Print Page   |   Contact Us   |   Report Abuse   |   Sign In
News & Press: MCAA Announcements

Sex Offender Who Won Court Fight Plans To Live In Mendota Heights

Wednesday, May 2, 2018  
Posted by: Laura Fenstermaker
Share |

From Pioneer Press

A convicted sex offender who recently won a court fight with the Minnesota Department of Human Services plans to live in Mendota Heights.

Mendota Heights Police Chief Kelly McCarthy said the city was informed last week by the Minnesota Department of Corrections that Kirk Alan Fugelseth intended to take up residence near Farmdale Road and Wachtler Avenue on Monday. On Tuesday, she said it was unclear whether he had yet moved in.

A community notification meeting with police and Department of Corrections representatives will be held at 7 p.m. Thursday at Mendota Heights City Hall, 1101 Victoria Curve.

Convicted sex offender Kirk Alan Fugelseth, 51, intended to take up residence near Farmdale Road and Wachtler Avenue in Mendota Heights on April 23, 2018, officials said. (Courtesy of Minnesota Department of Corrections)

Fugelseth, 51, admitted to molesting 31 boys and girls in Arizona, Oregon and Clay County, Minn., in the 1990s. In 2001, he was sent to federal prison for possessing child pornography.

Fugelseth is one of only two people to be fully discharged from the Minnesota Sex Offender Program, which began in 1994. He no longer receives inpatient treatment and is “free to live in the community with no supervision,” the DHS said in a statement.

Fugelseth was civilly committed as a sexually dangerous person and a sexual psychopathic personality in 2003. Ten years later, he requested a provisional discharge from his commitment, and he later requested a full discharge.

Fugelseth’s full discharge became official on April 17, when the Minnesota Supreme Court declined to review a January decision by the state Court of Appeals affirming that he could be let go.

A judicial review panel concluded in July that there was no clear and convincing evidence that Fugelseth needed inpatient treatment or that he remained dangerous to the public. The panel also found that continuing Fugelseth’s commitment would be unconstitutional.

The appeals court interpreted the law to say that anyone who is civilly committed can be fully discharged if they meet the conditions for a provisional discharge, the DHS said in a statement.

This “departs from the way the law has previously been interpreted and applied, significantly lowering the standard for full discharge in such cases,” acting DHS Commissioner Chuck Johnson said in the statement.

Johnson contended that many other civilly committed sex offenders and mentally ill and dangerous patients could be fully discharged.

On Monday, Johnson publicly supported state legislation designed to clarify that those with a provisional discharge status should remain in custody. Senators unanimously approved the bill, which was authored by Sen. Warren Limmer, R-Maple Grove. The House still must take up the measure.

Town Square Television, a public-access station that covers the Mendota Heights area, will air Thursday night’s community notification meeting live on TV and online at townsquare.tv.

 


Membership Software Powered by YourMembership  ::  Legal