Former Republican Gov. Tim Pawlenty and DFL Gov. Mark Dayton now share one maÂjor headÂache: The vexing polÂiÂtics of sex ofÂfendÂer policies.
Finding the right solutions for dealing with the worst sex offenders in the state has long eluded the highest elected official in the land.
The leader this time, Dayton, has been hit hard by riÂvals for the state's role in potentially movÂing some civilly committed sex ofÂfendÂers and for not opÂposÂing the reÂlease of another.
SeriÂal rapÂist Thomas DuÂvall, who served his prison term, has long been locked in a state hospital. DuÂvall's crimes, conÂfesÂsions and fanÂtaÂsies were aired in news reports as he apÂproachÂes reÂlease. Like most of the 700 sex ofÂfendÂers now civÂilÂly comÂmitÂted in hosÂpiÂtals, the horrific accounts cause nightÂmares for poliÂtiÂcians and voters alike.
But, the legal thinking goes, grave constitutional questions arise if the state never releases any sex offender from civil commitment after their prison terms, creating de facto life sentences. The state is allowed to keep them locked up only because it promises to be treating them. If no one ever completes treatment, the courts could strike down the whole program.
AfÂter enduring a steady bashÂing for not taking a tougher stand, parÂticÂuÂlarÂly from Republican guberÂnaÂtoÂriÂal conÂtendÂer Kurt Zellers and the state Republican Party, the governor hit back.
SayÂing "poÂlitÂiÂcal grandstanding" and gamesÂmanÂship were destroying fruitÂful disÂcusÂsion, he closed the door on supÂport for fuÂture reÂlease of sex ofÂfendÂers until legisÂlaÂtive proÂpoÂsals emerge to fix the beÂfudÂdling sysÂtem.
Much of Dayton's exÂperiÂence is reminiscent of the way the issue roiled parts of PawÂlentÂy's term.
PawÂlentÂy, like Dayton, had a strong law-and-ordÂer reputation. But he spent years grapÂpling with critÂiÂcism over his handling of sex offenders and proÂposÂing poliÂcies to find solutions for dealing with ofÂfendÂers.
A decade ago, PawÂlentÂy and then-DFL Attorney General Mike Hatch led newscasts and newsÂpapers with their bitÂter sparÂring over the issue. At one point, three years beÂfore Hatch narÂrowÂly lost the governor's eÂlecÂtion to PawÂlenty, Hatch told the Star Tribune that PawÂlentÂy was about to unveil a plan to reÂlease the worst offenders from seÂcure hosÂpiÂtals.
The publicly joviÂal and calm PawÂlentÂy lashed out: "We haÂven't proÂposed it. We will not proÂpose it. And in fact we opÂpose it," a clearÂly agiÂtatÂed PawÂlentÂy said in 2003. "It is ficÂtion. … This alÂleÂgaÂtion has now been eleÂvatÂed into a poÂlitÂiÂcal deÂbate, priÂmarÂiÂly inÂvolvÂing the atÂtorÂney genÂerÂal."
He later proposed a plan to impose the death penalty for sex offenders, which Minnesotans have long rejected.
Echoing Pawlenty, Dayton said this week: "The political partisanship has made it clear that this is an issue that will be seized upon and abused by some who don't mind scaring the people of Minnesota for their own advantage."
This month, the brickbats are swinging in all directions.
DFL Attorney General Lori Swanson and the governor have publicly differed on Duvall's case. Swanson has said he should not be released; Dayton has backed his human services commissioner in not opposing Duvall's release.
And Zellers, who bashed Duvall's proposed release, has taken some big hits from his own party.
Zellers professed outrage that Dayton would not stop Duvall's release. He did it at a Capitol news conference. He did it in a message to supporters of his gubernatorial campaign, titled "When Leaders Lie." And he has done it for days on Twitter.
That's when Zellers' Republican gubernatorial rivals struck back.
"A serious public safety issue, such as dangerous sex offenders, shouldn't be the subject of the usual political games," said Scott Honour.
The political ado has again netted headlines, but it is far from certain it will net a safer Minnesota.