Judge Louise Bjorkman is the lone voice of sanity after a depraved incest perpetrator got probation for growing his own victim.
Nathan Clinton Keller was convicted in a Minnesota court of first degree criminal sexual conduct, the state’s most severe rape and sexual assault crime. That would normally guarantee a prison sentence, but in the Land of Lakes, a bizarre loophole lets child rapists walk free if their victim is their own child, and the court thinks special treatment is in the best interest of the victim or the “family unit.” The perpetrator must also be amenable to treatment.
Keller got probation, and prosecutors appealed the case. In March, an appeals panel upheld the sweetheart sentence.
And what about the victim? Minnesota's incest loophole law specifically says that giving a child rapist probation instead of prison is not an option unless it is first determined that "a stay is in the best interest of the complainant or the family unit."
In the case of Keller, prosecutors said they could not locate the victim to give an impact statement.
The appeals court panel majority said they upheld the sentence of probation on the advice of his therapist:
"The court’s decision is supported by the psychological and psychosexual evaluation performed by Dr. Peter Marston, who concluded that respondent had a low risk of recidivism, was amenable to treatment, and had no major mental illness or personality disorder that would impair treatment. This provides a basis for the court’s decision, which is therefore not an abuse of discretion."
Sound credible? Not in Judge Bjorkman's eyes. Here's her psychological evaluation, issued in her written dissent:
"Criminal sexual conduct in the first degree is a crime of violence. And the facts of this case are egregious, exceeding the elements necessary to sustain a conviction. Respondent sexually abused his preteen daughter on multiple occasions over a two-year period of time. The abuse started with fondling, moved on to digital penetration, and progressed to at least six instances of sexual intercourse. Respondent acknowledged involving the family dog on one occasion. The abuse ended when the victim told her mother about it in 2002. The victim reported the abuse to authorities for the first time in 2007."
The National Association to Protect Children is a national, pro-child, anti-crime membership association. We are founded on the belief that our first and most sacred obligation as parents, citizens, and members of the human species is the protection of children from harm.
PROTECT is a bipartisan pro-child, anti-crime lobby whose sole focus is making the protection of children a top political and policy priority at the national, state and local level.
