Testimony Begins In Minn. Sex Offender Program Lawsuit

MINNEAPOLIS (WCCO/AP) -- A trial that could eventually lead to the release of civilly committed sex offenders got underway Monday in St. Paul Federal Court.

More than 700 sex offenders have filed a class action lawsuit, asking a judge to declare the state program that has them locked up unconstitutional. The offenders are locked up at state facilities in Moose Lake and St. Pete, and In the 20-year history of the program, only two offenders  have been provisional released. That compares with Wisconsin, which has had more than 250 offenders who have been released during the same period of time.

The director of the Wisconsin Sex offender program was on the stand much of the day. The Wisconsin official also was part of a review of the Minnesota program last year, a review that found serious problems with the Minnesota program.

A 2014 court-ordered review found that while offenders at Moose Lake and St. Peter are supposed to be getting sex offender treatment designed to help them eventually be released from the program, the reality is far different.  Judge Donavon Frank heard testimony that the review found that every aspect of the Minnesota program results in offenders not being able to ever get out.

"We argue that it's unconstitutional in large part because it's a failure. Nobody ever gets out," Dan Gustafson, attorney for the sex offenders, said. "If you want to check out a program that's working, look at Wisconsin."

Deborah McCulloch, head of Wisconsin's Sexually Violent Persons treatment program, testified about how different states approach the problem.

McCullough, who was on a team of four court-appointed experts who conducted an extensive review of the MSOP, said Wisconsin's program currently houses 362 patients — all men — including 40 who are being detained pending completion of their civil commitment proceedings. She said 118 people have been fully released since the program began in 1994.

Her panel recommended in November that MSOP staffers begin creating plans to discharge clients when they're first admitted, and to periodically evaluate them to ensure that they still need confinement. The experts said there should be clear standards for discharging clients, and that Minnesota should change its civil commitment statute to ensure it's used only for the most dangerous sex offenders.

One of those at Monday's hearing was Alice Richter. She said her brother, Kevin Nelson, served 22 months for sexually molesting a minor. He was released and after a probation violation, was committed to Moose Lake in 2004. She said he has done his time and should be released.

"It's just awful. It's awful," Richter said. "He's already been through sex offender treatment, graduated, has a certificate. "He looked at the program there, went to a few of the meetings and said that they're a farce. He knows what real treatment is because he's been through it. What they have up there is ridiculous."

In ruling leading up to the trial, Judge Frank has indicated he has doubts about the constitutionality of the program and has urged the legislature to make changes. But the legislature has done nothing, and Judith Richter believes Frank will rule for the offenders.

"I am very hopeful Judge Frank has shown he is willing to take on public opinions," Richter said.

A lot of legal experts believe at the end of the day that Frank will find the program unconstitutional. Attorneys for the State of Minnesota, including Assistant Attorney General Nathan Brennaman, want Frank to dismiss the lawsuit. They argue the program is constitutional and is protecting the public.

Lucinda Jesson, the commissioner of human services, is expected to testify, as are officials that run the Moose Lake and St. Peter facilities. Also at least 10 officers will be expected to take the stand.

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