Shiue won't be set free even if he wins parole

The Minnesota Court of Appeals on Tuesday upheld the civil commitment of Ming Sen Shiue, who kidnapped his former teacher and her daughter more than 30 years ago and killed a 6-year-old boy who saw the abduction.

Shiue, 60, repeatedly raped his former teacher during her seven weeks of confinement in his Roseville home and videotaped some of the attacks. In a 19-page opinion, a three-judge panel said Shiue is a sexually dangerous person who was fixated on his victim and is "highly likely to reoffend."

"The district court did not err in ordering appellant's civil commitment when/if he is released from federal custody," the judges wrote.

Shiue's attorney, Rick Mattox, said he had no comment.

Shiue is serving a life sentence in federal prison for the 1980 kidnapping of his former ninth-grade math teacher, Mary Stauffer, and her 8-year-old daughter. He's eligible for parole every two years, but his most recent request for parole was denied in November.

Shiue was also convicted in state court of killing 6-year-old Jason Wilkman, who witnessed the kidnapping. Shiue received a concurrent sentence in that case.

If ever paroled, Shiue could spend the rest of his life locked up in the Minnesota Sex Offender Program.

In appealing his civil commitment, Shiue argued that his crime was a single incident, and that since it happened 30 years ago, violence was no longer a relevant issue. The appeals court disagreed.

The judges wrote that he had engaged in disturbing behavior dating to his adolescence, and that he was diagnosed with personality disorders, including sexual sadism. Shiue has not been treated while in prison.

Shiue argued the state didn't show he was highly likely to reoffend because he is 60 years old. But the appeals court said evidence shows "appellant's personality type and high intellect could cause him to become more dangerous with age."