The Appeals Court ruling came in challenge by Ming Sen Shiue to his indefinite civil commitment in 2010.
Ming Sen Shiue, incarcerated three decades ago for killing a 6-year-old boy and raping his former high school teacher, was denied release from his indefinite civil commitment Monday by the Minnesota Court of Appeals.
When Shiue, now 63, became eligible for parole in 2010, Anoka County officials filed a petition to have him committed indefinitely to the Minnesota Sex Offender Program in Moose Lake if he was ever released. For a federal life sentence like Shiue’s, parole can be denied only if the offender frequently violated major prison rules or if the U.S. Parole Commission in Washington, D.C., believes there is “reasonable probability” the person will reoffend if released.
In her 40-page ruling to commit him, Judge Jenny Walker Jasper raised concerns that several key questions pertaining to parole weren’t clearly answered during the seven-day commitment trial. She wanted to know if Shiue could receive sex offender treatment in federal prison if he wasn’t paroled or if and when he might be paroled.
Shiue doesn’t have an approved release plan, and he can’t be considered for parole until a plan is approved, the judge wrote. He’s eligible for parole every two years, but his most recent request for parole was denied.
Shiue’s crime spree shocked Minnesotans in 1980 when he acted on a longtime sexual fantasy about Mary Stauffer, his former high school algebra teacher. He kidnapped Stauffer and her 8-year-old daughter, holding them for seven weeks in his Roseville home. He killed Jason Wilkman after the boy saw the Stauffers in the trunk of Shiue’s car when he stopped in a park during the kidnapping.
He repeatedly raped Stauffer and videotaped some of the attacks. During his criminal trial, Shiue attacked Stauffer with a knife while she was on the witness stand. Her wounds required 62 stitches. A religious woman, Stauffer vowed this horrific period in her life wouldn’t define her.
In its short ruling, the Court of Appeals said the District Court didn’t violate Shiue’s due-process rights. That court was correct when it ruled Anoka County had jurisdiction to file a civil commitment petition, it said.
David Chanen • 612-673-4465