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The MSOP...
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Tuesday, February 26, 2013

Evenstad v DOC/Donnay

Let's compare the dangerousness of 3 men in MSOP: Josh Cox, Chris Krych and Brad Stevens, with 3 of the first 5 of 296 Level 3 Sex Offenders Bill Donnay, Dwight Close and Company at the MN DOC dumped mostly in Johnny Northside's delapitated North Minneapolis 'hood Chicago Gangbangers claimed as their own in the 1980's:

Josh Cox is a low risk intrafamilial offender, committed in the post Dru Sjodin era: Fake Case;
Chris Krych is a low-moderate risk offender, whose examiner, Roger Sweet, "flipped" Fake Case;
Brad Stevens is an extremely low risk offender, who was victimized by Goodhue/AG FAKE CASE

COMPARE:

http://www.doc.state.mn.us/level3/OffenderDetail.asp?OID=231352&AddressID=75922

Just look at this character's RISK PROFILE AND MO: HE TARGETS 6-10 YEAR OLD GIRLS WHO ARE COMPLETE STRANGERS TO HIM. He will molest your child in public or abduct her in public, or save time and just enter your home to access your First Grader! Minnesota Officials, including MN DOC "World Class" Risk Assessors: Dwight Close, Bill Guelker, Theresa Leverentz, Jo Earhart and the rest of the names of these fools I will obtain as soon as practicable have dumped these "Worst of the worst" into our communities while committing low and low-moderate inmates!
ALBA, ROMEO
FrontSide
Birth Date:07/28/1976
Race/Ethnicity:WHITE/Hispanic
Skin Tone:MEDIUM
Hair Color:BLACK
Eye Color:BROWN
Height:5'06"
Weight:152
Build:MEDIUM
OID: 231352
Supervising Agent: Expired from court imposed Minnesota prison sentence and supervised release.
Supervision Comments:
Release Date:
Offense Statute(s): 609.255 (Charge), Texas Statute for Indecency w/Child
Offense Information:
Offender has a history of attempted abduction and sexual contact with victims (female, age 6 – 10). Contact included fondling. Offender gained access to one victim by approaching her in a public place and gained access to others by entering their residence without permission. Force was used to gain compliance. Offender was not known to victims.
Address County: BLUE EARTH
Registered Address: Homeless, near the 400 block of South Riverfront Drive
Mankato, MN 56001
Law Enforcement Agency: Mankato Department of Public Safety
507-387-879

http://www.doc.state.mn.us/level3/OffenderDetail.asp?OID=154599&AddressID=75785

ALI, ABDUL SHAKA
FrontSide
Birth Date:11/01/1957
Race/Ethnicity:BLACK
Skin Tone:DARK BROWN
Hair Color:BLACK
Eye Color:BROWN
Height:5'11"
Weight:252
Build:STOCKY
OID: 154599
Supervising Agent: Expired from court imposed Minnesota prison sentence and supervised release.
Supervision Comments:
Release Date:
Offense Statute(s): 609.342
Offense Information:
Offender has a history of sexual contact with female victims (age 12 to adult). Contact has included fondling and penetration. Offender has used force and threats to gain compliance. Offender was known and not known to victims.
Address County: HENNEPIN
Registered Address: 1000 block of Currie Avenue
Minneapolis, MN 55403
Law Enforcement Agency: Minneapolis Police Department
612-673-2853
Aliases: ALI, ABDUL SHA KA
ALI, SHA KA
ALI, SHAKA
HINTON, ANTHONY
HINTON, ANTHONY JAMES
HINTON, TONY

http://www.doc.state.mn.us/level3/OffenderDetail.asp?OID=187429&AddressID=66742

APPLETON, TYRONE
FrontSide
Birth Date:12/22/1958
Race/Ethnicity:BLACK
Skin Tone:DARK BROWN
Hair Color:BLACK
Eye Color:BROWN
Height:5'11"
Weight:160
Build:MEDIUM
OID: 187429
Supervising Agent: Hanson, Joel
Supervision Comments:
Release Date: 11/3/2011
Offense Statute(s): 609.342
Offense Information:
Offender engaged in sexual contact with victims (2 adult females). Contact included penetration. Offender entered victims' home without permission and used force and a weapon to gain compliance. Offender was not known to victims.
Address County: RAMSEY
Registered Address: 900 Block of Aurora Avenue
St. Paul, MN 55104
Law Enforcement Agency: St. Paul Police Department
651-291-1111
Aliases: APPLETON, SHOE
APPLETON, TYRONE JR

POST IN PROGRESS




Saturday, February 9, 2013

MSOP: 25 TRUE Fast Facts

1. Minnesota has more civilly committed sex offenders than any state in the United States;
2. States like California, New York and Texas with 5x our population have fewer sex commitments;
3. Minnesota's SVP Program (MSOP) is the most expensive in US, demanding 73M this Session;
4. MSOP has not Fully Discharged one single man or the female alleged "SVP" it is holding captive;
5. Minnesota launched a War on Sex following the easily preventable homicide of Dru Sjodin, which was coincidentally being written about by a young, brilliant Professor named Cory Rayburn Yung: https://dl.dropbox.com/u/24465959/The%20Emerging%20Criminal%20War%20on%20Sex%20Offenders.pdf
6. Minnesota officials were forewarned of the Deadly Gap in their state laws by their innocent, wrongfully convicted so-called Chat Line Rapist in January, 2003 which was 10 months prior to the Dru Sjodin homicide: https://dl.dropbox.com/u/24465959/1.30.03%20DRU_SJODIN_PREVENTABLE.pdf
7. Minnesota officials knew Alfonso Rodriquez was severely mentally ill, and violently dangerous;
8. MN Department of Corrections psychologists, including Rita St. George knew Rodriquez was extremely dangerous having personally interviewed him and she made sure all the right people knew;
9. MN DOC psychologists in the RA/CN Unit "Supervised" by Bill Donnay knew Rodriquez was among the Top 5 Most Dangerous inmates within the entire DOC.
10. Rodriquez himself told State Officials he was still having violent sexual fantasies and was worried about he could live in our community without raping and killing a young woman or plural;
11. Bill Donnay made a DEADLY DECISION BY VOTE TO RELEASE RODRIGUEZ WITHOUT THE MINIMAL, REASONABLE SAFEGUARDS FOR DRU SJODIN I URGED BE ADOPTED;
12. TIM PAWLENTY DID NOTHING TO STOP THIS TRAGEDY HE HAD ANSWER TO STOP;
13. Tim Pawlenty lied to the world by touting my Jan. 30, 2003 GPS Proposal as his own;
14. State Sex Offender Policy following the preventable Dru Sjodin tragedy has resulted now in 296 Level 3 (Highest Risk) sex offenders released to our streets by mainly Bill Donnay and John Kirwin.
15. Bill Donnay is DOC RA/CN Unit Supervisor, and John Kirwin is the "Civil" Commitment Lead Attorney for the Hennepin County Attorney's Office, whose "leader" is Mike Freeman.
16. Between Donnay, Kirwin and Freeman, Hennepin County has dumped approx. 196 L3's in HC;
17. MSOP has by State Officials public statements 28% of its population Lowest and Moderate Risk;
18. 28% of 706 people is 196 Lowest and Moderate Risk in MSOP with 196 Highest Risk on streets;
19. 296 Level 3 sex offenders on our streets while 196 low/med risk sex offenders in MSOP problem;
20. Minnesota began condemning 70+ men into MSOP per year starting in 2003 w/no law change;
21. The Baseline for Sex Commitments in MN the previous 20 years had been 5-6 men per year;
22. When we know from the historical baseline that before Tim Pawlenty assembled his Gang of Thugs and launched their political War on Sex that 5-6 REAL cases come out of the DOC every year, yet 70 men are being condemned to die in State Custody, we then clearly know that;
23. Of the approximately 550 men condemned to the MSOP due to War Criminal Pawlenty's Political Games ENDANGERING ALL MN CITIZENS THE PAST DECADE, approximately 50-60 REAL CASES CAN BE VERY EASILY IDENTIFIED BY MYSELF AND COMPETENT, NON-CORRUPT FORENSIC PSYCHOLOGICAL EXAMINERS LIKE DR ROBERT RIEDEL, WHILE THE FAKE CASES...THE 490-500 MEN WHO ARE AT:
A) LOWEST RISK/LOW RISK: EST: 50
B) LOW/MODERATE RISK: EST: 75
C) MODERATE RISK: 125
D) MODERATE/HIGH: 100
E) High (Level 3) but NOT SVP: 140-150 (BALANCE OF NON-SVP)
24. The 50-60 REAL SVP CASES WE CAN IDENTIFY CAN BE REEVALUATED FOR MID AND IF ABLE TO FUNNEL TO MID THOSE WHO ARE MID AND EITHER RELEASE WITH MY "DEADLY GAP" PROPOSED LEGISLATION PASSED OR CRAFT VERY NARROW SVP LAW
25. WELL RESPECTED, DISTINGUISHED MN JUDGES ARE ON PUBLIC RECORD COURAGEOUSLY STATING THEY KNOW FOR A FACT PROSECUTORS, POLICE AND JUDGES ALL OVER THIS STATE DISPENSED ILLEGAL, UNCONSTITUTIONAL, UNJUST, BARBARIC PUNISHMENT BY AMBUSH AND FRAUD/TRICKERY ON YET MORE UNSUSPECTING STATE VICTIMS TO GO HAND IN HAND WITH MARY COONROD, KATIE POIRER. DRU SJODIN, MANYA TWITE IN THIS STATE SANCTIONED MADHOUSE OF PREVENTABLE CARNAGE DISPENSED BY YOUR HARD EARNED TAX DOLLAR. MSOP AND THE LEGISLATURE EVERY YEAR: INSANITY... DO SAME...EXPECT DIFFERENT! These victims of premeditated 'GET 'EM ON THE BACK END" STYLE OF PERVERTED JUSTICE PLAYED OUT IN EVERY CRACK AND HOVEL OF THIS ONCE GREAT STATE, NOW INFECTED WITH DEADLY PREDATORS WHO HAVE KILLED AT LEAST 19 IN THE CONFINES OF THE MSOP FOR ALLEGED FUTURE CRIMES BY ALLEGED SEX OFFENDERS IN A STATE WHERE THERE IS NO EVIDENCE BY DESIGN TO SUCCESSFULLY TARGET ANY STATE UNDESIRABLE (LIKE ME) CONCOCT ANY ALLEGATION OF A SEXUAL NATURE AGAINST THE GOVERNMENT/STATE TARGET, AND ARREST, CHARGE, PROSECUTE & CONVICT EASILY DESPITE NO CRIME/VICTIM.
BRAD STEVENS VICTIMIZED...RAPED BY GOODHUE COUNTY AND THE MINNESOTA ATTORNEY GENERALS OFFICE WHO TOOK TURNS ON STEVENS WHILE HE WAS MOST VULNERABLE...STATE ACTORS ON YOUR TAX $ RAPING & SODOMIZING BETTE STEVENS' SON OF HIS GOD GIVEN AND CONSTITUTIONALLY PROTECTED MOST SACRED OF ALL RIGHTS: LIFE, LIBERTY, PURSUIT OF HAPPINESS, FREEDOM FROM GOVERNMENTAL INTERFERENCE INTO HIS THINKING, FROM THE CRUEL AND UNUSUAL PUNISHMENT THAT IS ABSOLUTELY UNIQUE TO THE MSOP AMONG ALL LOCKUPS IN OUR STATE AND ON THIS EARTH. THE MOST PUNITIVE LOCKUP IN the entire USA--BAR NONE (Pardon Pun).

Please stand w/me for Public Safety and reasoned reallocation of the 73 million $$$ MSOP fund!

Please note that while MSOP states it's "Top Priority" (interesting as I think treatment should be top priority of "Treatment Program!"--Especially one demanding 70+M/Yr lying about "Avg patient 16 victims" "Worst of the worst" etc. Just look at Eugene Glaraton on DOC L3 list...much more dangerous than 600 of the 700 Political Detainees in our State's Guantanamo.

"Issue" MSOP does not "promote" public safety. The truth could not be more remote.

The 73 million dollars in the hands of public safety officials and experts deciding how to allocate would be promoting public safety. MSOP compromises all of our physical safety and civil liberties.

Please see: www.msoptaskforceinfo.blogspot.com for more information, and I thank you in advance!

Please feel free to contact me 24/7/365 with any questions. I attach my recent, initial written submission to the Senate DHS Finance Committee Chaired by Sen. Tony Lourey of Kerrick, MN.

February 9, 2013


Ex-MSOP HosPrisoner
Thomas Evenstad-Mound
OID# 172482
MREC# 66373
Human Being
INNOCENT MAN

Tuesday, February 5, 2013

A Damning True Statement!

"Public safety is MSOP’s top priority":

Q. What is the total operating cost of MSOP?
A. The total budget for fiscal year 2012 is $70.4 million.
Q. What is the per diem cost of the program?
A. For 2012, the per diem is $293.
Q. How old are the clients in MSOP?
A: MSOP clients range in age from 21 to 90 years of age. The average age is 46.

Minnesota Sex Offender Program frequently asked questions

Q. What is the Minnesota Sex Offender Program?
A. The Minnesota Sex Offender Program (MSOP) provides services to individuals who have been court-ordered to receive sex offender treatment. MSOP clients have completed their prison sentences and are civilly committed by the courts and placed in sex offender treatment for an indeterminate period of time.
Q. Where is the Minnesota Sex Offender Program located?
A. The Minnesota Sex Offender Program (MSOP) is part of the Minnesota Department of Human Services. MSOP is one program with treatment facilities in two locations — Moose Lake and St. Peter, MN.
Q. How many people are in the Minnesota Sex Offender Program?
A. As of Oct. 1, 2012, there are 669 clients in the Minnesota Sex Offender Program.
Q. How long has Minnesota had a treatment program for people who have been civilly committed as sex offenders?
A. Minnesota has had a civil commitment law since the 1930s that was primarily used for those determined to be Mentally Ill and Dangerous (MI & D), but it was not until the 1990s that these laws were revised and more widely implemented for sex offenders. MSOP opened in Moose Lake in 1995 to provide treatment to individuals who were committed as sexually dangerous persons or sexual psychopathic personalities. Prior to that, individuals who had a history of sexually offending behavior were committed to the Minnesota Security Hospital in St. Peter under the Psychopathic Personality Law.
Q. How is someone placed into the Minnesota Sex Offender Program?
A. Most MSOP clients, but not all, come from the Department of Corrections. Toward the end their sentences, all individuals convicted of sex offenses are reviewed for their potential risk for recidivism. The Department of Corrections determines which cases are referred for consideration of commitment. It is then up to the respective counties to determine if they want to pursue civil commitment for these individuals after their period of incarceration is complete.
Q. How does someone get discharged from the Minnesota Sex Offender Program?
A. Just as MSOP does not have the authority to place individuals into the program, MSOP does not have the authority to discharge individuals from the program. Clients must petition and receive approval from the Supreme Court Appeal Panel (SCAP) to transition to the MSOP Community Preparation Services (CPS), or receive a provisional discharge or discharge from commitment. In evaluating whether to approve a transfer to CPS, the SCAP must consider the following factors: The person's clinical progress and present treatment needs; the need for security to accomplish continuing treatment; the need for continued institutionalization; and, whether the transfer can be accomplished with a reasonable degree of public safety.
Q. How does MSOP help clients get ready to transition to move into CPS or into the community?
A. Public safety is MSOP’s top priority, and most of the clients in MSOP have been living in institutions for many years. To help prepare clients ready to make a transition into CPS or into the community, MSOP has implemented a rigorous reintegration process. Reintegration programming includes gradual, measured increases in privileges. This allows clients to apply what they have learned in treatment, manage their risk factors and demonstrate their ability to interact with others safely and responsibly, both on the MSOP campus and in the community.
Q. Has anyone ever been released from the program?
A. Recently, a client was provisionally discharged from MSOP and is currently living in the community under close monitoring and supervision. Prior to that, one other client was provisionally discharged a number of years ago. However, that client’s provisional discharge was later revoked for non-compliance with the requirements of the provisional discharge plan (this client did not reoffend). Currently, there are 10 MSOP clients who have successfully petitioned the SCAP to transition to CPS. To date, the SCAP has not approved any client's petition for full discharge from their commitment as a sexually dangerous person or sexual psychopathic personality.
Q. What if a victim wants to be notified about someone being provisionally discharged from MSOP?
A. Per statute, victims who want to receive notification of a client’s change in status, which includes provisional discharge, must submit a written request to MSOP.
Q. What is the total operating cost of MSOP?
A. The total budget for fiscal year 2012 is $70.4 million.
Q. What is the per diem cost of the program?
A. For 2012, the per diem is $293.
Q. How old are the clients in MSOP?
A: MSOP clients range in age from 21 to 90 years of age. The average age is 46.

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Quick Links

Steven Johnson Release

Is anyone going to say anything in the media about what I've uncovered?

Am I going to have to sue the DOC for that info on Steven Johnson's Civil Commitment "Screening"

as Risk Assessment Supervisor William Donnay calls DOC's "World Class" Team while let Blom out until he escalated to sexual murder, let Rodriquez out until he graduated to sexual murder, and until Steven Johnson exploded in the obvious sexual violence associated with the crime the State is downplaying as a domestic gone bad without telling you what they know, their DOC psychologists know, what William Donnay knows all too well as he orchestrated these slaughters for 20 years without one single person, one media outlet, one dead family member investigator report, one dead family member's shocking "discovery"s learned through even one wrongful death lawsuit (The Sjodin family attorney is so disgraced he won't poke his head out in public).

IS MANYA JEWEL JOHNSON's FAMILY GOING TO FILE A WRONGFUL DEATH LAWSUIT SO THIS DOESN'T JUST KEEP HAPPENING OVER AND OVER AGAIN? STAND WITH ME!

STEVEN JOHNSON SHOULD NEVER HAVE BEEN RELEASED AND HIS SHOCKING CRIME HAS ALREADY DISAPPEARED IN THE MN MEDIA EVEN AFTER I IDENTIFIED THE GAP THAT LAWMAKERS HAVE TO CLOSE THAT COST DRU SJODIN HER LIFE DUE TO CRIMINALS LIKE TIM PAWLENTY, DWIGHT CLOSE AND BILL DONNAY.

INDICTMENTS

General Public In GRAVE DANGER!

HERE's ONE OF THE 100's of DANGEROUS, VIOLENT LEVEL 3 OFFENDERS OUT IN OUR COMMUNITIES WHILE MEN LIKE Brad STEVENS, Chris KRYCH & Tim LINCOLN SUFFER. I SURE HOPE YOU SLEEP BETTER THAN I CAN KNOWING THIS!

STATE v. GLARATON

425 N.W.2d 831 (1988)


STATE of Minnesota, Petitioner, Appellant,
v.
Eugene Paul GLARATON, Jr., Respondent.

No. C9-87-893.

Supreme Court of Minnesota.



July 15, 1988.


Mollie Raskind, Deputy State Public Defender, Minneapolis, for petitioner, appellant.
Mark Lystig, Asst. Dakota County Atty., Hastings, for respondent.
Considered and decided by the court en banc without oral argument.

KELLEY, Justice.
This appeal presents the issue whether the court of appeals erred when it vacated a 240-month sentence following respondent's conviction of criminal sexual conduct in the first degree. The original sentence imposed by the trial court represented a departure slightly more than four times the maximum presumptive sentence duration provided in the Minnesota Sentencing Guidelines (58 months when offense was committed by one having a criminal history of 1). We hold the court of appeals properly affirmed the respondent's conviction; but we hold it erred in ruling that the departure was excessive. Therefore, we modify the decision of the court of appeals by reinstating the sentence imposed by the trial court.
On October 28, 1986, the victim, a 15-year-old boy, was in ninth grade. Respondent had just turned 18 and was a school dropout. As the victim walked home after basketball practice respondent, whom he did not know, stopped him and asked the time. After the victim replied, respondent pulled out a pistol (it looked like a .22 caliber pistol but after respondent's arrest it was determined in fact to be an unloaded air pistol for shooting BB's). He then started threatening the victim with the pistol, saying he had killed 20 people with it and might shoot the victim. As they approached
[ 425 N.W.2d 833 ]

the victim's house the victim's mother was backing out the driveway. She observed the respondent and assumed that he was a new acquaintance of her son from school; she did not see that respondent had a gun inside his jacket pointed at the victim. The victim, who was too frightened to tell her what was happening, simply said "Hi" to her as she drove away. The victim was then forced to walk to an area approximately 2 feet wide between two nearby garages. There, with the gun pointed at the victim's head, respondent made the victim fondle his penis. Then he compelled the victim to drop his pants and forced him to spit on and lick respondent's penis. Then he forced the victim to submit to anal intercourse for 10 to 15 minutes. The victim felt that respondent ejaculated. Respondent also touched the victim's penis with his hand and with his mouth. While the victim was standing, respondent banged his head against the garage, after which respondent made the victim lie down and he lay on top of the victim. The barrel of the gun was inserted in both the victim's mouth and in his rectum. Respondent hit him in the nose and stomach with the gun, licked some of the victim's blood (which he said tasted "good"), and walked and bounced on the victim's back. Respondent asked the victim if he was a Christian (apparently because the victim had some religious materials on his person) and, when the victim said yes, respondent said, "I hate Jesus," and made the victim get on his knees and, saying, "Here, Christian," urinated on the victim's face. Respondent departed only after making the victim lie with his face in the urine and telling him to count to 50.

The victim ran home immediately and told his parents that he had been "raped" by a "faggot." The parents called the police who, shortly thereafter, arrested respondent as he was walking a short distance away. Initially respondent denied that he assaulted anyone. The victim meanwhile was taken to the hospital, where he received treatment for his cuts. One of these apparently was a permanently disfiguring cut.
Later, at trial, respondent admitted that he had physically assaulted the victim but denied that the assault had any sexual component. However, when being examined at the state security hospital at St. Peter, he admitted that he had raped the victim, saying that he did it because he was upset with his girl friend and wanted to take out his anger on someone.
Under the Minnesota Sentencing Guidelines, the presumptive sentence would be 54 (50-58) months in prison, given respondent's criminal history score of one (based on his juvenile record). The trial court imposed the statutory maximum for the offense under Minn.Stat. § 609.342, subd. 2 (1986), 20 years. In doing so the court stated on the record that it based its conclusion that severe aggravating circumstances were present on a number of factors including (a) the fact that respondent penetrated the victim in three different ways (fellatio by and on the victim and anal penetration of the victim), (b) the gratuitous physical assault of the victim, (c) the permanent nature of the injury inflicted on the victim, (d) the making of death threats, and (e) the infliction of psychological trauma.
In affirming the conviction but holding that the departure was excessive, the court of appeals pointed to the fact that the people who examined respondent at St. Peter stated that they did not think respondent was a "patterned sexual offender." State v. Glaraton, No. C9-87-893 (Minn. App. filed Feb. 16, 1988) (unpublished opinion) [available on WESTLAW, 1988 WL 10452]. It likewise noted that although respondent had a criminal history score of one, his 240-month sentence was the same as the one imposed on a compulsive sex offender having a criminal history score of two in State v. Herberg,324 N.W.2d 346 (Minn.1982). In vacating the sentence and remanding for resentencing, the majority mandated that the trial court consider mitigating factors and also clearly indicated that the trial court could not reimpose a 240-month sentence because the sentence
[ 425 N.W.2d 834 ]

was excessively harsh. Glaraton. In a concurring opinion Judge Huspeni agreed with the majority decision to remand for resentencing but she disagreed with the conclusion that the 240-month sentence was excessive. Glaraton.

Generally, when aggravating circumstances are present, the upper limit on a durational departure is double the Sentencing Guidelines maximum presumptive sentence duration. State v. Evans,311 N.W.2d 481, 483 (Minn.1981). But when the aggravating circumstances are severe, the doubling limit of Evans does not apply. State v. Stumm,312 N.W.2d 248, 249 (Minn.1981). Whether severe aggravating circumstances are present is a decision which, "[i]n the final analysis * * * must be based on our collective, collegial experience in reviewing a large number of criminal appeals from all the judicial districts." State v. Norton,328 N.W.2d 142, 146-47 (Minn.1983).1
In the instant case the respondent stuck the gun in the victim's mouth and in his rectum, causing the victim to think that he was going to die a horrible death. The victim was also subjected to multiple acts of penetration. Respondent inflicted gratuitous physical injury (including, apparently, a permanent scar) and psychological injury (perhaps of a permanent nature). Additionally, he urinated on the victim's face and made him lie face down in the urine; and ridiculed his religious beliefs. We conclude, as we did in Herberg under similar circumstances, that severe aggravating circumstances were present and that therefore a departure of greater than two times the presumptive sentence duration by the trial court was justified.
In State v. Mortland,399 N.W.2d 92, 94 n. 1 (Minn.1987), we made it clear that when, as here, severe aggravating circumstances are present, the only absolute limit on sentence duration for the offense is that provided by the legislature in the statutory definition of the offense. This, of course, does not mean that when severe aggravating circumstances are present the trial court should automatically impose the maximum sentence permitted for the offense. As we said in State v. Evans,311 N.W.2d 481, 483 (Minn.1981), when we adopted the general doubling limit, "this is only an upper limit and we do not intend to suggest that trial courts should automatically double the presumptive sentence length in all cases in which upward departure is justified nor do we suggest that we will automatically approve all departures of this magnitude." Similarly, while the statutory maximum is the upper limit on sentence length that applies in cases in which severe aggravating circumstances are present, trial courts should not automatically impose the statutory maximum each time severe aggravating circumstances are present. Moreover, appellate courts should not automatically affirm all sentences imposing the statutory maximum even though some severe aggravating circumstances may exist. Therefore, if the facts support the conclusion that the 240-month sentence was excessive, the decision of the court of appeals panel should be affirmed.
However, because we conclude that the court of appeals panel holding was based primarily on failure to consider the trial court record as a whole, we disagree with its holding that State v. Herberg,324 N.W.2d 346 (Minn.1987) is controlling. As indicated, the court of appeals felt respondent's sentence should be less than Herberg's because respondent had a criminal history score of one and is not a compulsive
[ 425 N.W.2d 835 ]

or patterned sex offender, and, therefore, it held the trial court had erred in failing to give weight to those perceived differences. We conclude that a distinction based on those perceived differences, in the light of the record, is unjustified. We note that its conclusion ignores that part of the report from doctors at the St. Peter State Hospital which states, in part, that "(defendant) is a very dangerous individual, likely to assault others in the future if left to his own devices." Moreover, the mere fact that respondent's criminal history score was one, whereas Herberg's was two, is not the sort of distinction that compels the conclusion that the trial court had to impose a lesser sentence than imposed on Herberg. Cf. State v. Vazquez,330 N.W.2d 110 (Minn.1983).

Accordingly, we hold that the court of appeals panel correctly affirmed respondent's conviction, but that it erred in holding the sentencing departure to be excessive. Therefore, we reverse and reinstate the sentence imposed by the trial court.


Footnotes


1. Relevant cases in which we have upheld greater than double durational departures include: State v. Hatton,409 N.W.2d 854 (Minn.1987); State v. Mortland,399 N.W.2d 92 (Minn.1987); State v. VanGorden,326 N.W.2d 633 (Minn. 1982); State v. Herberg,324 N.W.2d 346 (Minn. 1982); State v. Stumm,312 N.W.2d 248 (Minn. 1981).
Among the decisions of the court of appeals, see State v. Mesich,396 N.W.2d 46 (Minn.App.1986), petition for review denied (Minn.1987) [cited favorably in State v. Mortland,399 N.W.2d 92, 94 at n. 1 (Minn.1987)].


Free LINCOLN From BONDAGE

This is a verbatim copy of Annie Lincoln, whose son Tim Lincoln is one of hundreds of low risk "sex offenders" confined in these secret concentration camps in remote locations while State Officials have flooded your communities with all these hundreds of Level 3 REAL "Worst of the worst":

Level 3 Predatory Offender Information


Your search returned the following Level 3 predatory offenders.
Click on any name to view information about the offender.

ABSHIRE, RONALD EDWARD
ALBA, ROMEO
ALI, ABDUL SHAKA
APOLLO, PHOEBUS PHAETON
APPLETON, TYRONE
ARGUELLO, TONY RAY
ARIZPE, JESSE BILL
ARMSTRONG, DENNIS JAMES
ASH, CHRISTOPHER STEVEN
BAISLEY, SAMUEL GEORGE
BALDWIN, IVORY OWEN
BEITO, MARK GORMAN
BENASSI, MARSHALL CLARK
BENDICKSON, JESSE MARTIN
BENSON, SHANNON MICHAEL
BERRY, TRAYON MAURICE
BIBLE, LAVELLE ROSSELL
BISHOP, ANTHONY MICHAEL
BITKER, JASON RYAN
BLACK, NATHANIEL
BLOODSAW Jr., JOHNNIE
BORDEAUX, IRVIN LEE
BRANCH, MARKEITH
BREEDING, DANIEL PAUL
BRINKLOW, DALE LEE
BROULIK, BRIAN LUKE
BROWN, CHARLES HENRY
BRUCE, TROY LEE
BUFFETT, GERALD ALAN
BUNGERT, TIMOTHY GEORGE
BURCH, STANLEY WARREN
CARLSON, SHAWN TROY
CARPENTER, RICHARD
CARTER, MICHAEL EUGENE
CASSIDY, ALEX DIAMOND
CHAPA, FRANCISCO
CHERRY Jr., GARY LEE
CHURCHILL, BRANDON KEITH
CLARK, BERNARD
CLAUTHIER, FRANCIS CLIFFORD
CLEMONS, RICHARD MICHAEL
COLEMAN, PHILLIP LAMONT
COLEMAN, TERRELL ANTOINE
CONTOS, STEVEN RAY
CONWAY, ANTONIO JABBAR
COOPER, RUDOLPH GORDON
CORBETT, JERAMIE GEORGE
COTE, LONNY JEROME
COX, JOHN WESLEY
CUNNINGHAM, JAMES EDWARD
DAHLBERG, ERIC JASON
DANIELS, THOMAS LEE
DAVIS, JOSEPH EUGENE
DAVIS, PHILLIP LOUIS
DAVIS, WILLIAM CODY
DAWSON, MICHAEL LEON
DAY, TERRY SHELTON
DEAN, KENNETH EDWARD
DECKER, BRYAN KENNETH
DICKSON, JOHN PATRICK
DOKKEN, ERIC JAMES
DORRY, RYAN THOMAS
DOUGLAS, RICHARD WARREN
DOWNS, THOMAS KELLY
DUNCAN, SHANE STEPHEN
DUNLAP, TROY ANTHONY
DYKES, TROY LEROY
ENGLISH, MICHAEL PACO
ENZENHAUER, CURTIS LAVERN
ERNST, RONALD RUDOLPH
FARMER, ZED LEE
FILS, KEVIN CHRISTOPHER
FOSNESS III, KENNETH JOHN
FRANZEN, PAUL ROBERT
FRAZIER, JACK PERRY
FRIEDRICHS, MICHAEL CHARLES
FRITZ, ROMMEL HEINRICH
FULKERSON, JOHN JAMES
GALATZ, THOMAS KENNETH
GANTZ, WILLIAM OSCAR
GARLAND, JESSIE LEE
GARMON, MICHAEL LAQUAN
GASSAWAY, ELLIOTT SYLVESTER
GIBBS, ROBERT JAMES
GLARATON, EUGENE PAUL
GLOVER, EDTIONE DANYELLE
GOODEW, ROBERT CARL
GORDON, WILLIAM MELVIN
GREEN, KIRK DOUGLAS
GRUSSING, JOHN DAVID
HAEFNER, ANDREW CHARLES
HAKALA, ROBERT STANLEY
HALPAUS, BRIAN KEITH
HAMILTON, RODERICK LAMORYNE
HAMPTON, KEVIN EDDIE
HANSON, DONALD HAROLD
HARDIMON, AUSTIN TROY
HARMER, DAVID MARK
HARPER, MICHAEL AUNDREY
HART, ADAM SAMUEL
HARTMAN, RICK LEE
HAZELTON, GLENN FRANCIS
HEMMEN, JONATHON MICHAEL
HENDERSON, NEWTON WYATT
HER, KA
HESSLER, DALE ARNOLD
HILL, ZAKKEE IRITH
HOLLIDAY, JAMMIE
HOLTORF, JAMES ROBERT
HOULE, CURTIS JOHN
HOULE, DAVID ROBERT
HUBBARD, HERBERT CARL
HUGHES, KENNETH ANTHONY
HYATT, RUSSELL EUGENE
JACKSON, MAXXE STEVENS
JACKSON, MAXXE STEVENS
JACKSON, SHONTEZ LAMONT
JACKSON, WILLIE JOSEPH
JAMES, GARY
JOHNSON, EARIC
JOHNSON, JASON EDWARD
JOINER, BRIAN
JONES, DAVID ANTHONY
JONES, GERALD LEE
JONES, JOSHUA LEE
JUMPER, ALEXANDER WILLINGTON
KAMBON, BLOKA
KEAST, GERALD ELDRED
KEAST, GERALD ELDRED
KELLY, GREGORY SHANNON
KEMMER, JERROLD RYAN
KEPPERS, GREGORY MICHAEL
KESKE, STEVEN DAVID
KIBBLE, WILLIAM ALBERT
KILLIAN, WIL ISAIAH
Kingbird, Virgil NMN
KIRKLAND, DANIEL
KNUTSON, PAUL RAYMOND
KOEHLER, JASON E
KRAUSE, CHANDLER TRUMAN
KROENING, MICHAEL JOHN
LAMPLEY, DELANO MUTRICE
Landeen, Gale
LANDON, MICHAEL EDWIN
LARKINS Jr., O.D.
LARKINS, CALVIN MAURICE
LASART, DAGAN MICHAEL
LAVIRGNE II, WINFRED HOWARD
LEAKE, DEREK
LEE, DENNIS ANTHONY
LEHRMAN, MATTHEW DAVID
LENEAR, EDGAR EARL
LETOURNEAU, MICHAEL JOSEPH
LEWIS, CHRISTOPHER LAINE
LINGL, JEFFERY JOSEPH
LOFTON, KENNETH MAURICE
Lor, Sue (nmn)
LOTHERT, KIRK ROBERT
LOVE, JAMES LARRY
LUNDGREN, JEREMY SCOTT
LYNGEN, MATTHEW JOHN
MADSEN, RONALD JOHN
MAKAVELLI, TUPAC TOSHIQ
MANN Jr., CURTIS JOHN
MAPSTONE, GARY LEE
MARTIN Jr., BRIAN LEE
MARTIN, EDWARD VANCE
MARTINEZ, ROBERT
MATTSON, LOGAN ASHER
MATUSOVIC, CARL JOSEPH
MCINTYRE, TERRELL ESHANN
MCLEAN, MATTHEW WILLIAM
MEYER, DEAN CARY
MEYER, DEAN CARY
MILES, QUENTIN LEVI
MILLER, CLARENCE ALLEN
MILLER, SHANNON MICHAEL
MILTON Sr., MICHAEL JEROME
MOE, DANIEL LEE
MOHRBACHER, JADE STANLEY
MOORE, DAMON
MOORE, RYAN EMMETT
MORIN, LEO LEONARD
MUHAYMIN, RAFIQ ZAREEF
MULLINS, JARROD EDWARD
MULNER, ANTHONY JOHN
MUSTIN, SYLVESTER AKONDAYE
MYHRE, JOHN RANDAL
NEAULT, MICHAEL WAYNE
NELSON, DUSTIN KENNETH LEE
NELSON, JOSEPH CARL
NICKS, NIKIA SAJJID
NOLEN, PATRONE ANTEZ
NUNN, PATRICK EUGENE
OLSON, JOEY JAMES
OLSON, RICKY EDWARD
OLSON, ROBERT EDWIN
OPHEIM, CLARENCE JOSEPH
PARKS, WILLIE
PARTLOW, RICHARD DONALD
PEARSON, DENNIS JOSEPH
PERO, ISAIAH JAMES
PETERSEN, EARL MAURICE
PETERSEN, MARK WAYNE
PIERSON, AUGUSTA B
POLLOCK, THOMAS MICHAEL
PRICE, JAY CLAYTON
RAMBO, KEVIN LEE
REECE, DONNIE RAY
REESE, DONTAY LAVARICE
REHM, MARK ANTHONY
REYNOLDS Jr., RICHARD WILLIAM
REYNOLDS, WILLIE EDD
RINDE, JOSHUA PAUL
ROBINSON, JEFFREY DUWAYNE
ROBY, NATHANIEL
ROGERS JR, JAMES CLEVELAND
ROSS, TERRY CARLTON
ROUNDS, RONALDO EARL
ROYSTER, TORRANCE LEE
RUDD, WALTER SCOTT
RUX, CHRISTOPHER DANIEL
SALINAS, MATTHEW SEAN
SALYERS III, TOMMY
SANDERS Jr., DEMETRICE
SANDERS, RICHARD LEE
SATERDALEN, ROBERT CARL
SCHMIDT, DAVID MICHAEL
SCHUELER, CHRISTOPHER DANIEL
SCHUG, BERNARD CLEMENT
SCOTT, CECIL EDWARD
SCOTT, KYLE DEAN
SEGURA, STEVEN
SEVERUD, TIMOTHY KNUT
SEXTON, FRANK LEO
SIMS, DAN RICO
SMITH, BRIAN JOSEPH
SMITH, MARVIN
SMITH, OLIVER DEE
SMITH, WILLIAM GENESIS
SONSALLA, CHRISTOPHER NICHOLAS
SOWARD, RONDELL JAMES
SPANN, CHARLES LEE
SPELLS, ANTWON DELANTON
SPORE, STEVEN ROBERT
STADHEIM, TAI LARS
STAUFFER, ROBERT LEE
STEPHENSON, PETER RICHARD
STEVENSON, KERRY DEAN
SWEAZEY, DARREN EVERETT
SYVERSON, JESSE JAMES
Taylor, Bruce Albert
TAYLOR, CLIFTON BUTCH
TAYLOR, DENNIS DION
THIBAULT Jr., JAMES WILFERD
THOMAS, JERRY BRYANT
THOMPSON, ELIAS EDWARD
THOMPSON, ROBERT LOREN
THOMPSON, WILLIAM TROY
THORSON, ERIK ELRIK
TOLBERT, ROBERT JAMES
TOMANN, DANIEL PAUL
TRUELSON, JEFFREY ALAN
VAN FOSSEN, GEORGE ROBERT
VANDELL, WESLEY GORDON
VANDENHEMEL, JERRY LEE
VANG, DA NENG
VANPELT, MICHAEL ALLEN
VAUGHN, JASON EUGENE
VAUGHN-BEY, WILLIE JAMES
WALKER, CURTIS MICHAEL
WALTON Jr., TIMOTHY MARK
WARD, EARL LIONELL
WARD, HERBERT STANLEY
WATKINS, JAMES CARROLL
WEBB, JEROME LAMONT
WEBB, JEROME LAMONT
WESTERN, BRADLEY JOSEPH
WGEISHOFSKI, EUGENE ALLEN
WHITAKER, DAVIS EARL
WHITTLER, ROOSEVELT
WIESER, JON PATRICK
WILKER, ROBERT JAMES
WILLIAMS, JAMES ERNEST
WILLIAMS, KEVIN TYRONE
WILLIAMS, MACEO LAMONT
WINGER, JEREMY JOSEPH
WOLD, ARIC VERNON
WOLD, JASON ROBERT
WRIGHT, JOSHUA JOHN
WYMAN, JAMES JOHN
XIONG, CHER
YELLOW, DONALD WAYNE
YOUNG, CLEVELAND ANTHONY
YOUNGS, MELVIN OTIS
Level 3 Predatory Offender Information
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What is Community Notification?

Community Safety Information
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Contact InfoFor information about a specific offender, contact the law enforcement agency listed on the offender's page.
For information on the notification process or questions you might have about community notification, call
(651) 361-7340,
toll free (866) 396-9953
or click here to email. You can expect a response within 24 hours during normal business hours.


Minnesota Department of Corrections
1450 Energy Park Drive
Suite 200
St. Paul, Minnesota 55108
651-361-7200
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WHILE THE REAL CASES ARE ON THE STREETS, THE FAKE CASES, LIKE
BRAD RONALD STEVENS:
"I'd like to go home please. My mom, dad and I have suffered for 10 years on a 2-year sentence," WTF? (My Comment!)


THIS IS WHO GOV DAYTON AND MN TELL YOU IS A SEVERELY MENTALLY DISORDERED DANGEROUS, VIOLENT "SEX OFFENDER", BRAD STEVENS: SHAMEFUL!


Letter From HosPrisoner Tim Lincoln's Mom Annette Lincoln

For Sen. Tony Lourey and the DHS Senate Finance Committee

To whom it may concern:

My son is a civil commit currently being housed at St. Peter. He has made the circuit from St. Peter to Moose Lake, back to Saint Peter. He is a young man who is watching his life pass by; with nothing he can do about it. He is 30 years old, and should have a job, own a home and have friends. His “Crimes” are relatively minor, and include no violence, certainly NOT the type of crimes that should cause a young man to have the most important years of his life taken away from him.

There is nothing civil about the way he and others like him are being treated. The medical care he/they receive is less than what most farm cattle receive. He has had knee pain/injury for a couple of years now, but has received no treatment for it, other than the elastic knee braces I buy at Walmart and sent to him.  
A few years ago when my son was being held at the Moose Lake facility,  he wanted to try slowly going off his antidepressant meds to see how he would fare. The therapists and medical team were behind him 100%.  They decreased his meds in a slow and safe manner. After he had been off them for a few weeks, he started to have bad depression again. He repeatedly asked the nursing staff to return his meds to him.
 
They repeatedly told him, “we’re working on it”. He was calling me daily begging for me to help him somehow. After a couple of weeks went by and still no meds, he was getting more and more depressed and desperate. And again he was repeatedly told “we’re working on it”. I could tell he was in a very desperate horrible place, and I started making calls to get help for him.
I finally did get help, and he was scheduled for a video appointment with a psychiatrist/psychologist for evaluation. He was put back on his meds immediately. The moral of this story is this: There was no psychiatrist/psychologist on staff, as the one they previously had, had quit. Now I ask this: How can that be  called a mental health treatment program when there is no lead mental health professional on payroll?

The “treatment program” is pretty close to non-existent. A few hours a week does not constitute a viable treatment plan. The criteria for phase/level advancement is a joke. As soon as a couple of people complete what they are told to do to move forward, the criteria seems to change. In Dec. 2011, my sons “treatment” facilitators, and therapists recommended him to move forward to the MSI phase of the “treatment program”.
He and a few others were told to pack up their belongings, as Ms. Jeanine Hebert would be there to approve the move. When she arrived there she promptly told my son and a couple of other men that they “weren’t ready” to move.  The therapists and treatment team  deal with these men every day, and know them better than anyone else knows them. 
I have to ask this: How is it that Ms. Hebert can make the determination that she knows what’s best for him/them, when she has never even met or spoke to him/them? I have failed to come up with any possible logical answer for that question, and even the “treatment team” has yet been able to come up with any explanation to give these men.

This MSOP  is just a joke, but not a very funny joke.
It’s a  waste of money and even worse, a waste of the lives of so many men that do NOT belong there, when there are very good treatment facilities and programs that don’t cost us tax payers Millions of $$$ a year. These men should be in a less restrictive program, so they can get jobs and financially contribute to their own care and treatment.
They would all do better if they had more family and friend support, but MSOP makes it very difficult for these guys to have that. Is there a logical reason why someone can’t be on two different men's visiting list, especially when these two men are at two different facilities? NO, there is no LOGICAL reason for this, nor is there any LOGICAL reason for most of the things that go on at these facilities.
The “staff” are just highly paid babysitters, who use the rules as they see fit. The rules change daily, as each individual staff person feels that day, who use the rules as they see fit. The rules change daily, as each individual staff person feels that day. Generally speaking, one hand has NO clue what the other is doing.

MN has a low recidivism rate, and with ankle monitoring and Intense Supervision, that rate could be even lower. And there would be Millions of $$$ available for other things, such as more counselors in schools to monitor the young kids for signs of abuse, so as to STOP this circle of abuse that continues to perpetuate itself because no one cares enough to budget money for this very important cause.

Please STOP shoveling money into this program that has NEVER produced any results, and put it where it is most needed.