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JUDICIAL APPEAL PANEL Judicial Appeal Panel No. AP109015 County File No. P5-92-1707
Lucinda Jesson, Commissioner of Human Services, Appellant, And Blue Earth County, Appellant, vs. John H. Rydberg, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT
The above-entitled matter came before the undersigned Judges of the Judicial Appeal Panel on March 4, March 11, June 10, September 2, November 4, December 16, 2011, and January 6, 2012, at the Ramsey County Courthouse in St. Paul, Minnesota. Noah A. Cashman, represented
Assistant Attorney .General and Deputy Attorney General Nathan Brennaman Appellant Commissioner of Human Services Lucinda Jesson.
Mark Lindahl, Assistant Blue
Earth County Attorney, represented Appellant Blue Earth County. Brian Southwell represented Respondent John H. Rydberg (Rydberg), who was present at all times. Based upon all of the files, records, and proceedings following: herein, the Court makes the
PROCEDURAL HISTORY 1. On January 11, 1993, the Blue Earth County District Court initially committed
John Rydberg (Rydberg) as a psychopathic personality pursuant to Minnesota Statute 526.09 (1992). Exs. 4-001 - 4-009. 2. The Blue Earth County District Court indeterminately committed Rydberg on
March 25, 1993, to the Minnesota Security Hospital (MSH). Rydberg has received treatment for civilly committed
Exs. 4-010-4-018. Since 1994,
sex offenders in what is now the
Minnesota Sex Offender Program (MSOP). Exs. 1-001,4-010 - 4-018. 3. In 1994, Rydberg petitioned for discharge from MSOP. Ex. 1-001. On June 13,
1994, the Department of Human Services (DHS), Special Review Board (SRB) recommended denying Rydberg's first petition for discharge from the MSOP. the Commissioner of Human Services (Commissioner) 1-002. Ex. 1-001. On June 16, 1994,
concurred with the SRB and denied
Rydberg's petition for discharge. 4.
On June 21, 1994, Rydberg requested rehearing and reconsideration of the denial Ex. 1-003. On Exs. 1-055 - 1-
of his petition for discharge from the Supreme Court Appeal Panel (SCAP). March 7, 1996, the SCAP denied the request for rehearing and reconsideration. 056. 5. Rydberg appealed the SCAP's denial, and the Minnesota
Court of Appeals
affirmed the denial of Rydberg's request for discharge. Rydberg v. Gomez, No. C4-96-88) 1996 WL 509860 (Minn. Ct. App. Sept. 10, 1996), rev. denied (Minn. Nov. 20, 1996). 6. From the time he entered MSOP in 1993, and during the pendency of his legal
petition for discharge, Rydberg refused to participate in the treatment program available at
MSOP. 7. 8. In April 1998, Rydberg began to participate in treatment. Ex. 1-246. On July 22, 2002, Rydberg completed the four phases of in-patient active
treatment and returned to the MSOP facility at St. Peter, Minnesota from the MSOP facility at Moose Lake, Minnesota. He then began the transition stage of treatment. Id. 9. On August 6, 2003, the SRB convened on a notice of intent by the Director of Ex. 1-245. Blue Earth County, the Blue Earth
MSOP to grant Rydberg pass-eligible status.
County Sheriff, and one of Rydberg's victims objected to Rydberg's pass-eligible status. Id. The SRB recommended approving Rydberg's pass-eligible status. Ex. 1-251. The
Commissioner rejected the SRB's recommendation and denied MSOP's request for pass-eligible status on September 9, 2003. 10. Ex. 1-252.
Rydberg requested rehearing and reconsideration from the SCAP. Ex. 1-271. On Id. The
March 26,2004, the SCAP heard Rydberg's request for rehearing and reconsideration.
Commissioner, Blue Earth County, and the victim did not present any expert evidence to the SCAP. Ex. 1-276. On April 9, 2004, the SCAP granted Rydberg's request, and approved his pass-eligible community. 11. However, the hospital staff has never allowed him to go into the community status. Ex. 1-279. This approval authorized unsupervised passes into the
without supervision, which legally they were authorized to do. The court can only assume that his treatment team and/or the hospital director feared that he would not be successful in the community. Even throughout the pendency of this proceeding, the hospital staff still failed to
use its authority to let him go into the community unaccompanied. 12. The Commissioner appealed the decision of the SCAP to the Minnesota Court of
The Minnesota Court of Appeals upheld the decision of the SCAP.
Goodno, 689 N.W.2d 310 (Minn. Ct. App. 2004). 13. On July 25, 2007, the SRB considered a petition by Rydberg for transfer to the Ex. 1-390. Rydberg's
Community Preparation Services Unit (CPS) of MSOP in St. Peter.
treatment team at MSOP supported the transfer to CPS. Ex. 1-393. On August 28, 2007, the Commissioner continued Rydberg's hearing based on his request for additional information.
Ex. 1-389. On November 30, 2007, the SRB recommended approval of Rydberg's transfer to CPS. Ex. 1-401. The Commissioner did not object to the request, and on January 23, 2008, Rydberg transferred to CPS on the St. Peter campus. Id. 14. On April 28, 2010, the SRB heard Rydberg's petition for provisional discharge Ex. 1-396. On May 2, 2010, the SRB recommended
and full discharge from civil commitment.
that Rydberg's petition for provisional discharge be granted, and his request for full discharge be denied. Ex. 1-410. The SRB grant of provisional discharge was conditioned on Rydberg being placed in a halfway house appropriately licensed with a history of housing and supervising sex offenders; and that the term of the placement was not limited to six months but such period of time as was necessary to ensure Rydberg's adjustment to open society. identified in Rydberg's provisional discharge plan to the SRB. Ex. 1-410. 15. The Commissioner of Human Services filed a request for rehearing and There was no location
reconsideration of the SRB decision with the SCAP. 16. On February 28,2011, the State, acting through DRS and MSOP, contracted with
Community Re-entry Services for "short-term community based housing for civilly committed sex offenders ... who are provisionally discharged from the State to live in the community." Ex. 8-001.
On March 1, 2011, Rydberg completed an amended Provisional Discharge Plan, The amended plan also incorporated Global Positioning System (GPS)
which added the halfway house provider and address. MSOP Supervised Reintegration Agreement, MSOP
Responsibility Agreement, MSOP Extradition Waiver, and MSOP Consent to Search agreement. Exs. 1-414, 7-001 - 7-002. 18. On March 1, 2011, the SRB reconvened for the limited purpose of considering provisional discharge plan, which were not available at the
these amendments to Rydberg's
initial SRB hearing on April 28, 2010. Exs. 1-412 - 1-419. 19. The SRB specifically found that the amendments to Rydberg's provisional
discharge plan along with all other terms and conditions of his provisional discharge plan will allow Rydberg to make an acceptable adjustment to open society. The SRB further found that his course of treatment and present mental status indicate there is no longer a need for treatment and supervision in CPS and that the terms and conditions of the amended provisional discharge plan provide a reasonable degree of protection to the public. Ex. 1, pps. 1-415-419 FINDINGS OF FACT 20. 21. Rydberg was born On February 8, 1942. Rydberg's first reported sexual offense occurred in 1967 in Wisconsin. He was
charged with disorderly conduct based on indecent exposure. Ex. 4-001. The State of Wisconsin sentenced Rydberg to one year probation. Ex. 4-002. 22. In 1969, Wisconsin convicted Rydberg of attempted rape in Trempeleau,
Wisconsin where Rydberg worked for the Chicago Northwestern
sexually assaulted a woman on the road at night, forced her to disrobe, but was unable to complete the rape. Id. The State of Wisconsin sentenced Rydberg to a two-year indeterminate
sentence and two years' parole. Id. Wisconsin released Rydberg on parole on March 3, 1971, and discharged him early in June, 1973. Id. 23. In April 1975, in Springville, Adams County, Wisconsin, Rydberg sexually
assaulted a woman, and pled guilty to the crime. Id. 24. On March 30, 1976, Rydberg was convicted in Wisconsin of several sexual
assaults. Id. In a Dane County assault, Rydberg violently sexually assaulted the victim with a gun, forced her to perform oral sex on him, and ejaculated in her mouth. Exs. 4-002 - 4-003.
The victims' two children, ages 10 and 9, arrived home and were confronted by Rydberg, who locked them in a closet. Ex. 4-003. 25. In Marquette County, Wisconsin, he assaulted Mr. and Mrs. TM, as described in
detail in the original findings and the testimony ofTM detailed below. Ex. 4-003 - 4-05. 26. Following his conviction for these crimes, the State of Wisconsin found Rydberg
in need of specialized treatment and committed him to the Mendota Mental Health Institute (MMHI) in June, 1976. Ex. 4-005. 27. A March 31, 1976, MMHI Admission History, indicates that Rydberg's offenses
in 1975 occurred because he carefully "cased" his victims, surveyed the houses, and investigated details about the victims' life and habits. Ex. 9-001. The history indicates that Rydberg would present himself at the door with a false name, ask if the victim had a husband, break in, and sexually assault the victim with a weapon. Id. The court finds this information persuasive and credible. Rydberg's offense history is predatory and not opportunistic as he now claims. 28. The MMHI Admission History indicates that Rydberg reported he has a hard time
reaching a climax and needs "all the fantasy he can get" before he is able to have sex or ejaculate. Id. The court finds this information credible and persuasive. Rydberg's 2009
treatment notes indicate he was having a healthy sexual fantasy and only ejaculated after fantasizing about a victim's anus, which supports that he is still unable to control his deviant sexual arousal. Id. Ex. 2-1044. 29. On March 22, 1977, Rydberg escaped from MMHI. He returned a week later
stating he was alarmed about sexual fantasies that were similar to his previous violent sexual crimes. Id. 30. A May 4, 1976, MMHI evaluation indicates that Rydberg reported he had built
his relationship with his second ex-wife Sue, and it was the first time he could really relate to someone. Ex. 9-005. The evaluation noted that Rydberg had few in-depth relationships and Id. Rydberg told the evaluator
denied ever wanting to hurt anyone during his sexual assaults.
that the crimes were committed by the "person" he was before he met his present wife. Id. Rydberg's statements in this 1976 evaluation echo Rydberg's current denial of his diagnosis of Sexual Sadism by claiming he engaged in sadistic behavior but he is not a Sexual Sadist. Id. 31. Wisconsin again confined Rydberg to MMHI after his first escape, but on Id. The court finds
August 9, 1979, Rydberg again escaped and fled to Mankato, Minnesota.
that these escapes strongly support a denial of provisional discharge. These escapes also discredit Dr. Reitman's opinion that Rydberg had never chosen to escape. 32. On August 11, 1979, two days after his second escape from MMHI, Rydberg
entered the home of a female adult and violently sexually assaulted her in front of her children. Id. He used a weapon. Id. Minnesota convicted Rydberg of Criminal Sexual Conduct in the
Second Degree and Aggravated Robbery, and sentenced him to 30 years concurrent with his remaining Wisconsin term of imprisonment. Ex. 4-006.
The Blue Earth
psychopathic personality on January 11, 1993. He was placed in what is now known as MSOP. 34. Wisconsin extradited Rydberg from Minnesota, and sentenced him to two years
for Escape. Id. Wisconsin paroled Rydberg to Minnesota in 1988. He was scheduled to be released from the Minnesota Correctional Facility-Stillwater in December 1992. Rydberg's
release date was extended after a shank was discovered in his cell. Id. 35. On April 11,2005, Dr. Kelly Wilson of State Operated Forensic Services (SOFS)
completed a Risk Appraisal of Rydberg. Exs. 2-042 - 2-051. Dr. Wilson scored Rydberg on the PCL-R and the SVR-20. Ex. 2-045. Dr. Wilson reported that Rydberg's history and Ex. 2-
presentation were consistent with the high range of psychopathic personality disorder.
045. Dr. Wilson noted a number of factors contributing to his risk, including sexual deviation exhibited by 27 rapes and 11 intended rapes and relationship problems exhibited by two failed "tumultuous marriages." Ex. 2-048. Dr. Wilson reported that Rydberg stated he had at least one forced sexual encounter with his first wife. Id. Dr. Wilson also noted as a major risk factor Rydberg's "negative attitude towards intervention." Ex. 2-049. 36. Despite noting strides in treatment, Dr. Wilson reported that Rydberg had Ex. 2-050. This
"surprisingly little insight regarding his history of humiliating his victims."
finding is consistent with his continued denial of his Sexual Sadism diagnosis. Rydberg continues to deny intentionally humiliating or causing pain to his victims.
T. 62-63. Id. The
court finds that Rydberg's refusal to accept his diagnosis, and his parsing of the description of his sexual disorder by stating he engaged in sadistic behavior but not Sexual Sadism is consistent with Dr. Wilson's observation that Rydberg has little insight.
On May 1,2005, Rydberg's ankle bracelet set off the alarm. Ex. 2-363. Rydberg
became angry and said "whatever! I'm just going to take the fucker off pretty soon." 38. On January 5, 2006, Barry Woodgate completed a maintenance polygraph report
regarding Rydberg. Exs. 2-114 - 2-115. The report indicated no deception. Id. 39. On July 21,2006, Rydberg became angry and stated he would not go on any other
patient outings because MSOP staff asked him to submit to a "pat search" before leaving the buildings. Ex. 2-387. 40. On March 20, 2007, MSOP staff told Rydberg that he had to be escorted off the Ex. 2-424. Rydberg stated he would not go, and
unit because his monitor was not functioning.
claimed the "system" kept taking things away from him. Ex. 2-425. 41. On April 4, 2007, Rydberg became verbally agitated about an extra window check going on, why are we locked Rydberg cut himself off and
conducted by staff, and in a demanding voice stated, "What's down, this is bull, why should we be in our room." returned to his room. Id. 42. Ex. 2-436.
On April 30, 2007, State Operated Forensic Services (SOFS) completed a Sexual
Violence Risk Appraisal regarding Rydberg for the purposes of his upcoming SRB request for transfer. Exs. 2-052 - 2-060. Dr. Gregory Hanson completed the report on behalf of SOFS. Id. Dr. Hanson scored Rydberg on the PCL-R as a +20-26, which is in the moderate high-range. Ex. 2-054. Dr. Hanson noted that he reached this score by averaging Rydberg's two previous scores on the PCL-R. Id. Dr. Hanson noted that Dr. Kelly Wilson scored Rydberg as a +26.3 in April 2005, and Dr. Anita Schlank scored Rydberg as a + 14 in May 2003. Id. Dr. Hanson noted this dichotomy, and that Rydberg's psychopathy "positive response to treatment has tended to mute traits of
that were quite significant when he was a young man and perpetrating his
horrendous sexual offenses."
Id. (emphasis added.)
Dr. Hanson scored Rydberg on the Sex
Offender Risk Appraisal Guide (SORAG) in the 7th of 9 categories of ascending risk, placing Rydberg in a category of moderately high likelihood for sexual reoffense. Id. The court finds
that Dr. Hanson's score, and Dr. Schlank's earlier score of Rydberg on the PCL-R clearly are not credible or reliable based on Dr. Hoberman's description of the PCL-R scoring manual and other research that indicates a person cannot reduce his PCL-R score by participation in treatment. 43. Paraphilia Dr. Hanson concluded that Rydberg continues to have a diagnosis of Axis I Not Otherwise Specified (NOS) (Sexual Sadism); Exhibitionism; Obsessive-
Compulsive Disorder; Alcohol Dependence (In Remission in a Controlled Environment); and Axis II - Antisocial Personality Disorder. Ex. 2-059. 44. Dr. Hanson opined that the key risk factors for Rydberg are substance abuse, his
history of anger and interpersonal isolation (leading to hostility and sexual acting out), and his deviant (sadistic) sexual arousal pattern. Ex. 2-059. Dr. Hanson opined that these factors were well-managed in that treatment setting. Id. 45. On May 7, 2007, MSOP completed a Special Review Board Evaluation for the
purposes of Rydberg's SRB hearing for transfer to CPS. 46. The evaluation diagnosed Rydberg with Axis I - Sexual Sadism; Exhibitionism
(by History); Obsessive Compulsive Disorder; Depressive Disorder NOS; Alcohol Dependence, in a Controlled Environment; Avoidant Features. and Axis II - Personality Disorder, NOS, with Antisocial and The evaluation noted that Rydberg's sex offenses "involve
sadistic acts such as binding his victims and placing pillowcases over their faces." Id. Rydberg also reported engaging in Exhibitionism but only as a progression to other sexual offenses. Id.
The court finds this record credible and persuasive evidence that Rydberg has long been diagnosed with Sexual Sadism. 47. The evaluation concluded that it was the opinion of the treatment team he was
demonstrating compliance with treatment and security obligations in a secure setting. Id. 48. On July 6, 2007, Rydberg told the staff that even if he were granted transfer to
CPS, he would refuse to go unless they changed the way the CPS unit was run. Ex. 2-441. The court finds this record credible and persuasive evidence of Rydberg's entitlement, poor anger management, and manipulation of the program through passive-aggressive behavior. 49. On October 10, 2007, MSOP completed an amendment to his SRB Evaluation. The amended evaluation noted that Rydberg's computer had been
Exs. 2-025 - 2-027.
confiscated due to Rydberg possessing contraband software. Id. The evaluation noted Rydberg continued to be supported for transfer to CPS. Ex. 2-027. 50. 51. On January 23,2008, CPS admitted Rydberg to the unit. Ex. 2-493. On January 25,2008, MSOP completed a discharge summary regarding Rydberg.
Exs. 2-007 - 2-014. The summary indicated a discharge diagnosis of Axis I - Sexual Sadism; Exhibitionism; Obsessive-Compulsive Disorder; Depressive Disorder NOS; Alcohol
Dependence, in a Controlled Environment; and Axis II - Personality Disorder NOS. Ex. 2-007. 52. The January 25, 2008, summary reported that Rydberg still had difficulty and Ex. 2-013. The court finds that
needed to put effort into challenging his cognitive distortions.
Rydberg's cognitive distortions continue to this day, and are highlighted by Rydberg's statement to the full-disclosure polygraph examiner that he did not realize that an attempted rape victim is not a "victim" because he did not have "sexual contact" with them.
On February 25, 2008, Rydberg complained during a meeting with staff that he
believed his rights were being violated because of monitoring on usage of the telephone system on the unit, and he was unhappy with the hourly rounds. Ex. 2-505. The court finds this, in chronic and
context with all of his records, credible and persuasive evidence of Rydberg's persistent problem of negative emotions, manipulation, ongoing sense of entitlement. 54. passive-aggressive
behavior and an
On March 3, 2008, an Office of Special Investigations Agent (OSI), completed a Ex. 2-510. The OSI
progress note regarding Rydberg's behavior over the previous weekend.
agent noted that Rydberg forgot his MTD on his unit when leaving for an unaccompanied campus activity. Ex. 2-510. Rydberg discussed the notification with OSI, and then requested to purchase items from Wal-Mart through another patient, which was denied. Id. The OSI agent noted that Rydberg was "much more aggravated, showing signs of an elevated level this agent had not seen in the past. The patient was raising his voice, turning red, swearing, and acting in what this agent would equate to being hostile." Id. Rydberg told the agent that when he initially left for unaccompanied privileges, he had the MTD unit, but then realized he had to be back on the unit at 2:00 p.m., so he returned. Id. When he returned, he became frustrated that other
patients were outside, and when he left again he realized he forgot his MTD unit. Ex. 2-511. Rydberg stated he had a polygraph approximately two years before for the same issue of "forgetfulness." 55. Ex. 2-511. The OSI agent noted this was the second time Rydberg forgot his MTD. Ex. 2-
512. The record indicates Rydberg reported this happens "50 % of the times he has left the unit." Id. The agent reported Rydberg does not hold himself accountable as he did the first time this happened. Id.
On April 8, 2008, MSOP moved Rydberg from MSH-CPS to MSOP-CPS at
Halverson House on the St. Peter campus. Ex. 2-811. This CPS is within the MSOP program. Ex. 2-1028. 57. On May 1, 2008, Rydberg complained to staff that he felt there is a personality
conflict between him and staff and he was frustrated. Ex. 2-549. MSOP staff told Rydberg that continuing to complain about guidelines made it appear that he was not handling them well. Id. The note indicates that Rydberg was participating in Project Pathfinder (Pathfinder) sessions, bowling, going on general group outings, and visiting a local park. Id. Rydberg reported he
does not participate in movie night but stays at horne and relaxes Id. The court finds his chronic complaints display attempts to manipulate the program and a sense of entitlement. 58. On July 7, 2008, Rydberg again forgot his MTD unit for his GPS in his room.
Ex. 2-574. OSI noted that Rydberg had two previous violations regarding his GPS. Ex. 2-574. Rydberg claimed that his schedule was thrown off and he simply forgot the box. Id. pattern concerns the court as his provisional discharge plan indicates a GPS. 59. On December 28, 2009, Rydberg had trouble with his GPS and had to return to This
campus. When the agent, Erin Hansen, advised Rydberg they had to return to the unit, Rydberg was inappropriate and manipulative with staff. This behavior was viewed as Rydberg's attempt to split staff and exemplified his sense of entitlement. 60. On January 20, 2009, agent Erin Hansen completed another incident report
regarding Rydberg. Ex. 3-096. On that date she had spoken with Rydberg in his room regarding his purchase of lottery tickets and his behavior. Id. Rydberg immediately became "hostile,"
turned red, and rose to a sitting position on the bed. Id. According to agent Hansen, his entire affect changed, and Rydberg "demanded" to know when he would get back his privilege to
purchase lottery tickets. Id. When Hansen started to talk about the loss of Rydberg's privileges, Rydberg began to escalate his voice, was visibly angry, and "started to swear routinely." Id.
Rydberg went into a "tantrum" and repeatedly stated "I don't give a fuck anymore" and "all you want to do is take every fucking thing that I have." Id. The agent left after Rydberg refused to calm down. Id. 61. After agent Hansen informed the OSI director of the incident, she stated that "if
this was a probation or parole case that this agent was supervising, this agent would have undoubtedly issued an Apprehension and Detention Order for Mr. Rydberg, and placed him [sic] the custody of the county jail." Id. Agent Hansen reported she would have filed a violation and the violation would have been "failure to cooperate with my agent in all matters." Id. The court finds this record credible and persuasive evidence of Rydberg's manipulation of the program, and poor emotion management. 62. On January 20, 2009, agents completed another incident report regarding a anger, sense of entitlement,
telephone call Rydberg placed to one of the agents trying to apologize for his behavior.
098. When the agent spoke to Rydberg in person, Rydberg stated he apologized but "something in you triggers me." Ex. 3-098. 63. On May 28, 2009, Rydberg's primary therapist completed a progress report
regarding Rydberg's reaction to testing.
Ex. 2-1030. Rydberg told his primary therapist Scott
Schaffer, M.S., that he viewed the testing as a means to hold him down. 64. On August 13, 2009, Rydberg's primary therapist reported that Rydberg had
begun reporting sexual thoughts in his dreams and the persons did not have faces. Ex. 2-1037. 65. On August 21, 2009, an individual progress note reported that Rydberg felt Ex. 2-1038. In an
"disrespected" when staff simply asked him to complete an outing sheet.
August 27, 2009, progress note Rydberg continued this thought by stating that he felt some members were "super cops." 66. On October 1,2009, an individual progress note indicates Rydberg complained he
felt like he was in prison, and he had less freedom than he had five years before. Ex. 2-1042. 67. On October 31, 2009, an individual progress note indicates that Rydberg
discussed an "inappropriate fantasy." Ex. 2-1044. Rydberg stated he was masturbating when the fantasy started and when it started he ejaculated. Id This is persuasive evidence of poor
emotion management and continuing deviant sexual arousal. 68. On March 22, 2010, Angela van der Walt, Psy.D., L.P., completed a Sexual Exs. 2-061 - 2-069.
Violence Risk Assessment that Dr. Elizabeth Barbo, Ph.D, L.P., reviewed.
The assessment diagnosed Rydberg with Axis I - Sexual Sadism; Exhibitionism by History; Obsessive Compulsive Disorder; Depressive Disorder NOS; Alcohol Dependence in a
Controlled Environment; and Axis II - Personality Disorder NOS, In a Controlled Environment. Ex. 2-062. 69. The assessor reviewed Rydberg's most recent Individual Treatment Plan (ITP).
Ex. 2-063. The assessment noted that Rydberg's primary area of concern identified by his team was his "anger outbursts" which occur "once in a while." Id 70. The assessment noted that Rydberg participated in a maintenance polygraph on Id The questions on the polygraph
July 2, 2009, the results of which were non-deceptive.
related solely to sexual contact with others, possession of contraband, and escape plans. Id 71. The assessment scored Rydberg on a number of risk assessment instruments, Exs. 2-064 - 2-065.
including the Static-99, the PCL-R, the Stable-2007, and the Acute-2007.
On the Static-99, an actuarial risk assessment instrument, Rydberg scored a +9, placing him in
the high-risk category.
On the PCL-R, a psychological
instrument used in measuring
psychopathy, the assessment noted that Dr. Anita Schlank scored Rydberg a +14 in 2003, Dr. Wilson had scored a +26.3 in 2005, and Dr. Hanson had scored a +20 in 2007 based on the average of the two previous scores. Id. Dr. van der Walt scored Rydberg a +15 on the PCL-R, indicating a low degree of psychopathy. Id. The assessement noted that Rydberg scored a +4 on or low end of the
the Stable-2007, placing him in the moderate level of case prioritization, moderate risk category.
Id. Combined with Rydberg's score on the Static-99, the assessment
opined Rydberg is in the high-risk category. 72. The assessment noted that Rydberg had completed treatment and was
demonstrating change. Ex. 2-067. 73. The assessment concluded that Rydberg will always be in the high risk range for
supervrsion. Ex. 2-068. The assessment asserted that there was a reduction in risk because of his progression in treatment and management of dynamic risk factors. Id. It also listed Rydberg's low degree of psychopathy, which would assist him in the community. Id. 74. The court finds that Dr. van der Walt's evaluation is not persuasive with respect First, Dr. van der Walt's score on the PCL-R is clearly in error given the
to several opinions.
testimony of Dr. Hoberman regarding the PCL-R, and the testimony of Dr. Reitman who agreed the PCL-R could not be used to measure progress in treatment. the Stable-2007 regarding this population inappropriate The court also finds the use of sample for the
as the normative
instrument is community based sex offenders, not civilly committed sex offenders. 75. 041. In April of 2010, MSOP completed an SRB Evaluation report. Exs. 2-029 - 2-
Scott Schaffer, M.A., Rydberg's primary therapist at the time, completed the report, which The evaluation
was countersigned by the clinical supervisor Jerry Fjerkenstad, M.A., L.P. Id.
noted that Rydberg continued to progress in treatment, and participated in weekly therapy groups at Project Pathfinder, and individual therapy sessions with his primary therapist Warren Maas, L.P. Ex. 2-033. 76. The evaluation noted that Rydberg's "negativity and skepticism are part of his Id. The evaluation noted that Rydberg had a difficult time
overall offending pattern .... "
breaking the habit of focusing on rules and blaming the program. Ex. 2-034. 77. The evaluation noted psychological testing completed by Rydberg in April 2009, assessment completed by Jerry Fjerkenstad, M.A., L.P. Id.
reported in a psychological
Fjerkenstad wrote that "[u]nder the right conditions, this individual's can ignite and explode outwards." Id. 78.
wounds and resentments
The evaluation recommended focus for transitional treatment including a more in-
depth exploration of Rydberg's family of origin dynamics. Id. The evaluation recommended an additional focus on "what needs this individual is getting met in his offending behavior, what wounds that stems from (sic), and how he is going to manage that ongoing reactive potential." Id. 79. The evaluation reported that Rydberg underwent a penile plethysmograph (PPG)
exam on April 5, 2010, at MSOP-ML. Ex. Ex. 2-036. Scott Schaffer, M.S., L.P.C., wrote of the PPG results: This exam indicated a flat-line response to the presentation of deviant-themed sexual materials. Throughout Mr. Rydberg's participation in MSOP, the emphasis has been on noticing and then subsequently suppressing or repressing deviant arousal. In that context, Mr. Rydberg's response to the PPG would appear to be satisfactory and representative of successful management of his deviant arousal templates, per prevailing MSOP philosophy of treatment. Exs. 2-036 3-037. The court finds that MSOP and Dr. Reitman's reliance on this conclusion is not credible or persuasive. The court finds that the SRB' s reiteration of Schaffer's statement is not accurate
The court makes this finding on the basis that Dr. Barbo in her PPG interpretive
report and testimony stated this conclusion cannot be drawn from Rydberg's flat-line response. The court makes this finding based on Schaffer's testimony that he incorrectly drew the wrong conclusion and his statement to the SRB regarding Rydberg's PPG is incorrect. The court makes this finding based on Dr. Hoberman's testimony that based on his training and experience this is an incorrect statement and is not supported by the guidelines for the interpretation of PPG results. 80. On April 2, 2010, Schaffer interviewed Rydberg for purposes of the evaluation.
Ex. 2-037. Rydberg stated, "I want to feel in control of my day and having several people in my life is a high risk for me." Id. Rydberg stated that he did not believe he would reoffend but
stated he was concerned about the amount of structure that would be placed on him. 81. The evaluation diagnosed Rydberg as Axis I - Sexual Sadism; Exhibitionism (by Disorder; Depressive Disorder NOS; Alcohol dependence, In a
Controlled Environment; and Axis II - Personality Disorder NOS, with Antisocial and Avoidant Features. Ex. 2-038. The court finds this record credible and persuasive evidence with respect
to Rydberg's diagnoses. 82. The evaluation concluded that Rydberg still displayed a negative outlook by Ex. 2-039. The evaluation concluded that Rydberg acknowledged
making sarcastic comments.
"anger, powerlessness, stuffing feelings, and the desire for immediate gratification as major high risk factors." Id. 83. On April 9, 2010, Dr. Barbo completed an Assessment of Sexual Arousal and/or
Sexual Interest Report, commonly referred to as a PPG. Exs. 2-130 - 2-132. Dr. Barbo reported that Rydberg stated he had difficulty achieving and maintaining an erection, and attributed these
to his age and medications.
Ex. 2-131. Rydberg reported he had victimized 94 people, which he Id. Rydberg denied attempting to suppress his sexual
described as crimes of "opportunity."
arousal but reported zero sexual arousal to any of the material. Id. Rydberg stated he achieved orgasm approximately four times per year. Id. The court finds this portion of the PPG credible and persuasive with respect to Rydberg's statement that he viewed his sexual assaults as crimes of "opportunity." were planned "opportunistic" This reflects Rydberg's chronic and persistent denial that many of his crimes and predatory. The court finds that Rydberg's view of his crimes as
is a significant cognitive distortion.
The court further finds credible and
persuasive Rydberg's self report that he was not suppressing his deviant sexual arousal. 84. Dr. Barbo concluded that while there is not conclusive evidence to show deviant
sexual arousal toward children or violent coercive themes, the lack of response to non-deviant stimuli does not allow for a definitive finding in any direction." Ex. 2-132.
Dr. Barbo indicated that these findings should be explored with his treatment team "to identify any external factors that that may have made him" not experience arousal during the assessment. The court finds that the entire record reflects that the program did not explore why Rydberg flatlined on the PPG and did not try "to identify any external factors" that made him flat-line as recommended by Dr. Barbo. 85. In a June 30, 2010, progress note Rydberg stated he was upset with staff when
they questioned him about a tool he had altered for his bike. Ex. 2-1065. Rydberg reported that he had been set up with the shank in prison and had to go to segregation. Id. Rydberg admitted
that he overreacted to staff when questioned about altering the tool for his use on his bicycle. Id. Rydberg admitted that his overall reaction to staff regarding questions about his altered tool was "inappropriate." Ex. 2-1065.
On August 3, 2010, David Knefelkampf completed a report on a maintenance Ex. 2-120. The
polygraph regarding a pair of altered tweezers found in Rydberg's possession. maintenance polygraph indicated no deception. Id. 87.
On October 22, 2010, Rydberg completed a second sex offending disclosure On the questionnaire Rydberg
questionnaire regarding his upcoming full-disclosure polygraph.
indicated his most exciting fantasy before his last conviction involved sexually assaulting a family consisting of a man, a woman, and two daughters. Ex. 2-1731. Rydberg estimated that
he masturbated to thoughts or fantasies of torturing someone on approximately 150 occassions. Id. 88. On March 2, 2011, Jerry Fjerkenstad, M.A., L.P., filed a report of additional Exs.2-
psychological testing completed on Rydberg on February 11,2011, and March 1,2011.
1793 - 2-1803. The tests were all valid. Ex. 2-1794 - 2-1796. On the MSI-III testing indicates advancement towards taking accountability for, and management of, the significant pathologies that drove Rydberg's sexual crimes. Ex. 2-1794. The test revealed that the Sadistic elevation on the test is the second highest and "indicative of individuals whom desire to project their internal rage and hurt on others." Id. The testing results, according to Fjerkenstad, indicate that Rydberg had "moved toward greater acceptance, accountability, and responsibility for who he is at his worst." Ex. 2-1795. 89. Fjerkenstad diagnosed Rydberg with Axis I - Sexual Sadism; Depressive
Disorder, NOS; Exhibitionism by History; Alcohol Dependence, In a Controlled Environment; and Axis II - Personality Disorder, NOS with Antisocial and Sadistic Features. Ex. 2-1795. The court finds this record credible and persuasive evidence with respect to Rydberg's diagnoses. It also is strong evidence Rydberg continues to show very poor insight into his sexual sadism.
On November 2, 2010, Robert Berg completed a polygraph examination report of Exs. 2-1656 - 2-1657. The recording of the polygraph
Rydberg's full disclosure polygraph.
indicates Rydberg's first polygraph questionnaire was rejected as completely lacking in detail. Ex. 13. The report indicates Rydberg made large additions to his sexual history disclosure Rydberg stated there
packet after failing to complete the packet on the first try. Ex. 2-1656. were numerous times he stalked or followed adult female victims. Id. 91.
Rydberg admitted that on about 10 occasions he attempted a rape and had grabbed
adult females by their clothing or their arms but had been scared off by their screams or other individuals in the area. Id. Rydberg claimed that since he had not had "sexual contact" with them, he had not considered them victims and did not include them in his disclosure packet. Id. Rydberg responded that he thought the individuals were scared by his attacks, acknowledged they probably were victims since he intended to sexually assault them, and should have included in his disclosure packet. Id. After his numerous additional disclosures, Rydberg showed no
deception on the polygraph. Ex. 2-1657. The court finds Rydberg's statement regarding females he attempted to rape but did not have sexual contact with as victims is a serious cognitive distortion and should have been included in his disclosure packet. 92. Scott Schaffer, M.A., completed an Annual Treatment Progress Report regarding Exs. 2-1661 - 2-1681. Anxiety
Rydberg in December of 2010, and signed it on February 2,2011. 93. The annual report diagnosed
Rydberg with Axis I - Generalized
Disorder; Depressive Disorder; Sexual Sadism; Exhibitionism (by History); Alcohol Dependence in a Controlled Environment; Sadistic Features. Ex. 2-1665. and Axis II - Personality Disorder NOS, with Antisocial and The report indicates Rydberg continued to attend CPS groups
and weekly group therapy, and bi-weekly individual sessions at Project Pathfinder in St. Paul,
Minnesota. Ex. 2-1667. The report indicates that Rydberg felt he handled his anger much better and did not feel the need to control situations. Ex. 2-1679. The report indicates the focus of his upcoming treatment plan would be Rydberg's community reintegration. 94. On March 2, 2011, Fjerkenstad, M.A., L.P., Ex. 2-1680. a Psychological
Assessment Update that he signed on March 1, 2011. Exs. 2-1791 - 2-1796. The purpose of the report was allegedly to identify any remaining significant patterns of psychopathology and to identify any other relevant clinical issues for consideration in transition planning. The assessment consisted of a clinical interview and psychological testing. Id. Ex. 2-1793. The only
psychological test administered appeared to be the MCMI-III. Id. The test is a self-administered inventory designed to assess personality and psychopathology in adults. Ex. 2-1794. 95. The assessment indicated that Rydberg showed "advancement" towards taking
accountability for and management of pathologies that drove his sexual crimes. Id. But the test also indicated Rydberg continued to lack trust and his antisocial tendencies were strong. Id. The assessment indicates that Rydberg will always have these tendencies but he is aware of these "things" and "apparently" works to control them. Id. Fjerkenstad gives no support for this
statement and in fact testified that these responses are not based on the approved testing protocol for the MCMI-III. The assessment continues that Rydberg is moderate on all the severe
personality pathologies scale, but claims without support that the individual is acknowledging his distortions and fears because of his openness. Ex. 2-1794. Again, there is no support for this statement. Id. The assessment makes the conclusory statement that the profile of Rydberg now resembles what one would expect to see from someone who actively engaged in treatment. Ex. 2-1795. The assessment states that Rydberg is moving towards Id. greater acceptance,
accountability, and responsibility for "who he is at his worst."
The court finds that the
psychological conclusions regarding Rydberg are not persuasive given the opinion and testimony of Dr. Hoberman, and the testimony of Fjerkenstad, that these conclusions are not part of the standardized interpretation results recognized by the test. 96. The assessment diagnoses Rydberg with Axis I - Sexual Sadism; Depressive
Disorder, NOS; Exhibitionism (by History); Alcohol Dependence, In a Controlled Environment; and Axis II - Personality Disorder NOS, with Antisocial and Sadistic Features. Ex. 2-1795. The assessment concludes that, based upon the assessment, Rydberg previously suppressed important elements of his own pathology but is now "more able to acknowledge those features and tolerate having others know them as well." Ex. 2-1796. 97. A March 15, 2011, Therapy Participation Progress Note indicates that Rydberg
expressed trouble with the idea discussed in court that he had "abruptly" decided to attend treatment. Ex. 2-1855. Rydberg stated that he got tired of being unhappy and miserable and did not want to carry anger and hatred towards the system, which is why he entered treatment. Id. Rydberg stated that he also had a peer in prison who pushed him towards treatment. Id. 98. A March 20, 2011, Individual Progress Note describes a meeting between Exs. 2-1849 - 2-1850. The note, however
Rydberg and treatment staff on March 1,2011.
describes how staff provided an initial review of the recent psychological testing, "simply on face value, no interpretation." Ex. 2-1849. The court finds this record problematic because it of Rydberg's
provides persuasive evidence that MSOP did not wait for the interpretation psychological testing, which may have affected its objectivity. 99.
A March 21, 2011, Individual Progress Note describes Rydberg's discussion of Ex. 2-1856. The note states Rydberg claimed he was trying to
his sexual assault tactics.
emotionally shock his victims, and had more than a desire to physically harm them. Id. Rydberg
states in the note that "he got enjoyment from that, found that arousing." Id. Rydberg states that he "has a strong interest in the breasts of strangers, but not those of people he knows, such as staff at work." This is additional evidence that Rydberg is sexually aroused by physically
harming his victims and humiliating them. 100. On April 25, 2011, MSOP completed Rydberg's Annual Treatment Progress Rydberg's diagnoses
Report which was signed on May 25, 2011.
Exs. 2-1827 - 2-1845.
remained Axis I - Sexual Sadism; Depressive Disorder, NOS; Exhibitionism
Alcohol Dependence, In a Controlled Environment; and Axis II - Personality Disorder NOS, with Antisocial and Sadistic Features. Exs.2-1829. MSOP saw Rydberg as continuing to make
steady progress on his treatment goals. Ex. 2-1843. The case formulation indicates that Rydberg attempted to make connections to people in the community but most importantly "effectively managed his anger .... " Id. 101. The report indicates that Rydberg was transparent about his arousal to females in
the community, and he denied a desire to masturbate to fantasies involving rape or violence. Id.
The report indicates he attended group at Project Pathfinder in St. Paul, Minnesota, traveled on the bus system, passed a written test for his driver's license, explored volunteering at a humane shelter, and rode the light rail system. Ex. 2-1844. He also continued to attend the Men's Center in St. Paul, AA and SAA groups in Mankato, Minnesota. Id. 102. On May 16, 2011, Rydberg signed his Quarterly Treatment Progress Report Exs. 2-1809 - 2-1826. The QTRP
(QTPR) for the period January 1,2011, to March 31,2011. begins with a description of the treatment program.
The QTPR indicates that Rydberg's
diagnoses is Axis I - Sexual Sadism; Depressive Disorder, NOS; Exhibitionism (by History); Alcohol Dependence, In a Controlled Environment; and Axis II - Personality Disorder NOS,
with Antisocial and Sadistic Features.
Ex. 2-1810. The QTRP indicates that Fjerkenstad had
just substituted as Rydberg's primary therapist and therefore was unable to accurately assess Rydberg's functioning. Ex. 2-1824. The QTRP indicates that Rydberg's primary therapist, and that Rydberg and his ex-wife were
Warren Maas, L.P., believed he was progressing, attempting to explore some kind of relationship. that he decided to stop being a victim. Id. 103.
Ex. 2-1825. Rydberg told his treatment team
A June 6, 2011, Therapy Group Participation
Progress Note indicates that
Rydberg reported he had thoughts of how to bypass a burglar alarm. Ex. 2-1871. Rydberg stated the "evil thought" just came out. Id. Rydberg stated that he realized how predatory these
thoughts are, and that ifhe would have indulged it this would have been more evil. Id. 104. On October 17, 2011, Rydberg signed his QTPR for the period July 1, 2011, on Exs. 2-1890 - 2-1909. The QTPR contains no change in diagnosis.
September 30,2011. 105.
The QTPR indicates that Rydberg continued to work on the lawn crew at MSOP,
worked at the humane shelter walking dogs, and participated in outings in the Twin Cities. Ex. 2-1906. The QTPR indicates that Rydberg struggled to intervene in the moment, "particularly if feeling angry." "intimidating." his "intention." Ex. 2-1906. Rydberg apparently acknowledged that he was "scary" and
Id. Rydberg claimed he did not want others to see him that way and that was not Id. In addition to struggling with his anger, Rydberg also struggled with his
feelings of negativity. Ex. 2-1907. 106. A September 21, 2011, Individual Progress Note indicates that Rydberg had Ex. 2-1951. Rydberg stated he "snapped" and he had since
words with the count coordinator. apologized.
Id. Rydberg said he had fears about 'dealing with bullshit" on the street and had
never been happy. Id. Rydberg said there are times when there is less pain but still no pleasure.
A September 22,2011, Individual Progress Note indicates that Rydberg expressed
regret for becoming angry and swearing at a staff member. Ex. 2-1952. Rydberg acknowledged that he felt himself becoming angry and let it come out "inappropriately." Id. Rydberg
acknowledged that when he becomes angry his voice becomes elevated and it is "scary for other people, particularly for those who do not know him." Id. The therapist charted that they would need to work on his intervening in the moment to prevent Rydberg from engaging in verbal altercations. Id. 108. An October 3, 2011, Therapy Group Participation Progress Note indicates that Ex. 2-1956. Rydberg mentioned frustration with "the system"
Rydberg is angry and frustrated.
and that he was always caught in the middle. Id. 109. An October 8, 2011, Health Services Progress Note indicates that Rydberg met
with the nurse because he had elevated feelings of anger. Ex. 2-1985. Rydberg reported feeling "high angry feelings, not always with provocation." 110. An October 13, 2011, Psychiatric Ex. 2-1985. Progress Note indicates that Rydberg
complained to the psychiatrist during his quarterly meeting that he suffered from increased irritability. Exs. 2-1979 - 2-1980. Rydberg had been taking Cymbalta at bed time but switched it to morning to address his increased irritability. Id.
An October 17, 2011, Individual Progress Note indicates that Rydberg again
expressed feelings of apathy and being overwhelmed. Ex. 2-1962. 112. An October 27, 2011 Therapy Group Participation Progress Note indicates that
Rydberg told another patient that he had been "resistant to hearing certain things about himself. One example include his diagnosis of sexual sadist ... he struggled with accepting that part of
him." Ex. 2-1966.
The court finds this record credible and persuasive evidence of Rydberg's
lack of insight into his Sexual Sadism. 113. An October 30, 2011, Incident Report indicates that a MSOP staff member Ex. 2-1989. When
overheard Rydberg speaking with another patient by the patient computer.
staff heard the other patient ask Rydberg if he should be engaging in the behavior near the computer, staff approached Rydberg and asked what was going on. Id. Rydberg informed him that he was copying the video of his polygraph to a CDR. Id. When asked by staff if Rydberg
should be doing this, Rydberg became red in the face and angry. Id. Rydberg yelled and started swearing at the staff member. Id. Rydberg stated "for all I know they could come in here
tomorrow and just take the fucking pop cans and silverware." Id. Rydberg later apologized. Id. The court finds this record credible and persuasive evidence of Rydberg's emotion management. 114. A November 2, 2011, Individual Progress Note indicates that the unit director, anger and poor
Rydberg's reintegration specialist, and his primary therapist held a special meeting to discuss Rydberg's behavior over the previous weekend. angry with staff and raising his voice. frustration at the staff member. Id. Id. Ex. 2-1967. Rydberg acknowledged getting yelling in anger and Id. Rydberg's
Rydberg apologized for the behavior.
primary therapist at MSOP, Ann Marie Sowieja, M.A., L.P.C., charted that both her and the unit director emphasized that this type of behavior "cannot occur in the community, and that if it did, it would be looked at as a problem." Ex. 2-1967. Rydberg agreed and stated that he needed a
better way to manage his anger. Id. Rydberg admitted that even though he apologizes after he yells and swears, the damage is already done. Id. The therapist noted that even though Rydberg
is aware of this behavior problem, "he still has difficulty managing the anger that is triggered." Ex. 2-1967. PROJECT PATHFINDER 115. On March 6, 2008, Scott Guldseth, Ph.D., L.P., of Project Pathfinder (Pathfinder) test report regarding Rydberg's referral for aftercare treatment.
completed a psychological
Exs. 3-014 - 3-056. The report was signed March 26,2008. 116.
Ex. 2-056. tests including the Shipley
Dr. Guldseth completed a battery of psychological
Institute of Living Scale (SILS), the Multiphasic Sex Inventory (MSI), the MCMI-III, and the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Exs. 3-014 - 3-015. On the SILS
Rydberg returned an estimated full scale IQ in the Superior classification. 117.
Ex. 3-014. range in his
On the MSI, Rydberg's profile placed him in the "questionable"
ability to acknowledge normal sexual desires and interests. convicted he denied any preoccupation
Ex. 3-015. Although he had been Id. The profile Id. He
with deviant thoughts or desires.
indicates that Rydberg may "use some cognitive distortions related to his behaviors." was only moderately motivated to participate in treatment. Id. 118.
On the MMPI-2, Rydberg's profile suggested a person who is socially and selfEx. 3-016. Rydberg's profile
alienated and had little motivation to make compromises. indicates he is insensitive and lacks empathy. Id. 119.
The report concludes, in part, that Rydberg likely had little insight into the Ex. 3-017. His lack of remorse and
consequences of his behavior on himself and others.
empathy likely creates situations where he is unable to develop any nurturing or deep or emotional bonds with others. Id.
On March 14,2008, Pathfinder completed an Intake Assessment Report that staff
signed on March 26, 2008. Exs. 3-048 - 3-056. The report indicates that Pathfinder reviewed a limited set of records for the assessment. Exs. 3-048 - 3-049. 121. Rydberg reported his understanding of his offending behavior is "I think it is
overkill, nobody is going to take a chance on me" and "I've been tested enough times." Ex. 3049. Rydberg then asserted he is no longer a threat to others. addressed the question and said he was an "angry kid." Ex. 3-050. Finally, Rydberg
Rydberg claimed he had Id.
problems in school, was shy, insecure, and had an interest in girls he could not address. Rydberg admitted he had "secretive sexual fantasies" and had no boundaries. Id. 122.
Rydberg reported to the evaluator that he had been sexually molested by his
father, who fondled his genitals while sleeping in his father's bed at the age of eight years. Id. He also recalled incidents of emotional and physical neglect while being potty-trained as an infant. Id. 123. When the evaluator asked him to focus on his understanding of his behavior,
Rydberg stated he programmed himself through masturbation and rape fantasies. Id. He said he only thought of himself and did not believe it was bad for the victim. Id. Rydberg said it was complex but he saw it as a challenge. Id. Rydberg said that "[t]he strongest point of all my Id. The court finds this record
offending cycles was when I was in long term relationships."
credible and persuasive evidence, which calls into question the wisdom of allowing Rydberg to reenter a relationship with his ex-wife. According to Rydberg, both here and other points in his record, he believed this relationship triggered his deviant sexual behavior. 124. The assessment noted Rydberg's intake diagnoses as Axis I - Sexual Sadism; Disorder; Depressive Disorder, NOS; Alcohol
Exibitionism by History; Obsessive-Compulsive
Dependence, In a Controlled Environment;
and Axis II - Personality
Disorder, NOS with
Antisocial and Avoidant Features. Id. The assessment indicated that MSOP currently prescribed Effexor and Vistral for Rydberg. areas according Id. The assessment reported that Rydberg's current problem summary included motivation for treatment, emotion
to his discharge
management, and decreased institutionalization.
Ex. 3-051. The assessment states that Rydberg
had passed two polygraphs "with masturbation to deviant fantasies acknowledged during the most recent." Id. 125. The assessment states that the documents Pathfinder possessed from MSOP
indicates that Rydberg did not suffer from sexual abuse as a child, and his disclosure that his father sexually abused him should be further explored in treatment. Id. Rydberg described his Id.
sexual history starting at age 13 with sexual games with a girl who lived on the block.
Rydberg stated that when he was 12 he stripped a 10-year-old girl in front of others and fondled her genitals. Id. He describes this behavior as insensitive. Id. Rydberg admitted engaging in
voyeurism from ages 12-15, and exhibitionism from ages 20 to 23. Id. Rydberg struggled with the question of interest in sado-masochistic behaviors because he stated he had found pleasure in the humiliation of others during his sexual assaults. inappropriate Ex. 3-052. Rydberg reported that he has
sexual fantasies about five times per month but catches them quickly and
intervenes on them. Id. 126. The assessor asked if Rydberg desired attending community-based treatment or
aftercare and responded flatly, "no." Id. Rydberg elaborated that "[t]he system is trying to take everything of my life they can." Id. 127. Rydberg reported that he last drank alcohol in 1979 during his last offense, and
last used marijuana in prison in 1986. Ex. 3-052.
The assessment recommended that Rydberg is eligible for Pathfinder. Ex. 3-055.
Pathfinder acknowledged that Rydberg is not typical of their patients but would initially receive individual, then group therapy services. Id It further recommended no contact with vulnerable in maintenance
persons, a sexual arousal screening in the form of a PPG, participation polygraphs, no use of chemicals, and comply with prescribed medications. 129.
An August 28, 2008, Pathfinder Progress Note Report indicates Rydberg had
attended the Minnesota State Fair, and commented to his therapist that "the fair was full of breasts" and he enjoyed the fair. Ex. 11a, p. 3-181. Rydberg discussed with his therapist that his father sexually molested him, and he believed it occurred more than once because of the anger he felt towards his father. Id 130. A January 21, 2009, Pathfinder Progress Note indicates that Rydberg discussed Ex. 11a, p. 3-191. Rydberg stated his GPS
his verbally assaulting the OS1 agent at MSOP.
malfunctioned and he could not buy his lottery tickets. Id Rydberg told his therapist that he was laying in his room feeling sorry for himself when the agent approached him about his behavior. Id Rydberg stated that he "purposefully acted in a petulant manner" and did not intervene. Id
Rydberg claimed that he never threatened or called the OS1 agent names. Id 131. Pathfinder completed a Progress Review for Rydberg for the period September 16
to December 18, 2009, indicating that he progressed and experienced no significant problems. Exs. 3-138 - 3-143. 132. On April 9, 2010, Pathfinder completed a Progress Review "in anticipation of
Mr. Rydberg's appearance before the Special Review Board on April 28, 2010." Exs. 3-147 - 3148. The review noted that Rydberg continued to hold the belief that every change in his Ex. 3-147. The review indicates that
circumstance would make his living situation worse.
Rydberg dealt with a "new sense of sensuality" but does not describe what that sensuality is. Ex. 3-148. The review also reported new subtle sexual feelings but does not detail them for the reader. Id. The review indicated that Rydberg came to Pathfinder as "a treated sex offender." Id. The review noted Rydberg had made some missteps, but does not detail what those missteps are. Id. The review noted that he had adapted to his new environment and was ready to move to the next level of autonomy. Id. 133. A June 30, 2010, Pathfinder Progress note indicates a special meeting was held to
address an incident where Rydberg lost his temper with a staff person and another patient. Ex. 3230. The note indicates Fjerkenstad and MSOP Director Janine Hebert, L.P., were in attendance. Id. Rydberg became angry when questioned about the alteration of a tool for his bike. Id. The note indicates all the treatment providers were very concerned about his reaction to confrontation regarding the issue. Id. The issue according to the note is Rydberg's anger at any confrontation. Id. 134. A Pathfinder Progress Review for the period December 8, 2010 to March 30, of the program, and
2011, indicates Rydberg continued to comply with the expectations maintained "calm." Exs. 3-243 - 3-245. 135.
On Apd122, 2011, Pathfinder completed an Annual Review of Rydberg. Exs.3-
246 - 3-247. The review indicates Rydberg completed numerous group and individual sessions, and 18 of 19 goals in the program. Ex. 3-246. The review indicates that Rydberg made contact with his ex-wife and had "a number of emotions rise to the surface." Ex. 3-247. 136. Progress Reviews for the period March 30,2011 to May 23,2011, and March 30,
2011 to June 27, 2011, indicate Rydberg continued to comply with the expectations of the program. Exs. 3-248 - 3-253.
A March 16, 2011, Pathfinder Progress Note indicates that Rydberg conceded
"that John," meaning the bad Rydberg, is not dead and that he had to be vigilant. Ex. 3-258. 138. A March 23, 2011, Pathfinder Progress Note indicates that Rydberg received a Ex. 3-259. She
card from his second ex-wife, who had seen a story about him on television. wrote to say she hoped Rydberg gained his provisional discharge.
Id. Rydberg called her to
thank her, and when she asked him if there was something he wanted to tell her, he told her he would write her, and hung up. Id. Rydberg reported that he had mixed feelings about her,
resented her for never visiting him in prison, and he had broken off the relationship two years before. Id. 139. A March 30, 2011, Pathfinder Progress Note indicates that Rydberg reported Ex. 3-260. Rydberg
experiencing feelings similar to those when he enters his offense cycle.
stated he thought it was pressure from the hearing, lack of work, and commencement of his relationship with his ex-wife Sue. Id. Rydberg reported that his sexualizations increased
markedly the past week because he would "automatically look at a woman's breast which he associates with comforting." Id. 140. A May 11, 2011, Pathfinder Progress Note indicates that Rydberg reported Ex. 3-262. Rydberg stated he intimidated his roommate,
becoming angry with his roommate.
and this "is evidence of him being in his cycle." Ex. 3-262. Rydberg also reportedly told MSOP staff that none of the patients at CPS Halvorson House speak socially. Id. The therapist for
Pathfinder found this "significant" because the patients at Halvorson House were all far along in the treatment process. Id.
Another May 11, 2011, Pathfinder Progress Note indicates that Rydberg discussed
a telephone call with his ex-wife Sue. Ex. 3-263. Rydberg's ex-wife told him that the time she was married to him was the best time of her life. Id. 142. A May 18, 2011, Pathfinder Progress Note indicates that Rydberg's aunts would
no longer accept calls from him, which made him sad. Ex. 3-263. Rydberg stated that they had known about the charges against him for which he was convicted but never the extent of his behavior until they heard about it in the press. Id. 143. A June 8, 2011, Pathfinder Progress Note indicates that Rydberg reported to Ex. 3-265. Rydberg stated after watching a news
group he had a thought that was unsettling.
report about the deployment of the National Guard, he thought how all the wives would be vulnerable. Id. Rydberg conceded that this is the type of thought he would have during his Id. Rydberg was unwilling to describe the details to his group. Id. The
therapist reported that these thoughts were very dangerous for Rydberg to entertain. Id. 144. A July 13, 2011, Pathfinder Progress Note indicates the group processed an
incident where Rydberg lost his temper regarding the possession of nails stored in a shed outside the Halverson House. Ex. 3-267. 145. A Pathfinder Progress Review for the period June 28, 2011, to September 27, Exs. 3-269 - 3-271. Rydberg's therapist
2011, indicates that Rydberg progressed in treatment.
noted at the end of the review that Rydberg continued in "ill temper." Ex. 3-271.
THE REPORT AND EXAMINATION OF DR. HARRY HOBERMAN 146. The Commissioner of Human Services retained Dr. Harry Hoberman as her
independent expert for the purposes of this trial. Ex. 11, p. 1. Dr. Hoberman is a Ph.D. level
licensed psychologist in the State of Minnesota, specializing in clinical and forensic psychology. Ex. 5. The court admitted Dr. Hoberman's curriculum vitae as Exhibit 5. Dr. Hoberman has approximately 20 competencies including assessment and treatment of adult sex offenders,
forensic psychology, evaluations of persons being reviewed for civil commitment, violence risk assessment, and psychotherapy. T. 156-157. The court finds that Dr. Hoberman is a well-
respected, qualified examiner within the meaning of the Minnesota Treatment and Commitment Act. Id. And is board certified. 147. Dr. Hoberman has a national practice in Minnesota, Missouri, Iowa, Washington,
and for the United States Department of Justice. T. 157-158. Dr. Hoberman testified that he also has participated in discharge proceedings in various states, and specifically in three judge panel discharge proceedings in the State of Minnesota. T. 158. Dr. Hoberman offered opinions in the
Missouri case of Eddie Thomas, and recommended discharge for him. T. 159. Dr. Hoberman testified that the Thomas case was similar to the Linehan case in Minnesota. Id. 148. Dr. Hoberman reviewed all the records in this case supplied by the attorneys,
spent a full day at MSOP reviewing the original file regarding Rydberg, reviewed the transcripts of the interviews conducted by Dr. Paul Reitman, reviewed the report of Dr. Reitman after completing his independent report, and was physically present during all the testimony of Rydberg and several of the witnesses. Ex. 11, pp. 1-2, T. 160. 149. Dr. Hoberman specifically requested to conduct an interview of Rydberg for
purposes of his report but that request was declined by Rydberg through his attorney. Ex. 11, p. 2; T. 159. Despite this limitation imposed on the Commissioner's independent expert, Dr.
Hoberman opined and testified that he could offer an opinion to a reasonable degree of psychological certainty based on the information provided to him, the information he reviewed,
and the testimony and transcripts that he listened to and read. Ex. 11, pp. 100 - 115, T. 163, T. 167. 150. In offering an opinion, Dr. Hoberman correctly identified the statutory factors to
be considered in determining whether a person meets the criteria for provisional discharge. Ex. II,p.3, 151. structured his 100;T. 166. Dr. Hoberman testified that in preparing his report and offering his opinion, he report and opinion in five sections. Ex. 11, pp. 3-4; T. 167.
Dr. Hoberman offered that he: (1) provided a perspective on Rydberg before his abrupt decision to enter treatment in 1998; (2) the scientific literature regarding the impact of sex offender treatment on recidivism, mental health conditions, and criminogenic needs; (3) the issues related to measuring treatment related change; (4) a review of Rydberg's progress in treatment; and (5) his opinions regarding Rydberg's current status and implications for disposition. Id. 152. Based on Dr. Hoberman's review of Rydberg's sexual and antisocial history, he See
detailed Rydberg's detected and non-detected sexual offenses that occurred over decades.
Ex. 11, pp. 4-12; T. 186 - 189. Dr. Hoberman noted that Rydberg for years reported a total of94 victims ranging in age and sex from a four-year-old boy to a 50-year-old woman, including rapes, date rapes, voyeurism, and exhibitionism. Ex. 11, p. 11. Dr. Hoberman testified that at
Rydberg's full disclosure polygraph at the end of October 2010, Rydberg disclosed that on approximately 10 occasions he attempted to sexually assault females but was interrupted by their screams or other individuals. Ex. 11, p. 11, T. 189-191. Dr. Hoberman noted that Rydberg had
failed to disclose them in his disclosure packet because he did not consider them victims, as Rydberg did not have "sexual contact" with them. Ex. 11, p. 11; T. 191. Dr. Hoberman testified Rydberg's responses on the full-disclosure polygraph raise two issues. Id. First, Rydberg's
honesty in treatment, and second, the integrity to which Rydberg participated in the program. T. 192. 153. Dr. Hoberman provided a detailed examination of Rydberg's antisocial behavior,
treatment history, correctional history, and dispositional history. Ex. 11, pp. 13- 20; T. 192-200. Dr. Hoberman noted as significant that as early as February 1985, MMHI diagnosed Rydberg as suffering from Sexual Sadism and a "mixed" Personality Disorder. Ex. 11, p. 16. 154. Dr. Hoberman explained the significance of Rydberg's pre-MSOP presentation.
Ex. 11, p. 20; T. 201. Dr. Hoberman opined and testified that Rydberg claimed extensive sex offender treatment both through treatment arranged prior to incarceration and Rydberg's estimate of nine years of sex offender treatment before being civilly committed in Minensota. Ex. 11,
p. 20; T. 202. Dr. Hoberman testified that Rydberg really only had five years of sex offender treatment interrupted by his escapes and legal proceedings, and Rydberg's representation of treatment is exaggerated. Ex. 11, p. 20. 155. Dr. Hoberman stated that prior to commitment at MSOP, Rydberg expressed the
same sentiment that he expresses now - that he is comfortable with who he is and he would not reoffend based on his treatment experiences. Ex. 11, p. 21. At MSOP, Rydberg refused sex
offender treatment while at MSH, and fought his involvement in sex offender treatment until 1998. Ex. 11, pp. 21-22; T. 202-203. Dr. Hoberman found significant previous evaluations,
including one completed by Dr. Austin that Rydberg found empathy to be a foreign concept to him. Ex. 11, p. 22. Dr. Hoberman also cited to Dr. Austin's 1996 evaluation in recognizing that even in 1996, Rydberg claimed he did not obtain sexual arousal from the victims' pain or suffering and did not see himself as angry. Ex. 11, p. 23.
Dr. Hoberman opined that pre-MSOP treatment, Rydberg engaged in impression which is characteristic Ex. 11, pp. 25-26. of particularly violent sex offenders with significant
Dr. Hoberman opined that despite Rydberg's extremely
violent sexual offenses, in work settings, prison, and detention, Rydberg "has demonstrated extremely well-controlled behavior, particularly relative to goal-directed behavior that served his self-interest." Ex. 11, p. 26. Dr. Hoberman also opined that Rydberg pre-MSOP treatment
demonstrated passive-aggressive behavior and was often hostile to staff. Ex. 11, p. 27. 157. Dr. Hoberman testified that Rydberg's sudden decision to enter treatment in 1998
after 18 years of refusing treatment in Wisconsin and Minnesota raises serious questions about Rydberg's motivation and implementation of treatment principles. T. 203-204. Dr. Hoberman
testified that any treatment provider should have explored this sudden decision to engage in treatment and the motivation behind it. T. 204-206. Dr. Hoberman testified that he could not T. 205-
find any discussion of Rydberg's motivation to participate in treatment in the record.
206. Dr. Hoberman testified this is especially concerning given that Rydberg had chosen to enter treatment in Wisconsin at MMHI, and still reoffended. T.207-208. Dr. Hoberman testified that
even listening to Rydberg's testimony, Rydberg testified he changed his mind about treatment because he wanted to be happy, not because he decided he had a "problem." Dr. Hoberman testified that Rydberg's viewed with great skepticism. T. 211. 158. (Coercive Dr. Hoberman testified that he diagnosed Rydberg as Axis I - Paraphilia, NOS Paraphilic Disorder); Sexual Sadism; Exhibitionism; Voyeurism; Alcohol T. 209.
stated motivation to implement treatment has to be
Dependence; and Axis II - Antisocial Personality Disorder; and Narcissistic Personality Traits. Ex. 11, pp. 27-34; T. 213-221. Dr. Hoberman testified that Rydberg consistently reported that
his sexual assaults were planned and he drove "thousands of miles" to commit them. Ex. 11, p. 29. Dr. Hoberman testified that regarding Rydberg's sadistic behavior Rydberg "almost
universally denied that he engaged in sadistic behavior." Ex. 11, p. 30; T 218. Dr. Hoberman opined and testified that Rydberg only admitted the basis for a Sexual Sadism diagnosis once, in a February 2008 evaluation where after being pressed about his interest in S&M, admitted that he found pleasure in the humiliation of others. Ex. 11, p. 30; T. 218-219. Dr. Hoberman testified
that Rydberg's testimony in this trial that he had engaged in sadistic behaviors but denying he is a sexual sadist, is a denial of Rydberg's primary problem of Sexual Sadism. T. 218-219. Dr. Hoberman testified that Rydberg's denial of Sexual Sadism shows very poor insight by Rydberg and has "implications for understanding [Rydberg's] risk awareness." 159. T.219.
Dr. Hoberman testified that in addition to Rydberg's DSM-IV TR diagnosis, a
useful personality dimension in assessing a person's risk is that of psychopathy as measured by the PCL-R. Ex. 11, pp. 35 -36; T. 221. Dr. Hoberman explained that psychopathy is described as people who are interpersonally grandiose, egocentric, manipulative, dominant, forceful, and cold-hearted. Ex. 11, p. 35; T. 221-222. Psychopaths are affectively shallow and labile in their
emotions, unable to form long-lasting bonds, and lack empathy, anxiety, guilt, or remorse. Id. Behaviorally they readily violate social norms and are predisposed to criminality and substance abuse. Id. 160. Dr. Hoberman reported that he scored Rydberg a +25 on the PCL-R based on the
information he received including Rydberg's testimony, which he observed. Ex. 11, pp. 35 - 36; T.222 Dr. Hoberman opined and testified that Rydberg's score of +25 is the cut score in certain Id.
literature for psychopathy, but Dr. Hare uses +30 as the cut score for clinical psychopathy.
Dr. Hoberman testified that after listening to Rydberg's testimony, he believes that Rydberg is higher on the PCL-R. T.223. 161. Dr. Hoberman does not believe that Rydberg's earlier scores of +14 by Dr.
Schlank were accurate, and noted that Dr. Wilson later scored Rydberg a +26.3, and Dr. Hanson scored Rydberg as a +20 on an average between the two earlier scores. Ex. 11, p. 36; T. 226230,232-233. Dr. Hoberman also reported that Dr. A.J. van der Walt's score for Rydberg as a
+ 15 appeared to be inaccurate. Ex. 11, p. 36; T. 233. 162. Dr. Hoberman testified that PCL-R scores cannot go down as a result of age, time,
or treatment. Ex. 11, p. 36; T. 230-231. Dr. Hoberman opined and testified that psychopathy is a permanent communication, condition, and according to the authors of the instrument in a personal Ex. 11,
and the scoring
cannot be reduced
p. 36; T. 231. Dr. Hoberman also opined and testified that the scoring guidelines for the PCL-R specifically state that the PCL-R cannot be used to measure progress in treatment, as was done in this case by MSOP. Ex. 11, p. 36; T. 231-233. Dr. Hoberman cited to the technical manual
which specifically references that many psychopaths "make remarkable progress" in treatment settings just to pick up where they left off. Ex. 11, p. 36; T. 1013. 163. Dr. Hoberman testified that there is virtually no evidence that Rydberg has
resolved any of his deviant sexual disorders or personality characteristics, including his relatively high psychopathy. Ex. 11, p. 36. 164. Dr. Hoberman next addressed Rydberg's psychological Version (SRA-FV). or criminogenic needs Ex. 11, p. 40; T. 234.
using the Structured Risk Assessment-Forensic
Dr. Hoberman noted that the SRA-FV assesses needs and indicates the appropriate focus of treatment to reduce risk. Ex. 11, p. 40; T. 234. Dr. Hoberman testified that the SRA-FV is used
to identify cnmmogemc
needs of sex offenders.
Dr. Hoberman testified that
criminogenic needs are psychological
characteristics that in effect are risk factors that are Id. Dr. Hoberman testified that the SRA-FV
predisposing characteristics of the individual.
provides scores for three domains or factors - Sexual Interests, Relational Styles, and SelfManagement. Ex. 11, p. 40; T. 236. Dr. Hoberman opined that Rydberg received elevated
scores on all three domains, and scored a +3.8 placing Rydberg in the high-priority category. Ex. 11, pp. 39 - 40; T. 236. Dr. Hoberman testified that a score above +3.5 puts the offender into the very high risk range. T. 236. 165. Dr. Hoberman discussed the use of the Stable-2007 by Dr. A.J. van der Walt in
March 2010 in preparation for the initial SRB. Ex. 11, p. 41; T. ~36. Dr. Hoberman noted that the Stable-2007 is not recommended or validated on individuals other than sex offenders in the community on probation or parole. Ex. 11, p. 41; T. 237. Dr. Hoberman stated this instrument is not recommended for use on sex offenders who are not in the developmental sample. Ex. 11, p. 41; T. 237. 166. Dr. Hoberman also utilized a number of risk assessment instruments in assessing
Rydberg's risk before MSOP treatment, including the Static-99, the MnSOST-R, and the Sex Offender Risk Appraisal Guide (SORAG). Ex. 11, pp. 40-47; T. 238. Dr. Hoberman noted that this baseline evaluation with these actuarial risk assessment instruments all placed Rydberg in the high risk category. Ex. 11, p. 47; T. 238-239. Dr. Hoberman believes that Rydberg's high
psychopathy, high score on Sexual Violence Risk-20 at the time of commitment, deviant sexual arousal, and high criminogenic needs as measured by the SRA-FV all placed him in the "extraordinarily" high risk group of offenders. Ex. 11, p. 50; T. 241.
167. 55; T. 242.
Dr. Hoberman testified as to factors that are relevant to risk reduction. Ex. 11, p. Dr. Hoberman opined that incarceration in prison does not reduce recidivism. Ex.
11, p. 55; T. 242.
Dr. Hoberman cited to a number of studies regarding sex offender treatment
and found the research inconsistent regarding the impact of sex offender treatment, but that certainly people who refuse treatment are persons at higher risk than those who volunteer. Ex.
11, p. 57. Dr. Hoberman opined that there is some evidence that sex offender treatment for the "average" sex offender is effective. Ex. 11, p. 59. Dr. Hoberman also cited to literature that
psychopathic high-risk sex offenders do not necessarily respond to conventional sex offender treatment. Ex. 11, p. 40. 168. Mr. Rydberg denied treatment for years, claimed that he had resolved all of his T. 243-244. Dr. Hoberman testified that Rydberg's
risk factors, and has high psychopathy.
psychological make-up puts him in the top five percent for dangerousness of sex offenders he has evaluated. T. 246. 169. psychopathy Dr. Hoberman testified that offenders like Rydberg who have both high
and deviant sexual arousal tend to do less well in implementing sex offender
treatment. There is potential for staff to be manipulated into a false sense of comfort with highly psychopathic offenders. Ex. 11, p. 63; T. 250. Dr. Hoberman cited to several studies, including Oliver and Wong, and Seto and Barbaree, who all noted that common errors clinicians make in assessing progress in treatment with conclusory statements particularly with respect to
psychopathic patients. Ex. 11, p. 64; T. 251. 170. According to Dr. Hoberman, some potential irrelevant indicators of change with patients, include mere attendance at treatment sessions and successful
"completion" of treatment (without being able to demonstrate implementation of those treatment
techniques). Ex. 11, pp. 64-65. Dr. Hoberman concluded that "talking the talk is often confused with walking the walk in particular for those with significant psychopathic personality traits." Ex. 11, p. 65. Dr. Hoberman also reported and testified that pre-treatment variables or measures are more predictive of treatment outcome. Ex. 11, p. 65; T.252. 171. Dr. Hoberman testified that research clearly shows that assessments carried out by
the same treatment provider are open to subjectivity and bias because of the many vested interests in the case. Ex. 11, p. 66. Having an independent third party carry out the treatment outcome assessment and a reliable second opinion is highly desirable to avoid possible bias by the treatment provider. Ex. 11, p. 66. 172. Finally, Dr. Hoberman noted in the forensic context, the examiner's role is
evaluative or even adversarial as opposed to the "helping role" that treatment providers have to develop with their clients. Ex. 11, p. 68. The therapist tends to rely almost exclusively on the information coming from the sex offender they are treating, with little scrutiny of the information that may be in the file. Ex. 11, p. 67. The clinician by the very nature of their role act to benefit their patient and act as an advocate for that patient. Ex. 11, p. 68. 173. Dr. Hoberman opined and testified that the MSOP program at the time of
Rydberg's participation from 1998 to 2002 emphasized that the patient "walk the talk" and demonstrate treatment concepts in their behavior. Ex. 11, p. 72; T.255. It is Dr. Hoberman's
opinion that the treatment records indicate Rydberg's participation in treatment is described by statements in the record that he was a good worker, and did not manifest an overtly anti-social or psychopathic presentation during his day-to-day life at MSOP. Ex. 11, p. 72; T. 255. But
Dr. Hoberman opined and testified that this, along with Rydberg's expressed in a passive-aggressive
chronic anger problems
style, stayed the same over the years of his incarceration in
prison and civil commitment.
Ex. 11, p. 72. Most of Rydberg's changes were based on self-
report, and Rydberg's MSOP records reflected little of Rydberg "walking the walk" to show he had implemented change. Ex. 11, p. 73; T. 256-257. 174. Dr. Hoberman testified that Rydberg attended virtually all of his groups,
completed all group assignments, had high participation ratings, discussed his personal issues, and refrained from disruptive behavior. Ex. 11, p. 74; T. 255-257. Dr. Hoberman testified that
this compliant behavior also typified Rydberg's behavior in Wisconsin and Minnesota DOC, which had been described as well-regulated and goal directed. Ex. 11, p. 74. 175. Dr. Hoberman testified that he analyzed Rydberg's current knowledge of issues
central to progress in sex offender treatment using the Sex Offender Treatment Rating Scale (SOTRS). Ex. 11, p. 78; T. 258. Hoberman reported that low scores are associated with little progress in treatment and high scores are associated with significant progress. 259. 176. Rydberg has a long history of resistance to treatment or motivation for treatment, Ex. 11, p. 72; T.
including resistance in recent ITP' s, thus placing him in the moderate level. Ex. 11, p. 81; T. 259. 177. Dr. Hoberman rated Rydberg low-moderate in the area of offense disclosure on
the SOTRS. Ex. 11, pp. 81-82; T. 264. Dr. Hoberman credited Rydberg's reported extensive sex offense history in phase 2 of treatment but this is severely moderated by his 2010 disclosure in his polygraph that he had another 56 victims, including 10 attempted rapes. Ex. 11, p. 81-82; T.264. This late disclosure on the self-report polygraph of 10 victims who he attempted to rape
indicates that Rydberg scores low in this area. T. 266.
Dr. Hoberman is of the opinion Rydberg would score as low-moderate on the insight" into his sexual offending Rydberg's and more
SOTRS because he still lacks "meaningful importantly deviant sexual arousal.
Ex. 11, p. 85; T.
denial of his diagnosis of
Sexual Sadism also indicates that Rydberg's insight into his problem is poor. 179. Dr. Hoberman scored Rydberg low on sexual ideation on the SOTRS, Ex. 11, p.
85-86; T. 271. Dr. Hoberman believes that it is significant that Rydberg consistently rejects his sexual sadism and claims that he never intended to harm or humiliate his victims. Ex. 11, pp. 8586; T. 272. consistently Dr. Hoberman believes this significant because Rydberg over the years has acknowledged that he "programmed himself to offend through violent rape
fantasies." Dr. Hoberman also noted that in later years, Rydberg would engage in deviant sexual fantasies and did so as the only way he could achieve sexual orgasm. T. 272. Ex. 11, p. 86;
Dr. Hoberman opined and testified that in April 2005, three years after Rydberg
completed primary treatment at MSOP, an evaluator charted that Rydberg continued to be evasive about his history and that "he had little insight regarding his history of humiliating his victims." Ex. 11, p. 86; T. 273. 180. Dr. Hoberman testified that regarding attitudes supportive of sexual offending on
the SOTRS, Rydberg rated low-moderate due to his cognitive distortions. Ex. 11, p. 87; T. 273. 181. Dr. Hoberman testified that regarding the issue of victim empathy on the SOTRS, Ex. 11, p. 88; T. 274. Dr. Hoberman explained that Rydberg,
Rydberg scored low-moderate.
according to his MSOP records, made a dramatic change in his attitude towards the wrongfulness of his behavior but there is no explanation of how this occurred. Hoberman is skeptical of Rydberg's Ex. 11, p. 88; T. 275.
expressed empathy since as recently as an evaluation in
February 2008 Rydberg expressed his sexual offending hurt "him." Ex. 11, p. 88.
Dr. Hoberman scores Rydberg in the low category regarding the issue of relapse Ex. 11, p. 90; T. 275. Dr. Hoberman gave credit to Rydberg for Plan (RPP). But Dr. Hoberman found very
prevention on the SOTRS.
including a completed Relapse Prevention
significant that in the first five pages of Rydberg's RPP there is absolutely no mention of deviant sexual arousal as a risk factor, an issue, or as an element of his sexual offending. Ex. 11, p. 89; T. 276. Dr. Hoberman observed that on page six of Rydberg's RPP, Rydberg finally references in his lapse contract that it occurs when Rydberg is in a "Deviant Fantasy." Ex. 11, p. 89; T.
276. Dr. Hoberman is critical in that if sex offender treatment is focused on the "drivers" of sexual offending, Rydberg's RPP ignores his Sexual Sadism and is therefore not practical or relevant. Ex. 11, p. 89; T. 276. 183. Dr. Hoberman scores Rydberg low regarding the issue of risk awareness on the
SOTRS. Ex. 11, p. 90. 184. Dr. Hoberman noted that Rydberg has consistently chafed and complained about
delays in getting privileges, complained that he is being restricted even after being given more privileges, and inappropriately expressing anger at perceived slights regarding rules. p. 92; T. 278. Dr. Hoberman believes this significant for two reasons. Ex. 11,
Ex. 11, p. 92. First, it
confirms the perspective that Rydberg is focused on obtaining freedom and not necessarily implementing treatment. Second, Rydberg's anger and frustration provides evidence of
Rydberg's ongoing anti-social/psychopathic 185.
traits. Ex. 11, p. 92; T. 278. testing and
Dr. Hoberman analyzed all the evidence and recent psychological
concluded to a reasonable degree of psychological certainty that Rydberg's course of treatment and present mental status are such that he remains in need of ongoing treatment and supervision in his current treatment setting. Ex. 11, p. 113; T. 289. Dr. Hoberman opined and testified that
apparent progress there are significant concerns regarding his underlying
psychopathology that provided the basis for his sexual offending in the past and place him at high-risk for sexual reoffense. Ex. 11, p. 113; T. 288-289. Dr. Hoberman opined and testified
that because of these persistent, unresolved conditions, Rydberg's provisional discharge plan would not provide a reasonable degree of protection to the public or allow Rydberg to
successfully adjust to the community. Ex. 11, p. 90; T. 290. 186. Dr. Hoberman found that Rydberg has always been, and continues to be
characterized by "an ongoing pattern of entitlement and frustration" regarding privileges and freedom of movement. history it is unclear Ex. 11, p. 115; T. 280-287. Dr. Hoberman opined that given Rydberg's if Rydberg has sincerely implemented treatment principles.
Ex. 11, p. 90. 187. On January 6, 2012, during redirect, Dr. Hoberman testified that Dr. Barbo is
correct in her interpretation of the PPG that no conclusions can be drawn from it. 188. Dr. Hoberman testified that he disagreed with Dr. Reitman's opmion that
Rydberg's PPG has any meaning with respect to Rydberg's control of his deviant sexual arousal. T. 1006. Dr. Hoberman testified that Dr. Reitman's opinion is clearly inaccurate based on the research literature, the opinion of Dr. Barbo, and the statement of Scott Schaffer. T. 1006-1007. 189. Dr. Reitman's Dr. Hoberman testified that after reviewing Dr. Reitman's testimony,
significant changes in scoring on the risk assessment
Dr. Reitman's scoring is unreliable, psychologist
T. 1010. Dr. Hoberman also testified that as a forensic
it is inappropriate to rely on information in a newspaper, which Dr. Reitman
indicated he did in formulating his opinion. T. 1012.
Dr. Hoberman testified that in the PCL-R scoring manual, it specifically indicates
at page 15 that scores on the PCL-R cannot be used to measure a person pre and post treatment, thus measuring progress in treatment. T. 1013. 191. Dr. Hoberman testified that Dr. Reitman's scoring of the Stable-2007 and failure T. 1014. Dr. Hoberman testified that in addition, sex offenders and its use with respect to
to put the results in his report are problematic.
the Stable-2007 was developed on community-based Rydberg is not appropriate. Id. 192. Dr. Hoberman testified that Rydberg's
most recent outbursts towards staff in
September and October 2011 indicates that he has ongoing issues of entitlement and frustration, and he is not ready for provisional discharge. T. 1015. 193. The court finds the opinions and testimony of Dr. Hoberman credible and
persuasive as they are cited in these findings. It does not find the opinions of Dr. Reitman to be persuasive. REPORT AND TESTIMONY OF DR. PAUL M. REITMAN 194. pp. 1-2. Rydberg selected Dr. Paul M. Reitman as the court-appointed examiner. Ex. 14, curriculum vitae into evidence as Exhibit 6.
The court admitted Dr. Reitman's
Dr. Reitman is a qualified examiner within the meaning of the Minnesota Commitment and Treatment Act, and has served as an examiner before this body. Id. certified. 195. Dr. Reitman conducted his forensic interview of Rydberg on March 3, 2011. The However, he is not board
interview was recorded and transcribed by the Commissioner and introduced into evidence. Ex. 15. The interview appears to be approximately one hour long. Id. On April 21, 2011, Dr.
Reitman conducted a second interview of Rydberg for purposes of completing his report, which was also recorded and transcribed by the Commissioner and introduced into evidence. Ex. 16. 196. Dr. Reitman did not complete and file a report with the court until May 19,2011,
after two days oftrial testimony. Ex. 14. 197. Dr. Reitman attempted to sua sponte file an "addendum" to his report on or about
November 14, 2011, after serious errors in his report were discovered during trial. T. 832-835. Rydberg's counsel attempted to introduce this "addendum" on December 16, 2011, over the objection of the Commissioner, which was sustained. Id. 198. Rydberg admitted that he refused to be interviewed by Dr. Reitman at the time of
his initial commitment in 1993. Ex. 15, p. 1-2. Rydberg indicated he refused because he did not want the Attorney General to hear his statement. Id. Rydberg told Dr. Reitman that he thought his 32 years in prison and in sex offender treatment was strictly "vengeance." 199. Ex. 15, p. 2.
On March 3,2011, during the interview, Dr. Reitman told Rydberg that there is a
legitimate question about his release, and "I know because I've already done your actuarial and risk assessments, and some of them are high .... " Ex. 15, p. 6. Dr. Reitman told Rydberg that his dynamic risk factors, specifically the Stable 2007, and completion of treatment indicated that he had reduced his risk. Id. Dr. Reitman noted file material that Rydberg completed 2,000 hours of unsupervised on-campus privileges since 2003, and 1,200 hours of supervised off-campus privileges without incident. Ex. 15, p. 7. Rydberg asserted that he had 500 hours of being with female staff in a car, off-campus, in the dark. Id. 200. Rydberg told Dr. Reitman that he could obtain an erection. Ex. 15, p. 8. When
Dr. Reitman asked Rydberg if he had a fantasy of one of his rapes, Rydberg asserted that he had "flashbacks." Id. Rydberg claimed that when he masturbates his fantasies are about "pictures."
Dr. Reitman asked again about fantasizing of specific rapes, and Rydberg finally conceded that he did. Id. Rydberg admitted that "power aroused him." Id. When asked how recently he had these fantasies, Rydberg claimed that he had not had any since "at least ten, since before treatment." Id. 201. Regarding his future plans, Rydberg told Dr. Reitman that he wanted to work part
time and draw on social security. Ex. 15, p. 9. 202. When Dr. Reitman asked Rydberg how many victims he had, Rydberg asserted
that he had 94 victims. Ex. 15, p. 11. Rydberg told Dr. Reitman that 50 of those were peeping as a juvenile or indecent exposure. Id. 203. Rydberg told Dr. Reitman that he attended Pathfinders, and his therapist
Warren Maas. Ex. 15, p. 12. 204. Rather than completing his report, Dr. Reitman told Rydberg at page 13 of a 22-
page interview that "I'm gonna support your release, no question about it." Ex. 15, p. 13. Dr. Reitman then discussed another patient with Rydberg and the other patient's patient's contact with a vulnerable female. status and the
Id. Dr. Reitman discussed the Assistant Attorney
General attending the examination and Dr. Reitman's service as the examiner on a notorious commitment case. Ex. 15, p. 14. Dr. Reitman again expressed how he would support Rydberg's release. Ex. 15, p. 15. 205. Rydberg told Dr. Reitman that he had less freedom now than he had six years
before, complained about being escorted, and complained about the GPS system. Ex. 15, p. 16. 206. When Dr. Reitman asked Rydberg if he had ever had an altercation with staff,
Rydberg did not tell the truth and stated he had never sworn at staff, threatened staff, or verbally abused staff. Ex. 15, p. 17.
Dr. Reitman asked Rydberg how he reconciled his previous behavior, which was Ex. 15, p. 19. Rydberg told
"sadistic and torturous and humiliating," with who he is now.
Dr. Reitman that he had programmed himself to have no conscience and it was all about his own feelings. Ex. 15, p. 20. 208. When Dr. Reitman asked Rydberg if he ever sexually offended while on
supervision, Rydberg did not answer honestly and stated he had not, but then stated he was not caught for the crime. Ex. 16, p. 7. Rydberg did not tell Dr. Reitman that his last violent offense in Blue Earth County occurred while on escape status. Id. 209. Dr. Reitman asked Rydberg about how he viewed his sexual assault cycle.
Ex. 16, p. 11. Rydberg stated his offense cycle began as window peeping as a juvenile, and progressed to rape. Id. Rydberg told Dr. Reitman that his sexual assaults stemmed from his view that he was a victim in the world, that this made him angry, and this anger finally multiplied to his first offense. Id. Rydberg told Dr. Reitman that 99 percent of his offenses
occurred while he was intoxicated or using alcohol. Id. 210. When Dr. Reitman asked if he ever explored in treatment how violence aroused
him, Rydberg responded that he had been diagnosed with Sexual Sadism but his thought was pleasing himself not harming others. Id. Rydberg denied hitting his victims. Ex. 16, p. 12. 211. When Dr. Reitman asked about Rydberg's sexual assault of TM and his wife, and involved, Rydberg seemed to blame it on alcohol because it Rydberg then asserted he had "empathy" at one point but This
the rage and "sadomasochism" numbed his feelings. "deprogrammed" Id.
his empathy until it was just about the violence.
Ex. 16, p. 13.
explanation is inadequate to explain his sadistic and cruel behavior with these victims.
Rydberg told Dr. Reitman that his triggers are alcohol, thinking he is a victim, and
deviant sexual arousal if he allowed it to occur. Ex. 16, p. 15. Rydberg told Dr. Reitman that he would like to have a sexual relationship if he is released to the community. Id. Rydberg
complained that "they create all kinds of laws and rules that to me are discriminatory" when discussing his plans for living in the community Id. 213. When Dr. Reitman asked if Rydberg had ever raped his wife or girlfriends, he did
not answer truthfully and stated "no" despite the records that he did engage in date rapes and non-consensual sex with his first wife. Ex. 16, p. 23. 214. When Dr. Reitman asked Rydberg how he would handle being on "ISR" the rest
of his life, meaning supervision, Rydberg complained that it bothered him that his situation is "getting worse and worse and worse .... " Ex. 16, p. 26. 215. Dr. Reitman's report for the first 12 pages are almost direct quotes from portions
of Rydberg's record, references to the testimony of Dr. Hoberman (pp. 12-13), references to "research" he did via email and some publications on alleged release rates of civilly committed patients in other jurisdictions (pp. 15-19), direct quotation of the various conditions included in and incorporated into Rydberg's provisional discharge plan, and only four and one half pages of risk assessment and analysis of Rydberg's mental condition (pp. 14-15,26-27). 216. See Ex. 14.
Dr. Reitman testified that in his opinion he did not believe Rydberg needed a
"secure setting" because Rydberg had been in a transitional setting for 60 months, had never sexually assaulted a female staff member, and never attempted to escape. Id. Dr. Reitman
opined that he relied on the collective opinion of various providers and an unknown individual, who did not find Rydberg psychopathic or manipulative. Larson is a member of the SRB. Id. Id. The court notes that Gordon
Dr. Reitman opined that from an actuarial perspective, Rydberg is at moderate to
high likelihood to reoffend, but ISR could control Rydberg through the conditions Rydberg had to adhere to. Ex. 14, p. 27. Based on Dr. Reitman's understanding of the statutory criteria, Dr. Reitman supported his provisional discharge and did "not believe he poses a high risk to the community." Id. 218. Dr. Reitman testified that he is aware of the concept of confirmation bias, and
agrees that treatment teams under the same roof are susceptible to bias. T. 799. 219. Dr. Reitman believes that Rydberg's self-disclosure of 56 additional, previously
undisclosed victims on his October 2010 polygraph is a very common phenomenon in that they admit more as they progress through treatment. T. 802. 220. Dr. Reitman testified that he completed risk assessments on Rydberg including Dr. Reitman testified that he T. 805. Dr.
the PCL-R, the MnSOST-R, and the Multiphasic Sex Inventory.
reviewed other instruments including the Static-99 contained in the records. Reitman scored Rydberg in the high risk category on this test. Id. 221. 22." T.806.
Dr. Reitman testified that his score of Rydberg on the PCL-R was "about a 20, Dr. Reitman noted the various scores of Rydberg on the PCL-R and stated that his He agreed that Dr. Hoberman's score of +25 is high
score of +20 is not high for psychopathy. for psychopathy. Id. 222.
Dr. Reitman testified that he is also familiar with the SRA-FV that Dr. Hoberman
used. T. 807. Dr. Reitman testified that this is used to measure a person's criminogenic needs. Id. Dr. Reitman testified that Hoberman's high score for Rydberg on the SRA-FV is accurate. T. 808.
Dr. Reitman gave an incorrect statement of the statutory elements for provisional
discharge. T. 818. Dr: Reitman's incorrect understanding of statutory criteria negatively affects the weight of his opinion. 224. On cross-examination, Dr. Reitman admitted that he only included approximately
5 pages original material in his report of a 27-page report, and the remainder was copied from the records or other sources. T. 841; Ex. 14. 225. psychologists' Dr. Reitman testified that in most civil commitments he does not look at the other opinion until after he completes his report, but he did review
Dr. Hoberman's report before he wrote his. T. 844. Dr. Reitman testified that in this case he wanted to review Dr. Hoberman's report to discover the basis of Dr. Hoberman's opinion. Id. 226. . Dr. Reitman testified that he was "aware" that Dr. Hoberman testified Rydberg
manipulated the system and he was concerned that Dr. Hoberman had not conducted a clinical interview. Id. Dr. Reitman testified that he did not have a transcript but knew Dr. Hoberman
made that statement in court. T. 847; Ex. 14, p. 12. 227. When pressed, Dr. Reitman testified that the statement he saw had been in the T. 847. When counsel asked if his opinion is based in part on what he
Star Tribune newspaper.
read in the newspaper, Dr. Reitman admitted that it was. T. 847. Finally, Dr. Reitman admitted that he could not recall if he had a copy of the transcript and testimony prior to completing his report. Id. Dr. Reitman then admitted that although he had not been in the courtroom, testimony and opinion.
Rydberg's counsel provided him with a transcript of Dr. Hoberman's
T. 848. Dr. Reitman testified he obtained the information for his opinion from the newspaper, the transcript, and Dr. Hoberman's report. T. 849.
Dr. Reitman stated that he thought it is inappropriate for any psychologist to make about a person's "traits" without doing a direct clinical interview. T. 849.
Dr. Reitman admitted that in Rydberg's initial commitment proceedings, Rydberg refused to interview with him but he still offered an opinion that Rydberg is a psychopath. Id. 229. Dr. Reitman testified that he conducted two interviews because he was uncertain
and still felt he needed to "hone in" on certain areas before he formulated an opinion. T. 850. 230. Counsel showed Dr. Reitman page 13 of the transcript of his interview on March
3, 2011, and Dr. Reitman agreed that he stated about 30 minutes into Rydberg's first interview that he would support his release. This contradicts testimony from him that he only offered an opinion after both interviews were completed. T. 851; Ex. 15, p. 13. Dr. Reitman finally
conceded that before he completed his testing, or the second interview, or even completed the first interview, he reached a conclusion. Id. 231. Counsel then showed Dr. Reitman Ex. 16, page 24. T.852. Dr. Reitman agreed
that he referred to Rydberg's 94 victims. Ex. 852. Dr. Reitman admitted that at that point he was aware that Rydberg now claimed 150 victims. Id. Dr. Reitman admitted that he was clearly wrong in referring to 94 victims in his interview with Rydberg, and in his report. T.853. 232. Dr. Reitman admitted that on direct testimony one of the reasons he felt an
interview of the offender is important is because offenders will often admit additional victims. T. 854. Dr. Reitman conceded that an offender is not being accountable until they disclose all their victims. Id. Dr. Reitman admitted that accountability is one of the most important factors for a treated sex offender. Id. Dr. Reitman admitted Rydberg was not fully accountable for his victims until November 2010, when he finally disclosed 150 victims on his full disclosure polygraph. Id. Dr. Reitman admitted that the treatment records do not indicate if Rydberg's
treatment staff ever discussed this with him, or what was discussed. T. 855. Dr. Reitman agreed that this failure to discuss the additional victims by his treatment team is not a complete processing of Rydberg's self-disclosure. 233. Id.
Dr. Reitman's testimony regarding the significance of the PPG testing on Rydberg
was inconclusive and not reliable. 234. Dr. Reitman testified that he completed the MnSOST-R and the PCL-R for the
purposes of assessing Rydberg's risk. T. 865; Ex. 14, p. 14. Dr. Reitman testified that Ex. 17 includes his scoring sheets for Rydberg on the MnSOST-R and the PCL-R. Dr. Reitman volunteered that he also sent counsel Rydberg's T. 865; Ex. 17.
scoring on the SORAG and
Violence Risk Appraisal Guide (VRAG). T. 866. Dr. Reitman testified that he scored Rydberg on these actuarial risk assessment instruments. Id. Dr. Reitman then conceded the scoring sheets that he possessed for the SORAG and the VRAG were for another patient, but in Rydberg's file. Id. 235. Dr. Reitman testified that he scored Rydberg as a +7 on the MnSOST-R, "which T. 868; Ex. 14 p. 14; Ex. 17. Dr. Reitman admitted that
is in the high likelihood to reoffend."
this was an error because the cut score for high likelihood on the MnSOT-R is a +8. T. 868. Dr. Reitman then testified that he would add +2 to Rydberg's score, which would actually place Rydberg in the high risk pool of offenders. Id. Dr. Reitman then conceded he made an error
because he failed to score item 13 on the MnSOST-R at all, which should have been a +1. T. 869; Ex. 17. Dr. Reitman finally admitted that with respect to the MnSOST-R he was wrong in initially putting Rydberg in the high risk range with a score of +7, he was wrong in his score of +7, and he was wrong in not scoring one of the items. T.870.
Dr. Reitman testified that he scored the PCL-R.
Ex. 14, p. 14; Ex. 17. continuum.
Dr. Reitman testified that the PCL-R measures psychopathy on a
Id. Dr. Reitman testified that the classic psychopath is one who is manipulative,
deceitful, and has no regard for the conventions of society. T. 871. Dr. Reitman stated one of his concerns with respect to Rydberg is whether Rydberg is psychopathic. 237. Id.
Dr. Reitman testified that during his first interview with Rydberg on March 3,
2011, he told Rydberg he had already scored him on the PCL-R as a +18. T. 871-873; Ex. 15, p. 21. Dr. Reitman testified that he scored it during the interview with Rydberg. T. 872.
Dr. Reitman stated he completed the score in his notes during the interview.
Id. Dr. Reitman
then testified he may have scored Rydberg as a +20 but he told Rydberg a + 18. Id. 238. Dr. Reitman testified he put in his report that Rydberg is a + 18 on the PCL- R.
T. 872. Counsel showed Dr. Reitman his score in his report, and Dr. Reitman conceded that listed a score of +20. T. 872; Ex. 14; p. 14. Dr. Reitman testified and opined that the increase in the score was based on Rydberg's interview, and the information in the file. T. 872; Ex. 14,
p. 14. Dr. Reitman admitted that Rydberg had "sliders" on the PCL-R that do not affect the score but indicate some uncertainty in the scoring of the particular item. T.873. 239. Counsel then cross-examined Dr. Reitman on his scoring sheet on the PCL-R.
T. 873; Ex. 17. Dr. Reitman admitted that he failed to circle either a + 1 or a +2 on the item for pathological lying but indicated a slider between the two. T. 874; Ex. 17. Dr. Reitman testified that he meant to give Rydberg a +1 on that item. Id. Dr. Reitman then added his scores for Rydberg on the PCL-R, and admitted he made an error and Rydberg's score is actually a +24. Id. Dr. Reitman admitted it was an error to indicate in his report that he scored Rydberg as a +20. Id. Dr. Reitman admitted that due to his errors on the PCL-R, his initial score of Rydberg
is almost two standard deviation of errors away from Rydberg's reflected in his scoring sheets. Id. 240.
true score on the PCL-R,
Dr. Reitman conceded that his errors were significant because once a patient's on a continuum. T. 875.
score on the PCL-R hits 24 or 25 it indicates high psychopathy
Dr. Reitman admitted that Rydberg had much higher psychopathy than he reported, and he was in error. Id. 241. The court finds that Dr. Reitman's report is not credible or persuasive. Dr.
Reitman admits that he did not have an independent opinion and had reviewed the expert's report before offering his opinion, and although not prohibited, Reitman's objectivity. this raises questions about Dr.
Dr. Reitman's vacillation about whether he reviewed testimony before Dr. Reitman's
completing his report also raises questions about the credibility of his opinion. statement approximately 30 minutes into his first interview
that he supports Rydberg's objectivity, and how he
provisional discharge raises additional questions about Dr. Reitman's formulated his opinion.
If as Dr. Reitman testified he needed additional information, his
statement after 30 minutes into the first interview completely contradicts his testimony that he needed further information. TESTIMONY OF TM 242. The Commissioner called TM as a witness over the objection of Rydberg. T. 13-
14,32. TM testified that he and his wife both strongly objected to, and feared Rydberg's release. Id. 243. TM, and his wife JM, were sexual assault victims of Rydberg in Wisconsin on
June 4, 1975. T.35. TM testified they lived in the country on six acres with their child when Rydberg destroyed their lives. T.35.
TM testified that Rydberg entered their house with a sawed-off shotgun, raped his The sexual assaults were done in a cruel, degrading, and sadistic The three experienced
wife, and raped him. T.35. manner.
Rydberg also threatened their young child and robbed them.
trial judges on the panel have not dealt with more serious, violent, and sadistic sexual assaults. TM's testimony was courageous and dignified. 245. TM testified that the incident "never goes away," and there is a always a trigger Id. TM testified that he and his wife had
that brings back the horror of the sexual assault.
always been involved in the process of Rydberg's commitment, including numerous hearings where Rydberg has tried various legal maneuvers. T. 45. TM testified that based on his
involvement since the beginning, he did not believe Rydberg is ready for provisional discharge. Id. TM testified that based on his involvement, it appeared that Rydberg merely "learned how to play the system." Id. TM asked the court to keep Rydberg in his current treatment setting. Id. The court finds TM's testimony credible and persuasive, particularly with respect to Rydberg's sexual sadism. TESTIMONY OF JOHN H. RYDBERG 246. On March 4, 2011, the Commissioner called Rydberg as a witness. Rydberg
currently lives in St. Peter, Minnesota, outside of the secure perimeter in a house that is a residence for civilly committed sex offenders. House. It is a house built in approximately This is commonly referred to as the Halverson 1930 with a typical kitchen, a living room, two
bathrooms, a staff office, and a large yard. There are surveillance cameras throughout the house, which is located immediately to the left when coming onto the St. Peter campus of DHS. He lives in the house with two other civilly committed sex offenders.
as a psychopathic
and had only been
interviewed by Dr. Reitman the day before the trial started. T. 52. Rydberg testified that similar to his initial commitment in 1995, he refused to be interviewed in this case by
Dr. Hoberman. 248. Rydberg's date of birth is February 8, 1942. Rydberg minimized his feelings
towards his parents when asked if he hated his parents as reflected in the records, blaming it on a lack of connection. Id. Rydberg finally admitted that it was his lack of emotional connection T. 53 Rydberg admitted that this was one of many things that
that made him feel isolated.
started his sexual assault cycle. Id. 249. When asked if he is an "angry man," Rydberg minimized this by testifying he had T. 55. Finally, he conceded that he had an anger Id. Rydberg then minimized his anger by
said that "probably when I was angry."
problem "in the past" that was not "the best."
testifying that when he offended he did not have control over his anger but he had control at other times. Id. 250. Rydberg did not finish high school and dropped out his senior year. Rydberg
denied that his stealing his parents' car and running away to California with other kids had anything to do with not finishing high school. T 56. 251. At trial, Rydberg became combative and defensive stating that he did not disagree
with the record and only wanted to "argue my point about getting out." T. 57. Rydberg admitted he had done a lot of serious things and claimed he "had taken accountability for them." Id.
Rydberg admitted that during his two previous civil commitments in Wisconsin to MMHI and Central Hospital, that he had told them he did not want to hurt anybody again, but did anyhow.
T. 58. Rydberg testified that he probably meant it then, but offended anyhow. admitted that he is saying the same things now. Id. 252.
When asked if he is a sex offender, Rydberg testified that he is a "recovering sex When pressed, Rydberg finally admitted he is a sex offender. Id.
offender." T.59. 253.
Rydberg could not immediately answer the question as to what is his current
diagnosis. Id. T. 60. Rydberg testified that he could not readily identify his current diagnosis despite receiving treatment at both MSOP, CPS and Pathfinder. Id. 254. Rydberg then said he could "guess" as to his current diagnosis as "one of them is
sadism, one of them is alcohol abuse in a controlled environment, one of them is antisocial personality disorder, NOS." Id. 255. When asked if one was Sexual Sadism, Rydberg responded that is the diagnosis.
Id. When asked about his diagnosis of exhibitionism, Rydberg denied that the diagnosis fits him, only that "somebody thinks so." T.62. 256. Rydberg provided his understanding of his diagnosis of Sexual Sadism as intent to Id. Rydberg responded "no" when asked if he
inflict pain and humiliation as a motivation.
agreed with his diagnosis of Sexual Sadism. Id. When asked again, Rydberg again stated he engaged in sadistic behaviors, but "I don't think I'm a sexual sadist." Id. 257. When asked if his sexual assaults against TM and 1M were a result of his Sexual
Sadism, Rydberg minimized his behavior and claimed it was sadistic behavior but not a manifestation that he is a Sexual Sadist. Id. When pressed further, Rydberg became defensive and stated "my position is what people are labeling me." T. 64. Rydberg finally admitted that he obtained pleasure from humiliating and harming his victims.
Rydberg identified that an antisocial personality disordered person is a person Id. Rydberg testified that he
who has difficulty following the laws and rules of society. disagreed with that diagnosis as well. Id. 259.
Rydberg testified that despite his sexual assaults his position is that Sexual T. 73.
Sadism is another "label" that he acquired, but he did not feel he fit the diagnosis.
Rydberg made the same minimization 30 years before when he was civilly committed to MMH1 in Wisconsin. T. 73; Ex. 9-005. 260. Despite masturbating a 4-year-old boy, and having sexual contact with TM, T. 74. This was not a credible
Rydberg denied any sexual interest in juvenile boys or men.
statement. Id. When asked if his sexual assaults were about humiliation, Rydberg responded "I can't answer that question." T. 75. Rydberg finally answered in a defensive manner that "1 was trying to get a thrill" when he assaulted TM and 1M. Id. 261.
Rydberg testified as to the stress that his marital relationships caused, which lead T. 77. Rydberg admitted that he blamed his
part to some of his sexual offending.
relationships with his two ex-wives in part for his offending. Id. Rydberg stated at the time he thought his wife had been cheating on him. T. 78. Rydberg testified that he now believed the offenses were not his wives' fault but his inability to control his "stress." T. 78. Rydberg
admitted that there had been no exploration of this "stress" or why he committed his earlier offenses against children in any of his treatment settings. T. 79. 262. Rydberg conceded that he had "stress" all through his life, and stated that it's how
he handled stress that lead to his sexual offending. T. 80. As recently as December 28,2010, he wrote that he correlated his rapes to times that he was in a serious relationship. T. 81. He
became defensive during his testimony and said that he did not correlate his rapes to when he
was in a serious relationship. Id. He then became argumentative and admitted he lied repeatedly in treatment because, "I've made a lot of statements that weren't true because I'm looking for answers." Id. 263. When questioned by counsel, Rydberg admitted that for approximately 22 years,
from 1975 to 1998, he was in denial. T. 99. Rydberg became defensive and argumentative when it was pointed out that for 22 years he did not progress in treatment because he refused to sincerely participate in treatment. T. 100. 264. Rydberg conceded that he made the same statement in 1976 in Ex. 9-005, as he
did in 2010 in Ex. 2-1727 (his full-disclosure polygraph), that he did not want to hurt or humiliate anybody during his crimes but only focus on his pleasure. that this is the same position he held over 35 years oftreatment. 265. Id. T. 102. Rydberg testified
Rydberg testified that his many complaints and confrontations with staff were a
result of his stance that he is a victim ofthe system. T. 105. Rydberg admitted that from 1993 to 1998 he refused to even participate in psychological evaluations at MSOP and hoped to get out through legal challenges. Id. Rydberg claimed he changed his mind in 1998 because "I got tired of being angry, upset, and miserable." T. 106. 266. Rydberg chafed under restrictions while at St. Peter. T. 109. Rydberg conceded
that he told the staff that he was going to take "the fucker" off, referring to his bracelet, on May 1, 2005. T. 109; Ex. 2-363. Rydberg conceded that on July 21, 2006, he refused to go on
outings because he would not consent to pat searches. T. 109; Ex. 2-387. Rydberg testified that he did not like the rule because that is not how the program used to do it. T. 110. Rydberg admitted he did not like rules or restrictions because "it is like going backwards." Id.
Rydberg testified that on April 4, 2007, he became upset with staff because there
was a lock-down and increased window checks. T. 110; Ex. 2-426. Rydberg admitted he chafed under the restrictions and blamed the program. Id. Rydberg admitted that on July 6, 2007, when he was told his transfer to CPS had been granted, he refused to go because he did not like the way they were running things there. T. 110. Rydberg admitted that in February 2008, he
complained because the telephone calls were monitored and it was different than CPS for Ml&D patients. T.112. 268. ofGPS. T.l13. 269. Counsel questioned Rydberg about Ex. 2-511 where the OSI agent reviewed Rydberg conceded that on March 3, 2008, he forgot his MTD, an earlier version
Rydberg's journal on March 3, 2008. T. 115; Ex. 2-511. The agent noted that Rydberg claimed "1 have shown I can control my sexual urges and thoughts for 30 years." T. 115; Ex. 2-511.
Rydberg admitted he claimed he had this control even when he was at MMHl in Wisconsin. Id. Counsel pointed out to Rydberg that even he admitted he was still having violent sexual fantasies, was refusing treatment, and masturbating to violent fantasies. T. 115-116; Ex. 2-511. Id.
Rydberg claimed "that doesn't mean 1 ain't controlling them. 1 haven't harmed anybody." This is a cognitive distortion. T. 116. 270.
Rydberg admitted that on May 1,2008, his treatment team sat him down and told
him that his personality conflicts with staff and complaints had become so great that if they continued it would appear that he could not handle lesser restrictions. T. 117.
Rydberg conceded that he became upset when he could not purchase lottery
tickets in January 2009. T. 119. Rydberg did not think gambling was a problem, even though he has an obsessive compulsive disorder. Id. 272. absorbed, thinking. Rydberg testified that his internal risk factors included feeling powerless, selfnegative focus, stuffing feelings, and obsessive compulsive
T. 126. Rydberg conceded that even as recently as the SRB hearing that week, he
claimed where he would be placed in the community would be more restrictive than where he is now. T. 127. ITP. T. 127. 273. The court finds that Rydberg is not credible or persuasive with respect to his The record is replete with examples of his continuing deviant Rydberg conceded this belief on his part is a negative focus in violation of his
request for provisional discharge.
sexual arousal, his lack of insight into his behavior and diagnosis, his manipulative behavior with respect to staff, and emotional dysregulation. During his testimony, the court was very
concerned by his displays of anger and impatience because his anger is one of his high-risk factors which clearly is not well managed. 274. Based on all the file, Rydberg's testimony is not credible or persuasive in support If anything, Rydberg's testimony is supportive of maintaining him in
of provisional discharge.
his current treatment setting or moving him back to a more restrictive setting than
TESTIMONY OF RICHARD JAMES GARDELL 275. Richard James Gardell (Gardell) testified on behalf of Rydberg. T. 373. Gardell T. 374.
is the Chief Executive Officer of 180 Degrees Incorporated. 276.
180 Degrees is a nonprofit organization that provides correctional and human Id. Gardell represents Community Re-entry
services work for adult and juvenile offenders.
Services, which provides
services for individuals
who are returning to the
community after incarceration.
Id. Community Re-entry Services is a subsidiary of 180 Degrees
specifically designed to provide halfway house services for civilly committed patients. Id. They have not had any clients as of the date of his testimony. Id. 277. Community Re-entry Services has a contract with the DHS and the State of Gardell testified the range of services provided residential board and lodging, case
Minnesota to provide these services. Ex. 8-003.
to DHS and Rydberg would consist of transportation,
management, security, accountability services, and connecting with treatment providers. Id. 278. Community Re-entry Services would house Rydberg at one of their facilities at T. 377. The
5730 Olson Memorial Highway, Golden Valley, Hennepin County, Minnesota. capacity of that facility is 18 persons. Id. 279.
Gardell testified that the facility would have a curfew and an "accountability Staff obtains information on
process," including tracking offenders while outside the facility.
the client such as Rydberg, and becomes familiar with the individual including their triggers and how they react to stress. 280. The accountability process for Rydberg would include 24-hour staffing, closed
circuit television, GPS monitoring run by DHS, communication with Rydberg's case manager, and a case manager who is their employee. triggers if the doors are opened after curfew. T. 380 - 381. The facility also has an alarm that T.381. Rydberg could not have a cell phone, and
could have access to a computer only for job-seeking activity. Id. 281. There is a process for monitoring a person like Rydberg when he is out of the T. 385. This may include accountability phone calls, a daily planner,
facility in the community.
and GPS run by DHS. T.386.
Gardell testified that his expectation is that Rydberg would only reside at the
facility for six months. T. 387; Ex. 8-001. 283. Gardell testified that his organization has no previous experience with civilly T. 390. Gardell testified that Rydberg would be mixed in with other T. 391. Gardell testified that in the
offenders who were primarily being released from prison.
previous year, 30 percent of their clients failed their program and went back to prison. T. 392. TESTIMONY 284. OF SCOTT EUGENE HALVORSON T. 405. Halvorson
Rydberg called Scott Halvorson (Halvorson) as a witness.
testified that he is a reintegration specialist with MSOP.
T. 406. Halvorson testified that as a
reintegration specialist, he would mange and supervise civilly committed sex offenders who are transitioning to the community, including Rydberg. T. 406. Halvorson has a major in law
enforcement, has worked for the Department of Corrections, served as a probation officer, and supervised intensive supervision of sex offenders for one year in Rice County, Minnesota. 407. 285. Halvorson currently meets weekly with Rydberg, and is preparing for his T.
provisional discharge. MSOP. Id. 286.
T. 408. Halvorson often transports Rydberg on his outings outside of
Halvorson explained that DHS uses active GPS to monitor Rydberg, which means T. 414. Halvorson explained that if he is in an
Halvorson can check on what Rydberg is doing at anytime.
the GPS also has inclusion and exclusion zones, which trigger notifications
exclusion zone. Id. Halvorson explained they can also go to a website and check on his "tracks" to tell them where Rydberg has been. T. 415.
The court finds Halvorson credible but not persuasive in support of Rydberg's The court finds that Halvorson is not persuasive with regard
petition for provisional discharge. to Rydberg's supervision.
Halvorson admitted, which is buttressed by the testimony of other
MSOP staff, that whatever discussion took place with Rydberg about his testimony regarding the full-disclosure polygraph was not included in the information nor was the information charted where he could review it. persuasive. This failure to collaborate makes Halvorson's testimony not
This lack of collaboration provides persuasive evidence that gaps exist in the proper
supervision of Rydberg. TESTIMONY OF DR. ELIZABETH J. BARBO, Ph.D., L.P. 288. Rydberg called Dr. Elizabeth J. Barbo, Ph.D., L.P., as a witness. T. 446.
Dr. Barbo is employed at MSOP as a program assessment director, and as the acting assistant facility director at MSOP Moose Lake. Id. Part of her duties include oversight of assessment psychology staff, which includes the completion of Sexual Violence Risk Assessments. T. 448.
This department is separate from the clinical department and not part of the treatment team. Id. 289. Dr. Barbo has met Rydberg on one occasion. T. 447. Dr. Barbo and Dr. Angela
van der Walt, Psy.D., L.P., completed Rydberg's Sexual Violence Risk Assessment for purposes of his SRB hearing. T. 451; 2-069. Dr. Barbo testified a record review is done, an interview
with the patient, and the treatment team is consulted. T.453. 290. Dr. Barbo testified that she and Dr. van der Walt scored Rydberg a +9 on the They did not use the MnSOST-R with
Static-99, placing him in the high risk category. T.455.
respect to Rydberg because the Minnesota DOC only recommends it for persons who are coming out of prison. T. 456. Dr. Barbo and Dr. van der Walt used the PCL-R regarding Rydberg, and
the score can increase and decrease over time "depending on what the person continues to do or
doesn't do over time."
Dr. Barbo testified that she is aware that there were widely
divergent scores for Rydberg. Id. Dr. Barbo testified that it was her understanding that the score can be lowered "if someone has decided to change behaviorally over time." T. 458. Dr. Barbo testified that based on Rydberg's behavior during treatment, Dr. van der Walt and she scored Rydberg as a + 15. T.459. 291. Dr. Barbo testified that they used the Stable 2007 and the Acute 2007 to assess
Rydberg's dynamic risk factors. He scored a +4 on the Stable 2007, placing him in the moderate risk category. T. 462. 292. Dr. Barbo testified that it is her opinion that Rydberg had demonstrated an
acceptable level of change that indicates a reduction of risk in recidivism based on criminogenic needs. T. 465. 293. Dr. Barbo testified that she and Dr. van der Walt make four recommendations to T. 466; Ex. 2-068. Id. These include Rydberg focusing on
the treatment team in the report. reducing his dynamic risk factors. could meet the recommendations
Dr. Barbo deferred any opinion on whether Rydberg T. 466. Dr. Barbo
in a community halfway house.
acknowledged that Rydberg does not cope well or manage his negative emotions when "he is under more emotions .... " T.467. completely managed." in CPS. T. 468. 294. Dr. Barbo testified the crucial issue for Rydberg is his deviant sexual preference Dr. Barbo testified that "I couldn't say for sure that it's been
Id. Dr. Barbo acknowledged he can work on his deviant sexual arousal
and that he would need to demonstrate a lack of deviance on an "objective measure of sexual interests and sexual arousal." T.469.
Dr. Barbo believes that when compared to other male offenders, and examining
Rydberg's static .and dynamic factors, Rydberg is in the "very high risk category." T.469. 296. The SRB evaluation report was shown to Dr. Barbo that reflected Rydberg's of his successful management of his deviant sexual
response on the PPG as representative
arousal templates, and Dr. Barbo stated she would not characterize the PPG result that way. T. 481; 2-037. Dr. Barbo conceded that the SRB evaluation report did not reflect the conclusions she drew in her PPG report. Id. 297. Dr. Barbo does not think it is important for somebody like Rydberg to accept their
diagnosis of sexual sadism. T. 484, Ex. 2-062. 298. The court finds Dr. Barbo credible but not persuasive in support of Rydberg's The court finds that the Sexual Violence Risk Assessment
petition for provisional discharge.
should not have used the Stable-2007 as testified to by Dr. Hoberman, and it appears from Dr. Hoberman's testimony that the PCL-R in the Sexual Violence Risk Assessment is inaccurately scored by crediting Rydberg's participated in Rydberg's progress in treatment. The court also finds that Dr. Barbo and by making
treatment by completing the PPG interpretation
Although Dr. Barbo should be credited with attempting to conduct an
assessment outside the treatment team, it does not appear that was followed. 299. In addition, the court finds Dr. Barbo's PPG interpretation credible and persuasive
but is concerned that the result was not accurately reported to the SRB, and no steps were taken to correct the errors. 300. The court finds that Dr. Barbo's testimony or reports do not support Rydberg's
provisional discharge, and in fact support maintaining Rydberg in his current treatment setting. The court further recommends that MSOP explore Rydberg's flat-line response on his PPG as
suggested by Dr. Barbo to determine objectively whether he is attempting to suppress his deviant sexual arousal or if there is another factor at play such as his medications. testimony, if anything, supports denial of provisional discharge. Dr. Barbo's
OF JERRY FJERKENSTAD,
M.A., L.P. Fjerkenstad is
Rydberg called Jerry Fjerkenstad, M.A., L.P., as a witness. T.527.
employed by MSOP as a clinical supervisor of CPU, MSI, and CPS, including Halvorson House where Rydberg resides. T. 527-5228. He testified that treatment in 1998, at the time Rydberg
went through MSOP, primary treatment focused on behavioral compliance, where as now it is based on risk, needs, and responsivity. Id. 302. Fjerkenstad is acquainted with Rydberg from CPS, first as a supervisor, and then
as his primary therapist for a short period of time after Scott Schaffer left in November 2010. T. 556. Fjerkenstad is part of Rydberg's treatment team. T.557. 303. Fjerkenstad testified that when Rydberg petitioned for provisional discharge, the
treatment team did not object because they believed Rydberg is ready for the next step. T.559. 304. Fjerkenstad testified that Rydberg's current risk factors in his ITP include
relationship stability, negative emotionality, and his deviant sexual arousal. T. 563-564. 305. On cross-examination Fjerkenstad testified that the "perpetrator self," as he
defines it, includes the constellation of behaviors and attitudes, including the person's diagnosis. T. 608. Fjerkenstad testified that it is useful if an offender knows his diagnosis. T. 608.
Fjerkenstad testified that the offender should be able to acknowledge his diagnosis and provide the behaviors that are the foundation of his diagnosis. T. 609.
Fjerkenstad testified he was present in the courtroom when Rydberg denied his Id. Fjerkenstad would not answer if Rydberg's
diagnosis of Sexual Sadism and Exhibitionism.
denial of his diagnosis is problematic or not. T. 610. Fjerkenstad then testified he did not see it as a problem that Rydberg denied his diagnosis because the offender "might take umbrage at the actual diagnostic label itself." T. 613. Fjerkenstad testified that it is more important in regard to responsivity that the patient take ownership of the traits that are associated with the diagnosis. T.612-613. 307. Fjerkenstad testified that Rydberg still suffers from emotional dysregulation as a
risk factor. T. 623. Fjerkenstad admitted that Rydberg's second ex-wife Sue had been a reported source of his emotional dysregulation in the past. T. 624. 308. Fjerkenstad testified that before not objecting to Rydberg's petition for
provisional discharge, they expected him to pass a full-disclosure polygraph.
T. 626. The full-
disclosure polygraph was completed at the end of October 2010 and reported on November 2, 2010, was completed after the SRB review hearing. Fjerkenstad admitted that he reported to the SRB that he completed a polygraph, but the polygraph was only a security polygraph not the full-disclosure polygraph. Id. 309. Fjerkenstad admitted that Rydberg's claim to the polygraph examiner that he did T.631. Fjerkenstad He could not The court was
not include victims who he did not have sexual contact with is problematic.
testified that he believed the treatment team addressed this issue with Rydberg. point to any documentation that they had addressed the issue. astounded when Fjerkenstad T. 633, 634.
testified that he thought the treatment
team had addressed
Rydberg's recent disclosure of additional victims but nothing was included in notations or chart
notes and Fjerkenstad himself, as Rydberg's primary therapist, did not delve into this issue of additional victims. 310. Fjerkenstad admitted a large part of Rydberg's support system is his contact with T. 639. Fjerkenstad admitted that his aunts withdrew from Rydberg
his two elderly aunts.
because despite their closeness, he had not disclosed the full extent of his offending to them. T. 640. 311. Fjerkenstad admitted that Rydberg still struggled with his second risk factor of
negative emotionality. T.641. 312. Fjerkenstad acknowledged that Rydberg's deviant sexual arousal is Rydberg's T. 645. Fjerkenstad testified the focus is on all of Rydberg's behavior,
third risk factor.
including sadistic behavior, exhibitionism, stalking, deviant fantasies, and the non-sexual contact victims Rydberg had not disclosed before the full-disclosure polygraph. T. 645-647.
Fjerkenstad admitted that in October 2009, Rydberg had a deviant sexual fantasy that he masturbated to and ejaculated. T. 648; Ex. 2-1044. 313. Fjerkenstad admitted that Rydberg's last deviant sexual fantasy was not 2005, as
he had testified, but 2009. Id. Fjerkenstad admitted that there appeared to be a discrepancy in Rydberg's report to Pathfinder and MOSP of this deviant sexual fantasy and ejaculation. T.651; Ex. 3-212. 314. The court does not find Fjerkenstad's testimony persuasive regarding whether
Rydberg meets the criteria for provisional discharge. TESTIMONY 315. 2011. OF WARREN MAAS, M.A., L.P., JD
Rydberg called Warren Maas, M.A., L.P., J.D., as a witness on November 4,
T. 677. Warren Maas is the Executive Director of Pathfinder, and Rydberg's primary
T. 678. Maas is responsible for the day-to-day activity of Pathfinder, and supervises
the administrative director and the clinical director. T.679. 316. Maas previously served as an attorney in private practice and 10 years as the Id. Maas served as the
coordinator for Hennepin County Commitment Defense Project.
attorney for 32 men who were brought under civil commitment as sexually dangerous persons or sexual psychopathic personality. 317. T. 680.
Maas admitted that he carried a bias from his years as a coordinator of the
Hennepin County Commitment Defense Panel. T. 727. Maas also admitted that his opinion is affected by his previous role as an advocate. Id. 318. T. 689. Maas testified he started meeting with Rydberg
Maas testified that if Rydberg were granted provisional
discharge, the services When asked what would
Pathfinder would provide to Rydberg would change very little. T.693.
happen if a problem came up with Rydberg, Maas stated he would "assume" it would start with a phone call to Rydberg's reintegration specialist. Id. 319. Maas admitted it is an unhealthy thing for Rydberg to have outbursts with staff as T.696. Maas admitted
reflected in Ex. 3-191. T. 695. Maas referred to it as "backsliding."
there were multiple times where Rydberg lost his composure with staff, including just the week before this hearing date. T. 698. 320. Maas testified that Rydberg had described as precursors to his sexual assaults
problems that Rydberg had with his ex-wife Sue. T. 753. Maas admitted that despite this, they were now encouraging Rydberg to have a relationship of some kind with her. Id. Maas admitted that reestablishing this relationship is "dangerous." Ex. 754.
321. 27, 2011.
Maas admitted that Rydberg had very negative emotions as recently as September T. 765; Ex. 3-271. Maas admitted Rydberg was ill-tempered even about positive
events. T. 765 - 766; Ex. 3-271. 322. Maas testified that Rydberg is one of the most dangerous patients he had ever
dealt with. T. 768. 323. The court finds Maas' testimony not persuasrve and
fact supports the
maintenance of Rydberg in his current treatment setting. TESTIMONY OF JAMES SCOTT SCHAFFER 324. The Commissioner called James Scott Schaffer (Schaffer) as a witness. T. 992.
Schaffer is currently employed at MSH as a primary clinician, dealing with developmentally delayed and MI&D patients who are sex offenders. Id. He has known Rydberg since 2004. T. 993. 325. Rydberg's Schaffer admitted that at Ex. 2-036 - 2-037 he erroneously PPG flat-line response was satisfactory and a representation indicated that of successful
management of Rydberg's deviant sexual arousal, and that in examining Dr. Barbo's interpretive results he did not accurately state the conclusions and he was in error. CONCLUSIONS OF LAW 1. 2. Minn. Stat. §253B.185, subd. 12 (2010) governs a provisional discharge. Appellant has requested a change in his custody status, and he bears the burden of Minn. Stat. §253B.19, subd. 2(d)(2010). To meet his burden
going forward with the evidence.
of production, the Appellant must present some competent evidence to show that he is entitled to the requested relief. Coker v. Ludeman, 775 N.W. 2d 660 (Minn. Ct. App. 2009)
The court concludes as a matter of law, and without dispute from the parties, that
the SRB findings recommending that Rydberg meets the criteria for provisional discharge is sufficient to show Rydberg met his burden of persuasion to shift the burden to the
Commissioner. 4. evidence that The Commissioner, and Blue Earth County, presented clear and convmcmg
Rydberg is NOT capable of making an acceptable adjustment to open society.
Based on the all the evidence, the testimony, and the credibility and persuasiveness of the evidence, the panel is NOT satisfied that Rydberg can make an acceptable adjustment to open society on provisional discharge. Minn. Stat. §253B.185, subd. 12 (2010). 5. In determining that Rydberg is NOT capable of making an acceptable adjustment
to open society on provisional discharge, the court concludes that the Commissioner presented clear and convincing evidence that Rydberg's course of treatment and present mental status indicate that Rydberg is still in need of treatment and supervision in his current treatment setting. Minn. Stat. §253B.185, subd. 12 (1) (2010). 6. In determining that Rydberg is NOT capable of making an adjustment to open
society on provisional discharge, the court concludes that Commissioner presented clear and convincing evidence that the conditions of his provisional discharge plan do not provide a reasonable degree of protection to the public or would allow him to successfully adjust to open society in light of the court's Conclusion of Law above. Minn. Stat. §253B.185, subd. 12 (2) (2010).
ORDER FOR JUDGMENT The Special Review Board's Findings of Fact and Recommendation that Rydberg be
granted a provisional discharge under his civil commitment as a Psychopathic Personality are not adopted, and Rydberg's Petition for a provisional discharge is DENIED. Rydberg remains Minnesota indeterminately committed as a Psychopathic Personality to the
Sex Offender Program (MSOP) in his current treatment
setting at Community
BY THE COURT
Ju ge of Distnct Court
Judge of District Court
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