Minnesota Teacher-Student Sexual Relationships

Dakota Co. Attorney James C. Backstrom


”Quite frankly, it should be a crime,” said County Attorney Backstrom.  He pushed to change the law after a similar case nearly a decade ago.

In light of the new cases, he says he will once again encourage lawmakers to make teacher-student sexual relationships illegal, regardless of the student’s age.

“I’ll raise this issue again with legislators here in Dakota County and hopefully get the bill introduced again next session, Backstrom said. “I think it’s worth another try.”

KARE 11 Investigates: Teacher-student sex not always illegal in Minnesota

Lou Raguse, KARE 10:22 PM. CDT October 04, 2017

BURNSVILLE, Minn. – A county prosecutor is calling for a change in Minnesota law – to make it illegal for teachers to have sexual contact with high school students, regardless of their age.

Currently, it’s not a crime in Minnesota for a teacher to have sexual relations with a student who is at least 18 years old.

And recent cases reviewed in a KARE 11 investigation, raise questions about how Minnesota holds teachers accountable if they do have sex with their students.

In some cases, KARE 11 learned state education officials won’t even investigate.

“It just eats at you, because you put this trust in these people to protect them,” said the mother of one student.

Continue Reading: http://www.kare11.com/news/kare-11-investigates-teacher-student-sex-not-always-illegal-in-minnesota/480903753

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Media promotes stories that create societal outrage and the solution is always more legislation and initiatives, tougher laws, more law enforcement, more training, etc. None of these solutions make a meaningful difference in preventing sex offenses and really just appease our need to feel that we are protecting children and that our legislature is addressing the issue.

State laws regarding “consensual sex” (referred to generally as statutory rape laws) prohibit adult-child relationships but define childhood differently, depending upon the state.

What is the Minnesota Age of Consent?

The Minnesota Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Minnesota are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Minnesota statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16, although it is raised to 18 when the offender is an authority figure. If the younger party is 13-15, their partners must be no more then 2 years older, and children under 13 may only consent to those less than 36 months older.

Age of consent laws are tied into other statues such as those of rape and sexually assaulting and raping somebody is already a crime.

A very wise saying. Those who expect a new law to magically make all that nasty bad behavior disappear fool themselves. You can change said behavior by several means, but making laws is not one of them.

“There is no simple fix to the devastating problem of sex abuse. Instead of politically popular measures that make no difference we need to turn our attention and resources to ways of addressing the epidemic of sex abuse that, while perhaps not as politically popular, will actually work so that more potential victims can be spared.” Deborah Jacobs, Executive Director of the American Civil Liberties Union of New Jersey.


Call to Action

Intercomm Radio Presents Michael Volpe Freelance Investigative Journalist

Click to listen:  Intercomm Radio Presents Michael Volpe Freelance Investigative Journalist  (Bar shown below is at the top of the page)

About Michael Volpe;

After spending a decade in finance, Michael Volpe has been a freelance investigative journalist since 2009. His work has been published locally in the Chicago Reader, Chicago Crusader, Chicago Heights Patch, and New City. Nationally, Volpe’s work has appeared in a wide variety of publications including the Washington Examiner, the Daily Caller, Crime Magazine, the Southern Christian Leadership Conference Newsletter, and Counter Punch. Volpe has been recognized by whistleblowers as leading the charge in getting their stories out. His first book Prosecutors Gone Wild was published in October 2012, his second book The Definitive Dossier of PTSD in Whistleblowers was published in February 2013 and his third book Bullied to Death was published in August 2015.


Less Is More

Photo Courtesy of Pixabay

“To be governed is to be watched over, inspected, spied on, directed, legislated, regimented, indoctrinated, preached at, controlled, assessed, evaluated, censored, commanded; all by creatures that have neither the right, nor wisdom, nor virtue…. To be governed means that at every move, operation, or transaction one is noted, registered, entered in a census, taxed, stamped, priced, assessed, patented, licensed, authorized, recommended, admonished, prevented, reformed, set right, corrected. Government means to be subjected to tribute, trained, ransomed, exploited, monopolized, extorted, pressured, mystified, robbed; all in the name of public utility and the general good. Then, at the first sign of resistance or word of complaint, one is repressed, fined, despised, vexed, pursued, hustled, beaten up, imprisoned, shot, machine-gunned, judged, sentenced, deported, sacrificed, sold, betrayed, and to cap it all, ridiculed, mocked, outraged, and dishonored. That’s government, that’s its justice and its morality.” Daniel Guérin Anarchism: From Theory to Practice

Simmer down. . . I’m not an anarchist! I just happen to prefer a minimal government vs. a corrupt, abusive, inefficient and tyrannical government. Call me crazy but hey, that’s just me!

Northern Service Center West St. Paul

Anyhow, I had my first group probation meeting today in West St. Paul for case no. 19HA-CR-15-4227.

I don’t qualify for a transfer of my probation to Stearns Co. as I’m deemed to be low risk, and yet, I have six felony convictions!

I drove 1.5 hrs., to wait over an hour, to meet with a probation officer for 5 minutes.


Dakota County Community Corrections 2016-2017 Comprehensive Plan (Click on title to view)

Excerpts: Our integrated service delivery work for offenders will create an integrated infrastructure with consumer channels of access, common process functions, coordinated service delivery and ultimately, sustainable outcomes for our offenders.


  Click to Zoom↓


Remember, Grant Dollars=Taxpayer Dollars

Although placing someone on probation is cheaper than imprisonment, it is still a significant expense. A 2014 Pew Study of 34 American states found the government spent around $2.5 billion on probation and parole programs in 2008 compared to $18.65 billion spent on prisons. 

MN Dept. of Corrections – Dakota County Comprehensive Plan Budget 

As government policy, the probation system has never been about helping people move on with their lives after committing a crime. Instead, it has enabled the government to dig deeper into peoples’ private lives in search of punishable flaws. The case for eliminating criminal probation

The real goal is to keep the problems going to keep the money flowing. There are very few aspects of any public system that do NOT tie back into funding, grants and the setup of monopolies at all levels of government.

Blue Is The New Black

Since my incarceration, I frequently get the question, “have you seen Orange Is The New Black?”

I hadn’t seen it before my imprisonment, but have binge-watched 2 seasons since my release. Unlike other series, it didn’t take long to get burned out on the tedium of this show. Yes there are similarities with the show and real life incarceration, but keep in mind the series is about prison life and even though the terms are often used interchangeably, prisons and jails are different.

The United States has approximately 1.8 million people behind bars: about 100,000 in federal custody, 1.1 million in state custody, and 600,000 in local jails. Prisons hold inmates convicted of federal or state crimes; jails hold people awaiting trial or serving short sentences. The United States now imprisons more people than an
y other country in the world—perhaps half a million more than Communist China. The Prison-Industrial Complex


Once you arrive at RCCF, you are photographed, fingerprinted and charged a $20 booking fee. Once you’re booked and given inmate attire, you’re assigned to a housing unit. There are 3 different dorms for women. The main one has cells vs. bunk beds in an open room. I was assigned to the top bunk in Cell #7 and had 10 different “cellies” during my 4 months.(Oh and no pillows unless you have a medical reason to have one).

          “Blues & Shoes” Ramsey County Correctional Facility Female Inmate Uniforms

You can’t bring any hygiene items, electronic devices, or other personal items in, but you can purchase items from Inmate Canteen for outrageously exorbitant prices. RCCF inmates are given a hygiene bag after being admitted which includes a plastic cup, toothbrush, toothpaste, deodorant, comb, an elastic hair tie and flip flops. No jewelry is allowed.

RCCF Toothpaste (also worked well as glue)

Pepsodent was the “real” toothpaste that you could order from Inmate Canteen and Suave products were like gold! Shampoo and conditioner was only 4 bucks a bottle. If you had it, you shared it with the dorm. Because I was on the lower tier, I constantly had people knocking on my cell door to “borrow” things, including water from my sink for their ramen noodles.

The 89¢ rubber pen     

  • No makeup is allowed but inmates do get creative with colored pencils. The pencils also have to be purchased through Inmate Canteen unless you win them as  a prize for attending the Learning Center. The Center provides adult basic education programs in reading, writing, math, and GED prep as well as classes on personal finance, job seeking and retention, career exploration, computer skills, and driver’s license preparation and testing.
  • Lights on at 6:30am and lights out at 10:30pm (the lights are never really off, just dimmed).
  • Inmates are required to stand for count at 11:05am, 5:05pm, and 10;00pm. That means that you are locked in your cell and you must stand by the window in your door to make sure everyone is in the dorm.
  • Inmates cannot enter others cells or loiter in front of cell doorways.
  • No food from meals can be brought into your cell.
  • No note passing or canteen items between dorms.
  • Razors can only be used after 6:30pm
  • Inmates are allowed 4 books, I bible, and 4 magazines (Perk for working in the library was getting newer magazines before pages were torn out for recipes, decorating ideas, etc.)
  • Inmates are only allowed one 20-minute video visit per week using a phone and video camera.
  • Inmates get one free, 60-second phone call after being admitted. Legal calls to lawyers and probation officers are free. A listing of free calls is provided to all inmates. Other calls may have a fee that is charged by the minute. Inmates are allowed to make collect calls. The Prison Policy Initiative found that families pay $1 billion annually to call relatives in prison, and until 2013, calls could cost $17 for a 15 minutes (the FCC cracked down on this and those calls now cost $3.75). What Incarceration Costs American Families
  • No volume on TV. Must purchase $30 headset to listen.
  • $5 to see the nurse
  • $15 to have a tooth pulled

Rule violations may result in loss of good time, time spent in security, administrative segregation  restitution and/or upward departure of established sanctions.

Cash or Credit? Paying for Your Time: How Charging Inmates Fees Behind Bars May Violate the Excessive Fines Clause

Excessive Fines Clause of the Eighth Amendment The Eighth Amendment provides “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” I guess the majority of judges didn’t get the memo!

“Over the last 30 years, for-profit prison corporations, such as Corrections Corporation of America (CCA) and GEO Group (formerly Wackenhut Corrections Corporation), have benefited from the dramatic rise in incarceration and detention in the United States. Since the advent of prison privatization in the early 1980’s, the number of people behind bars in the US has risen by more than 500 percent to more than 2.2 million people.   Image result for treatment industrial complex

The result is an emerging “Treatment Industrial Complex” (TIC) — the movement of the for-profit prison industry into correctional medical care, mental health treatment, and ‘community corrections.’ Community corrections include corrections programs outside of jail or prison walls: probation and parole services including halfway houses; day reporting centers; drug and alcohol treatment programs; home confinement; electronic monitoring; and an array of supportive services such as educational classes and job training. Community corrections is a huge business, with three times as many people under “community corrections” programs as currently incarcerated in prison facilities.

While the prison industrial complex was dependent on incarceration or detention in prisons, jails, and other correctional institutions, this emerging “treatment industrial complex” allows the same corporations (and many new ones) to profit from providing treatment-oriented programs and services.

As a result, this emerging Treatment Industrial Complex has the potential to ensnare more individuals, under increased levels of supervision and surveillance, for increasing lengths of time—in some cases, for the rest of a person’s life.  How For-Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain

Law enforcement agencies can also get extra money from federal grants.

Community Corrections – Grants and Funding Bureau of Justice Assistance (BJA)

BJA supports law enforcement, courts, corrections, treatment, victim services, technology, and prevention initiatives that strengthen the nation’s justice system. BJA offers a Grant Writing and Management Academy and provides funding through a number of programs for corrections.

Federal grants are never free and they almost always come with strings attached. Federal “assistance” allows the feds to dictate state policies and even what the states do with large chunks of their own money.

The bottom line is whether it’s jail or prison, people are being incarcerated for non-violent and non-criminal offenses. It’s the money that drives this system and there is a lot of money to be made from criminalizing nonviolent activities and jailing people for nonviolent offenses.

The essence of nomocracy, the rule of law, is limitation of the discretion of officials, and providing a process by which errors or abuse of discretion can be corrected. Some discretion is unavoidable, because law cannot anticipate every eventuality or how to decide which law may apply to a given situation. What guidance the law cannot provide is supposed to be provided by standard principles of justice and due process, reason, and the facts of each case. Ideally, officials should be mutually consistent and interchangeable, making similar decisions in similar cases, so that no one can gain an undue advantage by choosing the official or exercising undue influence on the official or on the process he operates. We trust officials to exercise such discretion as they have with wisdom, justice, and competence, to avoid government that is arbitrary, insolent, discriminatory, prejudiced, intrusive and corrupt.     Abuse of Judicial Discretion~ Jon Roland 

We’re definitely past the point of avoiding government that is arbitrary, intrusive and corrupt. The good news is that people are waking up and wising up and starting to demand a governance  that will preserve, protect and promote truth, justice and liberty.


Matt Little (@LittleSenator) | Twitter

Scandal Alert! City Of Lakeville Mayor Matt Little Doesn’t Even Reside In Lawless Lakeville? (Who’d Want To Live In That Lawless Shit-Hole, Right?) 2012 & 2014 Affidavit Of Candidacy Proves Little Resides In Rosemount? 2016 Affidavit Of Candidacy & 2014 Lawyer License Info Prove Little Resides in Farmington? How Many Days Has Little Lived In The Lawless Shit-Hole Called The City Of Lakeville, Huh? Not A Single Day? Inquiring Minds Want To Know, Don’t They? Is This Why Little Doesn’t Want To Investigate Corrupt Lakeville Police Dept’s Willful Data Practice Violations And Willful Refusal To Take Dede’s Witness Tampering Complaint? Inquiring Minds Really Want To Know, Don’t They?  Dede Suspects That Former Star Tribune Hack Michael Bordkorb Aided & Abetted In The Witness Tampering?


             Speaking of my favorite presstitute. . .  ↓

Image result for michael brodkorb facebook

Michael Brodkorb


Eagan Police Caught Willfully Violating Minnesota Government Data Practice Act (MGDPA) & Willfully Refusing To Comply With Rules & Model Policies Of Commissioner Of Dept Of Admininstration To Illegally Withhold Incriminating Domestic Abuse Report & Incriminating Audio Of Former Political Hack & Former Star Tribune Hack Michael Brodkorb? Standard Operating Procedure For So-Called Dakota County Law Enforcement Is To Think & Act Like They’re Above The Law, Isn’t It? (They’re Sovereign Citizens, Aren’t They?) Brodkorb’s Adultery Strikes Fear Into Abused Wifey?

Police Report Previously Scrubbed from the Internet  ↓

Continue Reading: http://lionnews00.blogspot.com/2016/08/eagan-police-caught-willfully-violating.html

Dakota County Discredited Again!

April 13, 2016 | UPDATED: 4 days ago

A former defense attorney jailed for weeks on the subsequently dropped charge that he set his girlfriend on fire — resulting in international news coverage, including a Taiwanese cartoon casting him as a maniac — has filed a federal lawsuit against the law enforcement agencies involved.

David John Gherity (Photo courtesy of Dakota County Sheriff's Office)
David John Gherity (Photo courtesy of Dakota County Sheriff’s Office)

The suit, filed in federal court in St. Paul last week on behalf of David J. Gherity, 62, and his then-girlfriend Joan Isabella, accuses Burnsville police and Dakota County Attorney’s Office of violating Gherity’s constitutional rights.

It also names two investigators who worked for the department during the 2014 case, along with chief Eric Gieseke and the Hennepin County Medical Center, where Isabella received treatment after the fire.

The suit alleges unlawful arrest and confinement and violation of the “protected liberty interest in his (Gherity’s) good name.” It further alleges the agencies hid evidence, manipulated witness statements and kept Gherity in jail knowing he was innocent.

Joseph E. Flynn, an attorney representing the city of Burnsville, responded, “We find the claims to be completely unfounded, and we will be addressing the specific claims with the actual facts in court.”

Flynn added that Gherity’s arrest was based on “compelling statements of the victim, forensic evaluation and interviews of numerous witnesses. The investigation was thorough, complete and timely, and we had probable cause to proceed with the arrest.”

The Dakota County attorney’s office declined comment.

In February 2014, firefighters were called to the Burnsville condominium where Gherity and Isabella lived, and found Isabella sitting at a table with burns on her head and face, neck and legs.

Gherity, 62, was charged in April 2014 in Dakota County District Court with first-degree assault and two counts of first-degree arson. He was arrested and held in jail from April 2 until May 30 of that year, according to the suit; charges against him were dropped on June 13.

Read More:http://www.twincities.com/2016/04/13/former-defense-attorney-sues-burnsville-police-dakota-county/