violence. Further, when making the recommendation to split custody of the children the report explained that “it would be difficult for either parent to be the sole physical custodian of five children given the demands of full time employment and attempting to meet the needs and schedules of numerous children.” The decision was made despite the fact that court records describe Caroline as the primary caregiver, and records also state that during most of the marriage she was a stay-at-home-mom. So it had been proven that Caroline was able meet the demands of caring for her five children. After the ruling Caroline filed for an appeal which was rejected.

To uproot and separate the children from their mother and siblings, and from the only home they have ever known caused significant trauma that would later fuel a lawsuit Annelise would file as an adult.

At 19 years old, Annelise is legally recognized as an adult, and would no longer be silenced or controlled by the family court and its players. All the tears she has shed would seep into the ink of the pen she held in her hand, as she clawed her voice out of a hole of imposed silence to put the words to the paper that would become a deprivation of civil rights lawsuit.

Lauren Rice, sister, says,”It is our continued hope that ALL that read of the corruption, collusion and cronyism that exists in the family court system be exposed to the fullest extent….” A Mother’s Love: Caroline Marie Halonen-Rice Jailed for Protecting her Children- In Her Daughter’s Own Words- a Plea for Help, for Justice for Love

In an exclusive interview with journalist Michael Volpe of CDN News, Annelise Rice speaks out about her nightmarish childhood and recent Federal Civil Rights lawsuit against her Father, Hennepin and Carver Counties, along with Social Workers, Guardians at litem, and lawyers, seeking an excess of $240 Million in damages for deprivation of civil rights by tortuous intervention in a mother-child relationship and deprivation of rights under color of the law (Civil Action No. 17-cv-796 ADM/HB).

Read the full article from Michael Volpe here, and please consider leaving a comment on CDN News or Red Herring Alert to show your support of Annelise Rice in her courageous fight for justice: Annalise Rice, 19, describes her Family Court nightmare

 

And, Red Herring Alert: 19 YEAR-OLD SUES FOR DEPRIVATION OF CIVIL RIGHTS

Repost Red Herring Alert: We’re Not Crazy..The Systems Are!

From Red Herring Alert Blog: We’re Not Crazy. . .The Systems Are!

Dede Evavold (Linked In)

“The degree of insanity in the courts is something that is indescribable unless you have witnessed it for yourself. Small is big, left is right, slow is fast, up is down and weak is strong.

A term  has even been coined for individuals that experience psychic injuries due to assaults by legal abuses, ethical violations, betrayals, and fraud in the court system. It’s called “legal abuse syndrome” and was identified by Dr.Karen Huffer, a marriage and family counselor who was also brutally defrauded in the courts.

In my case State of Minnesota vs Deirdre Elise Evavold- Case No. 19HA-CR-15-4227the court ordered that I complete a forensic psychological evaluation and cognitive skills assessment as I showed no remorse or comprehension” for my actions. The absence of remorse should never justify additional punishment because due process guarantees defendants the right to assert their innocence, and defendants cannot be expected to show remorse if they do not admit the crime.” https://www.ncbi.nlm.nih.govhttps:

The goal was always to get me to plead guilty or be found guilty when I’m not!…Anyhow, I completed my court ordered evaluation and unfortunately for those that wanted me to be diagnosed with a mental illness, I passed!”

 

This article by Dede Evavold discusses corruption and abuses of power in Dakota County, as evidence by the injustices perpetrated in the Grazzini-Rucki case. Dede says,”As I’ve stated before, the overall goal is to break you down and get you to accept any injustice thrown at you. This was done through the use of perjured testimony,  illegal withholding and suppression of evidence to use in support of the affirmative defense, due process violations, witness tampering, abuse of discretion, judicial bias and malicious prosecution…“Against incredible odds, Dede remains strong and continues to expose the down and dirty in Dakota County.

NOTE: Dakota County’s misuse of psychological testing is not only a waste of tax payer dollars, but is a form of medical malpractice. Tests are court ordered under threat of jail and other punishment, then forcibly being performed on people with no prior history of mental health concerns, and who show no danger to themselves on society. The purpose of testing done in this manner is NOT to rehabilitate an offender or determine a risk to society but rather used as a way to manipulate litigants when the law does not support the agenda of court professionals (judges, prosecutors, probation officers etc) 

Sandra Grazzini-Rucki have also passed her court ordered psychological exams, including the one taken for the criminal trial. NO sign of mental illness or mental defect was found.

In addition, as part of her job as a flight attendant, Sandra was required to take psychological tests and over the course of her 30+ year career, has passed every test and shown no cause for concern. Judge David Knutson who presided over the Grazzini-Rucki family court case refused to accept the testing done through the airlines and insisted Sandra complete additional testing; in all has completed and passed 6 separate tests, administered at different times from the beginning of the family court cases to the present.

Other examples of  retaliation and wrongful prosecuted are included in the “We’re Not Crazy.. Systems Are!” article include the story of whistle blower attorney Jill Clark and attorney Michelle MacDonald who was retaliated against exposing systemic corruption in the case of  client, Sandra Grazzini-Rucki. In BOTH of these cases, those who go up against the system are labelled mentally ill or otherwise incapable in an effort to silence them.

Source: http://ww2.carshdwallpaper.info

 

 

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!