The MSOP...

The MSOP...
FEAR BASED STRESS BOX Click on pic of MSOP!

Sunday, October 14, 2012

Introduction to MSOP Gulag Blog

This Blog is Dedicated to my Mom, my Dad, my two brothers, Robert & Steven Evenstad, my Sister Beth and her son Matthew Thomas, my Niece Brittany and her Son Collin James, and finally my Maternal grandparents who have gone before me to Heaven. This blog is also dedicated to my pursuit of the Truth and Justice! I am Committed (Pardon Pun) to proving my Innocence, and I'm closer to that today than at any time since Robert's arrest:

http://tomevenstadswrongfulconviction.blogspot.com/

If you have interest in donating to the cause of legally shutting down MSOP or reforming it if it is to exist, please make a donation toward that end. Thank you!



HERE IS WHAT ONE OF THE STATE'S "VICTIM'S" TOLD THE POLICE AND COURT:

https://dl.dropbox.com/u/24465959/2012-10%20%28Oct%29/JA.Recant1.pdf

https://dl.dropbox.com/u/24465959/2012-10%20%28Oct%29/JA.Recant2.pdf

https://dl.dropbox.com/u/24465959/2012-10%20%28Oct%29/JA.Recant3.pdf

None of the State's alleged "victims" have ever withstood the smell test. An unbiased Police Agent/Detective/Investigator--whatever--would have known that from Day 1. That's problematic.

This BLOG is created to create a Public Record of the ABUSES, VIOLATIONS, and of the sick, cruel, sadistic, Punitive Nature of this "Program" that the taxpayers of MN are paying for. It is also dedicated to showing and proving the facade behind the "Care", and "Treatment" and "Levels of Care" at the MSOP and destroy the illusion that the MSOP only houses the State's so-called "Worst of the Worst" Sex Offenders in Minnesota. I challenge State Actors to debate me on Policy. Bring 3--like an OpTeam. CHALLENGE, (Wait for it.........................................................................) ACCEPTED!

LET'S PUT THIS ISSUE TO THE VOTERS (READ TAXPAYERS) IN THIS STATE:

YES: SHUT DOWN MSOP, DETAIN THE TRULY DANGEROUS OF THIS SUBSET (MY ESTIMATE: 100-150) UNDER REVISED, WELL THOUGHT OUT, CONSTITUTIONAL SVP SCHEME(s) UNDER TRUE CRANE REQUIREMENTS or Detain as MID as applicable or...SIMPLY DISPENSE WITH THIS WHOLE CIVIL COMMITMENT OF THE POLITICALLY ILL.

Please look at what WORLD RENOWNED AND RESPECTED MINNESOTAN  C. PETER ERLINDER SAID IN 1993. YES, I JUST SAID 1993. PLEASE READ THIS. IT IS A SELF-FULFILLED WARNING TO NOW, IN 2012-13 THAT MINNESOTA TURNED A BLIND EYE TO:

https://dl.dropbox.com/u/24465959/Erlinder%201993%20Gulag.pdf

The SPP Act/Scheme is Unconstitutional (for one of many reasons) because there is no such thing as a "Sexual Psychopathic Personality". It's a scare Term the Politicians used to frighten you and twist the Constitution. You can't treat something that doesn't exist. That's a problem. Duh?

SDP Act/Scheme: Worse. 4 JUSTICES VIOLATED THE CONSTITUTION AND THEIR OATH TO UPHOLD THE LAW. THE LAW SAYS THAT A CASE NAMED CRANE NOW CONTROLS, AND THE CASES BEFORE CRANE ARE ALL IN HARMONY IN THAT THE STATE DOES NOT HAVE THE POLICE POWER TO USE CIVIL COMMITMENT AGAINST ANYONE IN MINNESOTA UNLESS THE STATE CAN PROVE THAT THEIR TARGET IS NOT ONLY DANGEROUS, BUT ALSO SUFFERS FROM A MENTAL DISORDER THAT IS REAL, AND IS SO SEVERE THAT IT MAKES THEM INCAPABLE OF PREVENTING THEMSELVES FROM HARMING OTHERS.

THAT IS A VERY NARROW CONSTITUTIONAL WINDOW THAT I ACCEPT MN HAS THAT LIMIT OF POLICE POWER. THAT LEVEL OF POLICE POWER IS MASSIVE, BUT ARGUABLY NECESSARY TO PROTECT THE STATE'S INTERESTS. MN HAS NOT APPLIED CRANE AND/OR ITS PROGENY: HENDRICKS, FOUCHA, ADDINGTON, ETC. POST-DRU.

NO: KEEP MSOP OPEN and leave SDP/SPPLaws intact in MN.  

This Blog is a TESTIMONY to the UNIQUE QUALIFICATIONS I BRING TO THIS TASK FORCE. I HAVE LOCATED, ORGANIZED, SCANNED, AND MADE PUBLIC THIS AMOUNT OF INFORMATION in 6 days BECAUSE THESE ISSUES ARE OF GRAVE IMPORTANCE TO ME PERSONALLY, US AS A STATE, AND WE (READ: ALL OF US) AS A PEOPLE, even the Patients/Proposed Patients/Clients/Hostages. etc.

NO ONE has experienced the HELL the State of Minnesota, The DHS/MSOP has put me and my loved ones and friends through. Not even any single "patient" in that Abuse Factory where the STAFF were FAR WORSE HUMAN BEINGS with very few exceptions THAN ANY/EVERY REAL SEX OFFENDER I WAS FORCED TO ASSOCIATE WITH, BREAK BREAD WITH, AND LIVE WITH FOR A DECADE AGAINST MY RIGHTS & WILL.

MSOP housed an INNOCENT MINNESOTA CITIZEN from June 15, 2006-March 6, 2007, and from April 29, 2007-August 18, 2008. This "program" is Constitutionally beyond redemption or salvation. The sooner MN accepts this fact the better. Until the MSOP is shut down (which is imminent in my opinion) you must have:

1) Criminal "Protections" (Didn't help me, but...) You can't have life/death sentences without the criminal level protections--that's absurd.

A) Proof Beyond Reasonable Doubt;
B) Jury Trial;

2) Right to confront: MN tried to claim I had "victims", but would not let me depose or cross-examine them. MN has always been afraid that the TRUTH will come out in my case, and it will. Judge Peter Albrecht (PICTURED HERE) let the State/Hennepin County SECRET/HIDE my alleged  "victims" so a REAL attorney (NOT an INCOMPETENT LIKE FREDERICK J. GOETZ), Jill Clark would be unable to use her formidable skills to GET TO THE TRUTH. THAT TELLS ME CLEARLY THAT JUDGE ALBRECHT KNEW THE STATE'S "VICTIMS" WERE LYING, HE WAS COVERING IT UP FROM THE BENCH, AND OVERSEEING MY SILENCING.

Change that: If you have REAL victims, then let the Respondent Depose/Cross-Examine them. That will help to prevent another innocent man from experiencing the hell I went through at the Hands of the State. That should provide closure and healing for real victims, and I have as much sympathy and empathy for REAL VICTIMS as ANYONE has.

3) Out state experts evaluating the exceedingly rare times MN should have to Petition. It will never be a fair process when you are using the State doctors who have vested interests in the outcome, and have to say "Commit" in order to be on the Court-Appointed Panels. They all know what they have done. It is not a secret. (Fixing cases due to relationships with Prosecutors and wanting to stay on Gravy Train and bow to Political Pressure.) Enough of this! I know the Outstate Evaluators MN needs to use to fix this problem.

 
As long as this "System" is going to allow incompetent, biased, unethical "doctors" the State selects to do these Risk Assessments, you will never dig out of this problem--hence the 7 Outside Evaluators I informed the SOCCTaskForce about as well as Commissioner Jessen's Office over a week ago. NO WORD FROM ANYONE. 

An alternative to what MN should do but won't do (Not use any MN evaluators who have ever done a case in MN) would be to have a panel(s) of outstate evaluators reviewing the MN doctors, but most importantly, the State cannot select these outstate experts. They would of course, have an opportunity to be heard on these issues, but the State cannot be alloewed or trusted to select the evaluators. That would defeat the entire purpose.

I DEMONSTRATED, TIME AND TIME AGAIN FOR HONORABLE HENNEPIN COUNTY DISTRICT COURT JUDGE PETER ALBRECHT THAT MY CIVIL COMMITMENT CASE WAS A SHAM. I SHOWED HIM THE CLEAR EVIDENCE OF POLITICS AND RETALIATION BEING THE BASIS FOR THE PETITION, WHICH WAS A JOKE AND A PACK OF LIES--THE SAME AS MY CRIMINAL CASE I DID 10 YEARS OVER BECAUSE OF THE MALICIOUS PROSECUTION BROUGHT BY HENNEPIN COUNTY ATTORNEY OFFICE IN THE FIRST PLACE. SO, OVERZEALOUS COUNTY ATTORNEYS OFFICES THROUGHOUT THIS ENTIRE STATE AND THE ATTORNEY GENERAL's OFFICE GOT US HERE. NO ONE IN THAT CROWD (IN THAT PROSECUTOR MINDSET) SEEMS TO HAVE THE CHARACTER/AND/OR INTEGRITY TO STAND UP AGAINST THE STATE AND SAY: NO TO THIS INSANE"POLICY" of REFER EVERYONE: LOW RISK, MEDIUM RISK, HIGH RISK: MAKE THE DOC/AG OFFICE MAKE THE CALL. THEN WE WON'T BE BLAMED. THIS HAS TO STOP. I KNOW HOW TO STOP THIS PROCESS COLD. CUT THE CANCER OUT. NO MORE MN EXPERTS?EVALUATORS, BY STATUTE. THAT IS HOW. MY JUDGE HAD A YEAR TO "CUT THE CORD" on my clearly fabricated case, and he REFUSED. That is a SYSTEMIC problem in this System.

THIS TASK FORCE IS GOING TO HAVE TOUGH DECISIONS; GRIMM/JOHNSTON/OUT STATE EVALUATORS. THAT WILL ELIMINATE THE SCOPE OF THE PROBLEMS BY ABOUT 50%, which is a good starting place for Progress.

This Blog will also serve as a PUBLIC Repository of Evidence to prove my claims that MSOP is illegal, unconstitutional, and must be shut down. It will also serve as a forum for ideas on how to shut down or improve the MSOP. My very strong belief is that if MN does not VOLUNTARILY shut down MSOP, the Courts surely will do it for the State at long last.

I have the information and arguments as to why the PROCESS of SDP/SPP Civil Commitment to the MSOP is illegal and unconstitutional, and this is the "POLITICAL COVER" that the Legislators are so worried about. It also eliminates understandable concerns from the Public, because even the Public will have to acquiesce that DUE PROCESS is still a Right here, even if "We" don't like "Them".

Dean Eric Janus has been out front on these issues for 20 years now. Janus has articulated most of these issues better than I ever will. Here is what he had to say while I was in the MSOP in 2006:

https://dl.dropbox.com/u/24465959/Failure%20To%20Protect%20Janus.pdf

Men have grown old and died during the "two years" that the "average patient" was expected to COMPLETE the MSOP as it was designed by Dr. Michael Farnsworth:

SEX OFFENDER PROGRAM HEAD: "I CAN'T DO THIS ANYMORE"The Minnesota civil commitment program is considered a model for other states. But the man who designed the program says it's become irrelevant because of politics.
Michael Farnsworth says high-risk sex offenders are often very difficult to rehabilitate. But he says the Minnesota civil commitment program used a medical model based on science, to give offenders a chance to prove they can change.
Farnsworth left his job as head of the sex offender program in 2003, when the model program was caught in the middle of election-year politics.
"The attorney general at the time was, 'I'm going to be tough on crime, the governor is soft on crime and soft on sex offenders.' The governor was declaring he was not going to allow any sex offenders out on his watch," Farnsworth recalls.
"The message patients in the program got was, 'It doesn't matter how hard you work or whether you might recover, you're not getting out.' So if you want to undermine a program, that's the best way to do it," says Farnsworth. "Get the chief executive officer of your state to tell them that no matter how hard they work, they'll never get out. At that point I said, 'I can't do this work anymore.'"
Farnsworth says too often sex offender management is left to what he calls the hysterics and politics of the moment. He says the debate needs to move to another level.
"We haven't come to that intellectually honest place about what we really want to do with the group," Farnsworth says. "If you wanted to look at your best bang for the dollar you'd simply lock anyone up who's a sex offender and not pretend that you're providing treatment. You'd save a lot of money."
"I think it's more politically palatable to say, 'We are trying to provide treatment,' than to say, 'We just want to lock people up forever,'" says Farnsworth. "But the net effect, given the climate we live in, is that we end up locking them up forever, but doing so at the high cost of treatment."
Farnsworth says that decision has consequences. He says the state spends millions on a program politicians don't trust, to treat sex offenders who will never be released.
Farnsworth wonders, would that money be better spent on programs to treat the troubled kids who grow up to be sex offenders?
A CALL FOR MORE THOUGHTFUL POLICY
Jill Levenson says lawmakers often don't analyze the consequences of their policy decisions, especially when it comes to sex offender laws. Levenson is a Florida college professor who specializes in studying sex offender laws.
"Many policies tend to be passed after a high-profile, heinous crime. There is a certain amount of desperation or panic, and we grasp at straws to do something that looks like it will solve the problem," says Levenson. "Unfortunately, broad policies that are based on unusual events probably are not going to be very effective in attacking the problem in general."
Levenson contends those laws have done little to reduce sex crimes in the past 10 to 15 years. She argues it's time to set aside emotion and focus on effective measures.
"The idea behind research-based policy is to take what we know, and use that information to inform our policies and treatments and interventions, so we're most likely to be able to create the largest effect we can," Levenson says. "To do otherwise is not only inefficient in terms of resources, it's unethical because what it provides is a false sense of security to the public."
Levenson says there are no laws that can ensure there will never be another violent, horrific sex crime. But she says acting on emotion rather than science wastes money that could improve public safety if it were targeted more effectively.



The SDP/SPP laws were constructed on very tenuous Constitutional grounds. The Minnesota State Courts as well as the Federal Courts have coddled this Program until very recently and turned a blind eye to the egregious Constitutional violations for nearly 20 years. The Constitutional House of Cards is collapsing, and it is collapsing spectacularly. I am blessed and honored to be witness to this!

PUBLIC SAFETY WILL BE BETTER SERVED WHEN MSOP IS SHUT DOWN.

EVERYONE SHOULD CARE ABOUT THIS BECAUSE THE STATE OF MINNESOTA LOCKED ME UP IN MSOP AS AN INNOCENT MINNESOTA CITIZEN, WRONGFULLY CONVICTED OF A SINGLE SEX "CRIME" WITHOUT ANY EVIDENCE BEYOND WORDS.

 IF IT CAN HAPPEN TO ME, IT CAN ALSO HAPPEN TO YOU. I AM LIVING, BREATHING  PROOF THAT THESE LAWS (SDP/SPP) ARE UNCONSTITUTIONAL IN MINNESOTA ON THEIR FACE, as well as AS APPLIED:

http://moritzlaw.osu.edu/osjcl/Articles/Volume6_1/Janus-Bolin-PDF.pdf 

AND THAT THE MSOP IS AN UNCONSTITUTIONAL PUNISHMENT CENTER THAT NEEDS TO VOLUNTARILY CLOSE ITS DOORS OR HAVE THAT RESULT LEGALLY COMPELLED.

The general public will be far safer with the resources from this failed Program used to protect the many from the many instead of using illegal, unconstitutional Preventive Detention to protect the few from the few. It is just bad policy implemented poorly as Dean Eric Janus stated nearly 10 years ago:

 https://dl.dropbox.com/u/24465959/TF%20EJ%20Policy%202003.pdf

The data that I possess clearly shows once and for all that MSOP is an illegal, unconstitutional Punitive (punishment-based) Program, and that because the nature and purpose of this Program is punitive vs therapeutic, that it is unconstitutional on its face, and unconstitutional as applied to the hundreds of men who have been languished there on the Taxpayer's expense over the past 20 years. I have the evidence to prove these allegations in Federal Court beyond any rational, logical or reasonable doubt.

I also decided to create this Blog to show the public that this false, fear based perception that MSOP is filled with dangerous, psychopathic sex offenders is simply false. It is the understandable result of Post-Rodriguez politics, fear mongering and hype framing Public Policy rather than reason, empirical data--any sense of morality as a State. I know many of the men at MSOP personally, and I know for an absolute fact that most of those cases were "cooked" by the MN DOC and the MN "Experts". I know many of the kids that were locked up at MSOP because they aged out of the Juvenile Justice System with no adult convictions.

Obviously the Prosecutors were in on this unconstitutional Railroading as well. The Orders came from the Top Down, and there was not courage to go against this Manifest Injustice. The experts smelled the money and greed is a factor. The MN "experts" would not remain on the Court Appointed Panels if they were not going along with this ride and oftentimes fabricating mental diagnosis out of thin air to assist the State with it's Political Agenda of locking up Low Risk, Moderate Risk, and High Risk SO's. Thank God not all the MN experts were Fabricating cases, just most of them. Some of them had the courage to evaluate without caving to pressure.

Sending hundreds of Minnesota citizens off to a Death Sentence of daily abuse was the solution the Pawlenty Administration and many, many others in this State came up with to avoid even the possibility that the State would be embarrassed again with another high-profile tragedy. As a group of people, the sex offenders were deemed expendable as human beings by these people.

Some men at MSOP pose unacceptably high risk, while most do not pose such high risk that they cannot be effectively managed in the community all while protecting public safety, which is absolutely paramount. I know exactly how to sort these very different categories out if the State will cooperate with me for a change rather than retaliating against me and violating my rights. I have 7 Nationally recognized SVP Evaluators on standby, and ready to help clean up this mess if the State elects not to shut down this Program in its entirety.

I grew up in Edina, MN, and had a pretty normal childhood. I enjoyed sports and graduated from Edina High School in 1984. I went on to a career in sales at All American Automotive in Minnetonka.I became involved with telephone chat lines around 1995-96, and by 1998 I had a false accusation of sexual misconduct by a young adult woman. I have detailed my wrongful conviction in a separate blog, but suffice it to say that I was eventually wrongfully convicted, and hauled off to prison.

While I refuse to use this forum to argue my wrongful conviction, I have established a separate Blog to provide the Blueprint for Wrongful Conviction:

http://tomevenstadswrongfulconviction.blogspot.com/

I wrote some people a letter from prison. Please review my January 30, 2003 Letter to then-DOC Commissioner of Corrections Joan Fabian and others in power in this State and the Federal Government here:

 https://dl.dropbox.com/u/24465959/1.30.03%20GPS%20Letter0001.pdf  

I will tell you all about what happened after I sent this letter out. Some of my ideas and vision in this January, 2003 letter are now a website by Elizabeth Smart:

http://www.notonemorechild.org/,

http://www.prnewswire.com/news-releases/not-one-more-child-campaign-56857827.html 

The fact that is that many, many states are now routinely using GPS in the manner I first proposed in MN here on January, 30, 2003.

This January, 30, 2003 letter was 10 months PRIOR to the Dru Sjodin abduction by Level 3 SO Rodriguez.

The only responses I received were from MN AG Mike Hatch's Office:

https://dl.dropbox.com/u/24465959/2.21.03%20Hatch%20Response0001.pdf and Sen. Michelle Bachmann.

Then the Dru Sjodin tragedy occurred, and Rodriguez became the suspect. I was enraged that the people with the authority and power to protect Dru Sjodin from Rodriguez had abjectly failed to. My Proposal, had it been acted on would have prevented this tragedy. The State didn't like me throwing that in their face.

After all, the State had mistakenly classified me as a "sex offender", and the State didn't like my constant efforts during my 12 year prison term to prove my innocence. At the end of the day, it was he-said/she-said--NO EVIDENCE, and I'm still trying to prove my innocence now with help.

The State of Minnesota thought I was so dangerous in 1998 that the Hennepin County Prosecutor (Read PERSECUTOR), Stuart Shapiro offered me a plea bargain of Time-Served--Go HOME, no more jail and NO PRISON TIME, 3rd degree assault (like altercation with man at bar, etc.), NO SEXUAL RELATED CONVICTION--thus, no Conditional Release, No "Treatment" necessary/needed/ordered, no REGISTERING AS A SEXUAL "PREDATOR"--just Time Served, Go Home, and in 3 years of successful Supervision (which I've completed now) the Felony 3rd degree assault (NOT Criminal Sexual Conduct) would reduce to a Gross Misdemeanor.

Then, MAGICALLY (and Tragically for my loved ones and I) after angering the State Actors with the truth about Dru Sjodin and Alfonso Rodriguez, I became SO VERY DANGEROUS that the State had to move Heaven and Earth to attempt to lock me up until the day I died, discredit me, and make me look like a Sexual Predator myself.

The State controls the documentation, and they can (and did) steer it to suit whatever evil, illegal agenda it may have and clearly did have, in my case. This evil, illegal, and unconstitutional attempt by the State to quiet my voice forever via MSOP cost MN & Hennepin County citizens/taxpayers approximately $500,000 by my calculations via the limited information I have on this issue.

I was very upset with the State Actors who allowed the Dru Sjodin tragedy, so I sent letters to Pawlenty and the DOC telling them how upset I was with them and I told them that Dru Sjodin's blood was on their hands:

https://dl.dropbox.com/u/24465959/12.17.03%20Ltr%20to%20Skon%201%20pg%20of%20Unknown%20pgs0001.pdf


https://dl.dropbox.com/u/24465959/12.18.03%20Ltr%20to%20Pawlenty0001.pdf


The "Official" response of behalf of the DOC & Pawlenty via this letter:

https://dl.dropbox.com/u/24465959/4.13.04%20Skon%20Response%20for%20Fabian%20Pawlenty0001.pdf

It seems these State Actors were not very happy with this exercising of my 1st Amendment Rights.

The unofficial response by the State/Gov Pawlenty/DOC/DHS/MSOP was Retaliation in the most unimaginable form: Fabricate a Civil Commitment case against me, alleging that I am a Sexually Dangerous Person and/or a Sexual Psychopathic Personality. I can't think of a better way to discredit someone and chill their voice than by locking them up for the rest of their life in a mental institution for non-mental sex offenders. GENIUS! Only I would never do that to someone. I guess that fact places me on Higher Moral Ground than the people controlling me.

Here is a nice little summation of what the DOC, Pawlenty, Bill Donnay and others did to me:

https://dl.dropbox.com/u/24465959/Complaint%20Fabian_Donnay.pdf 

And then the Nightmare really began for me and my loved ones...STAY TUNED!!!

I promise to tell the Public the truth and let the Public judge for themselves who they believe is credible and who is not credible based on evidence. My fate could not POSSIBLY be worse off in the Court of Public Opinion than it has been in the MN State Courts and the Federal Courts to date that have failed to invalidate my Wrongful Conviction. I think that will change soon though.

I'm Formally (and Publicly) requesting Whistle-blower type protection by the State/Feds (DOJ), Governor Dayton,  from retaliation by State Actors exposed herein. I have dire fears that I will be retaliated against again!

No comments:

Post a Comment