Irish man disputes Minnesota criminal charges, fights extradition

If you have been charged with a sex crime, you know the damage a mere allegation can do to your life. Your reputation, your job, your family life and more could all be gone in a matter of moments once someone accuses you of a sex crime. Even if you are able to show that you were falsely accused or that the alleged victim is not credible, you may still have to work hard to rebuild people’s trust. It is extremely important that you work with an experienced criminal defense lawyer from the very moment someone accuses you of a sex crime in order to best prove your innocence and preserve your rights.

One of the hardest charges to shake, however, is an allegation that you committed a sex crime against a child. Unfortunately for one man, two 18-year-old accusations have crossed international waters and may lead to an extradition. The 43-year-old Irish man had been visiting family in Minnesota in 1994 when the allegations formed.

Two then 11-year-old girls alleged that the then 24-year-old man had previously shown them sexually suggestive pictures of women. They also the man showed the girls’ his genitals after he exited the shower in a towel. The girls told police the towel had fallen slightly.

The other alleged victim says that the man raped her in the back seat of a vehicle after she took a ride with him. The two met at a car mechanic’s shop. The woman claims he took her for a ride and then she got drunk on vodka and peach schnapps.

In order to drag a man from his home and bring him across an ocean and to a country he no longer lives in on a criminal charge requires credible evidence. In this case, however, a man is being extradited for something that allegedly happened 18 years ago, calling into question just how reliable everyone’s memories, testimony and statements will be.

Source: Star Tribune, “Minnesota women await justice in 1994 sex abuse case,” Pam Louwagie, Dec. 2, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

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Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.