Minn. Sex Offender Asks Judges For Release

ST. PAUL, Minn. (AP) — A convicted sexual predator seeking an extremely rare release from Minnesota’s sexual offender treatment program was confronted Friday by one of his victims, who rejected the man’s claim that he no longer poses a threat.

John Rydberg, 69, has petitioned for release from a psychiatric hospital to a halfway house in the Twin Cities, a step that ultimately could make him the first person permanently released from the state’s program.

Attorneys for the state and Blue Earth County, where his last offense was raping a woman at knifepoint in front of her children in 1979, are arguing against his release. They sought to poke holes in his testimony to show that he’s just going through the motions, hasn’t fully faced up to what he’s done and isn’t ready for a next step toward freedom.

Rydberg said he’s no danger but remembers about 94 victims, with offenses ranging from peeping to violent assaults. He admitted he has harmed a lot of people over the years and still struggles with his sexual feelings.

“What can I say? I’m a work in progress,” Rydberg said, adding that he still makes mistakes. “I’m trying to build a relapse prevention plan to ensure that I never hurt anyone again.”

Since it began in 1995, Minnesota’s sex offender treatment program has grown to more than 600 patients and it adds about 50 people per year. Only one man has been released in the program’s history, and his provisional discharge was revoked when he violated conditions of his release. He eventually died in custody.

Rydberg’s case comes as the state grapples with the rising costs of treating sex offenders at a time when it’s awash in red ink. Minnesota has an estimated $5 billion budget deficit, yet lawmakers are being asked to commit millions to expand sex offender treatment facilities. Some attorneys and others have also raised questions about the constitutionality of a civil commitment program if no one is ever released.

The most compelling testimony Friday came from Tom McCartney, 58, who described for a three-judge panel an assault that began when Rydberg burst into McCartney’s country home near Westfield, Wis., with a sawed-off shotgun the stormy night of June 4, 1975. After McCartney and his wife, Janet, were tied up, Rydberg went upstairs where the couple’s 3-year-old son was sleeping to get pillowcases to put over their heads, McCartney said.

Rydberg then raped Janet McCartney with his mask off, McCartney said, describing how he got good looks at Rydberg’s face during lightning flashes. Then, he said, Rydberg pulled down McCartney’s pants and performed oral sex on him for about five minutes. He eventually left, stealing their car.

About a month and a half later, McCartney said, his wife learned she was pregnant. Rather than risking that the child might be her rapist’s, he said, they decided to have an abortion.

McCartney urged the panel to reject Rydberg’s petition, saying he has followed every step of Rydberg’s case since his commitment and doesn’t believe he has reformed.

“This man will do the same thing if he gets the opportunity,” McCartney said. And he urged the three judges — all women — to put more weight on what Rydberg did to his victims than his attorney’s plea that the hearing focus on Rydberg’s progress in treatment.

Near the end of his testimony, McCartney expressed contempt for Rydberg, who was sitting at a table next to his lawyer.

“He can’t even look up. You’re something else,” McCartney told Rydberg. As he left the stand, McCartney glared at Rydberg as he walked back to sit next to his wife. Rydberg did not appear to look back at him.

Rydberg then took the stand. Asked if he considers himself a sex offender, Rydberg replied, “I’m a recovering sex offender.”

It was one of numerous instances where Assistant Attorney General Noah Cashman highlighted examples of his past and current statements and behavior that suggest he hasn’t been fully truthful or amenable to treatment. He also brought up several reports of conflicts with program staff members, including one where he became furious after staffers would not let him buy lottery tickets.

Rydberg told the judges he had been sexually abused as a child by his father and a cousin, and that he often hated his parents and felt emotionally distant from them. He also admitted he committed his first sex offense when he was 12. He said he undressed a 10-year-old girl and touched her vagina but denied any penetration. He also described several other sexual assaults he committed on women, going back to the late 1960s.

Cashman tried to show the court that Rydberg has not faced up to his problems. Rydberg acknowledged he had been diagnosed as a sexual sadist and an alcohol abuser and that he had anti-social personality disorder. Under repeated questioning, he said he wasn’t sure of his formal diagnoses, saying he lets the program’s clinical staff keep track of that for him.

Rydberg also acknowledged that he didn’t participate in treatment in his nine years in a Wisconsin treatment center from which he escaped twice, even though he has also said at times that he spent those years in treatment. He said he declined to participate in Minnesota’s program for his first few years under commitment because he hoped the courts would declare it unconstitutional.

As recently as last November, when Rydberg was preparing for a critical polygraph exam, Cashman suggested that he still had trouble with the truth. Rydberg wrote in what was supposed to be a full disclosure report that he had had between one and 150 victims, when the number he had most often used in treatment was 94. Rydberg testified he that he didn’t think that was a lie — he considered it an “insurance policy” against flunking the lie detector test, in case his count was wrong. He said he feared it would have set his treatment program back six months if he had failed.

Rydberg’s attorney, Brian Southwell, said he would wait until later to question Rydberg, when he presents his case.

Cashwell began questioning Harry Hoberman, a forensic psychologist specializing in sex offenders who examined Rydberg’s records, but he didn’t get to interview Rydberg because Southwell advised his client against it. Hoberman said he concluded that Rydberg doesn’t meet the state’s eligibility requirements for a provisional discharge, but court adjourned for the day before prosecutors could explore his reasoning in detail.

The hearing resumes next Friday and will run to a third date to be determined later.

Assistant Blue Earth County Attorney Mark Lindahl urged the judges to go slow.

“We feel that he is an ongoing danger to and ultimately his risk factors are too great for him to be released into the community at this time,” Lindahl said. “This is a precedent-setting case and we need to be cautious.”

If the panel approves a provisional discharge, Rydberg would transfer from the state hospital in St. Peter, where he’s been living outside the security perimeter, to a Twin Cities halfway house with a GPS ankle bracelet and a long list of conditions by which he must abide, including lie-detector tests, random drug screenings and regular check-ins with program staffers.

According to papers filed by Southwell, Rydberg has made steady progress in treatment. He’s employed on the St. Peter treatment center campus. He has spent more than 3,000 unsupervised hours on campus and more than 1,200 hours off campus with supervision. He regularly attends Alcoholics Anonymous and Sexual Addiction Anonymous meetings in the community. He participates in regular therapy sessions on- and off-campus.

Southwell also wrote that Rydberg has developed self-control skills in treatment to avoid reverting to his old ways. Rydberg has also passed a test to see whether he is aroused by “deviant-themed sexual materials,” the attorney wrote.

Rydberg’s case has advanced the farthest out of the seven men in Minnesota who have reached the final stage of treatment before they can seek provisional discharge. The case of one other man, Thomas Ray Duvall, could go to trial this summer. The rest remain locked up in secure facilities in St. Peter and Moose Lake.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

  • Tom

    and I think I will win the lottery tonight .

  • Cache

    He is sure to re-affend. Shoot this bum he is long overdue to die! I’ll provide the gun and bullet.

  • Cache

    In fact he should have got a minimum of 1 year for every crime…that would be 90 years minimum…he’d die in jail for sure…but NO our bleeding heart judicial system has no reasoning ability and is perpetuating crime.

  • FredU

    90 offenses proves that he will not change, he should not be released.

  • sandy

    We cannot seem to keep track of those that we release – why release more when the likliehood of reoffending is about 100%? I had one living in our neighborhood who is back in the klinker, he was living 1/2 block from an elementary schoold. What about that Rodriguez guy? Keep em locked up and toss the key!

  • Dan

    I don’t think sex offenders can ever be cured. Evidence suggests that the rate of recidivism is unacceptably high. Therapy, chemical castration and sex offender registration have proven worthless. Keep them locked up or use them for target practice. A person that strips anothers humanity from thier victims deserves no compassion.

  • Mike Hunt

    Death sentence for all of them………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….!!!!!

  • Kevin Anderson


  • Lower Middle Class man

    Let him out and post his address. They justice will be served!!!!

    • holly

      By law every level 3 sex offender’s address is posted. Everyone within a certain radius of the offender is notified that they are living within the area.

      • KMoon

        Holly, if the level 3 sex offender is released to a halfway house, the surrounding area is NOT notified. They only have to be notified if they are placed into a private home.

  • Don

    90 Sex Offences and he said he will not re-offend. Anyone who belives that is a moran. Minnesota needs the death penalty…

  • Kim

    Let us not forget Dennis Linnehan (sic?). I imagine the Iverson’s wish someone had stood up at his release hearing and said, “No!”

  • NOMW

    Can you believe that he would be the first one they consider releasing. What a horrible system that would even consider that. 90 offenses ‘under his belt’ (sic) and he is reformed?? Ya right. If they don’t want to pay for all of his rehab (and after all this time it obviously is worthless) then put him in the mainstream prison and NEVER let him out.

  • Keeping it real in Minnesota

    Its not the guy we all know about that we should worry about, this guy will be watched closely, but how about your neighbor that no one knows about that has been victimizing kids for years…..those are the people we need to worry about.

  • thumbody

    Watched closely? That’s why we are currently looking for a level 3 sex offender on the run, spotted in Roseville yesterday? Give them an inch of freedom and society is victimized again.

  • beets

    We have such a weird judicial system. Why is it that people who have committed a first time offense for robbery will end up serving years and years and years of time while someone like this is considered for release. Just plain stupid.

  • Sandy

    Holly – BY LAW, yes, BY LAW, you are not suppose to be a sex offender, nor should anyone have to be a victim of a sex offender, the problem is, they don’t follow the rules of THE LAW! What about those that have not registered and disappear or reoffend, oh, that is right, it is the LAW…???

  • Gemini

    While I agree with your statement, I have to ask; Why would we endanger one more person. He is a predator. He will FIND a way to re-offend.

  • Valerie

    Back in the 70’s I think in California a man picked up a hitch hiker & cut off BOTH her arms & left her for dead in the woods. She managed to crawl up to the road & got a ride to a hospital & survived & moved away wanting to live anonymously. The guy was found & went to prison. I remember the story because it was so horrible & then I read an article in the newspaper I believe it was 1992 & the guy was released from prison. A neighbor found him in his garage with the car on attempting suicide. The neighbor SAVED his life & the police were following up on this a few days later & knocked at the mutilator’s door & he answered the door covered in blood & right behind him in the living room there’s a dismembered body of a woman he AGAIN picked up & in his old age (67yrs old I think) still killing & chopping up women. End of article the neighbor struggling with his conscience about maybe it would have been better not to have saved this guy’s life after all.

  • Rob Rydberg

    This is not the first person sharing a last name to end up in the criminal justice system. I am so glad there is no blood relation here. I feel for a cousin with the same name. This guy needs to stay locked up. Most of these guys have learned how to game the system. Is one more chance what this guy needs, with 94 confirmed instances of rescidivism in his life? I doubt it.

  • Pete

    If they let him out make him live with one of the three judges who think he is so good!

  • Doug

    I would hope that this elderly guy now might have aged out of his past behaviors, if he IS allowed to leave the state hospital, he should be on 24 hour supervision, with GPS tracking. Being the devils advocate, give the old man a one time opportunity to prove himself. I am sick of my tax dollars (100K annually each) paying for these guys. There has to be a more fiscally better answer.

  • http://www.alcoholtreatmentonline.org/minn-sex-offender-asks-judges-for-release/ Minn. Sex Offender Asks Judges For Release | Alcohol Treatment Online

    […] of his victims, who rejected the man’s claim that he no longer poses a threat. Read more on CBS Minnesota Filed Under: Treating Alcohol Addiction Tagged With: Asks, judges, Minn., Offender, […]

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