First person to be discharged from Minnesota Sex Offender Program

For the first time since its inception, the Minnesota Sex Offender Program will release its first patient. According to a report by the Minneapolis Star-Tribune, a three-judge panel in Ramsey County decided to grant a provisional discharge to a 64-year-old man, after there was no objection from prosecutors or the Department of Human Services.

The 64-year-old was convicted of the criminal sexual assault of a teenage boy in Hennepin County in the late 1980’s and he has been in the program since 1994. He had been living in a monitored residence at the Minnesota Security Hospital since 2009. After a formal discharge order is granted by the panel, he will move to a halfway house in Minneapolis.

Since he will be the first offender released from the program, the man will be closely monitored as he abides by a number of release conditions, including attendance at frequent Alcoholic Anonymous meetings, receiving counseling at a therapy program for male sex offenders, and wearing an electronic ankle-bracelet.

The Human Services Commissioner explained to the Star Tribune that while she initially opposed his release, the provisions set forth through the program were followed and a provisional discharge should be granted. She further explained that “While the law talks about assuring the public a ‘reasonable’ degree of protection, we will make sure the safeguards go far beyond…If he strays from the provisions we will pull him back immediately.”

Since it will be the first release under the program, it will ultimately be a test case for future offenders seeking a discharge, and may shape the way officials view the potential danger for patients to reoffend.

Source: Crookston Times, “Minn. sex offender program to discharge 1st person,” Feb. 2, 2012

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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.