The Following Blog Post & Accompanying Notes are from someone (Thomas Wayne Evenstad) HCAO John Kirwin alleged is a severely mentally disordered "sex offender"--A"Proposed Patient". Think about that before you even think about suggesting that the State has been responsible in identifying the highest risk. That is a sick joke.
Just go the DOC Website's Level 3 List in the community/on the streets, and you will see that John Kirwin, Mark Ostrem, and the rest of the COUNTY ATTORNEYS AS WELL THE LAWYERS FROM THE AGO ASSIGNED TO THESE CASES HAVE ALL GROSSLY ABUSED THEIR DISCRETION AND BETWEEN THEM AND TOM ROY/BILL DONNAY'S CRACK CREW IN THE DOC RISK ASSESSMENT, THEY HAVE DEMONSTRATED INCOMPETENCE, POOR JUDGMENT, POOR IMPULSE CONTROL IN RESISTING PETITIONING LOW RISK SEX OFFENDERS LIKE BRAD STEVENS, JOSHUA COX, ORLANDO LINDGREN, ADAM MEYER, TIM LINCOLN, AND 500+ POLITICAL PRISONERS IN MSOP.
The Task Force tonight spent a considerable amount of time tonight engaged in discussing which is the lesser of two evils: County Attorneys having the authority to push forward petitions, even if a "Screening Panel" recommends against commitment, or the Attorney General's Office.
The Task Force fundamentally misunderstands that you can trust neither to do what is Constitutional, Ethical or Legal. John Kirwin himself told the Minnesota Supreme Court in Oral Argument in the Linehan Case 20+ years ago that it WAS THE COURT'S DUTY TO REIGN IN OVERZEALOUS, UNETHICAL PROSECUTORS LIKE HIM AND ALL THE REST OF THEM AT THE DA LEVEL OR AGO IT MAKES NO DIFFERENCE. THEY ARE ALL CORRUPT AND HAVE ABUSED THE STATUTES TO THE POINT THAT WE ARE HERE NOW.
THE COURTS ARE EVEN MORE RESPONSIBLE, AS AFTER KIRWIN CHALLENGED THEM 20 years ago, THEY HAVE NOT HAD THE COLLECTIVE CHARACTER OR INTEGRITY TO UPHOLD THEIR OATHS. THEY HAVE PANDERED TO JOHN KIRWIN, MATTHEW FRANK, AND THE REST OF THEM.
THE DEFINITION OF INSANITY IS REPEATING THE SAME BEHAVIOR YET EXPECTING DIFFERENT RESULTS. THIS IS WHAT THE TASK FORCE IS DOING BY RELYING ON THE LIKES OF KIRWIN AND OSTREM (Who actually stated tonight that HE SEES NO PROBLEMS WITH THE WAY THE CURRENT SEX CIVIL COMMITMENT SCREENING PROCESS IS CONDUCTED. HALF THE ROOM LAUGHED OUT LOUD AT THAT ASININE COMMENT, INCLUDING THE SEX CIVIL COMMITMENT PROSECUTORS FROM HENNEPIN COUNTY (Kirwin/Couri) seated behind me in my and my Dad's usual location.
"Mr. Kirwin" provided the Task Force the Florida Report https://dl.dropboxusercontent.com/u/24465959/FL_9.23.13_Rpt/09.23_SVPP_Report.pdf showing that alleged SVP-Risk Sex Offenders have a re-offense rate from 4-10%, in line what I've been saying for about ten years now.
DONNA DUNN, THE VICTIM ADVOCATE SAID IT BEST. SHE SAID SEXUAL ABUSE/ASSAULT VICTIMS DON'T WANT REVENGE WITH PUNITIVE LIFE SENTENCES TO MSOP.
SHE SAID THAT THE COUNTY ATTORNEYS, THE ATTORNEY GENERALS OFFICE, THE DISTRICT COURTS, AND THE APPELLATE COURTS HAVE ALL DONE A SHAMEFUL DISSERVICE TO THE GENERAL PUBLIC, TO THE MSOP "CLIENT-PATIENTS" (HosPrisoners) AND TO THE VICTIMS OF SEXUAL ABUSE/ASSAULT THEMSELVES!
SHE SAID OUT LOUD IN PUBLIC WHAT I'VE SAID SINCE DISCOVERING THIS SORDID, ILLEGAL, UNCONSTITUTIONAL SDP/SPP GANG GOVERNOR TIMOTHY PAWLENTY, JOHN KIRWIN, MARK OSTREM AND OTHER POWERFUL "STAKEHOLDERS" SET UP FOLLOWING BILL DONNAY, DWIGHT CLOSE, THERESA LEVERENTZ, & THE REST OF TOM ROY'S "WORLD CLASS" Risk Assessors DECISION TO LET ALFONSO RODRIGUEZ OUT TO ABDUCT, RAPE, TORTURE AND MURDER DRU SJODIN.
I CALLED THIS OUT IN MY MAYBE 2 MINUTES CHAIR MAGNUSON GENEROUSLY ALLOWS ME EVERY MEETING I ATTEND.
I HIT 3 POINTS:
1. Use Out-Of-State Risk Assessors to be the Check and Balance so desperately needed. (Not enough time to also inform them that are getting in the intake too late...They MUST review DOC POLICIES RE MSOP REFERRAL AND REVERSE THE POLICIES TO PRE-SJODIN RE RISK THRESHOLDS TO EVEN MERIT CONSIDERATION) ALSO, HOLD HEARING CHANGE BURDEN FROM PREPONDERANCE TO AT LEAST CLEAR AND CONVINCING AND IDEALLY TO THE CRIMINAL PROTECTION OF BEYOND A REASONABLE DOUBT TO EVEN HOLD)
2. I told the Task Force (And SCAP Chief Judge JoAnne Smith and Senior Judge Kathleen Gearin) of the State's appalling efforts to "WIN" THE STEVENS' CASE BY LYING & MISREPRESENTING TO THE SCAP STEVENS IS A STRANGER RAPIST, AND MSOP WOULD HAVE NO INVOLVEMENT WITH A DISCHARGED "CLIENT-PATIENT". DESPICABLE LIES.
3. MN GOVT (#mnleg Lol) is On Record stating the purpose of the SDFP/SPP Schemes and MSOP is for "Sending sex offenders who have completed their prison terms to secure facilities for the rest of their lives": https://dl.dropboxusercontent.com/u/24465959/MN.LegOnRecord_LifeSentence0001.pdf
Vice-Chair James Rosenbaum is to be COMMENDED FOR HIS JUDICIAL INTEGRITY, HIS COURAGE, AND HIS LEADERSHIP FOR HIS CONCLUSIONS REGARDING THE FUTURE IN MINNESOTA OF [SVP] "CIVIL" COMMITMENT.
JUDGE GEARIN's EXPRESSED RIGHTEOUS INDIGNATION AND "Outrage" as she called it over the lack of discharges and the State's unethical conduct would have more effect if she would show the same courage and leadership her colleague James Rosenbaum is showing and START DISCHARGING THE POLITICAL PRISONERS OF THE MSOP POPULATION.
PLEASE JUDGES GEARIN AND SMITH, START DISCHARGING "CLIENT-PATIENTS"!
GOVERNOR DAYTON REPEAL T-PAW's EXECUTIVE ORDER PLEASE!!!
THE SCAP JUDGES DESERVE BETTER AND YOU SHOWING A LITTLE LEADERSHIP FOR A CHANGE VS ENABLING THIS SEVERE HUMAN RIGHTS CRISIS WOULD BE HELPFUL.
YOUR BEHAVIOR, GOVERNOR MARK DAYTON IS APPALLING IN THIS AREA AND YOU WOULD BE WISE TO ABANDON YOUR PROPPING UP OF THIS PROGRAM BEFORE 700+ Men Sue you also, which I recommend wholeheartedly they do.
YOU NEED TO MAN UP GOVERNOR AND REPEAL PAWLENTY'S UNCONSTITUTIONAL/ILLEGAL ORDER.
QUIT BEING A POLITICAL WHORE!!!
SPEAKING OF ATTENDANCE, IT WAS DEPLORABLE. HALF THE "Task Force" HAS DROPPED OUT OF THESE MEETINGS. NO SIGN OF JUDGE NELSON, WHO TOOK MY ADVICE: STAY HOME. YOUR SLEEPING IN THE MEETINGS YOU'RE AT AND YOU COMMITTED EVERY MAN WHO APPEARED BEFORE YOU. YOU STATED 700 IS A SMALL NUMBER OF PEOPLE IN MSOP. WE GET YOUR IDEA OF JUSTICE.
HARRINGTON DIDN'T BOTHER TO SHOW.
TONY LOURY NO SHOW. WHERE WAS LOURY'S "BOLD LEGISLATION" HE PROMISED THE FAMILIES???
JIM ABELER. NO SHOW AGAIN. LIED IN PUBLIC ABOUT WRITING BILL TO MOVE ALL DEVELOPMENTALLY DISABLED...ABOUT 100 people TO LESS RESTRICTIVE ALTERNATIVES.
DR. KAPLAN NOT THERE TONIGHT BUT HE HAS BEEN VERY RESPONSIBLE WITH HIS ATTENDENCE, AS HAS HEAD SHERIFF JIM FRANKLIN. I LIKE AND RESPECT EACH OF THEM, AS WELL AS DOC COMMISSIONER TOM ROY WHO WAS ABSENT BUT BEEN AT EVERY OTHER MEETING I RECALL AS DR. KAPLAN AND SHERIFF FRANKLIN HAVE.
10 1/2 years after I identified the Problem (and the Solution), they have finally proposed legislation to address the "Deadly Gap" as I've dubbed it of the actually DANGEROUS HIGHEST SEX OFFENDERS (LIKE RODRIGUEZ) would be subject to much longer Monitoring/Supervision in the Community, which I proposed to Governor Pawlenty, The BCA, Sheriff Stanek, Patty Wetterling, and many other State and National figures.
They proposed 25-Year Conditional Release periods vs 10, but fail to recognize or understand that REPEAT SEX OFFENDERS ARE SUBJECT TO LIFETIME CONDITIONAL RELEASE NOW. I still believe that voluntary or involuntary GPS TRACKING FOR LIFE IS THE ROUTE TO GO FOR THE TRUE WORST OF THE WORST, WHICH CURRENT STATE OFFICIALS HAVE PROVEN THEMSELVES INCOMPETENT AND UNABLE TO IDENTIFY CORRECTLY.
THIS IS PART OF WHY I CONTINUED TONIGHT TO URGE THIS PANEL TO TAKE UP THE OFFER OF MY COLLEAGUES ON THE SOCDA LISTSERVE I AM ON WITH I BELIEVE DEAN JANUS AND ABOUT 500 of the top SVP PEOPLE IN THE NATION ON THE FORENSIC MENTAL HEALTH SIDE AND THE DEFENDING OF THESE EXTREMELY COMPLICATED CASES.
I TOLD THIS TASK FORCE AND DHS COMMISSION JESSON A YEAR AGO THAT THERE ARE 7 OUT-OF-STATE NATIONALLY RECOGNIZED EXPERTS (Psychologists experienced with SVP RISK ASSESSMENTS) FROM OUR NEIGHBORING STATES.
MN STATE OFFICIALS ARE NOT TO BE TRUSTED WITH SEX CIVIL COMMITMENT DECISIONS!!!
IT'S THAT SIMPLE.
SANITY, NOT INSANITY.
USE THESE 7 EXPERTS IN 2 Panels of 3 with one alternate. I would recommend to either make it unanimous or 2-1 for commitment with these REAL EXPERTS, AND OUR SYSTEM WILL BE MORE FAIR AND MUCH IMPROVED.
VICE CHAIR JAMES ROSENBAUM'S RECOMMENDATION IS IDENTICAL TO MY RECOMMENDATION I'VE HAD SINCE 2004: DISPENSE WITH SEXUAL CIVIL COMMITMENT IN MINNESOTA!!! THIS IS AN EXTREMELY CRUCIAL RECOMMENDATION!!!
James Rosenbaum has more legal experience than anyone on this Task Force, Fred Friedman included, who is no spring chicken and could reasonably be described as a seasoned, veteran defense lawyer with probably 25 years under his belt post law school.
Vice Chair Rosenbaum gets it. He's able to see the big picture: The Constitutional implications, the proven impossibility to date of any one of 20 States to provide constitutionally adequate treatment and discharge patients who have been effectively treated...the enormous financial and human costs. Judge Rosenbaum was a Judge in the Holly v Konieska Case. He knows MSOP abuses "Clients". MSOP Staff and Senior Officials called Elliot Holly racial epithets, refused to feed him or even give him Toliet Paper, Clean clothes, showers or exercise while they had him on Ad-Seg for months:
DHS/MSOP Staff and Officials are very sick people who are need of being replaced. Nancy Johnston is extremely cruel and DHSuffering is no better. "World Class" "Care & McTreatment"