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Saturday, December 28, 2019

Tuesday, December 24, 2019

Lisa Elliott Finally Files Against Dede Evavold

                                                        (Minnesota Judge Karen Asphaug)
It appears I have the power to puppeteer corrupt judges and lawyers to act in cases they'd like to ignore when it involves the Rucki story at least.

Last week, Lisa Elliott, who represents David Rucki, filed her response, somewhat belatedly, upon the order of Judge Jerome Abrams.

Judge Abrams had given all parties in her lawsuit against Dede Evavold and several others one month to come to an agreement or to list all the issues which still remained.

Shortly before Elliott filed, I wrote an article on the case in which I noted, "State Farm conferred with the Ruckis’ attorney to discuss a potential joint resolution. Given the Rucki’s counsel this Court asserting that there is coverage under the PLUP,there does not appear to be room for compromise between State Farm and the Rucki’s in the declaratory judgment action. ( Id . at ¶ 10, Ex. I, pg. 1).To date, there has been no response from the Ruckis’ counsel to State Farm’s emails from November 4 and 12, 2019, and December 2, 2019."
I don't think it is very professional for David Rucki and his attorney, Lisa Elliott, to initiate a lawsuit and then stop participating when things get complicated, but at least for now, that appears to be Ms. Elliott's tact. 
The article was written on December 16, 2019; and Elliott had not yet filed her response to this judicial order.
The very next day she did.

I didn't believe the timing was coincidental, stating in part in a follow up email to her (Elliott), "The next day you file something. Is this a coincidence?"

Elliott did not respond. 

Her response also has some interesting tidbits like that Sandra Grazzini-Rucki, technically also a defendant in this lawsuit has never been served, "The Rucki’s have settled with several of the Defendants but have not be able to effect service of the Summons and Complaint on Defendant Sandra Grazzini-Rucki."

Here is Judge Abram's ruling from September 2019, for more on the lawsuit.
Elliott did not note that her client, Samantha Rucki, has also not been served even though that appears to be the case. It's noteworthy that Elliott has been engaging in child support matters with Grazzini-Rucki even as this case has moved forward. 

Here is more on the child support case which only ended in September 2019

It's not clear how Elliott could serve Grazzini-Rucki in child support and fail to serve her for this lawsuit, but rules don't seem to be a problem for her and her client in court so I'm sure that Judge Abrams will overlook this oversight. 

What is even more interesting is this not the first time that an article- or in one case an email- by me has caused sudden movements in court by players associated with the Rucki case. 

In late November 2019, I wrote about how Judge Karen Asphaug had popped up on another Dede Evavold matter. 

Evavold is facing criminal charges for violating a harassment restraining order by sending an email to a lawyer. That HRO was implemented because she received a photo, though no one is sure what if anything she did with it.

I noted in that article that Judge Asphaug had popped up on the case. It is not the first time Asphaug has popped up in Dede Evavold's life. 

Earlier in 2019, Asphaug granted David Rucki a fifty year, or one which ends in 2069, restraining order because Evavold repeatedly wrote blog posts he did not like. 

That HRO, granted without a hearing, is below.
Extended HRO by mikekvolpe on Scribd

Remarkably, the day after I wrote said article in November 2019, Asphaug quietly removed herself from that case.
Then, there is the retired, but awfully busy, Judge Kathleen Gearin. 

On March 2, 2019, I wrote an article noting that she was not making a decision, which should have been due in the previously noted Rucki child support case. 

I noted in part,

It appears the judges handling Sandra Grazzini-Rucki’s child support are not entirely sure what to do.As I recently reported, the judge assigned to the case, Judge Phillip Kanning, is no longer assigned.Meanwhile, a motion first filed in October continues to languish three weeks after a hearing to argue it was held.
That motion awaits a decision from another judge, Kathleen Gearin.
Both Gearin and Kanning are retired judges.
March 2, 2019, was a Saturday. By Monday 4, 2019, Gearin had suddenly made her decision.

Sandra Grazzini-Rucki is homeless, jobless, and has not seen any of her children since 2013, while David Rucki is a multi-millionaire who somehow qualifies for state aid for poor folks known as Minnesota Care, but this did not stop Gearin from affirming a previous order stipulating that the homeless woman pay the multi-millionaire child support.

I discussed the whole child support affair in this interview.

 You can also find more here.

However, the most curious coincidence comes from Judge Asphaug again.

Judge Asphaug, as I noted in this article, seems to always pop up when a Rucki related matter arises.

In 2013, the family court insisted that David Rucki take care of all his children; the courts insisted this despite his history of violence and abuse:  a bar fight, a road rage incident, threatening to kill his in-law, stalking his ex-wife, choking her, and repeatedly violating protective orders.

He also chased after his daughter Samantha on her thirteenth birthday until she barricaded herself in her house. His son, Nico, told CPS that when he was eight years old his father stuck a gun to his head.
The judge, David Knutson, insisted that the five Rucki children must live with their father and ordered as much, or sort of. 
On April 19, 2013, the two oldest girls, Samantha and Gianna, were told they'd be living with their paternal aunt, Tammy, and this would eventually lead to living with their father. 
They were transported by police escort and taken to their home where their aunt awaited. About a half hour after the police left, so did the two girls, who called their mother, or at least the person she was with. Their mother took them to Evavold's who recommend they stay with Doug and Gina Dahlen, a couple living in another part of Minnesota who ran a shelter for abused children; this stayed this way until the girls were found in November 2015. 
Now, all four- Grazzini-Rucki, Evavold, and the two Dahlens- are convicted felons. 
The judge on all four cases is Karen Asphaug, one of many remarkable coincidences. 
Well, Asphaug thought Grazzini-Rucki's crimes were so significant that not only did she sentence Grazzini-Rucki to the maximum, a year and a day, but told her to serve what remained fifteen days at a time, once per year, over a period of up to six years. 
The next year an appeals court ruled this was cruel and unusual punishment and ordered Asphaug to re-sentence Grazzini-Rucki. 
That was in November 2017.
By February of 2018, Asphaug had done nothing. 
So, on February 5, 2018, I sent Asphaug, and approximately forty of her cohorts, an email. Here is part of it, "Here's something I don't understand. According to Sandra Grazzini-Rucki's docket, there was supposed to be a hearing in December to resentence Sandra Grazzini-Rucki. That was after the appeals court decided that the sentence was cruel and unusual punishment. After all, not only did so-called Judge Asphaug sentence Ms. Grazzini-Rucki to the maximum even though she had no criminal record but made her serve her sentence a little at a time over six years. But now that this has been ruled unconstitutional, the judge has done nothing. She's on vacation until February 20 and since cancelling the hearing she has not scheduled a new hearing. Did you know that so-called Judge Asphaug called this the worst crime she's witnessed from the bench. That's how over the top she was when she sentenced Ms. Grazzini-Rucki. So, if it is so bad, why has she failed to resentence her and have her complete her sentence? That appears to be incompetence on a grand scale, the sort which gets judges removed from benches. So, why aren't any other journalists covering it?"
I even attached the docket for the case at the time. That's below and it, at that point, had no movement since December 2017.
Two days later, February 7, 2018, the docket was updated for a hearing to re-sentence Grazzini-Rucki, even though Judge Asphaug was on vacation. The updated docket is below.
I'm happy to play my part in moving cases along though it would be easier for everyone, except David Rucki, if they were just decided honestly.

In case anyone is wondering, Asphaug proceeded to sentence Grazzini-Rucki to the remaining time for the maximum amount. Since Grazzini-Rucki was living in Florida, she began serving her sentence in a jail there; Asphaug insisted she be moved to Minnesota, even though there was less than month left by the time this happened, so Grazzini-Rucki was transported cross country to Minnesota were she completed her sentence.

Thursday, December 19, 2019

On Action Radio

We were talking about Judge John Dalton again. Here are the articles about him again.

I come on in the second hour but also check out an interesting discussion on internet privacy right before I come on.

Check Me Out

I start at about 7 hours and 45 minutes in.

Wednesday, December 18, 2019

Monday, December 16, 2019

On Tom Roten

 Find the articles for background here and here.

State Farm Vs. Its Clients

                                                          (Judge Jerome Abrams)

The case of David Rucki suing several people including Dede Evavold continues to go haywire.

When last we left off, Judge Jerome Abrams told all parties to settle their differences in a month or let the court know what issues still remain. His order is below.
That was on October 31, 2019, and Judge Abrams gave all parties thirty days to settle their differences or provide him with any outstanding issues to resolve.

Unsurprisingly, the parties did not settle their differences by the due date.

This action is borne of a lawsuit filed by David Rucki for defamation and other things against Dede Evavold and other parties.

Evavold is a homeowner and State Farm handles her homeowner's insurance company.

In a moment of naivete, Evavold thought her insurance company might even insure her when this lawsuit came about and asked for help.

Not only did State Farm- using the law firm of HKM Law Group- refuse to provide representation but their law firm even went so far as to demand that Evavold and her husband, Darren, be deposed in order to prove that State Farm were not required to help their homeowners. The demand for a deposition is below.
  Evavold and her husband refused to show up repeatedly to depositions and Judge Abrams appeared to pour cold water on the idea when he issued his October 31 ruling without addressing State Farm's demands.

You see David Rucki has:  a bar fight, a road rage incident, threatening to kill his in-law, stalking his ex-wife, choking her, and repeatedly violating protective orders.

He also chased after his daughter Samantha on her thirteenth birthday until she barricaded herself in her house. His son, Nico, told CPS that when he was eight years old his father stuck a gun to his head.
However, don't tell anyone in Minnesota- not the police, the courts, or the media- because to them he is a swell guy. 
It appears that State Farm sees David Rucki the same way; as such, they refuse to defend Evavold, who they say acted maliciously and deserves everything she gets. 
To sum up, on April 19, 2013, two Rucki children- Samantha and Gianna- were told they were going to live with their aunt on their father's side and this was a transition to living with their father, despite him sticking guns to children's heads, choking their mother, and even making sexual comments to his daughter. 
They were escorted by the local police to their home where their aunt awaited them and then about thirty minutes after the police left they left. 
They found their mother who took them to Evavold who suggested they stay with Doug and Gina Dahlen. 
Now, all four are considered criminals, felons even. 
Here is more on the swell David Rucki. This was made by Samantha while on the run. 

State Farm can see no good reason why Evavold did anything she did so they see no reason to defend their homeowner even though she has faithfully paid her homeowner's insurance just in case such a moment comes up.

So, several months ago, David Rucki sued. Here is part of a Judge Abrams judicial order.
After State Farm refused to defend its client, everything went haywire and everyone sued everyone. So, there are now suits, countersuits, and who knows what else.

This brings us back to the present. After Judge Abrams order, State Farm did list all the issues outstanding. That is below.
 Here is LeHoan Pham's, the attorney representing State Farm, affidavit in support of this memo.

Remarkably, State Farm has more issues with their client, Dede Evavold, than with their opponent David Rucki. 

State Farm still wants to depose the Evavold's, State Farm still doesn't want to represent their clients, "State Farm seeks the opportunity to establish that Ms.Evavold has disavowed coverage under the PLUP."

State Farm also says they should not pay David Rucki anything. 

Remarkably, it appears that David Rucki has given up on the case. 

Buried in the footnote of State Farm's attorney's filing is this nugget, "State Farm conferred with the Ruckis’ attorney to discuss a potential joint resolution. Given the Rucki’s counsel this Court asserting that there is coverage under the PLUP,there does not appear to be room for compromise between State Farm and the Rucki’s in the declaratory judgment action. ( Id . at ¶ 10, Ex. I, pg. 1).To date, there has been no response from the Ruckis’ counsel to State Farm’s emails from November 4 and 12, 2019, and December 2, 2019."

I don't think it is very professional for David Rucki and his attorney, Lisa Elliott, to initiate a lawsuit and then stop participating when things get complicated, but at least for now, that appears to be Ms. Elliott's tact. 

In any case, the suit is supposed to go to trial at the beginning of February. 

State Farm through their attorneys are asking to push the trial back to May. 

Nothing is resolved. 

I reached out to Elliott, Judge Abrams, and the four Minnesota court public affairs officers- Lissa Finne, Kyle Christopherson, Alyssa Siems Roberson, and Beau Berentson- but none responded to me. 

The folks at HKM Law Group have blocked my email address. 

The Eclectic Career of Mary Ann Burns

The article is here. 

Wednesday, December 11, 2019

Tuesday, December 3, 2019

Chicago Police, Courts, And CPS Ignored Warnings Before Death Of Two Year-Old Child

The article is here. 

Monmouth County Court Revealed

Approximately three years ago, Monmouth County, New Jersey might have been the center of the universe for judicial corruption; the court corruption appears to be resurrecting. 

Paul Escandon

                                       (Judge Paul Escandon from Ballotpedia)

In 2016, Paul Escandon received a lifetime appointment, despite complaints from approximately two hundred women.

In patterns, Escandon would force women into homes they couldn’t afford, bar them from moving, until they were foreclosed or otherwise removed.

He would also routinely switch custody during or after the process.

At the hearing in April 2016, the New Jersey State Senate heard from several of the women, including Patricia Madison.

Madison’s ex, Nicolas Pisciotti, was a reputed mobster who was in witness protection at the time Escandon gave him physical custody of their three young children after Madison moved out of county- and out of Escandon’s jurisdiction- and Escandon gave him physical custody for purportedly violating his court order not to move.

Here is part of a local story,

At one point during a Senate Judiciary Committee hearing Monday, Madison yelled out from the audience, "You ruined my children's lives. It's deliberate. (Escandon) defrauded the court. He's a (expletive) criminal."

Pisciotti is a reputed mobster who confessed to a killing, testified against other mobsters, went to prison and refused witness protection when he came out.
Over the course of two years, Escandon:
  • Barred Madison from moving from Marlboro, where she claimed she could no longer afford to pay for the family's home. 
  • Awarded custody of Madison's three children to Pisciotti when Madison disobeyed Escandon's order and moved to North Jersey to attend Fairleigh Dickinson University and find work in New York City.
  • Reduced Pisciotti's $3,000 monthly alimony payments after months of non-payment, citing a desire to "keep the money flowing."
Escandon still was voted for a lifetime appointment by the New Jersey State Senate, despite this and other testimony.

Most recently he gave a break to a suspect accused of possession of child pornography; that man, John Ozbilgen, then killed himself after being suspected of the murder of an ex-girlfriend, Stephanie Parze.

On November 19, 2019, Judge Paul Escandon released Ozbilgen from jail even though Ozbilgen had not only been charged with possession of child pornography but was a “person of interest” in the disappearance of his ex-girlfriend, Parze.

Judge Escandon released Ozbilgen on bail.

Here is part of a local story, “Ozbilgen was brought into court Tuesday in green prison clothes and listened as the Monmouth County prosecutors laid out their reasons why Judge Paul Escandon should keep him behind bars while he awaits trial. Prosecutor said 10 images of babies and young girls showed those children being abused and tortured by adult men, and that those images were discovered on the unemployed stockbroker's phone by detectives investigating Parze's disappearance.

"’We further learned that there was a pending domestic violence case from September 23, 2019, involving Ms. Parze, in which the defendant was alleged to have struck Stephanie Parze in the head and threatened her before she took off running down the street,’ Assistant Prosecutor Caitlyn Sidley said. ‘Detectives learned that this defendant was texting and Facebook messaging Stephanie Parze the night before her disappearance.’

“The case is such that bail is generally granted, and as Ozbilgen is not facing charges in connection to Parze's disappearance, the judge said he would only consider the current circumstances.”
Ozbilgen had been a suspect in his e-girlfriend’s disappearance since she went missing after leaving a family event on October 30, 2019.

On November 21, two days after Judge Escandon released him from jail, Ozbilgen appears to have taken his own life. Here is more from the local NBC affiliate.

“John Ozbilgen apparently killed himself in his Freehold Township home overnight, the sources said, days after Monmouth County prosecutors classified him as a person of interest in the disappearance of Stephanie Parze.

“Parze vanished after dropping her parents off at their house following a family night out on Halloween Eve. She hasn't been seen since, though searches have led authorities across multiple states and counties. 

“Ozbilgen died just days after he was ordered released from jail in connection with an unrelated child pornography case. It was the day of that hearing, when the judge ordered him released, that prosecutors for the first time called him a person of interest in the case of Parze, who had dated him for months.”  

James Troiano

Outside of Monmouth, the county has most recently been known for the behavior of  Judge James Troiano who made a bizarre defense of a rape suspect, arguing he should not be charged as an adult because he came from a good family.

Here is part of a local article, “A Monmouth County Superior Court judge is under scrutiny after describing a 16-year-old accused of aggravated sexual assault, as a teenager who ‘comes from a good family who put him in an excellent school.’”

“Family division Judge James Troiano denied the prosecutor’s office waiver to try a 16-year-old in adult court. The teen is accused of recording himself sexually assaulting an intoxicated 16-year-old girl then sharing the video with his friends.”

Troiano and Escandon are just the tip of the proverbial iceberg, according to my investigation.

Mara Zazzali Hogan and Joseph Flynn

Two judges were charged and then had this charge summarily dismissed by their fellow judge.
According to a New Jersey State Police investigative file, here is how the actions of two of the judges are described, “Within the jurisdiction of this court, Mara Zazzali Hogan and Joseph P Flynn of Monmouth County New Jersey have colluded and attempted to provide knowingly false or misleading information to law enforcement (who are direct subordinates) in an attempt to discredit, dissuade, harass, and possible to imprison Michael Chaplin.”

This complaint was filed in October 2019; in November 2019, the prosecutor dropped the charges.
Chaplin is a divorce litigant in Monmouth County. In fact, his divorce is ongoing and nearly eight years, with no apparent end in sight.

In September 2018, Chaplin made a You Tube video  
pinning the blame for his never-ending divorce in particular on both Judge Flynn and Judge Zazzali Hogan.

“In this case which has been going on for six and a half years,” Chaplin said in the 2018 video, “Let’s start with Mara Zazzali Hogan who luckily recused herself after launching her own special policy investigation and had detectives showing up and talking to me, all of which turned out show absolutely nothing.”

Chaplin said in the video that he had not seen his son in three and a half years at the time he made the video.
Of Judge Flynn, Chaplin stated that he had several conflicts which should have made him recuse himself. His father-in-law and Chaplin’s ex-wife’s father worked together for ten years.

They worked in a doctor’s office which was two offices, in a double trailer, but according to Chaplin, when confronted, Judge Flynn stated, “How do I know they knew each other?”

Judge Flynn also had a gala ball thrown in his honor in 2012; that ball was sponsored by Chaplin’s ex-wife’s firm.

Chaplin said Judge Flynn refused to recuse himself from his case; he continued to enforce orders barring Chaplin from any contact with his son.

Chaplin has physical custody of other of his children.

After Chaplin issued a subpoena to Flynn, Flynn was represented by the State’s Attorney General’s Office before Flynn finally relented and recused himself.

Chaplin still has no access to his son now about four and a half years later.

Flynn is no stranger to controversy. Several years ago, he fined Karen Welch $25,000 for missing a court appearance; Welch’s case made national news when she was featured on Investigation Discovery, after her ex-husband stalked her relentlessly, an action Monmouth Courts did not to discourage.

While, Chaplin’s divorce is about years long, it is not even the longest in Monmouth County.

Judges Linda Grasso Jones and Patricia Del Bueno Cleary

The dubious distinction goes to the divorce of Rachel and Bryan Alintoff, at nearly nine years.
One of the principle judges there, Judge Linda Grasso Jones, is one of two other Monmouth County judges accused of financial shenanigans in a civil lawsuit.

The other judge is Patricia Del Bueno Cleary. Here is part of a story in Bloomberg.

“In her recent filings in bankruptcy court, Ms. McEwan named two Superior Court judges as participants and beneficiaries in what she says was a scheme to defraud New Jersey homeowners: Judge Patricia Del Bueno Cleary and Judge Linda Grasso Jones. The filings evidencing her allegations can be downloaded here.

“These filings also name the financial predators, lawyers, law firms, major banks and their network of loan servicing companies, as well as local, county and state officials.”

I covered Alintoff’s case in 2014, when it was only four years ongoing.

In Alintoff’s case, she was diagnosed by the court-appointed psychologist, Dr. Patricia Baszczuk, with ‘cyclical outbursts’ disorder,” I said in 2014, “a disorder which appears to have been coined by Baszczuk and has never been used widely. This so-called diagnosis was used to take custody Alintoff’s son away from her.”

Cyclical outbursts was a diagnosis Baszczuk created and is not recognized by the DSM, the Diagnostics Statistical Manual of Diseases and Disorders.

Baszczuk continues to be a fixture as a court appointed psychologist in Monmouth County.
Alintoff insists that as a result her son does not receive the care he needs since he is special needs and that only last week, the United States Department of Education opened a preliminary inquiry into mistreatment of her son by his elementary school.

That diagnosis by Baszczuk was the basis for Judge Grasso Jones to give Alintoff’s ex-husband physical custody.

According to a source, Baszczuk is currently under investigation by the New Jersey Attorney General's Office.

I reached Baszczuk by email but she did not provide a response. 

Angela Dalton

I have also received this quote from a divorce litigant who would like to remain anonymous about Judge Angela Dalton.

Dalton has been a judge since 2013; she was moved to Monmouth County in 2014.

Alintoff has been in front of nearly every judge in Monmouth County over her long affair and said this of Dalton.

“During the trial, even members of the women’s protection agency in NJ called 180, made comments to my attorney as to why Judge Dalton was allowing Bryan Alintoff to be verbally abusive inside the courtroom.   At the end of trial, when Dalton did not grant a final order of protection she made negative comments about recording the assault and victim blamed me."   

“Similar to Judge Kathleen Sheedy’s making comments only a few months ago on the record yelling at me for taking photographs of my autistic son being sent to school for over 18 weeks under his father’s care with feces stuck to his tush and underwear." Alintoff stated. "The overall attitude with the Judges in Monmouth County is that if you collect evidence that proves your case and you are a protective parent; they punish you even harder.   Even when that evidence shows clear child neglect, medical neglect and child abuse, there have even been cases that I know of where the child is being raped by the abusive parent and Judges like Linda Grasso Jones, Judge Escandon and Judge Kathleen Sheedy not only look the other way, but they retaliate against the protective parent in a vicious and unlawful manner.”

Judge Kathleen Sheedy, who was also a part of Alintoff’s case, is also no stranger to controversy. During a child support hearing, when a mother said she needed more child support to afford to pay for food for her son at college, Judge Sheedy claimed the college student could get by on ramen noodles.

“Schools make you buy meal plans they want you to eat in their cafeteria,” Sheedy said during this hearing, “College students eat ramen noodles and drink vodka.”

I initially called Judge Escandon’s chambers for comment on his case, but I was directed to the Operations Department of the Monmouth County Courthouse for all questions related to any judge.
I sent a list of questions to Janet Slocum in the Operations Department, but I received no response from her or anyone else.

Professor Takes on Big Data in Hearing

The article is here.