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Wednesday, April 11, 2018

Grazzini-Rucki and Evavold Illegally Made To Serve Jail Time

                                                          (So-called Judge Karen Asphaug)


In a new stunning revelation, both Sandra Grazzini-Rucki and Dede Evavold have been illegally held the entire time of their sentences in jails rather than prisons.

While to the layman a jail and a prison means the same thing, there is actually a huge difference in the incarceration world.

This has been done through fraud and heavy handed rulings by Karen Asphaug, the so-called judge in the criminal case. 

At one point, Asphaug, even stated: “I will not waste a bed in Shakopee (the only women’s prison in Minnesota) on you,” to Grazzini-Rucki.

This was confirmed by Sarah Fitzgerald, a spokesperson for the Minnesota Department of Corrections, which runs the prison system.

"Sandra Grazzini-Rucki was never incarcerated with the Minnesota Department of Corrections. We have one female prison, in Shakopee Minnesota, and she was not committed there. You may need to check with the county jails." Fitzgerald stated in an email.

Here is part of an explanation for the differences between a prison and a jail from the websiteHG.org.

At the most basic level, the fundamental difference between jail and prison is the length of stay for inmates. Think short-term and long-term. Jails are usually run by local law enforcement and/or local government agencies, and are designed to hold inmates awaiting trial or serving a short sentence. Often “short” is designated as a misdemeanor conviction versus a felony, so in some instances where misdemeanor sentences are run consecutively, one may spend more than a year in jail. Jails often operate work release programs and boot camps, and some offer educational, substance abuse, and vocational programs. While many of these programs are designed to help the inmates change their lives and improve themselves so they stand a better chance of avoiding a return visit, they also have the added benefit of keeping the inmates occupied and less likely to cause problems for jailers.

Prisons, on the other hand, are typically operated by either a state government or the Federal Bureau of Prisons (BOP). These are designed to hold individuals convicted of more serious crimes, typically any felony. Prisons offer different programs to inmates depending on the inmate's level of custody (i.e., minimum, medium, or maximum security, solitary confinement, etc.). Minimum and medium security programs include halfway houses, work release programs, and community restitution centers. Typically those who are eligible for such programs are nearing the end of their prison terms. 

Because prisons are designed for long-term incarceration, they are better developed for the living needs of their populations. Jails, on the other hand, tend to have more transient populations and less well-developed facilities. As a result, many inmates prefer their stays in prison given the more regular life, the greater availability of programs, and better facilities. Indeed, many repeat offenders will ask for prison time rather than time in jail followed by probation if given the option. Some inmates complain that jail, given its constant flow of people that can often interfere with an inmate's ability to sleep, eat on a regular schedule, or participate in exercise. Some jails also suffer from budget shortages that lead to lower quality or inadequate food. these issues often lead to claims of violations of the inmate's right against cruel and unusual punishment. However, such claims are rarely, if ever, successful.

Grazzini-Rucki and Evavold both spent time in both Ramsey and Dakota County Jail. 

Indeed, given that both Grazzini-Rucki and Evavold were convicted of low level felonies there was no reason for either to spend their entire sentences in jails.

Once sentenced, they were supposed to be sent to a prison.

Furthermore, Grazzini-Rucki was forced to spend approximately five months in jail awaiting her trial based on a fraud, and likely, those who perpetrated it committed for more serious crimes with impunity than what she has been convicted of.

Asphaug justified keeping her in jail because she called her a fugitive who had eluded the US Marshals for weeks, but she wasn’t a fugitive and Asphaug knew it, or should have known it.

The warrant for her arrest was sealed, so she couldn’t be a fugitive. That fact was manipulated in order to draw in the SWAT team from the US Marshals but even after the US Marshals realized they’d been had they continued to attack Grazzini-Rucki.

In support of a higher bail, members of the US Marshals actually testified to Asphaug that they couldn’t find Grazzini-Rucki for weeks, even though she was a flight attendant during that period and they could have gotten her schedule.

Yet, Asphaug gave her a $500,000 cash bond and sent her to jail not prison to await trial.
She also forced her to appear handcuffed and shackled for all appearances.

She has continued to make her serve jail time and the same for Evavold, even though Evavold was never even considered a fugitive.

Asphaug, three member of the Minnesota courts public affairs team, and the Department of Corrections, which runs the prisons, all did not respond to an email for an explanation of why both have remained in jails their entire stays.

Besides forcing Grazzini-Rucki to serve her time in jail not prison, Asphaug has also sentenced her to the maximum even though sentencing guidelines suggest that the maximum is only to be applied in cases with previous convictions, Grazzini-Rucki had nothing more than a parking ticket before this

Furthermore, Grazzini-Rucki was only convicted after Asphaug would not allow almost all evidence of abuse into the trial; this included all of the Child Protective Services reports, numerous criminal convictions of David Rucki, and any mention that anyone- there were ten people total including Sandra Grazzini-Rucki and her five children- had a restraining order against David Rucki.

Grazzini-Rucki was convicted in the fall 2016 of deprivation of parental rights for hiding two of her 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)


3 comments:

Anonymous said...

Do you know which day the judge said this to Sandra?

Why not post a copy of the transcript?

aclay said...

We see what is happening at our highest level of government, about the same, main stream media has most people lethargic we are going down fast, really, how much of the monies from China used to incarcerate the innocent, really? New talks about "rights" not hardly, what has happened with this in the federal courts? Or, is there some history there.

Sharon4Anderson said...

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