STATE OF MINNESOTA IN APPEALS COURT State of Minnesota, Respondent v. Sandra Grazzini-Rucki, Appellant. APPELLANT ATTORNEY FOR APPELLANT STEVEN P. RUSSETT. Assistant State Public Defender Atty. No, 016126 Office of the Appellate Public Defender 540 Fairview Avenue North, Suite #300 St. Paul, MN 55104 (651) 201-6700 ATTORNEY GENERAL LORI SWANSON 1800 Bremer Tower 445 Minnesota Street St. Paul, MN 55101 (651) 296-6196 REPLY BRIEF, ADDENDUM. ATTORNEYS FOR RESPONDENT JAMES BACKSTROM Dakota County Attorney 1560 Highway 55 Hastings, MN 55033 (651) 438-4438 KATHRYN M, KEENA Assistant County Attorney 1560 Highway 55 Hastings, MN 55033 (651) 438-4438,TABLE OF CONTENTS PAGE(S) TABLE OF CONTENTS... TABLE OF AUTHORITIES A REPLY STATEMENT OF FACTS... ws REPLY POINTS RELIED ON.. POINT I ~APPELLANT WAS DENIED HER SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL... POINT II - THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY EXCLUDING EVIDEDENCE CRITICAL TO GRAZZINI-RUCKI’S DEFENSE wld A. Prohibited any specific acts of domestic assault allegedly committed against Appellant, children and/or any other assaults allegedly committed by David Rucki against any other person(s) in B. Evidence related to orders for protection filed by Appellant on behalf of her minor children against David Rucki were also denied as orders dismissing the petitions were filed. . C. The state allowed false statements to be put into the court record D. The district court refused Appellant her 6" amendment right to confront her accuse! : a E. The district court improperly instructed the jury. F. It is an abuse of discretion for the district court to refuse to allow the 2.5 hour, unedited Fox 9 newscast involving the Grazzini-Rucki case, and featuring interviews with SVR and GJR taken shortly after they ran away, into evidence...22 123 G, Social Service Records (p. 17-18) .POINT III —THE PROSECUTOR DID COMMITT MISCONDUCT DURING HER CLOSING ARGUMEN’ Prosecutorial Misconduct A. The Dakota County Attomey’s Office attempted to seek an advantage in a lawsuit by cultivating or influencing media attention to support their case. (See Appendix 2 I Media Excerpts for examples of this)... @ The trial judge must be aggressively involved in media management to ensure the constitutionally protected rights of the defendant to a fair trial and the socictal right to justice in a properly conducted trial ...nses sevens . 28 2 . Prosecutors in a court of law do not represent the victims, they represent the state. D. A prosecutor cannot align herself exclusively with the victim. E. Ms. Keena’s conduct was clearly erroneous and clearly intended to cause prejudice to the administration of justic« 28 POINT IV - THE DISTRICT COURT ERRED IN NOT ALLOWING EXECUTION OF APPELLANT’S SENTENC! 28 POINT V - BASED ON THE FACTS, EVIDENCE, AND TESTIMONY THIS APPEAL HAS DEMONSTRATED SERIOUS ERROR BY THE COURTS: THAT HAS PREVENTED APPELLANT FROM RECEIVING A FAIR TRIAL A. Witness Tampering / Jury Tampering... CONCLUSION. CERTIFICATION OF BRIEF LENGTH...