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Wednesday, January 22, 2014

Amici Brief

My original 9-page Letter Request to brief the Karsjens Court has been joined by:
1. SDP/SPP Attorney Michael C. Hager;
2. U of M Psychologist Human Sexuality Program Margretta Dwyer;
3. MSOP SDP/SPP Committee Dale Williams, Sr. (MSOP-ML);
4. MSOP SDP Committee Brad Stevens (MCF-RC);
5. MSOP-ML Committee Chris Krych;
6. MSOP St. Peter Committee Joshua Cox' Mother Sherry Jordan; and 
7. Grandmother Carol DeOtis;
8. MSOP Committee Adam Meyer's Mother Cindy Meyer.

I'm requesting to expand my brief to 30 pages with me personally using 20 pages and allowing 10 pages (1/3) of the brief for the Amici joining as Judge Frank should find that reasonable I'm sure.

Here is a Link to the Original Amicus Request:



Hon. Donovan W. Frank


U.S. District Court Judge

District of Minnesota

In the Matter of Karsjens v Jesson, et al.

Request for Permission to File/Submit Amicus Curiae Brief

Dear Honorable Magistrate Boylan & Judge Frank:

My name is Thomas Evenstad and I wish to thank the Court for allowing me to File/Submit this letter request for permission to provide my Amicus Brief. My motivation and goal is to provide this Court with critical, unique information which goes to the heart of the important Plaintiff constitutional and legal arguments/issues in this case, as well as to the Defendant’s arguments/representations to the Court I personally observed on 12/18/13.

One example of the latter is the Deputy Attorney Generals’ impassioned argument to the Court that the Plaintiff’s are unable to show a single current MSOP client who is not dangerous, and whom MSOP/DHS is detaining against his will. Plaintiff’s counsel had no answer to this bold, yet risky challenge. I assert my unique value to the Court here by showing that despite the resources of the Plaintiff’s talented legal team, that I alone in this world am coming forward before the Court to provide precisely the evidence the Defendants asserted does not exist: Brad Stevens has been determined to be not dangerous and meeting all statutory criteria for discharge in 2013 by Supreme Court Appeal Panel (SCAP) Court-Appointed Independent Examiner Robert Riedel: https://www.dropbox.com/s/8w8s6xgd05j3zf2/Riedel%2C%20Dr.%20Robert%20-%20Independent%20Examiner%27s%20Report%20-%2002.08.2013.pdf

In addition to his written report to the SCAP, Dr. Riedel testified and was cross-examined and testified that Mr. Brad Stevens meets all statutory criteria for a Full Discharge to the community with supervision (MSOP is required by Commitment Act Statute Subdivision to Supervise Lifetime) , yet the MN AGO, MSOP Staff/Officials, DHS/Commissioner Jesson and the Goodhue County Attorney Steve Buetcher and Ass’t DA Erin Kuester all not only oppose Mr. Stevens’ discharge, but have failed to provide Mr. Stevens, Mr. Stevens’ Counsel Ryan Magnus or myself any Statutorily required Aftercare Services Plan for Mr. Stevens despite written requests to Commissioner Jesson and Robin C. Benson, Jessica Geil and other MSOP/DHS Staff/Officials.
Worse yet, the MSOP "Risk Assessors’, Dr. Jennifer Jones and Dr. Lauren Allen as well as the First Court-Appointed (AGO/State) Examiner all committed (pardon pun) fraud on the Court by testifying Mr. Stevens cannot be released in large part due to he will not be subject to supervision when they all know he is subject to lifetime supervision as they prepare Aftercare Services Plan for the MSOP Clients the MSOP/DHS Support for PD: Rydberg, Opheim, Duvall, Fugelseth and Jenks. They all had their detailed, extensive MSOP Aftercare Services Plan provided to them, their attorneys and the Special review Board below SCAP. Yet, neither Brad Stevens nor any MSOP "Client-Patient" MSOP/DHS Opposes for release ever has any Aftercare Services Plan provided to them or to the SRB or SCAP. This behavior/conduct condoned by the SRB and SCAP Judges as they never inform their subjects of the fraud all parties, including the incompetent court-appointed attorneys the Task Force has identified as being unconstitutional and in need of changing via higher quality candidates, firms with more resources than the solos that were Court-Appointed with very scarce resources to take on the State in these cases. This dynamic, which has occurred for the duration of the 11 years of SCAP cases resulting in zero (0) Discharges and two Provisional Discharges I assert, is relevant to this litigation as this pattern of judicial/system victimization of MSOP Clients is systemic and not remotely limited to the Stevens 2


example, which is but one of hundreds. This is evidence of bad faith, misconduct and also goes to the credibility of Dr. Allen, who has Filed/Submitted an Affadavit in this case as I learned at the Hearing on 12/18/13. The proof of these allegations are in the Statute and Mr. Stevens 9/20/13 record/transcript.

In North Dakota there is a nearly-identical Class-action lawsuit I have received the Amended Complaint from the California Court-Appointed attorney Chris Brancart. In the ND challenge to the Sex Commitment statutes the Plaintiffs are arguing the Examiner reports are rife with ‘Junk Science’ and that they are unable to survive a Daubert challenge (Frye-Mack in MN).

This information is directly and highly relevant to this Court as evidence that MN examiners "faked" these alleged mental health commitments after the preventable Dru Sjodin murder (which conveniently solved all the State’s MSOP problems in 2003, including planned release of ¼ of its patients) would provide a truly conscience shocking rebuttal to the State’s argument that all of these cases are above-board and the prosecutors, examiners and judges have all acted in good faith. I’ve requested the Plaintiff attorneys also make the Examiner report admissibility challenge as Mr. Brancart has for his clients remarkably similarly situated in N.D.S.H.

My evidence in these several pages appears much stronger than any evidence that I’ve seen or heard from Plaintiff’s attorneys after 2 years on this file which leads me to my requesting to be appointed to Plaintiff Legal Team, even if in limited Consulting Role. These arguments I hope provide this Court with a sample of the extent of my knowledge regarding the MSOP and gives credence to let me provide the "Friend of the Court" brief I wish to provide the Court to assist it.
The Plaintiff attorneys were not present at any of the 19 (of 22) Task Force meetings I attended. My attendance was only surpassed by the Co-Chairs. I was present when Supreme Court Appeal Panel/Judicial Appeal Panel (SCAP/JAP) Judge Kathleen Gearin exclaimed. "These are NOT mental health commitments! These men are NOT "Patients"! They’re doing life sentences!" nor were any of the Defendant’s counsel present unless Robin C. Benson is among Defendants’ attorneys. This singular, crucial, revealing comment from one of the most experienced MSOP SCAP Discharge Judges meets this lofty "shocks the conscience" Strutton v Meade standard the Deputy AG kept talking about at Oral Argument on Motions 12/18/13.


I am a living fact witness to (and personal subject of) the implementation of and the resulting effects from the SDP/SPP Civil Commitment Process from Pre-Petition to Discharge in Minnesota as I was convicted of a sole sex offense in 1999 and Petitioned for SDP/SPP Civil Commitment in June, 2006, within days of expecting my elderly Dad to pick me up from DOC prison. I was finally discharged from MSOP Detention on August 18, 2008, and I learned much information during my time on Hold at MSOP which can benefit this Court immensely in its understanding of the real-life effects of the core, bedrock Constitutional issues this Court faces with regard to the Conditions of Confinement, Punitive Nature and Purpose of the Program, etc.

One example is the fact that during my Hold at MSOP I reviewed hundreds of Petitions for commitment and I very easily saw the patterns emerge of obvious inflation of sex offender scores, ie. the "Actuarials", ala MnSOST-R and Static 99 following the preventable Sjodin murder (I recommended GPS tracking of Level 3 Sex Offenders in MN BEFORE DRU SJODIN’S RAPE-MURDER (See Home Page: www.GovernorTimPawlenty.com ).
I have researched, studied and communicated with numerous attorneys and psychologists who specialize in these so-called "Sexually Violent Person/Predator" ("SVP") cases nationally. My 10 year plus exhaustive research/study of the constitutional and legal aspects/ramifications of these SVP laws, as well as my personal experience under Judicial Hold Order Status at the MSOP-St Peter 2006-2008 and the perspective I have gained in 5 plus years as an arrest free citizen in the community can be highly 3


informative and illuminating to this Court. I have been working actively on MSOP client cases (Brad Stevens, Joshua Cox, Chris Krych, Dale Williams, Sr, and others) with attorneys, psychologists, courts, etc. via one of my business enterprises under my Company TEVEnterprises, LLC with my website: www.SVPConsultation.com.

Following my release from the MSOP in August, 2008 I began working as a Legal Assistant/Paralegal for attorney Jill Clark, where I was trained in paralegal duties. As the Court correctly indicated at hearing on 12/18, Justice Kennedy stated that if the vague mental prong criteria was shown to be too amorphous, i.e. if a State was excessively broadening the alleged mental component of volitional impairment (or lack of control) that the Court wouldn’t hesitate to reverse course and find the State {SVP} scheme/statutes unconstitutional.

I assert the evidence is massive and irrefutable before this Court that an excessive overbroadening of the mental component by Petitioners, prosecutors, examiners, and judges occurred in Minnesota following the Dru Sjodin murder in which the DOC went from referring a baseline of maybe 15 men per year for 20 years to 236 referrals in December 2003 alone, without any corresponding change in law. The Tsk Force refused my repeated on the record Public Comments to them to Recommend the DOC return their MSOP Referral Criteria to pre-Sjodin which limited the DOC to only referring "High Risk" sex offenders with high actuarials from post-Sjodin policies still in place today which allows the DOC to refer High, Moderate or Low Risk sex Offenders, which helps account for some of the OLA’s findings regarding Risk Disparities and Commitment disparities based largely on Geography…"Get ‘em on back end"…

In considering my Request please understand my belief (upon information and knowledge at present) that I am the sole source of vital documents and information upon which this entire case may potentially hinge. Recognizing that is no small statement on any logical or rational level I submit a Press Release to back up that very strong assertion I possess dated July 14, 2006 from our State Government (Representative Torrey Westrom) bragging about one of the "Accomplishments" from the "Crackdown on Sex Offenders" as follows:
"Sending sex offenders who have completed their prison terms to secure facilities for the rest of their lives if they are not deemed a threat to society." Note: "not" is a typo in Original.


I also possess another similar document in an essay in which the Government is on record stating the nature and purpose of the MSOP and the Statutes is neither remedial or therapeutic but rather for lifetime punitive preventive detention thinly veiled in an utter sham treatment disguise. I witnessed and was the subject of constant, chronic daily mental/psychological abuse that was systemic and amounted to 24/7/365 psychological warfare by the MSOP staff/officials who literally instructed MSOP South Unit Staff to provoke me and use sleep deprivation techniques…anything on a dangerous no camera unit to break my mentally and drive me into a "Major Behavioral Incident" in which MSOP would assist the prosecution by showing that I couldn’t "control" myself even in a "controlled" environment. This conduct shocks the conscience. I was assaulted physically and sexually by staff at the MSOP. Brad Stevens was similarly physically and sexually assaulted by MSOP South Staff also in 2006. Montana Kartwryte, a Vulnerable Adult was violently assaulted by MSOP staff in 2006 and I was an eyewitness: https://dl.dropboxusercontent.com/u/24465959/Kartwright%20Letter0001.pdf
I request the Court note that a thrust of my lawsuit vs MSOP is that MSOP called me a Patient, which by definition is a committed person and/or a person in treatment and despite my protestations to the fact that under law I was a "Proposed Patient" and not a committed person nor a person in treatment MSOP treated me as a committed patient and even illegally housed me on the South Unit of MSOP where all of the men except Montana Kartwryte and I were already committed. MSOP treated me as a member of Plaintiff class and I should be allowed to share with the Court what that experience taught as relating to issues. 4


MSOP’s whole program is designed around the carrot and the stick concept: Incentive vs Punishment. MSOP Director Nancy Johnston herself clearly stated this fact publicly in her Task Force presentation.
I would submit that with this evidence of a Punitive Nature and Purpose of MSOP, which "Shocks the Conscience" of the Modern Community being representative of the quality and relevance of the evidence I wish to provide this Court to assist in its informed decision-making weighs in favor of granting my Request for Permission to File/Submit an Amicus Curiae Brief.

My request for permission to File an Amicus Brief with the Court would allow me as one Relator to share not only what I personally have experienced and learned, but also I can provide the much-needed Voice From The Inside via certain important, relevant data I receive from MSOP "Client-Patients"—both men who have been in "Treatment" since I left them over 5 years ago and non-participants--such as the news of at least 44 dead men committed to this State Government "Program" not allowed outside the beyond SuperMax Prison Conditions to even die with dignity or of the AIDS/HIV crisis in these "hospitals" in which I witnessed free condoms available for the grabbing at the Canteen at MSH/MSOP-St. Peter but the Staff removed the condoms and categorized them as "Critical Contraband" when it came to the Class of Sex Civil Committees.


I witnessed similar conduct with the phones as the sex offenders were treated much differently than the other classes of civil committees. I wrote dozens of Complaints via "Patient Request Forms and Grievance Forms on this issue, and this is just one example of Equal Protection violations as gradual evisceration of any/all fundamental privacy rights, etc. were stripped away only from the sex offenders, and in many cases the other ‘criminalized’ class of "civil" committee in Minnesota: Mentally Ill and Dangerous (MID).
I was present in MSOP Summer/Fall 2006 when Dennis Benson, 30 year Prison Administrator was made MSOP Director and converted the SuperMax MSOP to a beyond any SuperMax, as I lived in "SuperMax" MCF-Oak Park Heights for about a year or so prior to being forced to MSOP. I spent 8 years studying the jails/prisons our State detained me in: HCADC/Workhouse, MCF’s: Lino Lakes, Moose Lake, St. Cloud, Stillwater, Rush City and Oak Park Heights. In the course of those 8 years of studying these prisons and their policies I became expert in my knowledge of Corrections and had an extremely well-developed knowledge of Sex Offender Risk and Treatment, which was rapidly accelerated in 2005 when DOC notified me I was being reviewed for Commitment. This extensive knowledge of MSOP’s policies pre-Benson/DOC Administrative takeover and the morale effects on treatment participants and non-participants can be potentially useful to the Court.


I can be a voice for frustrated parents and family members who feel voiceless and ignored in this litigation. One mother was very angry and shaken and wanted to call the Plaintiff’s attorneys when I informed her that not even the Plaintiff attorneys are seeking the obvious relief if the Program can be shown to be unconstitutional: Strike the Statutes and release the HosPrisoners! This MSOP Client Mother wishes to be heard by this Court and my Amicus Brief can provide her vehicle to inform the Court with her experience with MSOP, which she asserts is conscience-shocking to Minnesotans. The MN DOC study predicts with "Best Practices" based on the Data Analysis of Petitioned, but not committed persons like me who have reoffended at such a low rate that the much-hyped as "Dangerous" "Mass Release" of all "698" would amount to a Rounding Error in the recidivism/reoffense base rates.
If the Court is understandably reticent to release all, then at least please consider the option to Order all MSOP Committees to Lino Lakes and the Lino prisoners to other prisons, and open MSOP beds at St. Peter/Moose Lake for DOC Medium Security Treatment Beds and Max Security Beds. Ordering such a move I recommended to DOC/DHS a year ago for all of the upcoming evaluations will save the State millions of dollars, solve most of the Plaintiff litigation issues and help ensure real, meaningful treatment 5

begins to occur and the combining of these two rural settings so far away from the Twin Cities will Centralize the entire MSOP to Lino Lakes which will be cost effective and resolve the constant money requests for MSH/MSOP St. Peter as it can converted to DOC on the cheap.. The State intentionally has these two locations in rural settings knowing they can never attract and retain enough clinical staffing. Ordering the MSOP Program to the current MCF-LL location consolidates this outrageously expensive (76 Million plus Budget Annual AND 67 Million + for "Phase I" St. Peter when it can be converted to prison beds and civil committees can go to Lino, where they know they are able to get the help they need if they really want it to allow for opportunity for release. Deinstitutionalizing our State’s Mental Health System ala North Dakota can be set in moption by this Ordering the logical, rational transfer of DOC prisoners to Moose lake and St. Peter and placing our most vilified, vulnerable and those whose very liberty and lives have been taken by the State who alleges illness requiring treatment to even allow for consideration of release, then the tenants of Hydrick vs Hunter should be applied in which any aspect of these Programs which falls below the FLOOR OF PRISON CONDITIONS IS UNCONSTITUTIONAL, and these "civil" committees should be provided the opportunity for real sex offender specific treatment from the Best Practices treatment program in the State, which is in place, fully administratively and clinically staffed and has Security Settings ranging from Minimum (Outside the "Secure Perimeter") to Close/Maximum settings, like the Segregation Units. Calling Lino The "Minnesota Civilly Committed Treatment Center" or MCCTC, housing the MEOP—Minnesota Ex-Offender Program there would finally offer the families and committed men some real hope at last.

Upon review of the Amended (or Second Amended) Complaint, I contacted Dave Goodwin of Plaintiff Counsel Gustaf-Gluek and wrote him via email that the brief by the 4 Plaintiff Attorneys and their Paralegal support staff etc. was in error regarding the least amount of time this alleged "Treatment" Program was to require. The Plaintiff’s attorneys incorrectly cited to and quoted from a MN case which stated the Program was consisting of 4 Phases each of which an average patient was expected to complete in 8 months for 32 months total. I recalled my read of Call v Gomez (MN. S. Ct. 1995) from many years earlier and I informed the Plaintiff legal team of their error and the correct citation of 24 months, which I would ask the Court to note Dan Gustafson used my provided information on this specific point at Oral Argument on 12/18/13, and thus I have already affected the litigation, even if limited to that corrected citation and legal point. I would note that this was the sole factual error I could discern following a very thorough review of the extensive and thorough pleading by the Karsjens Plaintiff Attorneys.

Mr. Stevens requested I relate his personal "Shock the Conscience" experience in which he is Committed to MSOP, violated for not "Completing Treatment", returned to DOC in 2006, requested Sex Offender treatment in DOC to effect his recovery from what the State alleges he’s ill from to render further supervision and treatment unnecessary, and the DOC/State denies/refuses to treat him and MSOP states in writing they are forcing him to expire his 8 years in DOC as punishment for "refusing" treatment (which was never a refusal but an attempt to assert his 5th Amendment Rights regarding uncharged alleged offenses and/or allegations specifically found by the Commitment Court to NOT meet the Clear & Convincing Standard, rather than allow him at any time these last 7 years to return to MSOP for "Treatment". In other words, despite the State claiming they committed Brad Stevens for the Dual Purposes of Preventive Detention and Treatment, the Treatment half of the equation has been denied for 8 years of requests to matriculate into sex offender treatment in either DOC or MSOP. Brad Stevens and I assert that a constructive denial of requested Sex Offender Treatment by an MSOP Committee is arbitrary, egregious and surely conscience shocking.

I witnessed SCAP Chief Judge JoAnne Smith state two separate times at two separate Task Force meetings the "get ‘em on the back end" illegal and unconstitutional conduct of District Attorneys, Attorneys General and District Court (if not also Appellate Judges) Judges all over this State conspired in criminal cases Judge Smith explained when the State had weak cases to go to trial on and offered relatively short prison terms as Judicial Appetizers to the Main Course (Life Sentence to MSOP) having 6


premeditated or planned in advance to illicitly use the SDP/SPP Civil Commitment statutes at end of prison term as additional punishment and to help rid rural Minnesota of Low and Moderate Risk Sex Offenders. This evidence, not adduced/produced by Plaintiff’s attorneys to date corroborates the OLA Report regarding the higher incidences of outstate commitments and I assert is strong evidence of my value to the Court in an Amicus Brief.

I respectfully urge this Court to review Judge Smith’s shocking whistleblower statements, provide her Federal Whistleblower Protections and initiate DOJ Review based on her evidence. I respectfully submit it is of crucial importance for the Plaintiff counsel and Plaintiff counsel’s client class to know the extent of Judge JoAnne Smith’s stated knowledge of this shocking criminal, vigilante star-chamber ‘justice’ she stated is rampant throughout this State.

Within my one Amicus Brief I can concisely address the most cogent points I believe the Court would gain insight from and into including my experiences, MSOP "Clients" like Dan Larson and Charlie Stone committed for "Treatment" in 1977 and 1985 respectfully, 44 dead, including Ray Hubbard, one of only 2 "Provisional Discharges" in 19+ years with no actual or "Full" Discharges, an HIV/Aids Epidemic, as well as the unheard-to-date voice of a parent or two. Ex-MSOP "Security Counselor" Andrew Babcock’s Affidavit in a District Court case I will attach as Exhibit with Affidavits supporting Plaintiff claims and directly addressing the alleged deficiencies/infirmities in the Plaintiff counsel’s case to date per the opposing (Defendant) Counsel.

In summary, here are some of the issues I wish to provide information to the Court as a Friend:
1. Punitive Nature and Purpose of Program:


a) State of Minnesota Government (State Representative Torrey Westrom’s July 14, 2006 Press Release on Record clearly stating (bragging actually of the "Accomplishment" of:
"SENDING SEX OFFENDERS WHO HAVE COMPLETED THEIR PRISON TERMS TO SECURE FACILITIES FOR THE REST OF THEIR LIVES IF THEY ARE NOT DEEMED A THREAT TO SOCIETY."


Note: ""NOT" is a typo in Original:

https://dl.dropboxusercontent.com/u/24465959/MN.LegOnRecord_LifeSentence0001.pdf

b) MSOP Treatment Plans used for Punitive Purposes when not allowed to be used at all on individuals on Judicial Hold Order Status per MSOP Procedure, "Treatment Planning: Pre-Admission to Discharge":

https://dl.dropboxusercontent.com/u/24465959/IPPMs0001.pdf These violative Treatment Plans resulted in my being involuntarily placed in Protective Isolation (PI) on four (4) separate occasions. All 4 PI Placements were affirmed/upheld on appeal by MSOP PI Review Panel consisting of three (3) MSOP Employees, BUT LATER OVERTURNED/REVERSED ON APPEAL https://dl.dropboxusercontent.com/u/24465959/Correction%20Order%203.7.070001.pdf TO DHS CENTRAL OFFICE LICENSING DIVISION JIM KLINGNER—EVIDENCE OF MSOP Administration’s "Arbitrary, Egregious" conduct, which rises to the level of "shocking the conscience" and of the immediate need for Federal Judicial Oversight as this type of behavior has been consistently demonstrated by the State for 20 years as Hospital Review Board (HRB) Record evidence would attest to for this Court such as this: https://dl.dropboxusercontent.com/u/24465959/HRB_10.20.20060001.pdf

https://dl.dropboxusercontent.com/u/24465959/HRB_12.15.060001.pdf
c) MSOP "Care and Treatment" euphemisms for Abuse and Neglect: Holly v Koneiska, https://dl.dropboxusercontent.com/u/24465959/Holly%20Second_Amended_Complaint.pdf



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Evenstad v Herberg, et al. https://dl.dropboxusercontent.com/u/24465959/20130725_EVENSTAD_AMENDED_COMPLAINT_FILED.pdf


d) Cindy Meyer: MSOP "Client" Parent: https://www.dropbox.com/s/yhopggp1blhh71g/Cindy%20Meyer_MSOP.pdf

(I have other letters from other parents and grandparents with similar horrors);
2. MSOP’s Administration’s conduct being arbitrary, egregious and conscience shocking as evidenced by the 20 year record and of MSOP’s more recent transparent attempts to discharge it’s two most dangerous current men under the guise they are sufficiently "treated" when even the MSOP’s Creator, Dr. Michael Farnsworth has stated publicly that men like the John Rydberg and Thomas Duvall are not curable nor "treatable" to render them fit for release and compared chronic, lifelong violent sex offenders like them to expecting a Cancer Patient in a Hospice to improve with MSOP Talk Therapy "Treatment" to render them not dying of cancer. MSOP’s two Star Pupils are John Rydberg (MSOP’s "Special Review Board" Recommended Provisional Discharge (PD) for Rydberg in 2011 and Thomas Duvall in 2013, and in each case the Commissioner of the DHS, Lucinda Jesson Supported the release of these two extremely unique MSOP "Clients", who each have over 200 admitted victims, each are highly psychopathic, violent sexual sadists who routinely use knives, guns, and other weapons and who terrorize, brutalize, traumatize their victims for as long as possible achieving sexual arousal and satisfaction at the fear, pain and suffering of their victims. Less than 18 months ago Dr. James Alsdurf evaluated Mr. Duvall and Opined that Duvall is on track to murder his next victim and now DHS/MSOP wants to release him as Rydberg previously. MSOP Client Rich Williams told me in 2006 that MSOP was grooming it’s two most dangerous psychos—the guys who scared even the serious sex offenders in group with their violent fantasies and pathology Rydberg and Duvall for eventual release if the "Program" got into hot water again again like in 2003 when the same DOC Risk Assessors under Bill Donnay’s Supervision released Alfonso Rodriguez. Why would this "World Class" Treatment Program be selecting the 2 WORST candidates in their "Program" for release?


a) Their records are so bad that they are certain the SCAP will not release them, and

b) The public is led to believe these to singularly extreme cases are the norm at MSOP;

c) Even if SCAP releases them they will shortly reoffend ala Rodriguez. No one gets out or if anyone gets out they strike quickly and no one else gets out. Minneapolis Star Tribune writer Gail Rosenblum smelled this rat I’ve taught her some info about and wrote in a Star Tribune article that if the MSOP is intentionally NOT advancing the lower risk individuals for any reason(s) that the entire Administrative and Clinical departments should be scrapped. The Grandmother of MSOP "Client" Josh Cox, Carol DeOtis saw through MSOP’s smokescreen in stating to me that it is a disincentive for MSOP to release low risk persons as success in the community does not fall in line with MSOP’s GROWTH plans, which allows them to "scale", which reduces the precious blood "per diem" dollar amount. Discharges/Releases are not in the Program’s best interest as the MSOP has always been a growth-based Program with continual Projections of New Commits and Never Projections on Discharges/Releases.;
3. Evidence the implementation of the SDP/SPP statute(s) is/are unconstitutional: Chief SCAP Judge JoAnne Smith stated twice publicly at the Task Force Meetings that all over this State, DA’s and Judges met on criminal sex offender cases and in cases too weak to win at trial the prosecutors and judges agreed to offer the criminal defendant (patsy/victim) a sweetheart plea deal, KNOWING IN ADVANCE THAT WHEN THE PATSY’S DOC SENTENCE WAS OVER THAT THEY WOULD "GET ‘EM ON THE BACK END"—ILLICITELY USE THE SDP/SPP CIVIL COMMITMENT STAUTUTE TO GIVE THEIR SMALL TOWN NUISANCE SEX OFFENDER A LIFE WITHOUT PAROLE TERM COUCHED IN THE CONSCIENCE SHOCKING LIE OF THE PLEA "Bargain". MY FOIA/CH. 13 REQUEST FOR THE TASK FORCE AUDIO DATA IS WELL BEYOND THE STATUTORY LIMIT. PLEASE ORDER IT



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PRODUCED IF POSSIBLE AS THIS IS WHERE THIS CONSCIENCE SHOCKING EVIDENCE IS.
4. EVIDENCE THAT FULL DISCHARGE IS ILLUSORY AND A FALSE LEGAL CONSTRUCT AS THE TWO SCAP JUDGES, KATHLEEN GEARIN AND JOANNE SMITH REPEATEDLY STATED THAT THERE WAS NO BED OR PLACE TO SEND A FULLY DISCHARGED CLIENT FROM MSOP AS STATE FAILED FOR 20 YEARS TO ESTABLISH ANY INFRASTRUCTURE FOR DISCHARGE, WHICH IS AMPLE EVIDENCE ON ITS OWN OF BAD FAITH BY THE STATE FROM DAY ONE TO TODAY. Evidence of fraud by MSOP’s Risk assessors Dr. Jennifer Jones and Dr. Lauren Allen, SCAP "Independent" Examiner Dr. James Gilbertson, MSOP Client Attorney Ryan Magnus, and the SCAP judges themselves at Brad Stevens September 20, 2013 SCAP "phase II" Hearing in which all parties tried to dupe Stevens into believing he should not be released in large part because MSOP would not be able to supervise him and that he would be dangerous without such supervision. All parties testified to this lie and Mr. Magnus failed to correct the record even after I told Mr. Magnus that Subd. 19 of the Commitment Statute: Aftercare Services provided for lifetime monitoring and supervision. Fascinatingly, when the State (MSOP/DHS) SUPPORTS A PETITION FOR PROVISIONAL DISCHARGE (RYDBERG, OPHEIM, DUVALL, FUGELSETH, JENKS) THEN THESE DOCTORS, LAWYERS AND JUDGES ALL KNOW ABOUT THE AFTERCARE SERVICES SUBDIVISION, AND DETAILED, LENGTHY PLANS ARE PREPARED AND PROVIDED TO THE SRB AND SCAP, UNLIKE WHAT HAPPENED AT SRB WITH MY CLIENTS MR. STEVENS AND MR. DALE WILLIAMS Sr. WHO WERE DENIED BY SRB IN PART DUE TO NO AFTERCARE PLAN. THIS DOUBLE STANDARD, PERPETRATION OF FRAUD ON THE CLIENT AND THE COURT (IF THE COURT IS NOT COMPLICIT) SHOCKS THE CONSCIENCE OF THE MODERN COMMUNITY AND RESIDENTS OF THIS STATE WOULD VIEW SUCH CONDUCT AS CONSCIENCE SHOCKING.


I have singularly unique experience and knowledge with the MSOP and intimate knowledge of the policies, procedures, rules, regulations, laws, constitutional concepts/constructs etc. to be able to shed much-needed light for this Court in the areas I have delineated as well as in any other areas the Court wishes to inquire.

I attended 19 of 22 Task Force Meetings I requested of Commissioner Jesson in writing from October 12, 2012 to be allowed to join the Task Force, if even in one of the numerous empty chairs of "Official" "Ex-Officio" members who rarely attended. I have an MSOP Blog: www.MSOPGulag.blogspot.com

There are currently at least 328 Level 3 Sex Offenders in Minnesota in the Communities of our State while there are over 225 men in MSOP who are Level 1 & 2 Low/Moderate Risk. Public Safety is in grave danger because the fact is that politics have shaped policy instead of Best Practices or even reasoned consistent practices.

I’m uniquely equipped to assist this litigation and I request to be allowed to submit an Amicus Brief and also request to be Appointed as a Consultant/Paralegal for the Gustafson-Gluek firm from my business TEVEnterprises, LLC Enterprise SVP Consultation (www.SVPConsultation.com) as I have already assisted in finding an error in their Amended Complaint I pointed outpreviously. I was a Paralegal for attorney Jill Clark for 3 years and I am actively assisting my attorneys Mr. Nickitas and Prof. Erlinder with their respective legal efforts on my behalf to sue MSOP for my "Care and Treatment" and reverse my sole wrongful he-said/she-said rape conviction which became the lynchpin for the failed commitment attempt.
I have studied and lived the effects of these statutes. I have inside knowledge of the MSOP having lived in there for over a year between 2006-2008. I spoke with countless men at MSOP about their experiences, 9


read their Petitions and Examiner Reports and led my own defense from Political Commitment to the MSOP by John L. Kirwin and Hennepin County.

I know many of the Plaintiff Class and know who are some of the most intelligent, knowledge and articulate regarding the very issues the Karsjens attorneys have been on a very steep learning curve these past few years and doing an outstanding job considering the vastness of the litigation.

Prof. Erlinder graciously offered me the honor to join his Amicus Brief regarding the Right to Trial by Jury but I respectfully declined, recognizing that that is Peter’s unique help to the Court.

Finally I urge this Court to Order a Legislative Liaison Team and DOC/MSOP Lino Lakes Transition Team that can assist/inform the Legislature regarding the depth and breadth of these MSOP issues and provide leadership and guidance as well as to review the Deinstitutionalization of the North Dakota State Hospital and take a strong, substantive step in fulfilling the Court’s words on 12/18/2013 which I told the MN Senate DHS Finance Committee, which is that the true test of any society is how do you treat your most vulnerable of your citizens.

The DOC/MSOP Transition Team would be charged with transferring every single MSOP committee (and hopefully all locked persons in this state under "civil" confinement) to Lino Lakes--a central, Twin Cities location with ample beds and infrastructure for the number of MSOP clients exceeding 700 in MSOP, at least 50 at any given time in DOC, and have room for all of the 400+ souls locked in appalling conditions at MSH as MID committees. I would be honored to be part of any solutions such as being Appointed to any Panel or Team this Court believes my knowledge would be helpful to as well as I’m sure my attorneys would as well.

I have blog posts addressing many MSOP issues and recommending real changes that that the Court can consider including even the morale building MEOP—Minnesota Ex-Offender Program and Ordering DOC to put PRISONERS into the two MSOP "hospital" locations as MSH needs to be converted to Medium security DOC Treatment Beds DOC Commissioner Tom Roy states is direly needed and the Max Beds at MSOP-ML can solve dangerous double-bunking issues at MCF-STW and MCF-St. Cloud and also be used as treatment beds as DOC has an effective Treatment Program which is accredited. MSOP clients and parents support Lino idea!

Please consider issuing a Moratorium on SDP/SPP Commitments as I recommended that to the Task Force but they ignored. Illinois Governor George Ryan declared a Moratorium on Capital Punishment after being confronted with the realities of their Capital System—13 DNA Exonerations of Innocent Men from Death Row in time State had executed 12 men. Similarly, here in MN, despite the evidence I state here in my letter request has been said in public at Task Force meetings regarding these Post-Dru Sjodin Political (non-Mental Health) Commitments and the 2011 OLA Report demonstrating the Constitutional Chasms of the Intake Valve to MSOP. Please considering Ordering such a Moratorium to prevent the 121 pre-planned new commits the State budget has already funded put forth by DHS, Approved by Governor Dayton and passed by the Legislature.

Please allow me to submit an Amicus Brief as generally outlined here and please consider my request to be Appointed to the strong Plaintiff legal team as a Consultant, Paralegal or as both.

Respectfully Submitted, December 27, 2013

s/Thomas Evenstad
 

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