MINNEAPOLIS (AP) ? An attorney for a former Minnesota nurse convicted of going online and encouraging two people to kill themselves said in a court document Wednesday that his client was merely supporting his alleged victims and had no influence on their actions.
William Melchert-Dinkel, 50, of Faribault, was convicted last year on two counts of aiding suicide. His attorney is asking the Minnesota Supreme Court to overturn those convictions. In court documents filed Wednesday, attorney Terry Watkins said Melchert-Dinkel did not directly participate in the suicides of an English man and a Canadian woman.
Watkins said the actions represented protected speech and argued that Minnesota's statute outlawing assisted suicide is too broad. He said Melchert-Dinkel's communications with the man and woman may have been "immoral and disgusting" but that he was only supporting them.
"The First Amendment doesn't allow a judgment to be made on the despicability of one's speech, only on its criminality as an integral part of the crime or its incitement to cause another to do something which he or she otherwise might not do," Watkins wrote, saying Melchert-Dinkel was not integral to the suicides.
The Minnesota Court of Appeals found in July that the state's assisted suicide statute is constitutional, and that Melchert-Dinkel's speech was not protected.
Evidence presented in the case showed Melchert-Dinkel was obsessed with suicide and sought out depressed people online. When he found them, he posed as a suicidal female nurse, feigned compassion and offered instructions on how they could kill themselves.
Melchert-Dinkel told police he did it for the "thrill of the chase." According to court documents, he acknowledged participating in online chats about suicide with up to 20 people and entering into fake suicide pacts with about 10, five of whom he believed killed themselves.
He's convicted in the deaths of Mark Drybrough, 32, of Coventry, England, who hanged himself in 2005, and Nadia Kajouji, 18, of Brampton, Ontario, who jumped into a frozen river in 2008.
Watkins argued in court papers that Melchert-Dinkel had no influence: that Drybrough decided to hang himself before Melchert-Dinkel suggested death by hanging, and Kajouji used her own method despite Melchert-Dinkel's suggestions.
Prosecutors have said all along that Melchert-Dinkel targeted individuals he knew he could influence. During sentencing in May 2011, Rice County Attorney Paul Beaumaster said that while the victims may have been depressed, Melchert-Dinkel's advice helped lead them to end their lives.
"In this case we have someone who, for sport, for entertainment, for the thrill of chase, sought out people who were depressed, who were suicidal," Beaumaster said in 2011. "That makes it worse in my mind."
In convicting Melchert-Dinkel in March 2011, Rice County District Judge Thomas Neuville agreed that the victims' predisposition to suicide was not a valid defense.
"The court finds that defendant's speech imminently incited the victims to commit suicide, and can be described as 'lethal advocacy,' which is analogous to the category of unprotected speech known as 'fighting words' and 'imminent incitement of lawlessness,'" the judge wrote.
Watkins acknowledged there are some categories that are prohibited, but said his client's actions do not fall into those categories.
The attorney also noted the trial court insinuated that Melchert-Dinkel had a duty to prevent the suicides. Watkins said that duty does not exist. He cited case law in which a woman's murder conviction was overturned after an appellate court found that her "mere inaction" to stop her son from killing his wife and dismembering the body didn't amount to criminal liability.
Watkins also said Minnesota's law banning assisting suicide may be constitutional, but when applied to speech, it has to be narrowly tailored. He said Minnesota's statute is unconstitutional because it is too broad.
Melchert-Dinkel was sentenced to more than six years in prison but he won't serve that if he follows terms of his parole, which include 360 days in jail. The jail time ? on hold while his appeal is pending ? was split so he'll serve 320 days upfront, then two-day stints on the anniversary of each victim's death for 10 years.
Source: http://news.yahoo.com/ex-nurse-wants-aiding-suicide-conviction-reversed-011912891.html
san francisco 49ers san francisco 49ers sf 49ers joe paterno died 49ers game ravens steven tyler national anthem
This guest article from YourTango was written by Deb Dutilh.
Short Version Bowers & Wilkins Wireless A7 speaker system is as good as it gets when you’re looking for big sound out of a compact design. Setup is incredibly easy thanks to Airplay, which lets you connect and control content wirelessly through your iOS devices. Yes, it’s relatively expensive, but it can essentially play the role of a complete music experience on it’s own. Plus, you can buy other Bowers & Wilkins pieces ? perhaps another A7 or the smaller A5 ? to enjoy room-by-room control throughout the house. Long Version Features: 8.5″ tall x 14″ wide x 6.3″ deep 12.5lbs Airplay USB Streaming 2x 25mm (1.0in) Nautilus tube aluminium tweeter, 2x 75mm (3.0in) Midrange, 1x 150mm (6.0in) Subwoofer Ethernet, 3.5mm input jack, and USB 2.0 Info: MSRP: $799 Available: Now Product Page The B&W A7 is… … an excellent all-in-one wireless Hifi speaker system. The A7 can fit almost anywhere, and only needs to be near an outlet to function. It’s truly compact, and initially gives the impression of small sound, too. But that couldn’t be further from the truth. The A7 delivers quality sound, with clear and powerful bass, and articulated highs and mids. I’ve even switched over my Apple TV audio with an optical audio cable adapter, and action movies just seem that much more real. Obviously, it’s not the same as having a full-fledged surround sound home theater system, but it’s a serious upgrade from a standard setup and/or other Airplay speakers I’ve used before, like the Sonos line. Setup is incredibly simple ? just plug in the A7 and download the Bowers & Wilkins setup app on an iOS device. It’ll ask you to connect to your Wifi, give the speaker a name (like Living Room, Bedroom, or whatever), and you’re good to go. Any one of your iOS devices (iPhone, iPod, iPad, and Apple TV) can then connect directly to the speaker, wire-free. Buy the A7 for… …the audiophile with limited space. Truth is, the A7 is the perfect start to a room-by-room sound system. Owners can purchase the A5 or another A7 and expand the experience to various rooms in the house. That’s a great gift for a tech-enthusiast dad, father-in-law, or brother, but a complete system would end up being quite expensive. What impresses me most about the A7 is that a college student in an apartment or dorm room can hook
)
