To provide the public with facts about S.O. Commitment laws & the true Mission of the MSOP: Punitive Preventive Detention. I was a Political Prisoner in the MSOP from 2006-2008 & I am a witness to the illegal, unconstitutional punitive gulag which is the MSOP & it's McTreatment: Now Serving 725. Serving as a repository of evidence against the real criminals & rapists committing crimes in the present by locking people up for possible future crimes. www.GovernorTimPawlenty.com
A12-1366 In the Matter of the Civil Commitment of: David Leroy Gamble, Jr. Affirmed. Judge Heidi S. Schellhas. Ramsey County District Court, Hon. James H. Clark, Jr.
I publicly stated in my blog post a few days ago that as a Public Service I would publicly post the names of any/all MN District/Appellate Court Judges who continue to perpetrate the falsity that the MN SDP/SPP commitment statutes are constitutional. The Judicial Nullification of HosPrisoners in Minnesota must come to an end. The tortured, flawed reasoning and analysis by PAID PUBLIC SERVANTS must be exposed.
These are "Decisions" that are policy based (Judicial Nullification re The Constitution & Law) rather than based on the constitution or law as the US Supreme Court has defined the law. This is the Judicial Nullification of MSOPrisoners that the Executive Branch (under Tim Pawlenty) & Legislature (Responsible for SDP & SPP "Acts"/Statutes) have been involved in also to date. Like my criminal appeals, the decisions are results driven, rather than analysis.
I have a protected, First Amendment right to caustically criticise government and I am choosing to exercise this right here. I'm alleging that these Judges have abdicated Justice for Politics, and I'm publicly calling for them to resign. Please step down from your lofty bench and let some up there that will apply the constitution and the law equally, fairly and in the interests of justice. These three people in their dark costume have done none of this in telling this HosPrisoner that despite the fact that his civil commitment "defense" attorney lied to him and the Ramsey County District Court took advantage of his not understanding he was "stipulating" [AGREEING] to a LIFE SENTENCE!
This is JUST ONE ISSUE this HosPrisoner appeals on only to have the indignity and injustice of these 3 people not doing anything right within the law, their powers to correct injustice----nothing matters as this guy has been labeled a sex offender, and then FALSELY LABELED AS AN SVP!
HE DOES NOT HAVE THE MENTAL ILLNESS NECESSARY TO JUSTIFY COMMITMENT!
Well, what a case to begin our inquiry with as HosPrisoner David Gamble deservedly calls out the MN Courts in this outrageous decision in which the Minnesota Court of Appeals, staffed by Presiding Judge Ross, and joined by Judges Schellhas and Kirk inform HosPrisoner Gamble that he has nothing coming from the court in terms of equity, fair play or justice. Just more MN Judicial Nullification!
Note the injustice is unanimous, and also note that the HosPrisoner is hot on the trail of the constitutional infirmities and weaknesses that plague this untenable legal situation the State has led us all into. Gamble should Petition the MN S CT for Review, and then when they Deny (as part of the Judicial Nullification) appeal that, and so on and so forth until a court applies the law & releases him.
HosPrisoner Gamble's arguments will avail and carry the day. The only question really is when will that day be? Later in 2013, after the legislature finally legislates away the MSOP? Time will tell.
HosPrisoner Gamble's Arguments
In April 2011, Gamble moved the district court for relief from the judgment under Minn. R. Civ. P. 60.02, on the grounds of: (1) ineffective assistance of counsel, (2) violation of his right to due process because Ramsey County was "not compelled to show proof of [his] serious difficulty controlling sexual behavior," (3) violation of his right to due process because he was "coerced" into signing the stipulation for commitment, (4) violation of his right to due process because the stipulation for commitment failed to show that he suffered "from a recognizable Personality or Mental Disorder to justify a Sexual Disorder to warrant Civil Commitment," and (5) "unconstitutional" commitment because MSOP is a "failed program" and does "not withstand constitutional scrutiny . . . in light of the lack of treatment being provided." On September 16, the court denied Gamble’s motion in its entirety and, on October 12, denied his request for reconsideration. On December 8, Gamble noticed an appeal from the October 12 order. Because a request for reconsideration does not extend the time for taking an appeal, this court denied Gamble’s appeal as untimely, and the supreme court 3
denied review. In re Civil Commitment of Gamble, No. A11-2204 (Minn. App. Jan. 11, 2010) (order), review denied (Minn. Mar. 20, 2012).
On May 4, 2012, Gamble moved the district court for an order compelling his court-appointed attorney to release certain records to him. On the day that the court heard the motion, Gamble again moved the court under rule 60.02 for relief from the judgment
of commitment and also moved for an order appointing him a different attorney. In his second rule 60.02 motion, Gamble raised the same issues that he raised in his first rule 60.02 motion and other issues. Pertinent to this appeal, Gamble argued that his written stipulation for commitment contained "vague words and grammar" which led him to believe he had the option to withdraw from "the contract at any time," that an evidentiary hearing was necessary "to determine the reasonable terms of the contract and then enforce those terms," and that he was entitled to an evidentiary hearing based on newly discovered evidence regarding his ineffective-assistance-of-counsel claim. The district court summarily denied Gamble’s motion in its entirety, concluding that Gamble was collaterally estopped from raising the same issues in his second rule 60.02 motion that he raised in his first motion. The court denied Gamble’s newly raised issues on the basis that they lacked merit. As for Gamble's first argument, obviously his civil commitment attorney was ineffective.
It is unethical and unprofessional for a "defense" attorney to enter a stipulation for a life sentence to an abusive Government Punishment Factory that is accountable to no one and who flagrantly violates the rights of its involuntarily held HosPrisoner "clients".
Hennepin County Civil Commitment Defense Coordinator Douglas F. McGuire did this to a Severely Developmentally and Physically Disabled Vulnerable Adult named Orlando Lindgren. Between the Hennepin County District Court and "defense" attorney McGuire, they managed to trick and cajole poor HosPrisoner Lindgren into "stipulating" to his Life Sentence at the MSOP. I urge the media to assist me in locating Lindgren's relatives!
I will never forget how excited Orlando was after returning from Courts in 2006 or 2007 and exclaiming to me: "WHO HOO! I get to go home in two years! that's what my attorney Doug told me! I have to do treatment, and then I can go home in two years!!! Whoo hoo!!!" I was the one who broke the news to Orlando: Thanks to Doug's "advocacy" and the Court's eagerness & willingness to accept a "stipulation" that was NOT KNOWING, VOLUNTARY, OR INTELLIGENT and assign a de facto illegal, unconstitutional life sentence amounting to Double Jeopardy, Ex Post Facto & numerous 8th and 14th Amendment Due Process Violations this Christian man is NEVER going home! At least not alive anyway, as death is the only known MSOP completion. Shame on this system, shame! I am asking the media to investigate Mr. Orlando Lindgren. I have asked attorney McGuire for records relating to the Hennepin County Commitment Defense Project, and Mr. McGuire's written response was that he is not my law clerk. McGuire refuses to share any info re Lindgren, explain why he has lost 5 of 6 SDP/SPP cases excluding mine, in which his advocacy wasn't much of a detriment to me with Attorney Jill Clark involved. Attorney Douglas F. McGuire also has refused to inform me which prisoners are on Judicial Hold Order Status, as Doug McGuire knows I can reach them in prison before it's too late for them and assist them with their defense, provided they want my help.
HosPrisoner David Gamble was denied justice and Due Process by these three judges in even just his initial argument! David Gamble had constitutionally inadequate and ineffective assistance of counsel in his Sex Civil Commitment Case, and I allege that his SDP commitment is invalid, and he is entitled to a TRIAL BY JURY as to whether he meets the real commitment criteria (Hendricks/Crane)--not the fake MN SDP Act criteria a state psychologist who has "evaluated" many and determined that many meet the MN SDP statute and thus signed off on the Commitment...knowing that the HosPrisoner does not remotely meet the real commitment criteria stated "You could drive a truck through that statute!"--meaning the illegal, unconstitutional SDP Act 100's are under.
And then this "doctor" is going to get up in arms with me insisting he hasn't done anything "unethical" sending men off to de facto life sentences with no volitional impairment. Sorry Doc, it is unethical and unprofessional what you have done and what you are doing, and you're not alone. You can justify it all day long to yourself, but that isn't going to fly with me, who has suffered for 15 years because of the abuses and violations of state public servants, who justified their illegal and violative behavior/conduct in the name of all that's good and Holy, and under the patently false pretense of "Public Safety".
This is exactly why there have been pleas from renowned forensic psychologists warning other psychologists to not act as an extension of the State/Prosecution and do not involve yourself in these cases where politics trump the law. Doc: FIRST: DO NO HARM!
These SDP/SPP civil commitments are making the HosPrisoners more dangerous by design. These Concentration Camps for Sex Offenders were INTENTIONALLY DESIGNED to make it impossible to staff with competent clinicians in the sticks where the State deliberately placed these "Programs": Moose Lake and Saint Peter as opposed to Lino Lakes,...a no brainer! DHS doesn't want these Hosprisoners in a metro area where they can keep clinicians and "Continuity" of Care/Abuse) as well as provide for a better therapeutic environment where visiting is much easier and phone calls less expensive as they are local and not LD rates. DHS: NO INTEREST IN TREATMENT!
My suggestions to solve even this one issue, which has been an excuse the State/Federal Courts have accepted for 20 years have apparently fallen on deaf ears. Twice I publicly testified that MCF-Lino Lakes would be an ideal. central location for all MSOP HosPrisoners. DHS has no interest in providing constitutionally adequate treatment to the HosPrisoners. This idea would've been implemented by now if the Minnesota Department of Human Services had "Treatment" as a priority!
I am still holding out some hope relating to this one idea of mine DHS and the Sex Offender Civil Commitment Task Force conveniently omitted in it's online version of my "Public Comments", as DOC Commissioner Tom Roy expressed some interest in this idea to me. I called Commissioner Roy at DOC Central Office a few weeks ago to follow-up, and I have not heard back from Mr. Roy yet. I have guarded optimism that Mr . Roy & I can fully discuss.
I raised 5 issues in the 2 minutes DHS/TF allowed me despite repeated requests to present information in any area they were to request they want education on for the 10 minutes Nancy Johnston, Mark Ostrem, John Kirwin, Bill Donnay & Doug McGuire were allowed. With the possible exception of Mr Ostrem (who apparently has 35 HosPrisoners on his watch and counting) I allege these DHS sponsored presenters are Central figures that have caused and led to this crisis and are NOT part of the solution. McGuire tricked a mentally retarded & severely disabled Vulnerable Adult to a "Stipulation" to life/death in the MSOP.
HosPrisoner Gamble's second argument: (2) violation of his right to due process because Ramsey County was "not compelled to show proof of [his] serious difficulty controlling sexual behavior,"
HosPrisoner Gamble is on the money here as the statutes violate Due Process.
(3) violation of his right to due process because he was "coerced" into signing the stipulation for commitment
HosPrisoner Gamble is spot on here as any "stipulation" to the MSOP violates Due Process.
(4) violation of his right to due process because the stipulation for commitment failed to show that he suffered "from a recognizable Personality or Mental Disorder to justify a Sexual Disorder to warrant Civil Commitment,"
Right on, HosPrisoner Gamble! Now you are getting to the heart of the matter: The Fake SVP mental diagnosis by DOC/state doctors on the cash cow gravy train! HosPrisoner David Gamble has managed to figure all this out on his own (note he has had to abandon the notion of "defense" counsel in his case & roll pro se) despite the State of Minnesota alleging that he is a"severely mentally disordered" sexual offender!
(5) "unconstitutional" commitment because MSOP is a "failed program" and does "not withstand constitutional scrutiny . . . in light of the lack of treatment being provided
Whatever part of this the state and federal courts are not understanding I hope to shed some light on as we move forward as a State...HosPrisoner and all.
A12-1441 In the Matter of the Civil Commitment of: Richard Thomas Martinez. Affirmed. Judge John R. Rodenberg. Ramsey County District Court, Hon. J. Thomas Mott. This case is interesting for a number of reasons. Here are this HosPrisoner's arguments:
RODENBERG, Judge In this civil commitment appeal, appellant argues that the district court should have accorded greater weight to the opinions of two of the five doctors who examined him during the course of the proceedings below. Because case law clearly mandates deference to the district court’s assessment of the credibility of the witnesses, we affirm. Appellant also raises two other issues on appeal. However, appellant raises these issues without adequate argument or citation to authority, and has therefore waived consideration of those issues on appeal.
HosPrisoner Martinez appears to have all of two sex-related convictions which is about average for MSOP HosPrisoners (as opposed to Dennis Benson's false statements about an "average of 16 victims" is nonsense, not true, and I directly challenge DHS to prove this lie!
Dr. Tom Alberg (who I have a great deal of respect) recommended that Martinez be committed as Mentally Ill & Dangerous (MID) rather than as an SDP and/or SPP as he believed Martinez was mentally ill and that bipolar disorder may play a role.
The HosPrisoner was committed under the de facto life sentences as Ramsey County saw the chance to incapacitate a criminal they didn't want walking the streets, and knew that an MID commitment wasn't likely to stick until the MSOP completion criteria: Toe Tag in Morgue. Here is a key quote, which there are hundreds, if not 1000's of similar quotes by appellate court judges in our state as I have read (several times over) EVERY SDP/SPP appeal that there is in Minnesota:
Despite this evidence of some improvement, all five of the doctors whose opinions were considered by the court following the final commitment hearing believed that appellant continues to be dangerous to others.
These statements clearly show that "Dangerousness" is the criteria for this commitment, and all commitments stretching back past Linehan. The appellate court judges are apparently oblivious to the origins of these civil commitment laws, and of the nature and purpose. They must not have even read Hendricks or Crane, as they would understand that dangerousness isn't enough to commit.
Dr. Thomas Alberg had the raw courage and the professional ethics to opine in this case that despite having been committed, HosPrisoner Martinez' positive response to medications had effected sufficient recovery in Dr. Alberg's mind, that the HosPrisoner did not now meet the same commitment criteria as he had a few months earlier before the medications were straightened out. No, the bell had been rung, and the Courts were not going to unring it. They would rather have a criminal incapacitated and stuffed into the McTreatment Puntive Preventive Detention than to simply commit this man as MID and actually treat him.
Dr. Peter Meyer's showed some real insight into this HosPrisoner's pathology with his statement:
Dr. Peter Meyers, Psy.D., L.P., opined that appellant’s mental illness and dangerousness to others could be better understood as arising from appellant’s bipolar disorder than from appellant’s sexual deviancy. Dr. Meyers’ report did not specify whether the author was of the opinion that appellant continues to meet the requirements to be committed as an SDP/SPP.
Conversely, a state doctor, Michael Harlow, showed why the state selected him in this case with his statement which shows the state doctors will make anything up (and get away with it) all in the war cry of Public Safety and because the HosPrisoner is "dangerous", and "Politically Ill":
Dr. Michael Harlow, M.D., J.D., concluded that appellant’s "violence is generated by his high level of sexual dysfunction, most notably chaotic sexual psychopathy, personality disorders, and chemical dependency issues." Dr. Harlow, who had evaluated appellant during his initial commitment as MI&D, believed that appellant does not meet the statutory criteria to be committed as MI&D.
This conclusion is rubbish, as any experienced SVP evaluator will tell you as well.
Despite Martinez being mentally ill and his criminal and violent behaviors being non-sexual in nature, state doctor Harlow won't sign off on an MID commitment, not because that is not the best thing for HosPrisoner Martinez, but because Harlow's employer wants a different outcome, and Doctor Harlow will sentence a man into an abuse factory for the rest of his life where "Treatment" is a joke even among the Treatment Teams within the MSOP. Even the staff know it's a facade.
Next, FASCINATING HYPOCRISY OF THE MN COURT OF APPEALS:
This court’s deference on factual issuesrecognizes that the district court is in the best position to assess and weigh the credibility of the witnesses. See In re Commitment of Navratil, 799 N.W.2d 643, 647 (Minn. App. 2011) (stating that this court defers to "the district court’s opportunity to judge witness credibility"), review denied (Minn. Aug. 24, 2011).
In this case, the HosPrisoner had been determined by the District Court to not meet SDP or SPP commitment criteria and so the State appealed, and this DEFERENCE to the District Court went right out the window. MN Justice!
More ignorance or deliberate misstaements of MN law from our paid appellate judges:
Appellant also argues on appeal that he should have been committed as MI&D rather than as an SDP/SPP. Appellant argues that commitment as MI&D is a less restrictive alternative. He does not explain why commitment as MI&D is "less restrictive" and cites to no authority that would support such an argument. Appellant’s brief merely asserts that he could also have been committed as MI&D and that such a commitment would be "less restrictive."
An assignment of error based upon "mere assertion" and not supported by argument or authority is waived unless prejudicial error is obvious on mere inspection. State v. Modern Recycling, Inc., 558 N.W.2d 770, 772 (Minn. App. 1997). Appellant’s argument is based upon mere assertion and is not supported by argument or authority. Mere inspection does not reveal prejudicial error.1 Consideration of this issue has been waived by failure to adequately brief it. Id. 1 These 3 judges, between all 3 either do not know the extreme differences in status accorded MID vs SDP/SPP commitments in our state, or they do know but are lying about that knowledge. Either incompetant or perpetrating fraud on the public. What other option is there? Please comment and inform this Ex_HosPrisoner! I offer an educational lesson pro bono to the Court: Read this: https://dl.dropbox.com/u/24465959/MSOP_Legal.Redacted0001.pdf
Of course, the Bastions of Justice in their Flowing Black Majestic Robes have erected (pardon pun) an insurmountable barrier to HosPrisoner Martinez's hopes of ever being "Discharged" from this "Hospital" with their "Procedural Bars". Clever!
A final humiliation:
Appellant’s brief also notes that his criminal sexual conduct convictions are remote in time. It is unclear to us whether appellant is attempting to argue that the convictions are too remote to support a commitment as an SDP/SPP. The brief does not directly make such an argument, nor does it cite to any authority that would support such an argument. Accordingly, this argument has also been waived.2 See id. HosPrisoner Martinez' sex offenses occurred in 1977 and 1983. This HosPrisoner has no allegations of a sexual nature since 1983 that I can see referenced in this document. These offesnse are far too remote in time to comport with the Constitution or relevant case law outside of the illegal, unconstitutional "case law" that has arisen in Minnesota. Another "Procedural Bar"--another illegal and unconstitutional sexual civil commitment. Does this mean the MSOP is Now Serving 673 with their McTreatment??
Exhibit 3: A12-1086 In the Matter of the Civil Commitment of: James Irvin Rigenhagen. Affirmed. Judge Gary L. Crippen.* Crow Wing County District Court, Hon. David J. Teneyck.
Considered and decided by Connolly, Presiding Judge; Ross, Judge; and Crippen, Judge. A cursory reading clearly shows me I will need much more additional information to speak with authority as to this appellant's legal claims, but I can say for certainty that the argument he raised which should automatically invalidate his commitment under both SDP/SPP is below, which the Court of Appeals sidestepped deciding due one of many unjust "Procedural Bars", which are nothing more than Court-Speak for allowing innocent people to be wrongfully convicted and stay wrongfully convicted until they die; and, Court-Speak for guilty people, who despite being guilty, had their rights violated along the way to the guilt plea/verdict.
The concepts of Procedural Bars to keep judges from working a little harder has to be revisited along with this outdated concept that Judges are entitled to immunity when there can be a showing made that these Judges are violating the State and/or Federal Constitutions and are not applying clearly established US Supreme Court Precedents, which control, in these Minnesota SDP/SPP sexual civil commitment cases. See this play below:
Finally, appellant argues that MSOP has failed to accomplish its goal of providing effective treatment for rehabilitating the civilly committed. But appellant did not make this argument to the district court, and an appellate court "must generally consider only those issues that the record shows were presented and considered by the trial court in deciding the matter before it." Thiele v. Stich, 425 N.W.2d 580, 582 (Minn. 1988) (quotation omitted). Because appellant did not argue MSOP’s ineffectiveness to the district court, we do not consider the issue on appeal. [Emphasis added-TWE] Injustice!
Appellant argues that (1) his commitment as an SDP and SPP was not supported by clear and convincing evidence; (2) MSOP was not the least restrictive treatment alternative; and (3) MSOP has failed to accomplish its goal of providing effective treatment for rehabilitating the civilly committed.
Having now reviewed the case in its entirety, my conclusion based on this limited information is that Mr. Rigenhagen may in fact be a prime candidate for Preventive Detention, but my argument would be that the MSOP is not an appropriate placement due to numerous constitutional reasons.
Affirmed, and the Manifest Injustice and Judicial Nullification Rolls On Unabated & Uninterrupted
Here is a link to the Brainerd Dispatch's coverage:
When Ex-"Security Counselor" Andrew Babcock courageously offered the following Affidavit/Testimony that was accepted in a MN Court, The State's response should have been to immediately declare an Injunction/ Moratorium against any additional commitments, and there should've been legislative hearings into the MSOP.
I publicly appauld Mr. Babcock for his candor and courage in coming forward years ago with inside information that from the inception, the concept of "treatment" has been a deliberate, false facade put forth by DHS and the MSOP, and Punitive Preventive Detention is what MSOP's Mission has been:
I'm hopeful and confident going forward that Mr. Babcock will want to fully testify before the Legislature this upcoming Session. I predict here that several ex-MSOP staff members will echo Babcock soon.
That testimony would be very helpful in their deciding whether to bring legislation this Session to shut down the MSOP in the best interests of the State, as the evidence is very clear and volumnious that Public Safety is being severely compromised by this failed "Program".
My last post touched on the illegal, unethical behavior/conduct of Hennepin County Assistant D.A. Stuart Shapiro in my criminal case in 1998-99. For more info about my wrongful rape conviction from Hennepin County in 1999, please see my blog: www.tomevenstadswrongfulconviction.com.
I found an article in which conduct like Stu Shapiro's was exposed and remedied in an SVP case:
A state appeals court has reversed a jury's decision to commit a sexually violent predator to a state mental hospital, saying a San Jose prosecutor engaged in serious misconduct.
The San Jose Mercury News reported (http://bit.ly/ZEZHgN) that the opinion published Thursday claimed Santa Clara County Chief Assistant District Attorney Jay Boyarsky asked improper questions and made improper arguments during the civil trial to commit the man.
Defendant Dariel Shazier pleaded guilty in 1994 to sodomy with a minor under 14, and other charges.
A prosecutor who was trying to get a San Jose man committed to a mental hospital as a sex predator went over the line, says a state appeals court. Way over.
First, he told jurors that if they refused to lock up defendant Dariel Shazier, they might have a hard time explaining it to their neighbors.
Then, the prosecutor suggested — without any evidence, according to the court — that Shazier had committed other sex crimes that had never been reported. He told the jury that Shazier, if released, would be living in his mother’s home near several schools. He said an expert witness testifying for the defense had a history of speaking up for horrific sex criminals. He referred to other defense witnesses as “serial rapists and child molesters.” And he told jurors that, when they listened to Shazier’s testimony at the trial, they were being “groomed,” a term that refers to molesters’ manipulation of their prey.
The jury voted to classify Shazier as a sexually violent predator and keep him in a state mental hospital, where he has been held since 2003 after serving nine years in prison for sex crimes involving a minor. But the Sixth District Court of Appeal said Thursday that Shazier is entitled to a new trial because of “flagrant misconduct” by the prosecutor, Chief Assistant District Attorney Jay Boyarsky.
“The prosecutor engaged in a pervasive pattern of inappropriate questions, comments and argument, throughout the entire trial, each one building on the next, to such a degree as to undermine the fairness of the proceedings,” said Presiding Justice Conrad Rushing in the 3-0 ruling.
Worst of all, he said, was Boyarsky’s insinuation during closing arguments that the jurors’ friends and neighbors would condemn them if they voted to set Shazier free.
“Public opinion is not a proper consideration for a jury,” Rushing said. “This reasoning has been condemned as faulty since the time of ancient Greece.”
Boyarsky, the top aide to Santa Clara County District Attorney Jeff Rosen, issued a statement saying he had acted in good faith. But “based on the court’s opinion, if I had it to do over again, I would make my arguments differently,” he said.
Rosen struck a similar note. “Any prosecutor in my office may err, and when we do, we learn from it and improve,” he said. But he added that his office will try again to keep Shazier hospitalized if doctors conclude he is dangerous.
Shazier pleaded guilty to three felony sex charges in 1994 and was sentenced to nearly 18 years in prison. He was due to be released after serving half his sentence, but was instead sent to a state mental hospital while prosecutors sought to confine him for treatment as a sex predator, said his lawyer, Jill Fordyce. Under state law, a convicted sex criminal can be hospitalized indefinitely after completing his sentence if a jury finds he has a mental disorder that makes him likely to engage in sexually violent behavior.
The first trial on that question ended in a hung jury. A second trial ended in a jury verdict against Shazier, but the same appeals court overturned that verdict in 2006 because of misconduct by another prosecutor. Now the results of the third trial have been set aside as well, but Shazier remains confined.
Fordyce said the evidence that Shazier poses an ongoing danger to the public is “pretty weak.” She said multiple witnesses testified that he has worked hard to rehabilitate himself for more than a decade. A defense mental health expert testified he could be safely released. And the condition for which he was diagnosed — “hebephilia,” or a sexual attraction to teenage boys — is not even listed in the American Psychiatric Association’s manual of recognized mental disorders.
“This was a case that begged to be reversed because of unfairness,” Fordyce said.
Attorney General Kamala Harris’ office, which defended Boyarsky’s comments before the appeals court, could appeal the ruling to the state Supreme Court.
The ruling can be viewed here: www.courts.ca.gov/opinions/documents/H035423.PDF.
It is beyond time that the Minnesota Supreme Court becomes a focal point of this overdue discussion as to what are we, as a State, going to do about all of the problems that the MSOP presents. The MN Supreme Court decided two cases in the mid-1990's allowing these sex commitments on the basis that the MSOP was a "treatment" program, and that the nature of the schemes were civil/remedial vs criminal/punitive, and that the purpose was essentially rehabilitation, as opposed to punitive, preventive detention. These basis were false from the inception, and the dissenters make that clear:
In the Dissents in these cases (Blodgett/SPP-Linehan/SDP) these dissenting Justices of our State's Highest Court stated that these Majority decisions are illegal and unconstitutional. These Judges promised in the Linehan Dissent (which I have posted under the post "Unconstitutional") that the instant that the MN Supreme Court had evidence of the punitive nature of this program and/or evidence that the purpose of the statutes are preventive detention as opposed to adequate treatment that they would not hesitate to strike down the statute on Double Jeopardy, Ex Post Facto and other Due Process grounds. That was 18 years ago and the Court has had this evidence for 17 YEARS!
It is time the public and the media call out the High Court on these publicly written Judicial False Promises/Lies! The MN S. Ct. has had such evidence since 1996, and yet they have utterly failed to honor their roles to apply the MN & US Constitution, and clearly established law of the Supreme Court of the United States of America in this Political Judicial Nullification re the SDP/SPP/MSOP.
This abject failure of these 7 people to do their jobs and strike down these statutes has led to a Civil Rights, Human Rights, and Constitutional Crisis in this State that few yet remotely understand the implications. I clearly allege and state here that all SDP (and likely all SPP) commitments (including Linehan) will very soon be rendered invalid due to these statutes being so clearly unconstitutional.
I find it ironically fascinating that an ex-Minnesota Supreme Court Chief Justice was selected to Chair a Task Force charged with solving a problem that should have been solved by Eric Magnuson and the other 6 Justices of the Minnesota Supreme Court during Magnuson's tenure as Chief. How many HosPrisoners (post Dru Sjodin, who do not meet Crane/Hendricks criteria any more than these Judges) petitioned the MN S CT with Chief Magnuson at the helm, only to be denied review on this?
It has made me sick to read every Monday, year in and year out, in prison, in MSOP, and from my home FOR A DECADE, the cowardly appellate judges of our State hiding behind these illegal, unconstitutional rulings made out of short-sighted political policy agenda instead of following constitutional and legal precedents in this area of law. These judges are complicit with these civil, constitutional and human rights violations causing this crisis in Minnesota. These judges should have done what the Minnesota Supreme Court hasn't had the character, courage or integrity to do thus far: Apply the Constitution and Apply the Law, and:
DECLARE THE SDP AND SPP ACTS UNCONSTITUTIONAL ON THEIR FACE AND AS-APPLIED! Do the Right Thing NOW, so that the Legislature, led by men of character, courage and integrity (like Warren Limmer for one) don't have to do it for you...or the Federal Court do your job.
I will publicly post the names of every appellate judge in this state right here on my blog who continues to rule these statutes are constitutional because of Blodgett, Call, Linehan, or any other tired excuse when everyone who can read law knows they are not constitutional. This violative behavior/conduct by the Justices on the Minnesota Supreme Court must end!
Maybe it will take an MSOP Involuntary "Client" and/or an Ex-Hosprisoner to sue current or former Justices on this Bench, or sue the Minnesota Supreme Court as an entity if that is legally possible.
Lawsuits have proven to be the only thing that either the DHS or the State/Federal Courts care about re the MSOP. There has been no accountability for this abuse factory since it's inception & thats over.
Although they are all likely insulated from wrongdoing with immunity (like the prosecutors who have licenses to break the law with immunity and who abuse that power by RailRoading innocent men into the "system"...like Hennepin County Assistant County Attorney Stuart Shapiro in my wrongful criminal conviction in 1999) such a lawsuit would surely send a message to the State and Federal Judiciary (as well as the nation) that the State and Federal Judicial Nullification involving the SDP and the SPP statutes in Minnesota is over, and that these unconstitutional statutes are invalid.
I am again publicly calling for Governor Dayton to Repeal Pawlenty's Executive Order re MSOP.
Governor Dayton: Please LEAD by ending the Executive branch's nullification re MSOP. This leadership will provide Roadmap of Courage for the Legislative and Judicial branches to follow.
The Clerk has assigned Chief U.S. Magistrate Judge Arthur J. Boylan and Senior Judge Richard H. Kyle to the file. I view these assignments as the Court correctly recognizing that this is a serious case.
MSOP Senior Administrator Gary Grimm is a named Defendant. Grimm has two sex-related convictions, which is one more than I have, and mine is wrongful whereas Grimm admitted his guilt. Gary Grimm has not (yet) been Petitioned under the relaxed Post-Dru Sjodin Sex Offender Commitment criteria. I allege that Grimm poses graver risk to women and a higher likelihood to sexually reoffend than a significant percentage of the Post-Dru HosPrisoners within the MSOP.
Here is a link to my Federal Civil Rights Complaint:
This is a call for any qualified forensic psychologists in the state (or outside) with experience in the subspecialty of Sex Offender Risk Evaluation in the Forensic, Civil Commitment arena, and who is interested in working with me pro bono (for now) on a case-by-case basis to sort wheat from chaff.
I have access to over 2,500 SVP papers within the "Literature" in my online (and on/offsite storage sites), including papers published same day in many instances, and detailed knowledge of them.
TEVEnterprises, LLC (my parent company for my SVP Consultation business) has retained an attorney to assist me with my SVP Consulting business, and to be available and ready to defend and sue should any false and specious allegations ever arise that I am practicing law without a license.
If you are interested in this call/request for assistance, please contact me at:
Minnesota, in comparison did not advance one man out of about 500 from Phase II "treatment" to Phase III in the past 18 months, according to tstimony I witnessed yesterday at Rich Williams' SCAP hearing. Maybe it's time MN explore paying the GEO Group to take over for the MN DHS/MSOP if sex offender civil commitment is even going to remain an option on the table moving forward.
Nearly 700 Florida men are held in a secure facility, classified as sexually violent predators, despite having completed their prison terms. Just one woman is held in the same situation.
Florida's Jimmy Ryce Act allows for the indefinite civil commitment of sex offenders after they have served their time behind bars. The 1998 law is named for a 9-year-old Miami-Dade boy kidnapped, raped and murdered by a handyman - 14 years ago on Friday.
A jury convicted his killer, Juan Carlos Chavez, the same year the Legislature passed the Jimmy Ryce Act. As a result, Florida sex offenders are spending more time behind bars than ever before.
Judy K. Taylor of Ocala holds the distinction of being Florida's lone woman committed involuntarily and indefinitely to a psychiatric facility, after completing her four-year prison term for having sex with underage boys ranging in age from 13 to 16.
"Men typically abuse because they are sexually aroused by children, and women typically abuse because they are trying to get emotional needs met," according to Fort Lauderdale forensic psychologist Amy Swan, chairwoman of the Florida Board of Psychology and an evaluator for the DCF.
The 45-year-old Taylor is one of just four women nationwide held under sex-offender civil-commitment laws, according to data from the Sex Offender Civil Commitment Programs Network.
The laws, whose constitutionality has been upheld by the U.S. Supreme Court, allow the 20 states to hold sex offenders determined by a court as likely to engage in future acts of sexual violence.
As of August 2008, the most recent data available, just more than 3,600 men across the country were civilly committed. One woman each from Illinois, Florida, Minnesota and Washington were held under the same laws.
When the prison term of someone who has committed a sexually motivated crime is nearing completion, the DCF reviews the case file. Mental health professionals do face-to-face interviews with about 10 percent of those prisoners and 4 percent of them get recommended to state attorneys for civil commitment, according to Dr. Suzonne Kline, director of DCF's Sexually Violent Predator Program.
Only about 1 percent actually are committed, which requires the offender to be declared a sexually violent predator likely to reoffend. This is done at a civil jury trial - as in Taylor's case - or by the offender voluntarily entering into an agreement with the state.
In the 10 years since Florida began civilly committing sex offenders, the DCF has reviewed more than 35,000 cases, of which only 435 have been women.
Men are housed in a secure facility in Arcadia, which is quickly nearing its 720-person capacity. Taylor is held in a Miami psychiatric facility, where she's separated from the other residents.
Since the commitment is civil in nature, treatment is voluntary. The Arcadia facility has dorms filled with men who are forced to live there but refuse treatment.
The DCF would not permit the evaluating psychologist to discuss Taylor's case, but Swan is familiar with the case and said that Taylor has been diagnosed with pedophilia. Taylor also has "significant mental health issues," a common theme with women sex offenders, Swan said.
Scientific literature indicates a "best-guess estimate" that 4 percent of women sexually touch children, compared with 7 percent of men, according to Markus Wiegel, an Atlanta psychologist specializing in female sex offender research. Collecting data on women offenders is challenging, he said, because so little research exists.
Whether more women will be snared under civil commitment laws is the subject of debate, though prosecutors and mental-health professionals agree that the number of women likely will increase, though probably not in great numbers.
"I don't think it's an anomaly that there's one woman, but I don't see the numbers growing significantly," said Kristin Kanner, Broward County's Jimmy Ryce prosecutor.
With women only recently - in the past 10 years or so - being more aggressively prosecuted for sex crimes, the civil-commitment numbers may begin to increase as their prison sentences near completion, according to Barbara Burns, who prosecutes Palm Beach County's Jimmy Ryce cases.
Sex offenders are a heterogenous group, but there are some general differences between men and women who abuse children.
About half of women who commit sex crimes have had a psychiatric hospitalization and have a history of taking psychotropic medications, she said. Forty percent of sexual abuse perpetrated by women occurs in a day care setting.
Complicating the research is that boys abused by women are far less likely to report it "since our society still views it for a boy as scoring," Swan said.
More than half the time, women abuse children with a man, who will have coerced the woman into participating, according to Wiegel.
There is not enough research to reliably estimate the recidivism - or reoffending - rate for women, but it's thought that they reoffend less often than men, perhaps as little as 1 percent, according to some experts.
And while much debate exists about whether sex offenders can ever be cured, Wiegel says they can, indeed, rejoin society.
"A child sex abuser can be taught not to do it again, just like an alcoholic is taught not to drink even if they still have urges," he said. "Sex-offender treatment is very effective, if done correctly."
Missy Diaz can be reached at mdiaz@SunSentinel.com or 561-228-5505.
A hearing is scheduled in Lancaster County today to determine if a former police officer and firefighter will be deemed a sexually violent predator. A jury found Michael Archacki, 43, guilty of 24 counts of child sex abuse back in September. Archacki sexually abused four girls, ages 12 to 13, last year in his Quarryville home. He hasn't been sentenced yet, but could face life in prison. After he was convicted, officials in Delaware announced that he faces charges there for allegedly sexually assaulting a Lancaster County girl during a beach trip last year. The case could go to Federal Court because Archacki reportedly took the 12-year-old girl across state lines.
There is a new product available that detects if any date rape drugs have been slipped into a drink. The article indicates the company needs 50K to make these widely available. They are more than halfway to the goal now with 17 days left. What a great investment! Follow this exciting venture:
I will be donating 10% of my sales of SportsBoxers until this goal is met, and then I will continue the donation to help fund my two local bars to be able to offer these Smart Cups for their female patrons.
The State Department of Human Services is violating HosPrisoner #24624's civil, human, and constitutional rights. This punitive, brain-washing based "Therapy" Model is illegal human experimentation, and the linking of continually progressive punishments within this out of control, unaccountable, failed system which is INTENTIONALLY making these men more dangerous via their involuntary, lifetime "treatment" "Hospitalizations" is Barbaric, Draconian and Anti-American.
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.
Here is an expanded view of this "original thought" of Benjamin Franklin:
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
This was written by Franklin, within quotation marks but is generally accepted as his original thought, sometime shortly before February 17, 1775 as part of his notes for a proposition at the Pennsylvania Assembly, as published in Memoirs of the life and writings of Benjamin Franklin (1818). A variant of this was published as:
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.
This was used as a motto on the title page of An Historical Review of the Constitution and Government of Pennsylvania. (1759); the book was published by Franklin; its author was Richard Jackson, but Franklin did claim responsibility for some small excerpts that were used in it.
An earlier variant by Franklin in Poor Richard's Almanack (1738): "Sell not virtue to purchase wealth, nor Liberty to purchase power."
Many paraphrased derivatives of this have often become attributed to Franklin:
They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety. They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Those Who Sacrifice Liberty For Security Deserve Neither. He who would trade liberty for some temporary security, deserves neither liberty nor security. He who sacrifices freedom for security deserves neither. People willing to trade their freedom for temporary security deserve neither and will lose both. If we restrict liberty to attain security we will lose them both. Any society that would give up a little liberty to gain a little security will deserve neither and lose both. He who gives up freedom for safety deserves neither. Those who would trade in their freedom for their protection deserve neither. Those who give up their liberty for more security neither deserve liberty nor security.
Here is the link to an excellent, in-depth look at more evidence that Hennepin County's Mental Health Policies have resulted in a dangerous mental health issues for the community, and Public Safety is being comprimised due to this incompetence that is being tolerated by Minnesota citizens.
Just go to the MN DOC website and click on Level 3 sex offenders in Minneapolis alone. There are numerous sex offenders on the streets of Minnesota (literally...listed as "Homeless") whose offense histories include offenses against children, offenses against strangers, use of weapons to gain compliance, multiple, violent criminal sexual conduct convictions, and yet they are out on the streets.
While this dangerous subset of sex offenders are roaming our communities, there are literally hundreds of low risk, and moderate risk sex offenders within the secret confines of the MSOP. Just look anywhere online, or anywhere in the world for that matter of the names of all 672 men in MSOP. More than 50 men in MSOP have no sex-related convictions if my info is accurate.
These men are not the "Level 3 Plus" that Olmsted County Attorney Mark Ostrem publicly commented about. The idea that the average man in the MSOP presents "Level 3 Plus" risk is absurd, and is indicative of either 1) Mr. Ostrem is woefully misinformed about the real MSOP populations, or 2) Mr. Ostrem is continuing to fan the flames of public hype and misinformation re MSOP.
Consider Dennis Benson's continual references to the so-called "worst of the worst". Well, the public now knows what I've known since at least 2004, and that is that this perception is patently false, and designed to cover up the incompetence of the state's risk assessors, and give the public a false sense of security. Mr. Benson made false representations to the Minnesota Legislature, and one is those was outrageous. Mr. Benson testified that the average "patient" in the MSOP has 16 victims. That is false.
I publicly challenge the Minnesota Department of Human Services to provide that data to the public. It is a lie. The average HosPrison in the MSOP currently has no more than 2 criminal sexual conduct victims (whose allegations were EVER proven in any courtroom beyond a reasonable doubt) and while that is 2 victims too many from my viewpoint, it is illustrative of the public con job perpetrated by DHS/MSOP officials for many years now. It's time we as a state demand changes in this broken system. I am advocating for a system in which the most dangerous are accurately identified, and I have the contacts, the experience and the knowledge to implement this system if I had the cooperation of the neccessary people and if everone would supplant their egos for Public Safety. Their way is not working.
Bear in mind also that here in MN, a sexual assault (RAPE) conviction can be (and was in my case) obtained based solely on the word of the "victim", and there is no requirement of a constitutional nicety like real evidence to support the uncorrobated allegations of the accuser. I will blog about this seperately, and how there is increasing evidence these laws lead to innocent men being falsely labeled rapist, sex offender, predator, etc. and how the lying accusers are deemed "victims", thus robbing and raping true sexual assault victims of much needed resources.
Blue Earth county is launching its Blue Print For Safety Plan. I congratulate and wholeheartedly thank everyone who worked tirelessly to prevent domestic abuse/assault/violence/homicide.
Now, add the piece to the puzzle of civilly committing the "worst of the worst" Domestic Offenders, and we are really onto something as a state that can and will make positive differences and save lives. Blue Earth county has experienced at least six domestic homicides. This violence needs to end.
After more than a decade of litigation, a settlement has been reached in a federal class action challenging the adequacy of mental health treatment given sex offenders civilly committed to the state Special Treatment Unit in Avenel. Here is the link to an article with more info:
Northland corrections officer faces charges for allegedly having sex with inmate
A 56-year-old corrections officer from Tower faces seven charges related to allegedly having sex with a female inmate, according to a criminal complaint filed Friday in Itasca County District Court.
By: News Tribune staff, Duluth News Tribune
A 56-year-old corrections officer from Tower faces seven charges related to allegedly having sex with a female inmate, according to a criminal complaint filed Friday in Itasca County District Court.
James Allen Bongaarts is accused of multiple acts of sexual misconduct with a female inmate at the Minnesota Correctional Facility in Togo, also known as Thistledew and located between Cook and Bigfork off Minnesota Highway 65.
The court filed seven felony criminal sexual conduct charges based on admissions from Bongaarts and the inmate that they had sex several times in the past two months.
Thistledew is an alternative incarceration facility that began in 1955 as a forestry work camp for young offenders. It continues with programs for children in trouble from age 13 to 17. In 2004, the facility began a six-month boot camp program for non-dangerous adult women offenders.
Bongaarts has been employed there for two years.
According to the complaint, the inmate has been at the facility the past five months and told an investigator Thursday that she had sex or attempted sex with Bongaarts 10 times, the latest occasion being Wednesday. The investigator reported that the inmate said she had sex in a storage area at the camp.
Bongaarts was interviewed Thursday and, according to the complaint, admitted to having sex or attempting sex several times with the inmate. Bongaarts is reported to have said that on Wednesday the two were in the camp weight room when the inmate took his hand, put it on her crotch and indicated she wanted to have sex later in the day.
The complaint doesn’t indicate what triggered the investigation, only saying that a state investigator received information that an inmate was “sexually assaulted on multiple occasions by a guard.”
Bongaarts is in Itasca County Jail and will make a first appearance in court Monday.
Each felony count carries penalties of seven to 15 years and fines of $15,000 to $30,000.