Minnesota v. Final Exit Network - Omnibus Motions Hearing

This morning, I attended the omnibus motions hearing in the Dakota County, Minnesota criminal case against the Final Exit Network and five individual FEN defendants.  The primary defense motion attacks the constitutionality of the statute under which the defendants are charged, Minn. Stat. 609.215.



That statute provides:  "Whoever intentionally advises, encourages, or assists another in taking the other's own life may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both."  



While most states criminalize assisted suicide, they limit the scope of that prohibition to material assistance.  Minnesota is one of just five states that extends the prohibition to mere "advising."  FEN, through its regular counsel Robert Rivas, made a powerful case that this violates the First Amendment.  The prosecutors' opposition was neither cogent nor compelling.  



Judge Asphaug indicated that she would issue a decision in around two or three weeks.  However she rules on the motion (dismissing the indictment or allowing an interlocutory appeal if she denied it), the ruling will probably be immediately appealed, even though the core First Amendment question may soon be addressed by the Minnesota Supreme Court in State v. Melchert-Dinkel.