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STATE OF MINNESOTA DISTRICT

COURT

COUNTY OF DAKOTA FIRST JUDICIAL

DISTRICT

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4 State of Minnesota, SENTENCING

HEARING

5 Plaintiff,

6 vs. Court File No. 19HA-

CR-15-4227

7 Deirdre Elise Evavold, 8 Defendant.

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10 The above-entitled matter came duly on for sentencing

11 before the Honorable KAREN ASPHAUG, one of the judges

of the

12 above-named Court, on the 10th day of November, 2016,

at the 13 Dakota County Judicial Center, City of

Hastings, County of Dakota, 14 State of Minnesota.

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16 * * *

17

18 A P P E A R A N C E S

19 KATHRYN M. KEENA, Assistant Dakota

County Attorney, 20 appeared as counsel

for and on behalf of the plaintiff. 21

DEIRDRE ELISE EVAVOLD, Defendant

herein, appeared

22 personally, pro se.

(Whereupon, the following proceedings were duly

had of record:)

THE COURT: Well, good morning, everyone. This is

4 the matter of the State of Minnesota and Deirdre Evavold,

5 file HA-CR-15-4227. We are scheduling -- scheduled for 6

sentencing here today.

7 Counsel, please note your appearance.

8 MS. KEENA: Kathy Keena on behalf of the State.

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9 THE COURT: And Ms. Evavold, you continue to 10

represent yourself; is that correct?

11 THE DEFENDANT: Correct.

12 THE COURT: All right. Is the State ready to 13

proceed to sentencing?

14 MS. KEENA: It is, Your Honor.

15 THE COURT: The record should reflect that

16 Ms. Evavold was found guilty following a jury

trial of all

17 six counts in the complaint, each being counts of

deprivation

18 of parental or custodial rights involving two

minor children,

19 SVR and GJR. I ordered a presentence

investigation following

20 the verdict. Ms. Evavold declined to participate

in the

21 presentence investigation process and did not

cooperate with 22 the Probation Department in

the presentence investigation.

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The --

THE DEFENDANT: I did cooperate with that. I have

the right to remain silent, so I did meet with the probation

officer.

THE COURT: And the Probation Department did file a

very -- well, what's called a non-compliant PSI report

4 followed by an addendum detailing the severity level of the 5

offenses and the Minnesota Sentencing Guidelines criteria for 6 these

offenses.

7 So Ms. Keena, you may proceed.

8 MS. KEENA: Thank you, Your Honor.

9 Your Honor, the State just received the addendum to

10 the PSI this morning. I'm not sure that Ms.

Evavold has 11 received a copy or not.

12 THE COURT: Did you receive a copy of the PSI 13 addendum,

Ms. Evavold?

14 THE DEFENDANT: No.

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15 THE COURT: Okay. I can provide you with a copy

of

16 that.

17 (Off-the-record discussion between the Court and

18 the clerk.)

19 THE DEPUTY: (Handing.)

20 THE DEFENDANT: (Pause.)

21 THE COURT: All right. The record should reflect

22 that Ms. Evavold was provided a copy of the

PSI addendum. She has had the opportunity to

review it at counsel table and has now looked up

from reviewing the document, so we will proceed

with sentencing.

Ms. Keena.

MS. KEENA: Thank you, Your Honor.

Your Honor, in reviewing the addendum to the PSI, I

4 believe there are some corrections necessary in regards to 5

the counts that convictions could be entered in on.

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6 THE COURT: Go ahead.

7 MS. KEENA: And again, this is very confusing.

8 It's often thought that it's the girls that are the
victims

9 in this case, and while they are victims, victims

for 10purposes of the crime are actually Tammy Love

and David Rucki 11 because it was their rights

that were deprived.

12 So with that basis, the State is asking that the

13 Court enter convictions on Count I, which is

deprivation 14 involving David Rucki, and Count

III, which is deprivation 15 involving Tammy

Love.

16 As to the sentence that the State believes the 17 defendant

should receive in this case, it's the State's

18 position that Ms. Evavold should be treated the same and

19 receive the same sentence that Sandra Grazzini-Rucki

received

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20 in her case. This defendant was the nexus between Sandra

21 Grazzini-Rucki and the Dahlens. She's the one -- the

22 defendant is the one that found the location for the girls.

She knew of the location; she knew that the girls' father

was desperately seeking their return; she knew law

enforcement was seeking their return and actively searching

for the

girls.

She attended family court hearings in the Rucki

dissolution matter. She knew Judge Knutson had ordered the

4 parties to provide any information they had about the

5 whereabouts of the girls. This defendant has very close ties

6 to Michelle MacDonald, who was representing Sandra

7 Grazzini-Rucki in those dissolution proceedings. She had all

8 that information, she knew everybody was looking for those

9 girls, but yet for two and a half years, she remained 10

purposefully silent.

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11 And why she remained silent and her rationale for

12 doing so I think is more reprehensible than

actions taken by

13 Sandra Grazzini-Rucki. This defendant did it

purposely for

14 her ideological beliefs about the family court

system and her

15 complete disregard for the family court system and

used -16 used the Rucki family and specifically

those girls to try to

17 prove a point. And for that, she ought to be punished just 18

as harshly as the mother was.

19 So with that, the Court -- or the State is asking

20 the Court to enter convictions on the two counts.

On

21 Count I, the State is requesting that she be

sentenced to a

22 stay of execution of one year and one day and that

she be

placed on probation for a period of three years. On

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Count III, the State is requesting that she receive a stay

of execution of one year and one day and that she be placed

on probation consecutively to the probationary term in Count

I.

The State is requesting that the Court follow the

other recommendations set forth in the amended PSI, with a

4 few minor modifications. The first recommendation is that

5 she serve 180 days in jail and that she be given

credit for

6 44 days served. The State is asking that the Court

impose

7 that.

8 In number two, the probationary department --

9 Probation Department is recommending that she serve

15 days

10 in jail commencing on April 19th, 2018, and that

she serve 15

11 days in jail every year that she's on probation.

The State

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12 would request that that be modified so that she is

serving

13 15 -- or actually, to be equivalent to what

14 Ms. Grazzini-Rucki received, it would be 12 days,

and that 15that actually be commenced on November

18th, 2017, which is 16 the anniversary date of

the girls' recovery.

17 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.

20 That she pay a fine of $944. That she pay

21 restitution in the amount of $10,000 to the Crime

Victim

22 Reparations Board, joint and several with her co-

defendants.

That restitution be reserved for any expenses related to

David Rucki and Tammy Love as well as the affected children

for any therapy costs, counseling costs, and that that also

be joint and several with her co-defendants. That the Court

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specifically authorize that restitution be paid prior to any

other court-ordered financial obligations.

4 That she not have any direct or indirect contact

5 with David Rucki or Tammy Love or the two girls.

That she

6 have no direct or indirect contact with any of the

7 co-defendants, which is currently a condition of

her release.

8 That she abide by any active Orders for

Protection,

9 Harassment Restraining Orders, and No-Contact

Orders.

10 That she have no assaultive or threatening

11 behavior; specifically, that she -- and also

specifically

12 that she not engage in any harassing behavior

towards David

13 Rucki, Tammy Love, or any of the other -- or the

Rucki

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14 children. As this Court has been advised, this

defendant has 15 engaged in Internet harassing

activity with this family.

16 It's my belief that she released to -- I'm not going to

17 mention any names, but she did release the video of Samantha

18 Rucki's interview and her transcript and that that was

posted

19 on the website. It is that kind of harassing behavior 20

that -- that I'm trying to get her to stop doing.

21 That she complete a forensic psychological

22 evaluation and abide by any of the

recommendations. That she

complete a cognitive skills evaluation and follow

recommendations.

That she fully cooperate with the transfer of her

probation to her county of residence.

One thing that wasn't included in the

recommendations that the State is requesting is that the

4 defendant be prohibited from acting as an advocate in any

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5 dissolution proceedings in which child custody is in

dispute.

6 And then finally, that she follow the other 7

standard conditions of probation.

8 THE COURT: Ms. Evavold, what, if anything, would 9 you like

to tell me before I sentence you?

10 THE DEFENDANT: Well, a fair trial includes the

11 right to present a complete defense. I was made

aware that I

12 was also not provided with information on

Christina Fox, all

13 of the investigative data. I completed a consent

form that

14 was given to Stearns County to have that released,

and that

15 was willfully refused to be provided to my

husband, so I --

16 again, I didn't receive any of the preliminary

audio 17 statements on any of the witnesses, so I

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wasn't given a fair 18 trial and able to

complete a defense.

19 THE COURT: Is there anything else?

20 THE DEFENDANT: Also the witness tampering that I

21 was -- attempted to file a report on that. And

with

22 Samantha, that she was brought in and encouraged

to alter her

testimony, and that's a serious offense. So I'm requesting

that I be given a fair trial, a new trial, to be able to

have the evidence, review it thoroughly, and be able to use

it to my benefit.

THE COURT: Do you wish to respond to the request

for a new trial at this time?

4 MS. KEENA: Your Honor, the defendant did receive a

5 fair trial in this matter. It was her actions and

her

6 inaction in not wanting to participate under this

false

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7 belief that she did not receive all the discovery

in this

8 case. She received all the discovery in this case,

and this

9 nonsense about Christina Fox and Stearns County, I

have no

10 idea what she's referring to. She was given police

reports

11 that outlined what Christina Fox -- what

information she

12 provided to the Lakeville Police Department. I

have no idea 13 what she's talking about in

relation to Stearns County.

14 And as far as Samantha's statement is concerned,

15 Samantha testified at her mother's trial, and the

Court is

16 well aware -- and perhaps Ms. Evavold wasn't in

the courtroom

17 at the time, but the Court is well aware of what

Samantha's

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18 testimony was, and she clearly indicated that she

was not

19 forced to testify and that she was there on her

own free

20 will. And so this nonsense about pulling one

little sentence

21 out of Samantha's statement in support of a new

trial is

22 ridiculous.

THE COURT: Well, the motion for a new trial or the

request for a new trial is denied. The issues that were

raised by Ms. Evavold were repeatedly addressed during the

course of the trial, and we will proceed to sentencing at

this time.

I do have some questions for you, Ms. Evavold. I

4 recognize some of the people in the courtroom, but there

are

5 others that I don't recognize. Do you have any family 6

members who are here in support of you today?

7 THE DEFENDANT: Yes.

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8 THE COURT: Okay. I'm glad to hear that. Your --

9 during the course of the trial, you were

essentially alone,

10 and I'm glad to know that your family is here

supporting you.

11 I'm not sure -- I know that Ms. Grazzini-Rucki is

not here

12 today. She was not present for you during the

trial itself.

13 I don't know if any of those people who -- if there

are those

14 who encouraged you to take the actions you did

continue to

15 support you. But I'm glad to know that your family

is here

16 because they have been on this journey with you as

well, and

17 I'm sure that they love you and care about you.

And when all 18 of this is done, it's to your

family that you will return.

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19 And this case is about family; it's all about

family.

20 During the trial, I was struck by the

senselessness

21 of your actions, actions that have haunted each

member of the

22 Rucki family since April 19 of 2013. You have

shown no

remorse or understanding or comprehension of your actions.

You have not demonstrated any comprehension of how your

actions affected the lives of many, many people, those most

immediately affected -- the girls, their siblings, their

father, their aunt, grandmother -- but also the extended

family members, friends, and the entire community.

4 These children were missing for 944 days. Your

5 actions directly disrupted another family for 944

days and

6 longer because the girls have experienced

psychological 7fallout from their experience,

their ordeal.

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8 The mother of these children was motivated by

9 personal interest, but what was your interest in

the

10 Grazzini-Rucki family? You're not a -- you are a

stranger to

11 this family. The mother perhaps was motivated by

animosity

12 or malice towards the father. Perhaps her

motivation was a

13 misplaced belief that the girls weren't safe, but

what

14 motivated you to become involved? Not to become

involved in

15 but to intrude into the life of another family?

Not

16 friendship for the girls or with the girls: You

never met

17 them before the day they were taken from their

home. Not

18 friendship with their mother because you knew her

only

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19 briefly. We're left to wonder if you were

motivated by 20 political persuasion, by distrust

of the courts, by a desire 21 to pursue an

activist agenda of some sort.

22 But whatever your motivation, the jury's verdict

was clear. Your acts were illegal. You were the

intermediary. You made it possible for these children to be

secreted away from their father and siblings for 944 days.

At any time during those 944 days, you could have changed

course for the better of the children. You could have

informed the authorities about their whereabouts. But when

4 the authorities asked -- and they asked you on more than one 5

occasion -- you denied knowing where the children were, when 6 you

knew full well.

7 You could have pursued your agenda, whatever that

8 agenda may be, in a legal productive way, through

legal

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9 activism. Instead, you took matters, matters that

involved

10 another family, into your hands. You violated

boundaries,

11 but that's not why you're being sentenced. You're

being 12 sentenced because you violated the law.

13 The family is the cornerstone of our society. As

I

14 said in the sentencing of one of your co-

defendants, I'm not

15 a psychologist, I'm not a social worker or an

expert on child

16 development, but I am a mother, a grandmother, and

a judge,

17 and I believe, without hesitation, without a

doubt, that our 18 community, our children, these

children, need and deserve the 19 guidance and

love that a father brings to their lives.

20 Mr. Rucki was deprived of parental rights to two

of

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21 his precious children for 944 days. And he is

recognized in

22 the law, as is their aunt, who had custodial

rights, as the

victims of these offense -- offenses. But the ripple effect

is clear. The other victims, the secondary victims, if they

can be called that, are the girls and their siblings and the

other family members who were left behind.

In sentencing you today, I try to the best of my

ability to base your sentence on the facts of the case,

4 taking into account all of the circumstances that are legally

5 relevant. My sentence is based on the facts and the law, and

6 I strive by this sentence to do justice, which is a concept

7 on which reasonable people can differ but one that is based

8 on fairness, on accountability, and on community

standards as 9 those standards are articulated in law.

10 So having been found guilty following a jury trial

11 of all six counts of deprivation of custodial or parental

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12 rights, I am now going to sentence you. The starting point

13 for determining your sentence is the Minnesota Sentencing

14 Guidelines. The Minnesota Sentencing Guidelines establish

15 presumptive sentences that specify the duration and type of

16 disposition. The sentencing ranges provided in the

17 Guidelines are presumed to be appropriate for the crimes to

18 which they apply. And under Minnesota law, judges are

19 instructed to pronounce a sentence within the applicable

20 range unless identifiable, substantial, and compelling 21

circumstances exist to support a departure from the range on 22 the

Guidelines.

Deprivation of parental rights is a severity-level

one crime. You stand before the Court with a criminal

history score of zero. The Minnesota Sentencing Guidelines

call for a presumptive stayed sentence of one year and one

day on these offenses. In other words, the Sentencing

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Guidelines presume a probationary sentence, and I will follow

4 the Guidelines set forth in the Minnesota Sentencing 5

Guidelines for this sentence.

6 So having been convicted of Count I -- in Count I

7 of depriving another of parental rights, you are

adjudicated

8 guilty of that offense. I am sentencing you to

serve 12

9 months and one day in the custody of the

Commissioner of

10 Corrections. I am staying the execution of

sentence, and you

11 are placed on probation to the Dakota County

Community 12 Corrections Department for a period

of four years.

13 Having been convicted in Count III of depriving

14 another of parental or custodial rights, you are

adjudicated

15 guilty of that offense. You are sentenced to

serve 12 months

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16 and one day in the custody of the Commissioner of

17 Corrections. Execution of sentence is stayed, and

you are

18 placed on probation to the Dakota County Community

19 Corrections Department for a period of four

years.

20 Your probation -- probationary period on Count III

21 will run consecutive to your probation on Count I.

Your

22 total probationary term is a term of eight years,

and you

will not receive an early discharge from probation. Should

your prison sentences be executed, they will be served

concurrently. The terms of your probation on Count III are

identical to the probation conditions on Count I.

The terms of your probation are these: You will

serve 180 days in the Dakota County Jail. You will receive

4 credit for the 44 days you have actually served.

5 You will pay restitution to the Minnesota Crime

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6 Victims Reparations Board in the amount of $10,000.

You will

7 also pay restitution for any past or future

uninsured

8 counseling expenses incurred for therapy provided

to the

9 children, for all five of the children, and for

family

10 reunification therapy if such a claim is made.

Restitution

11 will be determined by the Dakota County Community

Corrections

12 Department, and your restitution obligation is

joint and

13 several. In other words, you will share it with

your 14 co-defendants.

15 On Count I, you will pay a fine of $944, $1 for

16 each day SVR was missing. You will pay the $80
surcharge

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17 imposed by law. On Count III, you will pay an

additional 18 fine of $944, $1 for each day GJR

was missing.

19 You will have no contact, direct or indirect, with

20 David Rucki or Tammy Love. You will have no

contact with SVR

21 or GJR or any of the Rucki children, be they

adults or

22 minors. You will have no contact with minor

children from

other families, so you will be -- you will not be allowed to

have contact with minor -- with other minors from other

families. You will have no contact with your co-defendants,

Sandra Grazzini-Rucki, Gina Dahlen, or Douglas Dahlen.

You will participate in a forensic psychological

evaluation, and you will follow its recommendations and

4 participate in any counseling, treatment, or

programming

5 that's recommended by the psychologist. You will

follow the

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6 rules of the Probation Department and provide a

sample of

7 your DNA.

8 The Dakota County Community Corrections Department

9 is authorized to release the PSI report and

psychological

10 evaluation report to any court-ordered program.

There are

11 ten standard conditions of probation that apply to

your case, 12 and you will find them detailed in

the sentencing order.

13 You will complete a cognitive skills

evaluation and

14 abide by its recommendations and participate

in any 15 programming recommended.

16 You will cooperate with the transfer of your

17 probation to your county of residence. You will

abide by any

18 restraining orders that exist either now or in the

future,

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19 and that includes Orders for Protection,

Harassment

20 Restraining Orders, or any other civil restraining

order that 21 prohibits you from having contact

with any person or going to

22 any place.

You will make no reference to any member of the

Rucki family -- and that includes the children, Mr. Rucki,

Ms. Love, any member of the Rucki family -- you will make no

reference to them in your use of social media.

You are adjudicated guilty of Counts II, IV, V, and

VI, and no sentence is imposed on these counts.

4 Do you understand?

5 THE DEFENDANT: Yes.

6 THE COURT: All right. We will provide you with a

7copy of the sentencing order. We will prepare a

sentencing 8 order; we will provide you with a

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copy of it today. And you 9 are remanded to the

custody of the sheriff. Thank you.

10 (Proceedings concluded.)

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REPORTER'S CERTIFICATE

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6 I, MONICA R. MORIARTY, do hereby certify that I am an

7 official court reporter for the First Judicial District,

State of

8 Minnesota; that as such reporter, I stenographically

reported the

9 proceedings held in the hearing of the afore-mentioned

action;

10 that I thereafter transcribed the proceedings by means

of

11 computer-aided transcription; and that the above and

foregoing

12 transcript, consisting of the preceding 17 pages,

constitutes a 13 full, true, and complete transcript of

my stenographic notes of

14 the hearing to the best of my ability.

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17 Dated: April 8, 2017
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___/s/ Monica R.
Moriarty____

MONICA R. MORIARTY, RDR,

CRR
Dakota County Judicial
Center
1560 West Highway 55
Hastings, MN 55033
(651) 438-8045

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