The MSOP...

The MSOP...

Thursday, December 27, 2012

MN Supreme Court: Fulfill Your False Promise!

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" 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.

No comments:

Post a Comment