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Monday, January 27, 2014

Amici Brief: Update

I included the text of my original brief request in the Post "Amici Brief".

Here is the text of my updated Amici Request:

January 27, 2014

Hon. Donovan W. Frank

U.S. District Court Judge VIA U.S. Mail

District of Minnesota
In the Matter of Karsjens v Jesson, et al.

Amended Request for Permission to File/Submit Amici Curiae Brief, Request for Court Appointment as a Consultant/Paralegal to Plaintiff Legal Team

Dear Judge Frank and Magistrate Keyes:

Please accept my Amended Request(s) as the following individuals has expressed interest in Officially Joining/Supporting my 9-Page Letter Request after reviewing it:
Thomas W. Evenstad Amici Curiae Brief:

Michael C. Hager: Mr. Hager has been in practice as a Minnesota Attorney for 23 years. He graduated in 1986 from William Mitchell College of Law, St Paul Minnesota. Mr. Hager represent clients in Minnesota State and Federal Courts. Mr. Hager has represented sex offenders targeted for civil commitment in Minnesota for many years and is an expert in the sex offender civil commitment process in Minnesota;

S. Margretta Dwyer: Sister Margretta Dwyer of the Sisters of Mercy first served as a teacher for 16 years before becoming a therapist. She has worked in various settings, including Catholic charities, foster care, and developed the Family Counseling Department for Catholic Charities in New Orleans, Louisiana. She worked for the Program in Human Sexuality at the University of Minnesota, and became a member of the American Association of Sex Educators, Counselors and Therapists (AASECT) and sex therapist in 1984. Sister Margretta Dwyer has been a therapist for 41 years. As therapist for 17 of those years she was faculty at the University of Minnesota, Medical School, Program in Human Sexuality. She treated people with various sexual problems for 31 years, as well as administered the Sexual Offender Treatment Program during this time. She focused her research on sexual offenders and has approximately 90 published papers, as well as edited two books on sexual offenders. In February 2002, she was Guest Editor for a special journal of American Association of Sex Educators, Counselors and Therapists (AASECT) on the issues of Sexuality and Religion. Besides developing material for sexual offender treatment, she has also developed a Cybersex Course for those addicted to Computer Sex. Presently she conducts psychological and sexual evaluations on persons with sexual issues. She continues to engage in short term therapy with clients having various mental health issues and sexual issues. During several sabbaticals from the University she researched and taught regarding sexual offenders to staff in Norway, Germany, Austria, and recently (2005) in Denmark. She has also lectured in The Netherlands, Spain and Venezuela on the subject of sexual offenders. While in Austria, she worked with therapy groups in Mitterstag Prison. Her latest papers were presented Paris (2000), Vienna (2002), Athens, Greece (2004) and Hamburg, Germany (2006). She is now Faculty Emerita, of the University of Minnesota, and consulates nationally and internationally on sexual issues and sexual offenders.

SDP Detainee Brad Stevens: MCF:RC;
SDP/SPP Detainee Dale Williams, Sr.: MSOP-ML; 2

SDP Detainee Chris Krych: MSOP-ML;

Sherry Jordan: Mother of MSOP-STP Detainee Joshua Cox;

Carol DeOtis: Conservator/Grandmother of Joshua Cox;

Cindy Meyer: Mother of MSOP-ML Detainee Adam Meyer

I apologize to Plaintiff legal team regarding my characterization of their attendance at Task Force meetings and accept their representation that they had someone at every meeting.
My involvement to date in this litigation has led to the discovery after two years of litigation that there is another entire class of civilly committed sex offenders in this State that the Defendants’ apparently had not disclosed to the Plaintiff lawyers, and the Plaintiff lawyers were ignorant to, despite one of the Class (Dually Committed DOC/MSOP sex offenders who are in/have been in the DOC to save the State money) Members, Brad Stevens having written Lead Counsel Dan Gustafson a letter from MCF-RC detailing to Mr. Gustafson how after the State committed him in 2004 for "Treatment", upon being violated by the Program for asserting his 5th Amendment Rights and returned to regular prison on the cheap, BOTH THE MN DOC AND THE MSOP HAVE REFUSED MR. STEVENS’ WRITTEN REQUESTS FOR TREATMENT FOR BOTH HIS ALLEGED MENTAL DISORDERS (WHICH MANIFESTED AFTER THE DRU SJODIN MURDER LIKE 95+% of the post-Sjodin FAKED MENTAL COMMITMENTS IN THIS STATE) AND HIS SEX OFFENDER BEHAVIORS THE STATE REFUSED HIM IN WRITING ANY TREATMENT OF ANY KIND ANYWHERE UNTIL AFTER HIS 8 YEARS OF DOC PUNISHMENT FOR ASSERTING A CONSTITUTIONALLY PROTECTED RIGHT TO NOT INCRIMINATE HIMSELF AND SUBJECT HIMSELF TO PERJURY AT WHICH TIME THE STATE WILL, UPON EXPIRATION OF STEVENS’ CRIMINAL SENTENCE, RETURN MR. STEVENS TO MSOP NOT FOR WHAT LUCINDA JESSON, ANNE BARRY, NANCY JOHNSTON, JANINE HEBERT AND THE REST AT DHS/MSOP WILL TELL YOU IS TREATMENT BUT RATHER THAN ANY REAL TREATMENT AT MSOP STEVENS IS BEING RETURNED FOR WHAT THE MINNESOTA LEGISLATURE BOASTED CLEARLY IN THEIR JULY 14, 2006 PRESS RELEASE BEFORE THE COURT: "Sending sex offenders who have completed their prison sentences to secure facilities for the rest of their lives..."

Despite Brad Stevens having written Dan Gustafson prior to December 18, 2013 and asking for his critically important argument to be raised in this lituigation and argued on December 18, Stevens and I were appalled and shocked to learn he was not even identified as a Plaintiff in this case! As a direct result of my extremely limited involvement in this litigation 31 additional Plaintiffs per Dave Goodwin of Plaintiff legal team have been identified. This evidence clearly shows the constitutional necessity for the Karsjens Plaintiff legal team to be shored up however this Court deems fit with experienced experts and/or practitioners in this highly specialized area of law.
In addition to offering myself as a resource for Plaintiff legal team, SDP/SPP attorneys Michael C. Hager and Brian Southwell each agree with me in written exchanges of the dire need for the Gustafson-Gluek law firm to have experienced, knowledgeable persons like the three of us access to every document, especially anything the State claims is "Confidential", "Attorney Eyes", etc. as the current Plaintiff legal team completely and totally lacks the experience and knowledge in this area of law to make this litigation constitutionally adversarial and not a "David v Goliath" which it is at present with more experience in one of many lawyers on the Defendants side, Steve Alpert having more experience than the Plaintiff law firm. 3

Mr. Alpert was defending the MSOP way back in 2006 when I was being physically and sexually assaulted by staff on a living unit reserved for committed patients and not judicial hold order proposed patients. There are numerous attorneys in the AGO, in fact a highly specialized unit which has litigated MSOP cases for decades. All of these facts and evidence weigh heavily in favour of appointment of additional skilled experience experts/attorneys, even if in carefully crafted limits by the Court. My final argument in favor is Chris Brancart, the California attorney Court Appointed by the Federal Bench in North Dakota has emailed me stating plainly he not only wants my personal help, but that he needs my experience and knowledge to assist him with the nearly identical (except for scale 70 vs 700) Class Action litigation.

With full knowledge that the MI/MID population at MSH-STP was not before this Court, I respectfully urged this Court to somehow find a way to ORDER every civilly committed person in this State to the huge, sprawling sex offender prison at Lino Lakes, which has adequate capacity to house all 1100 or so under "civil" commitment. I stressed the appalling, dangerous conditions that are extremely unconstitutional and have been for decades, if not always. I recognized the total vacuum of leadership in this State from the Governor to the Legislature to DHS has led to conditions so extremely dangerous I had to plead with this Court to show leadership desperately needed around MSH, Sex Offenders, MSOP and Order this "Program" shut down, and a Transition Team Ordered to facilitate the Transfer to Lino to begin the rigid Transitional Programming that is going to be needed to actually help these people reintegrate as the re-evaluations walk 500+ out MSOP’s Front Door as not meeting "highly likely".

My unorthodox request/urging was eerily prescient as a MSH Detainee State Labelled as MID sent the only message he knew how to the State and the Federal Court overseeing MSH if there is one: What does it take to get any "Treatment" in this "Hospital"???

The answer is that there is no treatment. The killer asked staff for help and treatment, and like Mr. Stevens and MSOP’s other 750+ souls he was denied help and refused treatment. Mr. Whitefeather knew committing murder would return him to the DOC where at least he could live out the " of his life..." in relative peace knowing he had access to real mental health "treatment". This murder was highly predictable as violence may seem like the only way out of a hopelessly broken system and I ask is it going to take a staff being murdered to force this move to Lino Lakes, which is the only possible "Less Restrictive Alternative" this State has? The Battle of Cambridge proved that the State will not be setting up MSOP-Lite facilities all over this State and expanding this broken, failed Program is the worst possible way forward.

My Amended request is to expand the Amici Brief to 30 pages maximum with me using 20 pages maximum and allowing for 10 pages for the combined Amici to present to the Court their contributions.

Thanking the Court in Advance,


Thomas W. Evenstad


s/Thomas Evenstad

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