Hearing to determine if Minnesota serial rapist will be released

Not all sex offenders in Minnesota go to prison. In some cases, a court may decide that such a criminal should be held in a treatment center. Minnesota houses nearly 700 sex offenders in treatment facilities at St. Peter and Moose Lake, and $73 million is spent every year to lock these offenders up. In the last 20 years, however, only one person has ever been released from one of these centers. On Nov. 8, a panel of judges scheduled a hearing to determine whether there should be a second.

The hearing, scheduled for Feb. 2014, will determine whether or not a 58-year-old man convicted on several counts of rape should be released from treatment. The man is believed to have committed almost 200 violent assaults. Federal courts have stated that when a criminal is in a treatment program, it is expected that they will be released at some point. A Hennepin County attorney that’s responsible for getting many sex offenders convicted supports the conditional release of the rapist, stating that the man’s current condition must be taken into account.

There is much opposition to the man’s release, however, as both a current gubernatorial candidate and the Minnesota Attorney General have stated that the man would be a threat to the public. The candidate has specifically called on Governor Mark Dayton to take action. However, the governor supports the release hearing and technically does not have the authority to adjust the man’s sentence himself.

The release of sex offenders back into the public is perhaps one of the most controversial issues in criminal corrections. It can be unnerving to think of a convicted rapist being set free, even if the release is conditional. It must be remembered though that this man has undergone round-the-clock treatment for nearly 12 years. The laws that are currently in place may legally allow this man to be released if the court determines that he has been effectively treated.

Source: minnesota.cbslocal.com, “Convicted Violent Rapist Could Be Released From Treatment” Pat Kessler, Nov. 08, 2013

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.