Tag Archives: Internet

Indeterminate Sentences for Sex Offenders

In my last blog I wrote about John Rydberg, a sex-offender from Minnesota, who had a long string of offenses, including a 1975 assault in which he broke into a rural Wisconsin home and raped a young couple as their son slept upstairs. Four years later, during his second escape from treatment, he raped a Minnesota woman at knifepoint in front of her children. Rydberg admitted to counselors that he committed more than 90 sex offenses, mostly involving voyeurism or exposing himself. The 69-year-old Rydberg is at the center of a contentious debate between those who advocate for releasing predatory sex offenders after they have served their sentence, and those who favor indeterminate prison sentences.

Now, legislators in the Minnesota House of Representatives have written a bill that would keep the most predatory sex offenders in prison instead of diverting them to expensive and controversial state civil commitment programs in overcrowded treatment centers, which could lead to supervised release. Under the bill, convicted offenders would face open-ended “indeterminate” prison sentences if members of a jury found them to be predatory––meaning they lack control over sexual impulses and pose a danger to others. Such offenders would have to serve at least twice the recommended sentence and could be released only if the corrections commissioner determined they were no longer a threat to society. If the bill becomes law, it would mark a return to the type of sentencing Minnesota had 17 years ago.

UPDATE:

William Melchert-Dinkel, a former nurse from Faribault, Minnesota, was convicted yesterday of two felonies when a judge ruled he had used the Internet to advise and encourage the suicides of Mark Drybrough of Coventry, England, and Nadia Kajouji of Ottawa, Canada. Drybrough hanged himself in 2005, and Kajouji jumped into a frozen river in 2008. Melchart-Dinkel, posing as a suicide nurse, tried to persuade the victims to hang themselves while he watched via webcam. While Melchart-Dinkel was charged with only two counts, he chatted online with ten suicidal people, five of whom killed themselves.

His defense attorney argued that Melchert-Dinkel’s writings didn’t materially assist the suicides and constituted protected free speech. The judge rejected that argument noting that inciting people to commit suicide is considered “Lethal Advocacy,” which isn’t protected by the First Amendment because it goes against the government’s compelling interest in protecting the lives of vulnerable citizens. If Melchert-Dinkel had merely written a political or religious opinion, the judge wrote, he would have been protected.

The defense plans to appeal the ruling.

Internet Suicides

In March of 2009, the St. Paul PD, the Minnesota Internet Crimes Against Children Task Force, and the State Bureau of Criminal Apprehension in cooperation with the Ottawa Police Department began an investigation into the death of an 18-year-old Canadian college student named Nadia Kajouji. Her body was found in a river in Ottawa in 2008, five weeks after she disappeared. Nadia suffered from depression and her death was considered a suicide.

But when Ottawa investigators searched her e-mail, they found that William Melchert-Dinkel, a 47-year-old male nurse in Faribault, Minnesota, had advised Nadia how she could kill herself in an online chat room where people around the world discuss reasons and methods for committing suicide. Transcripts of multiple chat sessions — released by police — allegedly show Mr. Melchert-Dinkel attempting to persuade her to hang herself while he watched; something investigators think didn’t happen.

Police say Melchert-Dinkel was masquerading as a 20-something woman when he befriended Ms. Kajouji. He told her about being depressed for years and that he planned to commit suicide, too. Nadia’s mother believed that the suspect made it sound like a suicide pact.

When I first blogged about this unusual case, prosecutors were looking at state and federal statues and considering specific charges in Nadia’s death. Police were also investigating Melchert-Dinkel’s involvement in the assisted suicide death of Mark Drybrough, 32, who hanged himself at his home in Coventry, England, in 2005.

Police identified Melchert-Dinkel as the man behind the chats in February 2009. But their investigation lasted far longer than they predicted because of jurisdictional and forensic issues. Melchert-Dinkel was finally charged with two felony counts of aiding suicide. The charges cite Minnesota’s assisted suicide statute, a rarely used piece of legislation that provides penalties of up to 15 years’ imprisonment or as much as $30,000 in fines for anyone who “intentionally advises, encourages, or assists another in taking the other’s own life.”

Controversy first surfaced in Nadia Kajouji’s case when it was reported that Carleton College administrators and health officials knew about her deteriorating mental health but declined to tell her parents. A second controversy surrounds the decision by Ottawa police not to charge Mr. Melchert-Dinkel under Canada’s assisted suicide law, which is virtually identical to Minnesota’s.

In his first court appearance yesterday, a judge ordered Melchert-Dinkel to stay off the Internet and forbade him from leaving the state except for work assignments related to his job as a long-haul trucker, a career he took up after his nursing license was revoked.

Some legal experts contend that the charges against Melchert-Dinkel will be difficult to prove despite the evidence. But the case does raise some interesting legal questions. In particular, should individuals who use the Internet to harass, bully, intimidate or encourage others to commit crimes or suicide be prosecuted? What do you think?