Crime

Judge Convicts Nurse: Free Speech Does Not Cover Encouraging Suicide

FARIBAULT, Minn. (AP) — Freedom of speech is no defense for a former nurse who engaged in “lethal advocacy” when he encouraged an English man and Canadian woman to kill themselves after searching for depressed people over the Internet, a Minnesota judge said in delivering a guilty verdict against the man.

The judge found William Melchert-Dinkel, 48, guilty Tuesday of two counts of aiding the suicides 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. Melchert-Dinkel declined a jury trial and left his fate to Rice County District Judge Thomas Neuville.

Melchert-Dinkel’s attorney, Terry Watkins, said the defense was disappointed with the verdict and planned to appeal. Watkins said appellate courts will have to answer whether Melchert-Dinkel’s actions rose to the level of a crime or were protected speech in the context in which they occurred, given the defense view that the victims were already predisposed to suicide and his online statements didn’t sway them.

In his ruling, Neuville stuck mostly to a dispassionate recitation of the facts in the case. The judge again rejected the defendant’s argument that his actions amounted to free speech, affirming a pretrial ruling he issued in November. He also reaffirmed his rejection of the defense claim that Melchert-Dinkel‘s online statements didn’t sway the victims.

“Melchert-Dinkel was not merely expressing ideas about suicide 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,’” Neuville wrote.

After sentencing, which is scheduled for May 4, Watkins said, his next stop will be the Minnesota Court of Appeals, and the defense is prepared to appeal to higher courts if necessary. He said the defense didn’t dispute the facts as the judge laid them out in his 42-page ruling, but disagreed on whether they added up to proof of guilt beyond a reasonable doubt.

“We will carry this as far as judicially allowed,” Watkins said.

Minnesota’s rarely used aiding suicide law carries a maximum penalty of 15 years in prison and a $30,000 fine. Data from the Minnesota Sentencing Guidelines Commission show that since 1994, only six people have been sentenced on the charge. One was sent to prison for four years; the rest received local jail time, probation or both.

Rice County Attorney Paul Beaumaster said he would seek a sentence consistent with the earlier cases.

“I think justice was served,” Beaumaster said. “I think it was a just verdict based on the facts of the case, and convictions were earned on both counts.”

Prosecutors said Melchert-Dinkel, who lives in the southern Minnesota city of Faribault, was obsessed with suicide and hanging and sought out potential victims online. When he found them, prosecutors said, he posed as a female nurse, feigned compassion and offered step-by-step instructions on how they could kill themselves. Melchert-Dinkel told police he did it for the “thrill of the chase.” He acknowledged participating in online chats about suicide with up to 20 people and entering into fake suicide pacts with about 10 people, five of whom he believed killed themselves.

Drybrough’s mother, Elaine Drybrough, said she was glad the judge agreed Melchert-Dinkel was guilty. If he had been cleared, she said, it would have sent a signal to other people contemplating similar actions that encouraging suicides is permissible.

“He‘s been told it’s not all right,” she said.

Kajouji’s mother, Deborah Chevalier, said she‘s concerned the penalty won’t be in line with the crime and that Melchert-Dinkel’s appeal will delay a final resolution.

“I’ve said all along that a crime is just as vile and offensive whether it be committed in our own homes or over the Internet,” she said in an e-mail.

During oral arguments in February, Watkins called his client’s behavior “sick” and “abhorrent” but said it wasn’t a crime. He said Drybrough had been ill for years and went online seeking drugs to overdose, while Kajouji was going through a rough time in her life, had a miscarriage after drinking heavily and was depressed. Watkins said they were both intelligent people who wouldn‘t be swayed by his client’s online “babbling.”

Beaumaster said Melchert-Dinkel’s intent was to see them die, and the law is designed to protect vulnerable people.

“That’s the point. That’s who he looked for,” he said. “He targeted individuals he knew he could have an influence on. Were they predisposed? Absolutely!”

Minnesota authorities began investigating in March 2008 when an anti-suicide activist in Britain claimed someone in the state was using the Internet to manipulate people into killing themselves.

The Minnesota Board of Nursing revoked Melchert-Dinkel’s license in 2009.

Comments (27)

  • 2smart
    Posted on March 16, 2011 at 9:02pm

    But it is free speech for the Westlake Baptist Church to denegrate the fine members of the armed forces when they protest at their funerals. I don’t like that ruling but it is correct just as the appelate court should overule this judge.

    Report Post » 2smart  
  • deadbeatjoe
    Posted on March 16, 2011 at 12:45pm

    The judge is wrong.

    Report Post » deadbeatjoe  
  • uisignorant
    Posted on March 16, 2011 at 12:16pm

    How do you convict a man in the US for a potential crime in another county he was never in not against an American citizen?

    Report Post »  
  • cogito ergo sum
    Posted on March 16, 2011 at 12:13pm

    I am suspicious of the fact that this person is handed the responsibility of these deaths. How can they be certain this man’s actions were the final straw? Obviously these people were already in a vulnerable state but he is only one of many things that contributed to their ultimate decision. While I agree that he assisted, he is no more a cause than the other factors facing these people. He should not get any significant sentence. Though I do feel sorry for the victims’ families.

    Cogito Ergo Sum

    Report Post » cogito ergo sum  
  • bobby535
    Posted on March 16, 2011 at 11:49am

    I think we need to get passed ourselves and our views. Although it is my opinion that this is morally wrong (to tell people to kill themselves), I can’t say the judge is right, just because it favors my opinion. Free speech is free speech.

    And to those that want to bring up the Bible, why do you think the God put the “Tree” in the garden of Eden instead of placing it outside where Adam and Eve would be safe from it?

    Report Post »  
  • The Gooch
    Posted on March 16, 2011 at 9:31am

    Hmm, sounds like a certain religion of “pieces” of which I’ve heard. “Kill yourself; it’s for the best.”
    Not real keen on rationalizing how a suicide is another individual’s fault; that tends to be a mechanism of defense used by the person committing the act. “The devil (i.e., spouse, children, govt., aliens) made me do it,” says the note that attempts to place blame at others’ feet.
    I may be jaded after being exposed to such people for over a decade, but this one doesn’t raise my dander. Sorry, Mr. Dinkel, but you weren’t acting as an agent of the state. If that had been the case…

    Report Post »  
  • heavyduty
    Posted on March 16, 2011 at 8:06am

    Even though it is his right to free speech, the people that committed the acts also have the right to refuse his advice. It’s called free will people use it. These people that killed themselves didn’t want to live, and I really think that they would have carried out the acts whether he told them to do it or not.

    Report Post »  
    • blackcatrun
      Posted on March 16, 2011 at 8:34am

      Maybe, maybe not. Free will or not the guy was a cheering squad seeking out those whom sought some kind of relief. Saying and doing being two very different things. Save me save me we are drowning in misery, this guy comes along and hands them an anchor. Nice a courtroom seen it for what this guy was really doing. He was murdering people without bloodying his hands.

      Report Post »  
    • walkwithme1966
      Posted on March 16, 2011 at 8:59am

      But if the person is depressed are they able to make a rational decision? Boy this is an interesting case – good arguments on either side. http://wp.me/pYLB7-KF

      Report Post » walkwithme1966  
    • PA PATRIOT
      Posted on March 16, 2011 at 9:15am

      @ Walk with the hippies
      The TEC 9 is an awesome weapon, I would love to have one, however only the criminals and drug cartels have them. Sorry for you. Do you have statistics on locked weapons, a principle most gun owners subscribe?

      Report Post » PA PATRIOT  
    • Dale
      Posted on March 16, 2011 at 10:42am

      Heavy;

      I think that their being on line discussing suicide indicates they didn’t want to carry it out. They were looking for support. This sick monster helped persuade then into action.

      Report Post » Dale  
  • piper60
    Posted on March 16, 2011 at 8:06am

    I apologize for not remembering the exact passage in the Bible——-but——isn’t there something in the Bible that says if you tempt another into sinning, the justice you’ll face is far,far worse? Suicide is considered a mortal sin because the person who commits it is putting themselves in the position of God. So tempting people into that sin is a one way ticket to the fires and brimstone of hell, in my view.

    Report Post » piper60  
    • goatkid
      Posted on March 16, 2011 at 8:58pm

      @ piper60
      There is something to that effect, although I can’t remember exactly where. I am a Christian. I agree that committing suicide is, in a way playing God. I was been very close to someone who committed suicide. The people that do that are so deeply depressed that they cannot think rationally. They are crazy. Mentally ill. When a person does something like that, because of being so sick, I am sure that God sees their suffering and looks at those people and their lives individually. They are so deep into their own suffering, that they are not concerned with what God or anyone else thinks. They just want to end the pain.

      Report Post »  
  • donh2
    Posted on March 16, 2011 at 7:52am

    Obama is driving the entire world to suicide. His economic policies are “ lethal advocacy ”.. Can we please take him away now…. ?

    Report Post »  
  • aLinedog
    Posted on March 16, 2011 at 7:47am

    20 Reasons America is “…rolling downhill like a snowball headed for Hell.”
    #6 We stopped killing people that need killing.
    Case in Point:
    “Minnesota’s rarely used aiding suicide law carries a maximum penalty of 15 years in prison and a $30,000 fine. ”
    -Linedog

    Report Post »  
  • Ironmaan
    Posted on March 16, 2011 at 7:42am

    Not something a healthcare provider should be doing. Mentally unstable people should be protected not encouraged to kill themselves.
    http://guerillatics.com

    Report Post »  
    • Taquoshi
      Posted on March 16, 2011 at 1:06pm

      Although I agree with you, it is important to realize that those who have decided to commit suicide will find a way. Sometimes, they don’t succeed the first time and then manage to pull themselves together and get on with life. Other times, they don’t. Preying on the vulnerable and encouraging them by entering into suicide pacts is wrong. But, sadly, it won’t stop people from doing it.

      Report Post » Taquoshi  
  • Gonzo
    Posted on March 16, 2011 at 7:42am

    Will William Melchert-Dinkel consider suicide in jail? I doubt he has the courage of his own convictions.

    Report Post » Gonzo  
    • grandmaof5
      Posted on March 16, 2011 at 8:04am

      So NOW there is a judge concerned about what effect free speech has. I contend we ought to send some of these union thugs, threatening email senders, etc. to this judge – he gets it!

      Report Post »  
    • tobywil2
      Posted on March 16, 2011 at 8:08am

      Does this ruling include the “end of life counseling” from Obamacare doctors? http://commonsense21c.com/

      Report Post » tobywil2  
    • sissykatz
      Posted on March 16, 2011 at 8:19am

      Grandmaof5

      Good Morning, litter mate!!! lol I completely agree let’s send them to this Judge.

      Report Post »  
    • Cemoto78
      Posted on March 16, 2011 at 8:22am

      If Melchert-Dinkel has access to the internet hopefully he has this web address: http://www.whitehouse.gov

      Report Post » Cemoto78  
    • cessna152
      Posted on March 16, 2011 at 8:27am

      I guess I should not of told my mother in law to “jump off a cliff”! Bad.. bad… me!

      Report Post » cessna152  
    • grandmaof5
      Posted on March 16, 2011 at 8:47am

      Morning to you too, SISSYKATZ, hope all is well with you and kitties. Great day to be in FL, hope it’s nice where you are.

      Report Post »  
    • DTOM_Jericho
      Posted on March 16, 2011 at 8:55am

      So you actually have the right to kill a fetus because a woman has a right to her own body but you can’t decide for yourself that you have had enough?

      Report Post » DTOM_Jericho (Creator vindicator)  
    • Dustyluv
      Posted on March 16, 2011 at 9:28am

      This should also extend to abortion counselling then?
      Planned Parenthood…STFU or PRISON?? I’m all for that!!!

      Report Post »  
    • ishka4me
      Posted on March 16, 2011 at 11:12am

      nurse looks like same kid that body slammed the bully.

      Report Post »  

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