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

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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

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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!

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

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.

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

*** 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.

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 neighbors “due 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

Source: https://redherringalert.wordpress.com

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

Source: https://redherringalert.wordpress.com

 

 

(2011) Witness Says: David Rucki is a Very Angry Individual Who Rages… Expresses Concern for Sandra and Children

A witness (name omitted to protect privacy) to David Rucki’s abusive and violent behavior wrote a letter in 2011 (below) to share some of his experiences, and to voice concerns for the safety of Sandra Grazzini-Rucki and the children.

This letter supports the concerns raised by Sandra and supports the allegations of abuse raised by the Rucki children, who report a similar pattern of abusive and threatening behavior from David.

 

The witness reports that he felt so frightened of David Rucki that he applied for, and received, a restraining order in 2009: (2011) Judge Knutson Orders Reunification Therapy with David Rucki and Children, while HRO in place

Also note that the witness  heard David verbally abusing Sandra on a cell phone call, and “He truly berated her about being a poor mother“. This behavior matches the verbal abuse heard on voicemail messages that David left to his teenage son, Nico. The voicemail messages also include comments denigrating Sandra, and criticizing her ability to care for her children. That means you have two independent statements, from two different times, describing the SAME behavior from David. Rucki Enraged: Voicemail Transcripts Reveal Threats, Emotional Abuse Against Son

The witness also says “As one who does biblical counseling, I am convinced he (David Rucki) needs anger management treatment.” In fact, David was ordered into anger management on numerous occasions.

Judge David Knutson awarded David Rucki sole custody of the 5 children in November 2013, despite a long  history of abuse, rage and anger problems present in David. Just 7 months later, in June 2014, David was so offended by a fellow motorist that he stalked a vehicle, waited until the motorist got out of his car, and brutally beat him.  David was convicted of disorderly conduct and referred to anger management again.

See Condition #4 – Anger Management

Almost a year later, in November 2015, the Rucki girls are “recovered” after running away from the abuse, and dysfunction that their father brought into their life.  The girls bravely reported the abuse, and clearly stated that they are afraid of their father, and  would prefer to remain in foster care.  And at the time, David was still on probation for the road rage conviction – which should have demonstrated that he posed a risk of harm to the children.

Yet the Courts continue dismiss the Rucki girls’ concerns, and push for reunification therapy aka reprogramming. What kind of “therapy” forces children to live with an abuser, and forces children to accept abuse without question, to just take it?

I am pointing all of these facts out to show you, the Reader, that multiple sources, across time, describe the SAME kind of abusive and violent behavior from David Rucki. Clearly he has a propensity towards violence.

REMEMBER:   Domestic Violence manifests as a re-occurring pattern of behavior to maintain power and control over a partner or children and/or other family members. The presence of fear or trauma in a partner or in children is a telltale sign that abuse has occurred in a family.

Helpguide.org: Domestic Violence and Abuse – Signs of Abuse and Abusive Relationships

Is this a case of “parental alienation”?

Think about it… David Rucki has a documented history of anger problems, rage and violent behavior with related criminal charges, and police involvement, going back at least 16 years (figuring the witness said a “decade” of living next to David)!

Why won’t the Courts listen to the Rucki children? All they are asking for is to live in a safe home, free of violence. Is that too much to ask? 

When home doesn’t feel like home anymore… (Public Domain: http://www.pd4pic.com)

Please also read Michael Volpe’s investigation into the Grazzini-Rucki case, the history of abuse, and how this case was handled by the family court system for additional information, and insight: Chaos and horror after courts step in for Rucki family by Michael Volpe, Communities Digital News