A. Co-Defendant Deirdre Evavold received 12 times the evidence as Appellant. Signed July 10, 2017 by Sandra Grazzini-Rucki. Page 10. Appellants’ Reply Brief, Addendum. Case Number: A16-1997 Short Title: State of Minnesota, Respondent, vs. Sandra Grazzini-Rucki, Appellant. [Note: Sandra had not one but two licensed attorneys on her criminal case. Evavold represented herself.]
https://www.scribd.com/document/354000486/Reply-Grazzini
Missing Evidence:
- Lakeville Officer Kelli Coughlin’s preliminary audio recorded statements from Gianna & Samantha Rucki
- Preliminary audio statement of David Rucki, Tammy Love, Rick Hakanson, Loralie Musolf, Kelli Coughlin, Jim Dronen, and Matthew Palmer – Deputy US Marshal, (Corresponding audio and video with a report.)
- Stearns County Evidence (Surveillance of Residence by David Rucki) (Private, criminal investigative data for Christina Fox)
- Blueray disc containing MN Bureau of Criminal Apprehension reports
- Child Protective Services Documents Novermber 2015. Appellant’s Brief. Case #: A17-200 State of Minnesota Court of Appeal. State of Minnesota v. Deirdre Evavold.
https://www.scribd.com/document/352906584/Dakota-Co-Brief-Evavold-1
Trial By Ambush:
The objective of our rules of discovery is to encourage the exchange of relevant information by the parties prior to trial and to discourage and prevent unjust surprise and prejudice at trial, especially where the testimony of expert witnesses is concerned. See Shymanski v. Nash, 312 Minn. 304, 307, 251 N.W.2d 854, 856 (Minn.1977). As we have stated, “trial by ambush” fell out of favor in the courts of this state over 50 years ago. See American Standard Ins. Co. v. Le, 551 N.W.2d 923, 925 n. 3 (Minn.1996). Supreme Court of Minnesota. Stuart E. GALE and Sandra W. Gale, petitioners, Stringer, J. and Lancaster, J. Relators, v. COUNTY OF HENNEPIN, Respondent. No. C5-99-1349. Decided: May 11, 2000. https://caselaw.findlaw.com/mn-supreme-court/1275639.html
How Courts Work Steps in a Trial Discovery To begin preparing for trial, both sides engage in discovery. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent "trial by ambush," where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence. American Bar Association - Division For Public Education
https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html
THE COURT: Ms. Evavold, you are representing yourself.
MS. EVAVOLD: Yes.
THE COURT: The State filed a motion to compel testimony of Ms. Dahlen, Mr. Dahlen and Ms. Evavold pursuant to Minnesota Statute 609.09, Subdivision 1. A joint response was filed on behalf of Mr. and Mrs. Dahlen. I have not received a response from Ms. Evavold. Have you responded in writing to this motion, Ms. Evavold.
MS. EVAVOLD: I have responded to the District Court Administrator again on Friday about not receiving my evidence, so --
THE COURT: Did you file a response to the motion to compel?
MS. EVAVOLD: No, not with the court. THE COURT: Okay. Is the State ready to proceed?
Jury Trial Volume I, State of Minnesota vs. Sandra Grazzini-Rucki. Court File No. 19HA-CR-15-2669. July 18, 2016 at the Dakota County Judicial Center, Hastings, Minnesota. Page 3.
THE COURT: Have you – are you satisfied that you have received the discovery from –
MR. KEIL: No.
THE COURT: – the State?
MR KEIL: It is my understanding that one of the kids provided a statement to law enforcement. It’s been on Twitter; it’s been in the press. We have not received a copy of that statement.
MS. KEENA: Your Honor, if I may just comment to that? I just received it late last week, and it’s actually on sitting on my secretary’s desk to disclose to Mr. Keil, and she’s gone today. So they will be receiving it this week.
Jury Trial Volume I, State of Minnesota vs. Sandra Grazzini-Rucki. Court File No. 19HA-CR-15-2669. July 18, 2016 at the Dakota County Judicial Center, Hastings, Minnesota. Page 6.
THE COURT: Ms. Evavold, you also are the subject of a motion to – for use immunity and a motion to compel your testimony. Is there anything that you would like to note for the record?
MS. EVAVOLD: Do you want me to stand?
THE COURT: Pardon me?
MS. EVAVOLD: Do you want me to stand up?
THE COURT: You may either stand or sit, whichever is – wherever you’re most comfortable, ma’am.
MS. EVAVOLD: I would just like to reiterate what they said about the constitutionality of that and the right against self-incrimination. Because I haven’t received my evidence, I haven’t had time to prepare, so any answers that I provided I would need to speculate on, and that would open me up to possible perjury because I wouldn’t be able to have that information in advance and to prepare for that.
THE COURT: All right. Thank you. Does the state wish to respond? Jury Trial Volume I, State of Minnesota vs. Sandra Grazzini-Rucki.
Court File No. 19HA-CR-15-2669. July 18, 2016 at the Dakota County Judicial Center, Hastings, Minnesota. Page 9-10.
Lion News: St Cloud Police Illegally Withholding Incriminating Rucki Data For 19HA-CR-15-4227?
Lion News: Unedited ABC 20/20 Elizabeth Vargas 2nd Sandra Grazzini-Rucki Ramsey Jail Interview?
Lion News: St. Cloud Times Conspires With Sheriff Sanner In Obstruction Of Justice – Dede Evavold?
Lion News: Lakeville Police Chief Long & Deputy Kornmann Harass & Hang Up On Poor Dede?
Lion News: Evidence Chief Judge Conkel Aids & Abets In Trial By Ambush Of Dede Evavold?
Lion News: Poor Dede Evavold Exposes Corrupt Ramsey Co. Sheriff Bostrum's Prisoner Abuse?
Lion News: Ramsey Co. Sheriff Bostrum Harasses Prisoners Dede Evavold & Sandra Grazzini-Rucki?
Lion News: Poor Dede Evavold Reports Corrupt Dakota Co. Attorney Backstrom To Rude FBI?
Lion News: KSTP-TV's Altmann Justice-Hating Jerk On Trial-By-Ambush For Poor Dede Evavold?
Lion News: Poor Dede Reports Corrupt Dakota Co. Attorney Backstrom's Trial-By-Ambush To FBI?
Lion News: Lakeville Detective Dronen Caught Planting Evidence In Missing Rucki Girl's Case?
Lion News: Star Tribune Hack Michael Brodkorb Caught Interfering With Missing Rucki Girl's Probe?
Lion News: Exclusive Video Of Samantha Rucki Testifying Her Testimony Is Not Of Her Free Will?
Lion News: Exclusive Video Of Samantha Rucki Calling Dakota County Judge Knutson A “Dick”?
Lion News: Poor Dede Throws Monkey Wrench Into High-Profile Sandra Grazzini-Rucki Case?
Lion News: Audio Proves Corrupt Lakeville Police Illegally Withholding Evidence From Poor Dede?
Preliminary Investigation/Required Reports
325.1 PURPOSE AND SCOPE Preliminary investigations vary widely from case to case. The scope of preliminary investigation may be limited by investigative policy or by an officer's workload. Officers should continue a preliminary investigation if there is a viable lead, but shall not delay the investigation to the point where it will jeopardize the investigation. Timely and thorough preliminary investigations are essential to tracking crime patterns and trends; influencing the development of policing plans and the deployment of police resources necessary for effective and efficient problem solving and crime prevention. The Department relies on real time records to guide intelligence-led policing efforts; focusing on developing actionable criminal intelligence, analysis of crime trend data, timely communication to stakeholders and effective operational responses to problem solve and reduce crime.
325.1.1 POLICY Preliminary investigations are the responsibility of patrol officers. The Department prefers that officers speak to victims and witnesses in person. Non-verbal information can be an important factor in many investigations, but is lost when interviews are conducted over the phone. The gathering of physical evidence and observations by the investigating officer may also be compromised. A phone response to calls for service is acceptable if the incident is of a minor nature and the phone response does not compromise the quality of the response, including the quality of information gathered and evidence collection. Crimes of violence and crimes against persons shall not be investigated over the phone.
Officers conducting all criminal investigations will, whenever possible, record oral victim and witness statements in lieu of written statements. Statement evidence obtained during an initial investigation can be very powerful evidence in determining the course of an investigation; ultimately impacting charging decisions and convictions. It is not necessary to advise a victim or witness that their statement is being recorded.
Officers should use discretion when determining the best method of recording depending on the circumstances of the event. For example with cases of domestic or sexual violence, a discrete and low profile approach to recording would be appropriate in an effort not to add to the distress the victim may already be experiencing. Policy 325 - Preliminary Investigation/Required Reports - Duluth Police Department Lexipol Policy and Procedure Manual http://www.duluthmn.gov/media/304979/release_20171106_t124845_duluth_pd_policy_manual.pdf
Brady Material Disclosure
612.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called #Brady information#) to a prosecuting attorney.
612.1.1 DEFINITIONS Definitions related to this policy include: Brady information - Information known or possessed by the Beltrami County Sheriff's Office that is both favorable and material to the current prosecution or defense of a criminal defendant.
612.2 POLICY The Beltrami County Sheriff's Office will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Beltrami County Sheriff's Office will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Office will identify and disclose to the prosecution potentially exculpatory information as provided in this policy.
612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Deputies must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If a deputy learns of potentially incriminating or exculpatory information any time after submission of a case, the deputy or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office. If information is believed to be privileged or confidential (e.g., confidential informant or protected personnel files), the deputy should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If a deputy is unsure whether evidence or facts are material, the deputy should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Office case file. Beltrami County Sheriff's Office Policy 612 Brady Material Disclosure
Where Oh Where Are Some Example Of Magically & Mysteriously Missing Preliminary Audio Statements?
Q: Alright, date is 11/18/2015 time is 1430 hours, location is 20916 140 th street is that correct?
A: Yes. ...
Q: And I am speaking with Doug Dahlen, Doug can you state your full name and date of birth for me?
A: Douglas C. Dahlen, 09/18/62 ...
Q: Youth ranch, ok, the reason we came here today was we were investigating a two missing persons, ah Samantha and Gianna Rucki, ah we came to your house earlier today is that correct?
A: Yes.
Q: Ah myself, also ah Inspector Matt Rann from the US Marshall Service as well as a couple officers from the Grant County Sheriff’s office.
A: Correct
Q: Ok ah we ah spoke with you earlier told you why we were here, you told us that Samantha and Gianna were here, that’s correct?
A: Yes
Q: Ok and from what you under- from what you told me earlier, Samantha and Gianna were brought here by their mother, is that correct?
A: Right
LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 STATEMENT Date: 11/18/2015 Time: Location: 20916 140 th St. Herman, MN Statement of: Doug Dahlen Statement taken by: Det. Dronen Transcribed by: 2830 Page 2.
Example #2:
LAKEVILLE POLICE DEPARTMENT CASE/INCIDENT NUMBER 13001278 SUPPLEMENT REPORT OFFICER CURRENT DATE K. Coughlin #4812 FORWARD TO NCIC PC DETAIN INV ASSIGNED SENT TO County Attorney FORFEITURE APP SPVR DISPOSITION 713B 112315 CURRENT TIME CSU: ON SCENE DCSS CROSS REPORT JUV REF RECORD STATUS Pending DATE PROCESSED 11/23/15 0930 EVID SUBMITTED MED REL ENTERED BY ST NARRATIVE/ELEMENTS:
On 11-18-15 I assisted Detective Dronen in executing a search warrant at the White Horse Ranch in Herman, MN. Detective Dronen first made contact at the White Horse Ranch with the US Marshall and once the girls were found, he notified us immediately. I had been waiting in the area and then responded to the White Horse Ranch. I sat with Samantha and Gianna Rucki while plans were being made to bring them back to Dakota County. Samantha and Gianna were very quiet however talked about the White Horse Ranch and their responsibilities there. While I sat at the kitchen counter with them Doug Dahlen made a comment to the girls that they knew they were going to have to face this sooner or later. The girls told me that they have been keeping up on their studies with home school materials. I asked them how the annual picnic was for the White Horse Ranch held back in September and they said they were in the house the entire time. The girls told me that they went to church a couple times when they first got to the White Horse Ranch but then Gina and Doug began having church at home. Both girls made it very clear to me that if they were forced to go with their dad, they would run again. The girls told me they had bad experiences with the therapist they were mandated to see before they ran. They also told me the guardian ad litem was never concerned about their thoughts or feelings. They said the guardian ad litem asked them questions about where their mom was hiding her money and wanted to know if she was putting the money overseas. The girls stated no one ever listened to them.
Once plans were made for Samantha and Gianna’s return, Detective Dronen and I drove them to the Lakeville Police Department. Then with the help of the Jacob Wetterling Foundation, arrangements were made for Samantha and Gianna to be medically examined at Fairview Riverside Children’s Hospital. I then transported them to the hospital and stayed with them until rooms were made available for them. Samantha and Gianna were found to be in good health.
On 11-20-15 at approximately 1130 hours I responded to Fairview Riverside Children’s Hospital to bring Samantha and Gianna to a foster home. After speaking with Social Services, it was determined that a foster care home would be best for their placement at this time. A foster home was found that had horses and other animals to help make the transition easier. I placed the girls on a 72 hour police and health welfare hold. We met Social Worker Paula Pletsch at the foster home. Paula spoke with the girls for a bit and their main concern was they did not want to be with their dad.
Status: Arrest
More to come . . .
Related links:
MinnPost Hack Michael Brodkorb Files False Police Report Against Kimberley Bukstein/Raths? Bukstein's/Raths' Crime Is Positing On Twitter? Former Star Tribune/Current MinnPost Hack Creating Drama Drama Drama Evidence? Sounds Like Hack Tony "The Psycho" Webster, Doesn't It?
