MAC e-update
February 2012
MAC News
MAC is pleased to announce that we have two new interns volunteering for us. Gregory Hudalla is a
third-year law student at Hamline and an MJF law clerk. He is currently working on gathering
information for us on restitution. MAC will be doing more on the restitution issue and will likely be
requesting information from our member programs about this issue. Our Communications Intern is Ryan
Hauschild. He will be updating our website and brochure and assisting at the legislature. Ryan has
worked with at-risk youth and has also volunteered at Tubman.
MAC is starting a listserv for members. We are excited to be starting a listserv for our member
programs. In addition to sending our e-updates, newsletters, and other information to you through the
listserv, we are hoping you will use the list to communicate with other members. If you want to ask other
members for advice, we can post your question in a format that will allow input from other programs.
MAC will be sending out information about the listserv in the next couple of weeks.
MAC is planning upcoming trainings. In the near future we will offer a free webinar entitled, State v.
Obeta: Using Expert Witnesses to Counter Rape Myths. For decades, courts had not allowed prosecutors
to present any evidence to a jury about counterintuitive behaviors by adult sexual assault victims (ie/
delayed reporting). Assistant Ramsey County Attorneys Kaarin Long and Tom Ragatz, with assistance
from Caroline Palmer at MNCASA, were successful in getting Minnesota courts to allow such evidence.
As soon as the date is finalized, we will send you more details. In addition to this training, we will be cohosting a training with the Ramsey County Attorney’s Office on recognizing and working with victims
who have PTSD. This training will likely take place in April during National Crime Victims’ Rights
Week.
If you have any information you would like to include on our website or in e-updates, especially any
upcoming events or job openings, please let us know. Even if your activities are community based, we
would like to tell others about your good works. For example, do you train members of your community
on crime prevention? Do you have any activities planned for National Crime Victims’ Rights Week? Let
us know!
As a reminder, our website is www.mnallianceoncrime.org. We would like to include stories on both the
website and in our quarterly newsletter about inspiring victims and advocates or other professionals who
make a positive difference in the lives of victims. Please send us your inspirational stories for our
newsletter and website. Please do not include any identifying victim information.
Preparation for the silent auction is underway. MAC will once again be holding a silent auction at
OJP’s annual crime victim conference. We are gathering many great items for you to bid on. We
welcome any donations for the auction!
Join MAC’s Team and Walk like MADD. MAC has formed a team to participate in MADD’s June 9th
5K, Walk like MADD in St. Paul. We would love for you to join us. Click here to view MAC’s team
page:
http://support.madd.org/site/TR?team_id=75302&pg=team&fr_id=2963&et=DHc5ihtgbczxmCK6Rg8Bg&s_tafId=34230
Our next board meeting will be on Friday, March 9th, at the St. Cloud library from 10:00-12:30.
MAC is continuing to have a presence at the legislature this year. See below for information on bills we
are watching. We are also working to strengthen relationships with the other coalitions, our members,
and allied professionals. Finally, MAC is participating in the MN Statewide Human Trafficking Task
Force. If you have any suggestions for MAC, we welcome your input!
Kelly Moller, Executive Director
ed@mnallianceoncrime.org
612-940-8090, 866-940-8090
YOUR HELP IS NEEDED
Call for victims willing to speak to offenders about the impact of crime
Each of the MN Department of Corrections facilities plans activities in recognition of National Crime
Victims’ Rights Week. The DOC is seeking victims of all types of crimes who are interested and willing
to come to a facility and speak with a group of offenders. If you know of any victims who might be
willing to do this, please contact Maria Alderink at the Victim Assistance & Restorative Justice Unit of
the DOC. Please contact her directly by February 29th at 651-361-7248 or maria.alderink@state.mn.us.
MNCASA survey
MNCASA is conducting a survey to determine how sexual assault and domestic violence multidisciplinary work is organized in your jurisdiction. The survey deadline is Friday, February 17th. Here is
the link: http://www.surveymonkey.com/s/5SYYMD7
WATCH nominations
WATCH gives the Sheila Wellstone Gold WATCH award each year in recognition of leadership on
behalf of women and children who are victims of domestic violence, sexual assault, or child abuse.
Honorees are chosen from both within and outside of the justice system. To nominate someone who
meets these criteria, please email khovde@watchmn.org for a nomination form. The deadline to
nominate is February 24, 2012.
MADD is seeking the help of teens
MADD is asking teens to take a stand and create a short video to encourage their peers to avoid drinking
alcohol and never get in a car with someone who's been drinking. The top five finalists will each win a
new iPad and a spot in the National Teen Influencer Group made up of teens from across the nation
interested in helping tackle this problem. Deadline is April 27th. For more information, see:
www.madd.org/powerofyouth
LGBTQ General Crime Victim Services Project
The Beyond Diversity Resource Center is seeking applications from mainstream crime victim service
agencies from across the United States to participate in the LGBTQ Crime Victim Services Project. The
effort is designed to help victim service agencies improve their mainstream services to lesbian, gay,
bisexual, transgender, and questioning clients. The demonstration project is designed to improve the
services of general crime victim agencies, not those that have a primary or exclusive mission to serve the
LGBTQ community or those that focus only on a narrow range of offense types (example: homicide,
domestic violence, sexual offenses). Interested agencies should call the Beyond Diversity Resource
Center at (856) 235-2664 for more information and an application package.
AT THE LEGISLATURE
MAC is monitoring a number of bills this session, including:
Jacob’s Law which requires divorced parents to notify each other if their minor child is the victim of
an alleged crime. The bill passed the House Public Safety Committee and was referred to the House
Judiciary Committee. Here is an article about the bill
http://www.house.leg.state.mn.us/hinfo/sessiondaily.asp?yearid=2011&storyid=2899
The House Public Safety Committee considered a bill which would make it a crime for domestic
violence victims who have an OFP to “invite” their perpetrator to a location forbidden by the OFP. The
bill was held over for future consideration by the committee.
http://www.house.leg.state.mn.us/hinfo/sessiondaily.asp?storyid=2903
A bill to increase penalties for repeat offenders of motor vehicle tampering passed the House Public
Safety Committee and was sent to the floor. A companion bill in the Senate awaits action.
http://www.house.leg.state.mn.us/hinfo/sessiondaily.asp?storyid=2912
The Senate Judiciary and Public Safety Committee will be considering SF1586 on February 16th.
That bill increases penalties for neglect of vulnerable adults by their caregivers. The text of the bill is:
https://www.revisor.mn.gov/bin/bldbill.php?bill=S1586.0.html&session=ls87. The companion bill,
HF1945, is being heard in House Judiciary Committee on the same day.
A bill to expand the definition of a qualified domestic violence offenses to include female genital
mutilation by a family or household member passed the House Public Safety Committee on February
16th. The text of the bill is: https://www.revisor.mn.gov/bin/bldbill.php?bill=H2149.0.html&session=ls87
UPCOMING TRAININGS, WEB FORUMS, AND OTHER
EVENTS
Elder Law CLE
The Elder Law Section of the MSBA is hosting a CLE, "Who are You Going to Call? Preventing
Financial Exploitation of Elders and What to Do When It Happens." The CLE is on February 23, 2012, at
the Radisson Hotel Roseville from 8:20 a.m. until noon. There are different rates depending on if you are
an MSBA member. If not, the rate is $35. For more information, contact Lisa at lmartinez@mnbar.org
Cornerstone’s Conference on Domestic Violence and Abuse
This annual conference will be held on February 23rd and 24th in Bloomington. For more information:
http://www.cornerstonemn.org/scripts/2012Brochurefinal.pdf
MADD’s Statewide Recognition Awards Ceremony
You are invited to attend MADD’s Awards Ceremony on February 27th from 11:00 to 2:00 at the
Minnesota Science Museum. The event is open to the public. The cost is $20 and includes lunch.
Parking is complimentary. Registration is due by February 20th. For more information, contact Jessica
Lewis at 651-523-0802, ext. 2757.
Hope for Human Trafficking Broadcast
The Civil Society, in partnership with TPT, has put together a broadcast on human trafficking. It will be
aired on TPT Feb. 27th at 2:30 a.m. and 8:30 p.m. For additional viewing times, follow this link.
http://www.tpt.org/?a=programs#17228.
Immigrant Law Center Training
The next training for the Immigrant Law Center of Minnesota’s Pro Bono Crime Victim Relief Project:
Immigration Relief for Crime Victims will take place on February 29th from 9-4 at Leonard, Street and
Deinard in Minneapolis. 5 CLE credits will be applied for. To register, visit www.ilcm.org.
National Child Protection Training Center Monthly Webinars
The National Child Protection Training Center is offering monthly webinars the third Thursday of every
month at 2:00 p.m. Upcoming trainings include on Mar. 15: When Words Hurt Investigating/Prosecuting Cases of Emotional Maltreatment. For more information and to register, see
http://www.ncptc.org/index.asp?Type=B_BASIC&SEC=%7bE0F44F9C-4631-4714-BBADAD510CB5C6F7%7d
Minnesota Crime Victim Survey Release
On March 1st, United Way will be releasing the results from the 2010 Minnesota Crime Victim Survey.
Attendance at the event is free, but registration is required. For more information call (612) 340-7400
Events hosted by World without Genocide
World without Genocide is hosting an event on March 13th at 7:00 p.m. at William Mitchell entitled
“Crime After Crime.” It is the story of a California victim of domestic abuse whose mother hired hit men
to kill the abuser. The victim, however, was convicted of murder but eventually won her freedom twenty
years later. The event is free and open to the public. For CLE credit there is a $25 fee. On March 27th at
7:00, World without Genocide will hold a symposium, Ending Violence Against Women: From the Local
to the Global at William Mitchell. General admission is $10 and CLE credits (2 elimination of bias) are
available for $25. There will be a free clinic for and about battered women at William Mitchell on
Saturday, April 14, from 1-3. For more information about these events, contact
info@worldwithoutgenocide.org or 952-693-5206.
Action Day to End Violence Against Women
Action Day at the State Capitol is a collective effort by six statewide coalitions to raise awareness about
the prevalence and devastating impact of violence against women in Minnesota. The Action Days this
year are March 5th and 6th. For the schedule of events and to register:
http://events.r20.constantcontact.com/register/event?oeidk=a07e5iiq6t3e004ac18&llr=44la84cab
Webinar To Discuss Trauma and Delinquency
On March 7, 2012, at 10:30 a.m. pacific time, the National Council of Juvenile and Family Court Judges
will host the Webinar, "The Truth About Trauma and Delinquency." The Webinar will examine how
traumatic events can have a long-term impact on those who experience trauma and how these events
affect their families and communities. http://www.ncjfcj.org/content/view/1531/315/
MSSA Annual Conference
The Minnesota Social Service Association’s annual conference will be held on March 13-16th in
Minneapolis. For more information and to register:
http://www.mssaconference.org/program.pdf
SAVE THE DATE
Prevent Child Abuse MN Gala
The gala will be held on Saturday, April 14 at the Mendakota Country Club. For more information,
please email pcamn@pcamn.org
National Crime Victims' Rights Week
NCVRW will be observed April 22-28, 2012. "Extending the Vision: Reaching Every Victim" is the
theme. The resources guide is now available online http://ovc.ncjrs.gov/ncvrw/ Please let MAC know of
any activities you are planning so that we can include you in our e-updates and on our website.
Conference on Crimes against Children in Indian Country
This conference will be held on April 26-26 at the Wisconsin Dells. Attend this conference to gain the
information and resources you need to improve the lives of Native American youth in your community,
utilizing a comprehensive, multi-disciplinary/multi-jurisdictional approach. An important goal of the
conference is to strengthen relationships between various agencies, tribes, and states, to promote a multidisciplinary, multi-jurisdictional approach to serving Native young people.
https://www.thecjportal.org/CJCI/conferences/CACIC/Pages/CrimesAgainstChildren.aspx
OJP’s annual crime victim conference
Minnesota Department of Public Safety, Office of Justice Programs, will hold its annual conference on
crime and victimization on May 30 – June 1, 2012. Be sure to stop by MAC’s silent auction.
NCVLI’s Annual Crime Victim Law Conference
NCVLI's 11th Annual Crime Victim Law Conference, Enhancing Justice: Empowerment Through
Victims' Rights, will be June 8-9, 2012 in Portland, Oregon.
World Elder Abuse Awareness Day
On June 13th from 8-5, there will be a day of training at William Mitchell in recognition of World Elder
Abuse Awareness Day. The event is free. WEAAD is
an annual event designed to bring concerned people together to discuss best practices for preventing and
responding to the maltreatment of vulnerable adults in Minnesota and across the world. The conference
offers unique training opportunities and information about resources, programs, and agencies to assist
when maltreatment of a vulnerable adult is suspected or becomes apparent.
National Call to Action Institute and Conference
The Women of Color Network (WOCN) is excited to announce the 2012 National Call to Action Institute
and Conference scheduled for July 9-13, 2012 in Minneapolis. The theme for this ground-breaking
experience is “Collective Empowerment, Collective Liberation.” For more information, see
www.womenofcolornetwork.org
NCVC’s National Conference
NCVC’s conference will be held in New Orleans on September 19-21, 2012.
RESOURCES AND FYI
Restitution Tool Kit
The NCVC has put together a restitution tool kit:
http://www.ncvc.org/ncvc/main.aspx?dbID=DB_MakingRestitutionReal171
Rice County Fraud Alert
Just in time for tax season, the Rice County Attorney’s Office has released its February Fraud Alert. It is
linked to MAC’s website at http://www.mnallianceoncrime.org/resources
MCBW’s 2011 Femicide Report
MCBW has released its annual Femicide Report. Here is the link:
http://www.mcbw.org/files/images/2011_Femicide_Report_FINAL_0.pdf
NCPTC article on mandated reporting
In this special edition of CenterPiece, twenty-seven child protection leaders and scholars address the
larger questions and propose common sense reforms to child abuse reporting. To read or download
Lessons from Penn State: A Call to Implement a New Pattern of Training for Mandated Reporters and
Child Protection Professionals, click here: http://www.ncptc.org/vertical/Sites/%7B8634A6E1-FAD24381-9C0D-5DC7E93C9410%7D/uploads/Vol_3_Issue_3__4.pdf
Video on Elder Abuse
An interesting YouTube video from CARP (http://www.carp.ca/) titled “CARP Special Report : Elder
Abuse - Does Anyone Care?” http://www.youtube.com/watch?v=a01Myf_6vcc&feature=youtu.be
February is National Teen Dating Violence Awareness Month
MCBW has provided the following information about teen dating violence: According to the National
Council on Crime and Delinquency, “Approximately one in three adolescent girls in the United States is a
victim of physical, emotional or verbal abuse from a dating partner”– a figure that far exceeds
victimization rates for other types of violence affecting youth. MCBW’s Femicide Report indicates that 5
Minnesotans between the ages of 16-21 were murdered due to teen dating violence in 2011. Teen dating
violence has lasting ramifications for its victims. The Center for Disease Control and Prevention reports
that “Dating violence can have a negative effect on health throughout life. Teens who are victims are
more likely to be depressed and do poorly in school… [and engage in] unhealthy behaviors, like using
drugs and alcohol, and are more likely to have eating disorders. Some teens even think about or attempt
suicide.” MCBW will hold its annual Teen Leadership Summit on February 18th.
The National Criminal Justice Reference Service has resources available to help teens in abusive
relationships: https://ncjrs.gov/App/QA/Detail.aspx?Id=1383
The CDC has developed a fact sheet, Understanding Teen Violence:
http://www.cdc.gov/ViolencePrevention/pdf/TeenDatingViolence2012-a.pdf
GRANTS
Community Crime Prevention Grant
OJP has released a RFP for the Community Crime Prevention Grant. The purpose of this request for
proposals is to fund community-based programs designed to enhance community safety and to assist the
community in its crime prevention efforts. Project design should be based on current research on best or
promising practices. Feb. 29th is the deadline.
https://dps.mn.gov/divisions/ojp/grants/Pages/default.aspx
Program Seeks To Stop Intellectual Property Crime
The Protecting Public Health, Safety and the Economy from Counterfeit Goods and Product Piracy: The
Intellectual Property Theft Enforcement Program will improve the capacity of state, local, and tribal
criminal justice systems to address intellectual property criminal enforcement, including prosecution,
prevention, training, and technical assistance. The deadline is March 2, 2012.
Solicitation Seeks To Build Community-Police Partnerships
The MetLife Foundation Community-Police Partnership Awards solicitation seeks to enhance
neighborhood safety and revitalization through partnerships between law enforcement and community
groups. Deadline is March 11th.
http://www.lisc.org/docs/resources/2012_MetLife_Preliminary_Application.pdf
JOBS
Advocate/Coordinator, Hands of Hope Resource Center
Hands of Hope is an agency that provides services to victims/survivors of sexual assault, domestic
violence, child abuse, and other crimes, as well as education of these issues. They are seeking a full-time
victims’ advocate/coordinator. The deadline is February 24th. For more information:
http://www.handsofhope.net/abouthoh/index.html
Shelter Advocate, Alexandra House
Alexandra House, a domestic and sexual violence service provider, has an opening for a full-time shelter
advocate. The deadline to apply is February 29th. http://www.alexandrahouse.org/ftpgetfile.php?id=215
Anti-Violence Program Project Coordinator, OutFront Minnesota
OutFront is Minnesota’s leading organization serving the LGBT and allied communities. The AVP
Project Coordinator will oversee the development and implementation of a project to increase access for
LGBT crime victims. http://outfront.org/jobs/internal
Jobs at Breaking Free
Breaking Free is pleased to announce two new job openings effective immediately: a full-time Women’s
Program Coordinator and a part-time Transitional Housing Advocate. For more information:
http://www.breakingfree.net/bf_employment_opportunities.aspx
NEWS FROM THE COURTS
New judges in the 5th and 7th districts
Governor Mark Dayton announced the appointment of Sarah E. Hennesy as District Court Judge in
Minnesota’s Seventh Judicial District. Ms. Hennesy will be replacing the Honorable Steven P. Ruble,
who retired at the end of 2011. http://www.mncourts.gov/?page=NewsItemDisplay&item=54494:
Governor Mark Dayton announced the appointment of Mr. Gordon Moore and Mr. Terry Vajgrt as
District Court Judges in Minnesota's Fifth Judicial District. Mr. Moore will be replacing the Honorable
Jeffrey L. Flynn who will retire later this month, and Mr. Vajgrt will be replacing the Honorable Timothy
K. Connell, who retired in October. Mr. Moore’s seat will be chambered in Nobles County and Mr.
Vajgrt’s seat will be co-chambered in Pipestone and Rock Counties.
http://www.mncourts.gov/?page=NewsItemDisplay&item=54374
Relevant Minnesota Supreme Court Decisions
State of Minnesota, Appellant, vs. Ronald Gene Fleck, Respondent.
1. Minnesota Statutes § 609.075 (2010) applies to specific-intent crimes.
2. The offense of assault-harm as defined by Minn. Stat. § 609.02, subd. 10(2) (2010)
(prohibiting the intentional infliction of bodily harm), is a general-intent crime.
Reversed, judgment of conviction reinstated. Justice Helen M. Meyer.
http://www.mncourts.gov/opinions/sc/current/OPA100681-0215.pdf
State of Minnesota, Respondent, vs. Herman Tanksley, Jr., Appellant.
Evidence that a first-void urine sample does not provide a reliable correlation to blood alcohol
concentration is not relevant to the offense of driving with an alcohol concentration of 0.08 or more,
Minn. Stat. § 169A.20, subd. 1(5) (2010), when the State seeks to prove the defendant’s alcohol
concentration solely with evidence of the amount of alcohol contained in the defendant’s urine.
Affirmed. Justice David R. Stras
http://www.lawlibrary.state.mn.us/archive/supct/1202/OPA100392-0208.pdf
State of Minnesota, Respondent, vs. Randolph Johnson, Jr., Appellant.
1. As applied to appellant, Minn. Stat. § 609.117, subd. 1(1) (2010), which requires a defendant
charged with a felony and then convicted of a misdemeanor arising out of the same set of circumstances
to provide a DNA sample for identification purposes, does not violate the prohibitions against
unreasonable searches and seizures in the U.S. and Minnesota Constitutions.
2. As applied to appellant, Minn. Stat. § 609.117, subd. 1(1), which requires a defendant charged
with a felony and then convicted of a misdemeanor arising out of the same set of circumstances to provide
a DNA sample for identification purposes, does not violate the Equal Protection Clauses of the U.S. and
Minnesota Constitutions.
Affirmed. Justice Christopher J. Dietzen.
Dissenting, Justices Helen M. Meyer, Alan C. Page and Paul H. Anderson.
http://www.lawlibrary.state.mn.us/archive/supct/1201/OPA090247-0125.pdf
In the Matter of the Welfare of: M.L.M.
1. As applied to appellant, Minn. Stat. § 609.117, subd. 1(2) (2010), which requires a juvenile
petitioned for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same
set of circumstances to provide a DNA sample for identification purposes, does not violate the
prohibitions against unreasonable searches and seizures in the U.S. and Minnesota Constitutions.
2. As applied to appellant, Minn. Stat. § 609.117, subd. 1(2), which requires a juvenile petitioned
for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same set of
circumstances to provide a DNA sample for identification purposes, does not violate the Equal Protection
Clauses of the U.S. and Minnesota Constitutions.
Affirmed. Justice Christopher J. Dietzen.
Dissenting, Justices Helen M. Meyer, Alan C. Page and Paul H. Anderson.
http://www.lawlibrary.state.mn.us/archive/supct/1201/OPA090875-0125.pdf
Relevant Minnesota Court of Appeals Decisions
State of Minnesota, Respondent, vs. Todd Bradley Gunderson, Appellant.
Cass County District Court, Hon. David Harrington.
To be convicted of a felony for violating a harassment restraining order under Minn. Stat. § 609.748,
subd. 6(d) (2008), the defendant must have intentionally engaged in prohibited conduct, knowing that
such conduct was prohibited.
Reversed and remanded. Judge David Minge.
http://www.lawlibrary.state.mn.us/archive/ctappub/1202/opa110090-020612.pdf
State of Minnesota, Respondent, vs. Kenneth Maurice Johnson, Appellant.
Hennepin County District Court, Hon. David Duffy.
The Fifth Amendment does not prohibit the state, during its case-in-chief, from presenting evidence of a
defendant's post-arrest, pre-Miranda silence when the state did not compel the defendant to speak or
remain silent.
Affirmed. Judge Heidi S. Schellhas.
*Note that this decision also discusses the impact on the victim in the context of joinder.
http://www.lawlibrary.state.mn.us/archive/ctappub/1201/opa110006-013012.pdf
State of Minnesota, Respondent, vs. Tammy Marie Fitman, Appellant.
Mower County District Court, Hon. Donald E. Rysavy.
To convict a defendant for intentionally concealing a minor child from a person having the right to
parenting time or custody under Minn. Stat. § 609.26, subd. 1(1) (2008), the state must prove that the
child's whereabouts were unknown to and withheld from the person with the right to parenting time or
custody and that the defendant hid the child to prevent that person from locating or contacting the child.
Reversed. Judge Francis J. Connolly.
http://www.lawlibrary.state.mn.us/archive/ctappub/1201/opa110406-012312.pdf
In the Matter of the Welfare of: J. J. P.
Hennepin County District Court, Hon. Kathryn L. Quaintance.
1. Under Minn. Stat. § 260B.198, subd. 6 (2010), the district court may expunge records held by
executive-branch agencies.
2. Because a request for statutory expungement does not present a separation-of-powers conflict,
the separation-of-powers principles that otherwise restrict the judiciary's inherent authority to grant
expungement are inapplicable when deciding whether to grant an expungement under Minn. Stat. §
260B.198, subd. 6.
3. Because a juvenile-delinquency adjudication does not result in a criminal conviction or a
criminal record, when deciding whether to grant an expungement under Minn. Stat. § 260B.198, subd. 6,
the district court must be guided by the principles that govern dispositional decision-making in juveniledelinquency
Reversed and remanded. Judge Michelle A. Larkin
http://www.lawlibrary.state.mn.us/archive/ctappub/1201/opa111146-012312.pdf
State of Minnesota, Respondent, vs. Bruce Rodney Jacobs, Jr., Appellant.
(unpublished) vacating the no contact order
http://www.lawlibrary.state.mn.us/archive/ctapun/1201/opa110260-013012.pdf
YouTube - Videos from this email