MINNEAPOLIS, March 19 The Minnesota Supreme
Court on Wednesday reversed a former nurse's convictions for
coaxing two depressed people to kill themselves, ruling that
parts of a state law making it a crime to encourage or advise a
suicide are unconstitutional.
William Melchert-Dinkel, 51, was convicted in 2011 of
encouraging and advising a British man and a Canadian woman to
kill themselves within days of chatting online or exchanging
emails with him. He was sentenced to a year in jail.
While the state has a compelling interest in preserving
life, the prohibition on advising or encouraging suicide is
broad enough to permit prosecutions for general discussions of
suicide with specific individuals or groups, the court found.
The state Supreme Court upheld a part of the state law that
makes it a crime to assist a suicide, finding that it was drawn
narrowly enough to focus on an individual, and returned the case
to the trial judge for further proceedings.
Melchert-Dinkel's attorney, Terry Watkins, and Rice County
Attorney Paul Beaumaster could not be reached immediately for
comment on the decision.
Melchert-Dinkel had posed online as a suicidal female nurse
and advised people on the length and thickness of rope needed
for a successful hanging among other topics. He argued that his
conduct amounted to free speech.
Mark Drybrough, 32, of Coventry, England, hanged himself at
his home in July 2005. Nadia Kajouji, 18, of Ottawa, jumped into
a river in March 2008 wearing ice skates.
A British woman who had frequented a chat room where people
discussed suicidal thoughts warned police in 2008 that she
suspected an online predator was encouraging suicides. Police
linked Melchert-Dinkel to related email addresses.
He told police during an interview he had participated in
suicide-related chat rooms for about four years, had asked
people to transmit their suicides online using a webcam and had
entered into suicide pacts with no plans to kill himself,
according to court papers.
Melchert-Dinkel, of Faribault, Minnesota, had entered a plea
in which he accepted the evidence against him and allowed Judge
Thomas Neuville to decide whether his actions constituted a
crime while preserving his right to appeal.
(Reporting by David Bailey; Editing by Scott Malone and Tom