LaDue case offers insight to legal dilemma

Published 10:16 am Tuesday, July 7, 2015

The legal system faces moral and ethical dilemmas as it prosecutes a troubled young man in an either-or situation that could become a lose-lose for everyone.

John LaDue threatened to blow up Waseca Junior-Senior High School in April of 2014, threatening to kill his classmates and his family. He had amassed large amounts of explosive materials and weapons. A journal detailed his plot, which was ultimately thwarted by some neighbors who got suspicious about a rental storage unit.

A Waseca County judge threw out attempted murder charges and that ruling was upheld by the Minnesota Court of Appeals. The case has turned to determining whether LaDue should be tried as an adult or juvenile on the remaining possession of explosive charges. He was 17 when he was arrested.

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Whatever direction the pending trial takes, the outcome is likely to affect LaDue’s ability to get the treatment experts say he needs.

Waseca prosecutors want to charge him as an adult and they argued their case last week with an expert who said LaDue is at high risk to commit more violent acts.

And while another expert initially recommended LaDue be certified as an adult, he appeared to back off that assessment, recommending instead a period of treatment. Dr. James Gilbertson said, however, that LaDue would need a longer period of treatment than the juvenile system would provide, as LaDue would be released when he was 21. But Gilbertson also said a trial in adult court that sends LaDue to prison would likely do more harm than good as the teenager could be isolated in a cell without getting much treatment at all.

A third expert hired by the LaDue family also said the teenager would likely benefit from autism spectrum therapy.

Waseca District Court Judge Robert Birnbaum faces a difficult decision on the adult certification ruling, one fraught with moral and ethical dilemmas. LaDue may not get the help he needs whatever the judge decides. If tried and convicted as a juvenile, he won’t be in the system long enough to get the proper treatment. If tried as an adult and sent to prison, LaDue would likely become an even more dangerous and violent risk to society upon release.

Still, the court may have options to bring about justice and get LaDue the treatment he needs. It’s possible treatment could be part of a recommended probation in connection with a criminal sentence that would come down in adult court. But if adult court is the only way to get the full treatment LaDue needs, it would also likely come with a felony record.

The judicial system doesn’t seem to offer any easy answers on this one. The goal for the judge and counsel should be to protect the public from undue risk while getting LaDue the help he needs to become a productive citizen and rejoin society.

The Mankato Free Press

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