Judge to decide coaxing-suicide case

William Melchert-Dinkel will have a short trial without a jury on charges that he encouraged two people, both outside the United States, to commit suicide.

February 18, 2011 at 1:59AM
William Melchert-Dinkel, the former nurse accused of coaxing two people to commit suicide, left the Rice County Courthouse on Thursday holding hands with his wife, Joyce Melchert-Dinkel, after a brief court appearance.
William Melchert-Dinkel, the former nurse accused of coaxing two people to commit suicide, left the Rice County Courthouse on Thursday holding hands with his wife, Joyce Melchert-Dinkel, after a brief court appearance. (Star Tribune/The Minnesota Star Tribune)

FARIBAULT, MINN. - A judge alone will decide whether former nurse William Melchert-Dinkel is guilty of coaxing two people through Internet chats to kill themselves, according to an agreement reached Thursday in Rice County District Court.

Melchert-Dinkel, 48, of Faribault, appeared in court and waived his right to a jury trial. He, his attorney, the prosecution and District Judge Thomas Neuville instead agreed that Neuville will decide the case based on oral arguments at an abbreviated trial and stipulated evidence contained in 958 pages of documents and three computer disks.

The judge scheduled oral arguments by the attorneys for Feb. 24, and the parties agreed that from that date Neuville would have 20 days to issue a verdict.

Melchert-Dinkel sat with hands folded next to his attorney, Terry Watkins. Asked by Neuville whether he'd been briefed by his attorney about the arrangements, including that he waives his right to call witnesses, Melchert-Dinkel answered, "Yes, extensively."

He is charged with two counts of aiding suicide. Mark Drybrough, 32, of Coventry, England, hanged himself in 2005, and 18-year-old Nadia Kajouji of Brampton, Ontario, jumped into a river in 2008 and drowned.

Prosecutors say Melchert-Dinkel posed as a young female nurse and in some cases gave instructions to victims. He testified at a pretrial hearing last August that he has Asperger's syndrome.

Under the agreement, Neuville will read the submitted materials and preside at a 90-minute trial in which the attorneys each will each get about 45 minutes to make, in essence, closing arguments. The two attorneys also are expected to submit written briefs, in which they may cite the submitted evidence.

Melchert-Dinkel can appeal Neuville's decision. Previously it had been reported that any appeal would be limited.

Watkins told reporters the evidence given to Neuville includes a police interview with his client, other statements to police, coroners' reports and e-mails. Watkins said a "very small percentage" of the e-mails dealt with allegations against his client. He said he did not think the materials were sufficient to conclude that his client is guilty.

"I don't believe he caused their deaths," Watkins said after the hearing.

Rice County Attorney Paul Beaumaster said afterward that Melchert-Dinkel broke state laws. "My contention is he violated statutes that specifically bar anyone from advising or assisting another to take someone's life," he said.

The charges against him are an "unranked offense" under Minnesota state sentencing guidelines. That's because the charges are so rare that the Sentencing Guidelines Commission could not determine what an appropriate severity level should be. So the judge in each case determines the offense's severity level, said Ann Wall, a research analyst with the commission.

She said six people have been convicted in Minnesota on similar charges since 1991. None had a criminal record.

In two of those cases, judges ranked the offense at severity levels for which a prison sentence was recommended, Wall said. One defendant got four years in prison, and the other received a stayed sentence, a departure from the guidelines.

Judges in the four other cases ranked the offense at severity levels for which prison is not recommended if the offender has no criminal history. All received stayed prison terms. Two of the offenders received local jail time, one for 58 days, the other for 210. The other two did no jail time.

Melchert-Dinkel reportedly has no criminal history.

Randy Furst • 612-673-7382

William Melchert-Dinkel
William Melchert-Dinkel (Associated Press/The Minnesota Star Tribune)
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about the writer

Randy Furst

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Randy Furst is a Minnesota Star Tribune general assignment reporter covering a range of issues, including tenants rights, minority rights, American Indian rights and police accountability.

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