Matter of Pirkl

531 N.W.2d 902, 1995 Minn. App. LEXIS 708, 1995 WL 319626
CourtCourt of Appeals of Minnesota
DecidedMay 30, 1995
DocketC4-95-40
StatusPublished
Cited by11 cases

This text of 531 N.W.2d 902 (Matter of Pirkl) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Pirkl, 531 N.W.2d 902, 1995 Minn. App. LEXIS 708, 1995 WL 319626 (Mich. Ct. App. 1995).

Opinions

OPINION

SCHUMACHER, Judge.

After a hearing, the trial court committed appellant Michael Kenneth Pirkl to the Minnesota Security Hospital as a psychopathic personality. The security hospital filed a report and a review hearing was held. The trial court then committed Pirkl to the security hospital for an indeterminate period as a psychopathic personality. The court also denied a motion for amended findings. We affirm.

[904]*904FACTS

Pirkl’s lengthy history of sexual assaults against women and other crimes began when he was a juvenile, when he was convicted of burglary in 1969, illegal entry of a bus, theft, illegal entry of a building, and attempted aggravated rape in 1971, and theft, aggravated assault, and attempted aggravated rape in 1972.

Pirkl’s adult criminal record began in 1974 with convictions for felonious sale of a controlled substance and felony theft arising from the robbery of a woman. Also in 1974 he was charged with aggravated rape and pleaded guilty to indecent liberties after he sexually assaulted a woman in her home by forcing her to have sexual intercourse by threats of bodily harm.

In 1978, Pirkl was convicted of attempted burglary. During his parole for that offense in 1980, he absconded from a halfway house and was later apprehended and returned to the Minnesota Correctional Facility at Still-water.

In 1980, while on parole, Pirkl entered a woman’s home wearing a nylon stocking over his head and carrying a knife. He found her asleep in her living room and attempted to remove her clothing. After she awoke, he threatened to stab her if she did not cooperate. He forced her to submit to sexual intercourse. Pirkl was charged with criminal sexual conduct in the first degree and pleaded guilty to criminal sexual conduct in the third degree. While serving his sentence for the 1980 conviction, Pirkl absconded, once from a conditional release for sexual offender counseling and once from a halfway house.

On September 7,1985, while still on parole, Pirkl committed another sexual assault. He forced his way into the apartment of a woman with whom he was acquainted after asking to use her telephone. He grabbed the woman by the throat, dragged her to the bedroom, and threw her on the bed. He struck her repeatedly, cutting her face. He told her to scream all she wanted because no one would hear, and told her that if she vomited, he would make her eat the vomit. Pirkl then tore off her robe and penetrated her vagina and anus with his finger. He severely wrenched the woman’s back by twisting her body violently. As he left, he told her he would kill her if she moved.

As a result of the attack, the woman suffered severe back injuries, was unable to walk without pain, and had to take narcotic painkillers. She was so traumatized that she never returned to the apartment, quit her job, and moved out of state. Because of her fear of another attack, she was afraid to be alone at night or with strangers in public.

On October 16, 1985, Pirkl committed another sexual assault. At approximately 4:30 a.m., he entered the apartment of another woman with whom he was acquainted, once again wearing a nylon stocking over his head and carrying a knife. He had earlier learned the woman would be alone in the apartment because her boyfriend would be away that night. When she awoke, she struggled with Pirkl and his knife cut her hand. He forced her upstairs where her children were asleep. The woman screamed in hopes of waking her children. When they awoke, they began to scream as well, and Pirkl fled. As a result of this incident, the woman and her children suffered emotional problems and continued fear.

Pirkl pleaded guilty to first degree criminal sexual conduct for the September 7, 1985 incident and first degree burglary for the October 16, 1985 incident. In addition, during treatment Pirkl admitted to committing 8 to 12 date rapes in which he stalked women, got them drunk, and often used physical aggression to force sexual intercourse. Pirkl also admitted to extensive substance abuse.

Pirkl was admitted to the security hospital in 1986 for a presentence investigation. While Pirkl expressed interest in treatment, because of his legal status the hospital was unable to provide treatment. He was encouraged to obtain treatment in prison. He obtained sexual offender and chemical dependency treatment while incarcerated.

In late 1993 and early 1994, Pirkl was given psychological evaluations pursuant to Department of Corrections risk assessment and release procedures. Two psychologists, Ralph Cornelia and Dr. Richard Friberg, recommended commitment, despite Pirkl’s involvement in treatment programs. These [905]*905recommendations were based on PirH’s recent dishonesty to a parole agent, historical information, and testing results that showed antisocial tendencies and a likelihood of reof-fending. One psychologist, Dr. John Austin, recognized PirH had received significant benefits from treatment. Dr. Austin believed if PirH were released to a halfway house for sexual offenders and avoided chemicals, he could receive the support he needs to avoid further sexual offenses. Dr. Austin did not believe PirH met the criteria for commitment.

A petition for commitment as a psychopathic personality was filed. At the hearing, Dr. James M. Alsdurf, the second court-appointed examiner, recommended that PirH should not be committed as a psychopathic personality because he did not evidence such a lack of power to control his sexual impulses so as to meet the standards necessary for commitment as a psychopathic personality. It was Dr. Alsdurf s opinion that the precipitant to PirH’s assaults was not an impulsive urge or an inability to control his sexual impulses, but that the offenses instead involved a fair amount of planning and deliberateness. Dr. Alsdurf also cited the times when PirH chose not to respond to his sexual impulses and noted the intensity of some of his impulses had changed. He acknowledged, however, that if PirH were intoxicated or using drugs, he would pose a substantial significant risk of sexual reoffending.

Dr. Richard Ascano, the first court-appointed examiner, testified that Pirkl met the standards for commitment as a psychopathic personality and that until PirH’s rejection and abandonment issues are addressed, he will be at significant risk for reoffending. Dr. Ascano testified PirH is capable of controlling his behavior in a courtroom. If there is a situation in which PirH feels rejected or abandoned, however, his anger will be reHn-dled and in his moment of rage, he will be in a state of impulsivity and emotional instability with a profound probability of acting out. He testified the test results and PirH’s recent behavior, including lying to his parole officer and failing a drug test, support this conclusion.

Dr. Ascano disagreed that psychopathic personalities are less likely to act out as they age; instead, he believes that such individuals become wiser in terms of not being caught. Dr. Ascano believed that PirH would benefit from treatment focused on the psychological trauma, which is the dynamic etiology of his offenses, rather than sexual therapy. It was his opinion that the security hospital is the most secure facility that could minimize the risk of escape.

Dr. Friberg described Pirkl as a predatory offender. He selects known victims, and by various ruses is admitted to their residence and then attempts to sexually molest them. PirH fits the criteria for both a power rapist and an anger rapist.

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Matter of Pirkl
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Bluebook (online)
531 N.W.2d 902, 1995 Minn. App. LEXIS 708, 1995 WL 319626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-pirkl-minnctapp-1995.