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May 23, 2016
EMAIL AND E-FILE
Honorable Karen Asphaug
First Judicial District Court Judge
Dakota County
1560 West Highway 55
Hastings, MN 55033
RE: State of Minnesota v. Douglas Dahlen
Court File No.: 19HA-CR-15-4229
State of Minnesota v. Gina Dahlen
Court File No.: 19HA-CR-15-4230
Dear Judge Asphaug,
Mr. White and | are writing this letter as a follow-up to the May 12, 2016
contested omnibus where the above-named defendant's challenged probable cause,
the motion to dismiss for overbreadth of the free exercise clause, and the motion to
compel records, Attached are the investigative reports from Mr, Warren Robinson and
Ms. Laura LaManna,
The Court is correct that the affirmative defense argument is left for the fact,
finder when a factual dispute exists. However, “[gliven the facts disclosed by the record,
is it fair and reasonable, [...] to require the defendants] to stand trial?” State v.
Florence, 239 N.W.2d 892, 902 (Minn. 1976). In this case it would be unfair to require
the Dahlens to stand trial based on these facts.
This is a case where there is no factual dispute. The Dahlens allowed the two
Rucki girls to stay at their ranch because the girls, as they have stated numerous times
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prior to arriving and after leaving the ranch, did not want to return home to their father
out of extreme fear of abuse. (Please see the investigative reports of Warren Robinson
and Laura LaManna.) Specifically, of relevance is Mr. Robinson's summary of his
interview with the foster parents Jim and Patti, who housed the Rucki giris after they left
the Dahlen residence,
When reviewing the evidence in its entirety, the evidence is replete with
information about how the girls were fearful of returning to their father, especially during
their stay with the Dahlens. /d. The Dahlens, in their own statements to law enforcement
and investigator Warren Robinson, confirmed that they allowed the girls to remain at
their house because of the girls’ fear of returning to their father and the potential abuse
they may suffer. The Dahlens also reaffirmed the girls’ statements that if they went back
to their dad, they would run away. There was no intent to conceal. The Dahiens had
preached to the girls about forgiveness. (See transcribed interview of Douglas Dahlen,
page 4.)
There is no evidence rebutting those facts. In fact, law enforcement confirmed
the Dahlens had the Rucki giris’ best interests at heart. Id, at 17. No one is disagreeing
with what the girls stated or believed, and why the Dahlen’s allowed the girls to stay.
‘There is no evidence establishing or alleging that the Dahlen’s were involved in a
conspiracy with Ms. Sandra Grazzini-Rucki and/or Dede Evavold to keep those girls
away from their father for any other reason other than the gis own personal safety.
The State argues that the production of exonerating evidence at a probable
cause hearing does not justify the dismissal of a criminal complaint, even ifit is based
on a single law enforcement officer's opinion that the defendants were justified. Cf.
State v. Gerard, 832 N.W.2d 314, 317 (Minn. Ct. App. 2013). Here however, we have
an entire church community that are willing to come down from Herman, Minnesota to
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confirm and testify the Dahlens allowed the Ruck girls to stay there based upon their
reasonable belief that those girls would suffer physical, sexual, or substantial emotional
abuse if they returned to their father. To extend the analogy further, from the State's
proffered argument derived from State v. Gerard, the Dahlens did not kil the “cat,” but
rather saved it,
Aside from the fact that the girls were scared of returning to their father, there is
no motive to rationalize why the Dahlens would have allowed the girls to stay at their
residence other than what the Dahlens have consistently asserted. The Dahlens never
received any remuneration or personal benefit for allowing those girls to stay. The
Dahlens have no personal connection to Ms. Sandra Grazzini-Rucki, they are certainly
not part of any underground network helping to conceal children from their parents, nor
is there any other evidence showing why the Dahlens would allow the girls to stay, other
than what is contained in Minn. Stat. § 609.26 subd. 2(1), (2). The only distant
connection the Dahlens have with any of the co-defendants or anyone else involved in
this matter is the relationship between Ms. Gina Dahlen and Ms. Dede Evavold.
Ms. Dahlen and Ms. Evavold knew each other from their time working together in
pharmaceutical sales, Ms. Evavold, knowing that the Dahiens founded a Christian-
based ranch dedicated to helping abused children, recommended that Ms. Grazzini-
Rucki take the girls there for temporary lodging pending the family law case.
The girls firmly maintained that they would run away if they were required to
return to their dad, both before they reached the Dahlen residence and after they were
removed from the Dahlen residence. As of today, there is absolutely no evidence that
the girls’ firmly held beliefs changed during or after their stay with the Dahlens. The only
allegation is that the girls were “brainwashed” by their mother, as alluded to by the State
and therefore the Dahlens’ belief in the Rucki girls abuse claims were misguided.
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The alleged "brainwashing’ of the girls has no bearing on the Dahlens’ case. Itis
irrelevant to their case unless the State can show that they were somehow involved in
the brainwashing therefore eliminating their opportunity to assert the affirmative defense
in Minn.Stat.609.26 subd. 2 (1) and (2). There is no evidence to support the conclusion
that the Dahlens either participated in or facilitated brainwashing the gis to believe their
father was abusive; they merely acted on the reasonable belief that the Rucki girls
would suffer from abuse at his hands based upon the git's statements to them and the
girls physical emotions and actions that they personally witnessed.
The Dahlens motive for allowing the Rucki girls to stay was to provide a safe
place for the girls based on their religious beliefs and the faith based principles of the
White Horse Ranch. The Dahlens are all too familiar with what happens to run away
and abused children. For the past five years the Dahlens have been involved in working
with abused children; specifically children afflicted with physical abuse, sexual abuse
and substantial emotional abuse. As such, they are very familiar with the signs of abuse
and moreover, Mrs. Dahlen has completed numerous training seminars on dealing with
abused children. In their own words to law enforcement, they had never seen gitls more
frightened than when the Rucki girls came to their ranch. This is out of hundreds of
children that have visited the White Horse Ranch. They firmly believed what the girls
told them, a narrative that was underscored by how they acted. This fact is also
confirmed by the girls after they were removed from the Dahlens' residence and placed
into foster care, The Dahlens responded to the girls fears in the same way they do with
other abused children that arrive at their ranch.
Itis absurd to believe that the Dahlens would be, or are required to, investigate
or inquire if a child has been brainwashed into believing they were abused. The State
has alluded to the fact the Dahlens should have questioned the girls to see if these giris
were brainwashed into believing their father is and would be abusive toward them. The
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concept of mind control or brainwashing Is one that is arguably controversial to begin
with, and in the view of scholars, is not accepted as scientific fact. So to suggest that
the Dahlens should have, or were required to inquire about this, is entirely inaccurate.
For example, it is hard to imagine that everyone who arrives at the Lewis House
or another battered woman's shelter is asked: “have you been brainwashed into
claiming you are being abused?” Not only is that illogical, but it undermines the
assertions of the victims. This sets a dangerous precedent for anyone who attempts to
help individuals claiming to be victims of any form of abuse; whether physical, sexual or
emotional,
‘Another example of the logical deficiencies of this argument is, does the court
ask every alleged domestic abuse victim if they are being brainwashed into making
abuse allegations? No, the court does not. In fact, the court almost always will issue a
domestic abuse no contact order for the protection of the alleged victim and will not lift it
unless the court sees a reason why the alleged victim, whether a child or adult, will be
safe, The same is true with the Dahlens except the girls were continually fearful of
returning to their father the entire time they were at the ranch and even after. (See
interviews by Mr. Robinson and Ms. LaManna.) If returned, the Rucki girls threatened to
run away — triggering yet another fear of the Dahlens.
Furthermore, the brainwashing argument seems a bit unrealistic and, ifit is to be
believed that the brainwashing allegations are true, the Dahlens are just as much
victims themselves of being deceived by Ms. Grazzini-Rucki and/or Ms. Evavold. The
girls were brought to their place and were told it was only for a few days. A few days
turned into a few months, and then almost two-and-a-half years. if brainwashing by Ms.
Grazzini-Ruck’ is in fact true, the Dahlens were deceived and used for whatever
purpose Ms. Grazzini-Rucki had. There was no intent to conceal.
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Finally, the idea of ‘proximity’ does not establish or show concealment on the
part of the Dahlen's, There is no evidence or allegation that the Dahien’s had an overt
or implicit agreement with anyone in their community or in the other locations where the
girls visited (i.e., Fargo, Moorhead, etc.) to assist in the concealment of the girls. At any
point, the Dahlens were well aware that anyone in the community could have reported
that the giris were staying at the Dahlen ranch. To that end, it would not matter if the
proximity of their residence was directly next door to Lakeville or any other city. The
notion that the location or proximity establishes “concealment,” is pure speculation.
There was no intent to conceal the Rucki girs
These were not minor children who had no idea on how to or the means to leave
the Dahlen residence. The State mentioned the idea that the Ruck girls were just
“children.” However, these girls had access to and were capable of using phones,
computers, vehicles, etc. In fact, the Dahlens prayed with the girls on forgiveness. The
Dahlens would have driven those girls back to their father if they felt safe about
returning. However, the girs did not.
In conclusion, the Dahlens would respectfully ask this court to dismiss their case
as there is no probable cause to believe they intended to conceal the Ruck’ girls from
their father. There is also no factual dispute as to why the Dahiens allowed the girls to
stay at their residence. They would be more than happy to tell their story at Ms.
Grazini-Ruck’'s trial or Ms. Evavold's trial if their case was dismissed and they were
granted full immunity from prosecution.
Best Regards,
Js! Travis M. Keil
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P.O, Box 44206, Eden Prairie, MN 55344sohACRA6-4226
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Travis M. Keil
Enclosure
cc: Ms. Kathy Keena, Assistant Dakota County Attorney
Mr, Kyle White, Attomey for Gina Dahlen
Mr. Douglas Dahien (email only)
Mrs, Gina Dahlen (email only)
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