Confusion Continues in Rucki Case

The confusion surrounding the Rucki case continues.

Though she thought she was supposed to serve the next portion of her sentence, Dede Evavold learned two days before that was scheduled that this was not the case, but that her prison sentence is over but not her probation.

The confusion comes from the fact that everyone recommended that Evavold serve part of her sentence 15 day at a time in chunks over a six-year period, but Judge Asphaug did not rule that way.

Furthermore, Evavold was not given a copy of Asphaug’s court order until days before she was to serve her sentence on April 19, 2018: the date chosen because this was the day the girls ran.

So, almost everyone, and specifically Evavold, assumed she was to serve the next portion of her sentence on April 19, only to learn shortly before she does not have any more prison time to serve.

Here’s part of the argument made by Dakota County Prosecutor Kathleen Keena on Evavold’s sentencing held on November 10, 2016: “In number two, the probationary department -- Probation Department is recommending that she serve 15 days in jail commencing on April 19th, 2018, and that she serve 15 days in jail every year that she's on probation. The State would request that that be modified so that she is serving 15 -- or actually, to be equivalent to what Ms. Grazzini-Rucki received, it would be 12 days, and that 15 that actually be commenced on November 18th, 2017, which is 16 the anniversary date of the girls' recovery. That she also be required to complete 10 days of 18 STS each year for each year that she's on probation and that 19 that be completed by November 17th of each year.”

2016 11 10 Sentencing Hearing by mikekvolpe on Scribd

Keena was referencing a probationary recommendation report which was filed on November 9, 2016, which was written by Kaiya Rahm, a probation officer and even Phyllis Grubb, the supervisor.

This report did indeed recommend that Evavold serve her sentence chunks at a time starting on April 

'

Dakota Community Corrections by mikekvolpe on Scribd

19, 2018.

Evavold has assumed this was the order since; one reason she assumed this is because this was the sentence given to Sandra Grazzini-Rucki.

Another reason is because she was not given a court order until shortly before she was to serve.

When she inquired about the next portion of her prison sentence days before April 19, she was told she was not ordered to serve and sent this court order.

But in Asphaug’s court order dated December 10, 2016, Asphaug noted: “Commit to Commissioner of Corrections at the MN Correctional Facility- Shakopee for 12 Months and 1 Day. Sentenced is stayed for 4 years.

“This sentence consists of a minimum term of imprisonment equal to two-thirds of the total executed sentence.”

3006a Orders - Sentencing - Evavold, Deirdre - Case # 19ha-Cr-15-4227 - 11-14-2016 by mikekvolpe on Scribd

Though, confusing, Asphaug had effectively sentenced Evavold to four months in prison- which she’d already served- and stayed- or put off the rest- while keeping Evavold on probation for four years.

The confusion even caught Michael Brodkorb who still found a way to blame Evavold, “Dede Evavold was not required to report to jail today, despite Evavold herself publishing documents which claimed she was scheduled to serve 15 days in jail starting on April 19, 2018, and continuing each April 19 until 2023.

“Evavold created the confusion last year when she published documents which detailed her scheduled for reporting to jail for the next six years related to her felony convictions for her role in the disappearance of Samantha Rucki and her sister Gianna, who were abducted near their home on Lakeville by their mother Sandra Grazzini-Rucki, during a custody and divorce proceeding.

“After reviewing court documents which conflicted with Evavold’s claims, court staff at the Dakota County Judicial Center was able to verify that the information posted by Evavold was incorrect and she was not required to report to jail today.”

The maximum sentence for Evavold’s crime is one year and one day; though it’s presumed probation for someone like her with no criminal record, she was still sentenced to time in jail and four years of probation, a reduction from the recommendations of the prosecutor and the probation department, which wanted her to serve the maximum and in chunks at a time.

Sandra Grazzini-Rucki initially got the maximum and was supposed to serve it chunks at a time even though she too had no prior criminal record until that was overturned by an appeal’s court.

Both Evavold and Grazzini-Rucki were convicted in the fall 2016 of deprivation of parental rights for hiding two of Grazzini-Rucki's daughters from her abusive ex-husband- her ex-husband David Rucki has been involved in a bar fight, a road rage incident, incidents of stalking, once stuck a gun to his son Nico’s head, and chased after his daughter Samantha on her thirteenth birthday.

(A full dossier of David Rucki’s violence can be found here).

Asphaug- who presided over both trial- disallowed almost all the evidence of violence into their trials. 

Update: I've confirmed with a source that Sandra Grazzini-Rucki is currently in Dakota County, Minnesota, having made the transport from Florida, but that there was an accident along the way and she sustained injuries. 

"Driver for whatever reason slammed on the brakes (and) put the vehicle in park with it going about 40 miles an hour. (S)everal of the prisoners were hurt and sent to the hospital," the source noted, "Sam (Grazzini-Rucki) was one of them."