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STATE OF MINNESOTA IN DISTRICT COURT

JUVENILE DIVISION

COUNTY OF WASECA THIRD JUDICIAL DISTRICT

In the Matter of the Welfare of:

John David LaDue,

Child.

Case Type: Delinquency

Court File No. 81-JV-14-310

FINDINGS OF FACT,

CONCLUSIONS OF LAW,

AND ORDER

The above-entitled matter came before the Court for contested certification hearing on

June 30, 2015 at the Waseca County Courthouse, Waseca, Minnesota. The Juvenile was present

and represented by Steve Bergerson, Stephen Ferrazzano, and Dawn Johnson, Attorneys at Law.

Petitioner was represented by Brenda Miller, Waseca County Attorney.

At the conclusion of the hearing, the Court requested the parties to submit written

argument and/or proposed “Findings of Fact, Conclusions of Law, and Order” to the Court. The

Court has considered all arguments, proposed findings of fact, and memoranda that were timely

submitted by July 24, 2015.

Based upon the exhibits filed with the Court, testimony adduced at the hearing, as well as

a review of all the files, records, and proceedings herein, the Court now makes the following:

FINDINGS OF FACT

1. John David LaDue, born December 19, 1996. At the time of the charged offense, he was 17 years old.

2. A delinquency petition, alleging four counts of attempted first degree murder, two counts of attempted first degree criminal damage to property, and six counts of possession of an explosive or incendiary device, was filed on May 1, 2014.

3. The date of offense for these charges is April 29, 2014.

4. On April 29, 2014, a citizen called police to report seeing a suspicious person entering a

storage unit and felt the person might be stealing from the storage unit. The caller identified the suspicious person as a white male, at least six foot tall, wearing a backpack. Police responded to the scene and found the Juvenile inside the rented storage unit. The Juvenile told police that if they could guess what he was doing inside the storage unit, he would talk with police. Officer Tim Schroeder looked around the inside of the storage unit and saw numerous items used to make explosive/incendiary devices. Officer Schroeder told the Juvenile he thought the Juvenile was making bombs. The Juvenile then agreed to speak with officers but stated it would have to take place at some other location. The Juvenile was transported to the Waseca Police Department where he gave an interview to Officer

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Schroeder. The Juvenile gave a second interview, to Officer Schroeder and Bureau of Criminal Apprehension (BCA) Special Agent Micheal Anderson. In his statements, the Juvenile detailed why he was making bombs (explosive/ incendiary devices) and what he planned to do with the bombs. The Juvenile said that he planned to first kill his family members. He said that he planned to kill them with a .22 caliber rifle because that makes less noise than other types of firearms. The Juvenile then planned to load up the car with his other guns and ammunition and drive to a rural Waseca County area and start a fire. This fire was to be a diversion to attract first responders to that area. While the first responders where busy fighting the fire, the Juvenile planned to go to the Waseca Junior/Senior High School. Once at the school, the Juvenile planned to kill the school liaison officer, Waseca Police Officer Jared Chrz. The Juvenile said he wanted to kill the school liaison officer so that the officer did not stop the Juvenile before he could kill as many students as possible. The Juvenile planned on killing students by exploding bombs and shooting the students. The Juvenile told police that he documented his plans and the steps he took to accomplish those plans in a journal. Police located the Juvenile’s journal exactly where the Juvenile said it would be: in a locked guitar case in his bedroom. The Juvenile was identified a John David LaDue. The Juvenile’s handwritten journal began with the first entry on July 24, 2013, and ended with the last dated entry on April 27, 2014. Throughout the nine-month time span of the journal, the LaDue detailed his plans for making bombs, acquiring firearms and ammunition, the detailed steps the Juvenile needed to take to accomplish his plan to kill, when the Juvenile completed steps detailed in his plan, and alterations and modifications to his bomb manufacturing to ensure that he would be able to kill as many people as possible. He listed how to make his explosive/incendiary devices, including the chemical components, amounts, firing/ignition system, attachments to be disbursed by the explosion to cause physical injury to people and damage to the school, container or package to house the explosive/incendiary devices, and alterations and modifications to the bombs to ensure their success in detonating and having the widest blast radius to ensure the largest number of casualties and damage as possible. The Juvenile listed his failed attempts at bomb making, what went wrong, what went right, and included ideas on how to correct any “problems.” The journal detailed LaDue’s thoughts and plans. He expressed admiration for the two young men who mounted the attack at Columbine High School in Colorado on April 20, 1999. He was also critical of them for the way they planned and carried out their attack and expressed his own ideas for “improving” on their plan. LaDue also wrote about the detailed steps he needed to take to carry out his plan against Waseca High School, including how he would obtain firearms and ammunition, ingredients for making explosive and incendiary devices; how he would get the money needed for his plan; how he would make purchases using PayPal; and how he would rent a storage unit. During the months of planning he also manipulated others into helping him including his sister and a friend’s mother. His sister obtained ball bearings for him. The friend’s mother rented the storage unit for him because he was under eighteen and unable to do it on his own. He told her he needed the space

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because he had to move things out of his garage. He paid rent for the unit but was going to share the space with his friend’s mother. She had not yet moved anything into the unit when LaDue was arrested and was completely unaware of how LaDue was actually using the space. In his statements to law enforcement and in the journal, LaDue not only talked about his plans, he also admitted to setting off incendiary devices around Waseca as a way to practice for the attack on the high school and in part, to see if he could, in his own mind, outwit law enforcement. (He also maintained, later, that he set off the devices as way to relieve pressure and not to practice.) He manufactured and detonated two devices near the pistol range at Sportsman’s Club, in the County of Waseca and manufactured and detonated two devices at Hartley Elementary School in the City of Waseca. One explosive was attached to a can of WD-40, but he was not happy with the detonation result. LaDue put two explosive/ incendiary devices in a child’s stuffed Elmo toy, specifically in the pants of the stuffed animal. One device exploded and blew off one of the legs of the stuffed animal. The other device was a “dud” and did not explode. He threw one device on the walkway going to the track at the Waseca High School; however, it did not detonate because the Juvenile did not pack it well enough. He manufactured a device made of thermite and detonated it on a bench near the dugout of the softballs fields at the Waseca High School. The device detonated, causing heat to burn and melt the bench. The Juvenile manufactured and detonated devices on the soccer fields of the Waseca High School. The two devices were “duds” and did not produce the intended results so they were thrown in a corn field adjacent to the soccer fields. Five devices he manufactured were exploded at Oak Park, a skate board park near his home in Waseca. Several of these devices were detonated on a slide, leaving a hole and other damage to the slide. The Juvenile wrote the initial “M” near the hole in the slide to reference that he was the person to cause the damage to the slide. He also made and exploded two devices at the First Congregational Church in Waseca. The first device exploded but did not cause any damage. The second device was placed on the window and when it exploded, it broke the glass in the window. Two “sparkler bombs” in the summer of 2013 and tried to explode on the railroad tracks, on the East side of Waseca did not work as expected because, in Minnesota, you cannot buy the type of sparkler needed to cause an explosion. During a search of the Juvenile’s bedroom, law enforcement found the following: Brocklage bump key with padlock, a device commonly used to “pick” locks and gain entry into locked areas; three books entitled “Plutonium,” “What a Way to Go,” and “Chemistry”; 40 stripper clips; “bump” key set in a Ridge Runner box; green ammunition case containing two boxes of American Eagle 308 ammunition, one box of Match 7.62 mm ammunition, one box of Federal 20 gauge ammunition; one box of Federal 20 gauge slug, Hodgdon Triple 7 100 pre-formed pellets, and one white box containing five 7.62-54R ammunition; a shipping receipt from Brownells, Inc. for #824ED Brown firing pin and firing pin spring extra powder along with small ziplock baggies containing the firing pin and firing spring; a Stemlit box containing an empty coffee can, calculator, empty two liter bottles and empty juice bottles; black firearm shoulder holster; black electrical tape (found in a box with three completed

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explosive/incendiary devices); cardboard box containing three completed CO2 explosive/incendiary devices; black binder containing notes and “To Do” list; three compact disc cases with disc with ABK (“Always Be Killing”) written on it; handwritten notes of “shooting tips” and M1A tips; book entitled “The Armory 1911-A1-MIA”; pamphlet entitled “range rules for Sportsman’s Club”; Waseca High School Student Handbook; Black SKS firearm found on top of the Juvenile’s bed; Beretta 92FS 9 mm firearm, loaded with one bullet in chamber, found in top left drawer of the bed frame; Beretta magazine; loaded magazine found in a “High Power” box; red notebook containing notes and lists of chemicals (the Juvenile’s journal), found in the guitar case; locked guitar case; 50 caliber Vergara Optima black powder, found in the locked safe in the bedroom closet; Llama Mak-I .45 handgun, found in locked safe in the bedroom closet; a loaded magazine for the Llama Mak-I handgun, found in the locked safe in the bedroom closet; Mossberg 20 gauge firearm, found in the locked safe in the bedroom closet; IPod 60 GB with attached charger; 1942 CE9743, wood-stock, bolt action, long rifle, found in locked safe in the bedroom closet; Mossberg 20 gauge barrel with scope, a Woodstock frame and bayonet, all found in the locked safe in the bedroom closet; locked gun safe; Cannon video camera; and paperwork for an Air Respirator. During a search of the home office, law enforcement found the following: Acer computer tower that was used mainly by the Juvenile, which was running and the screen on, showing a history/favorites portion that included websites regarding atheism, websites commonly used to purchase chemicals for explosive devices, websites for the construction of explosive devices, YouTube history titled “Hydrogen balloon fail,” “EvilBible” which was booked with saying regarding the killing of innocent people, Vine history titled “annoying kid,” Vine history titled “why did I just die,” and Vine history titled “how I feel about school,” and a link to WasecaEdline.com; black, 20 gauge Mossberg, with scope; Harrington Richardson Inc. .410 firearm; and a chambered 12 gauge firearm. The Juvenile said the loaded Beretta was kept in his bed to kill any members of his family if they found or saw something that would alert them to his plans for the Waseca High School. The Juvenile, in his statement to Officer Schroeder and BCA Special Agent Anderson, admitted that the explosive/incendiary devices found in his bedroom were completed. The Juvenile admitted that one of the explosive/incendiary devices was made out of CO2 cartridges attached to a can of WD-40 and the other two were made out of CO2 cartridges with nails attached to them. During a search of a storage locker, law enforcement found items used to make bombs, such as: anti-static bags for blending interjection compounds, ball bearings, potassium perchlorate, AN06R firing system, aluminum powder, smokeless gun powder, pressure cooker, red iron oxide, roof cement, time fuses, Quantumfire QF-2X6 remote firing systems, Remington .12 gauge buckshot, food scale, electronic scale, empty cardboard postal boxes, cans of WD-40, pvc pipes, pvc end caps, electric matches, hot glue gun, hobby fuse, .12 gauge buckshot shells, electrical supplies, Christmas light bulbs, military trip wire, cans of static guard, goggles, pvc cement, wire, scissors, glue, wire stripper, solder gun, solder, metal pipes, metal pipe end caps, and Avon pipes. The Bloomington Bomb Squad found three pipes in a large camo bag near the door to the storage unit. The pipes appeared to be completed bombs so they were removed from the bag by robot and detonated.

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5. Petitioner filed a Motion for Adult Certification on May 2, 2014.

6. On July 28, 2014, the Honorable Gerald Wolf dismissed Counts 1 - 6 for lack of probable

cause. Judge Wolf found probable cause for Counts 7 – 12.

7. Petitioner appealed the dismissal of Counts 1 - 6.

8. On March 19, 2015, the Minnesota Court of Appeals affirmed the dismissal of Counts 1 – 6 of the juvenile delinquency petition.1

9. A contested certification hearing was held on June 30, 2015.

10. During the contested certification hearing, the following witnesses testified: Dr. Katheryn Cranbrook Dr. James Gilbertson Nicole Grams Dr. Mary Kenning Donovan Bailey

11. The Court received the following exhibits:

1. Psychological Evaluation prepared by Dr. Cranbrook 2. Certification report prepared by Dr. James Gilbertson 3. Certification report prepared by Nicole Grams 4. Curriculum Vitae of Dr. Mary Kenning 5. A summary report from Brad Bengtson at Prairie Lakes Youth Programs 6. Progress reports from Prairie Lakes Youth Programs

12. The Court took judicial notice of the contents of the juvenile delinquency file, including all

documents previously submitted by Petitioner to establish probable cause.

13. It is presumed the charges in Counts 7 - 12, of the delinquency petition, are true.

14. This is a non-presumptive certification case. The legal standard to be applied in a non-presumptive certification matter is whether there is clear and convincing evidence that retaining the proceeding in juvenile court does not serve public safety. Minn. R. Juv. Del. P. 18.06, subd. 2. In determining whether the public safety is served by certifying the matter,

1 In the Matter of the Welfare of J.D.L., No. A14-1410, 2015 WL 1014079 (Minn. Ct. App. Mar. 9, 2015).

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or designating the proceeding an extended jurisdiction juvenile proceeding, the court shall consider the following factors:

(A) the seriousness of the alleged offense in terms of community protection, including

the existence of any aggravating factors recognized by the Minnesota Sentencing Guidelines, the use of a firearm, and the impact on any victim;

(B) the culpability of the child in committing the alleged offense, including the level of the child’s participation in planning and carrying out the offense and the existence of any mitigating factors recognized by the Minnesota Sentencing Guidelines;

(C) the child’s prior record of delinquency; (D) the child’s programming history, including the child’s past willingness to participate

meaningfully in available programming; (E) the adequacy of the punishment or programming available in the juvenile justice

system; and (F) the dispositional options available for the child.

In considering these factors, the court shall give greater weight to the seriousness of the alleged offense and the child’s prior record of delinquency than to the other factors listed in this subdivision. Minn. R. Juv. Del. P. 18.06, subd. 3.

15. Neither side is seeking that the Child be retained in the delinquency system. Both agree,

because he will turn 19 in December 2015, there is not enough time to provide the required treatment and programming to ensure public safety. Petitioner argues for adult certification and the Child maintains he should be designated an Extended Jurisdiction Juvenile (EJJ).

16. Dr. James H. Gilbertson was appointed to examine Joh LaDue for the certification study and evaluated LaDue twice. He did an evaluation before the first six counts were dismissed and then again, after the Court of Appeals affirmed the dismissal. He is a licensed psychologist and has been in private practice in Minnesota since 1975. He conducts forensic evaluations for a variety of cases including certification, SPP/SDP commitments, mental illness commitments, parenting evaluations, and competency determinations under Rule 20. He has testified about 3000 times and has done over 100 adult certifications in juvenile cases.

17. Dr. Katheryn Cranbrook was retained by Petitioner to examine and evaluate John David LaDue for the certification hearing. She was retained only a week before the hearing but did provide a written report. She did not conduct any additional testing because, she testified, it would be counterproductive to repeat tests that had been done recently. Dr. Cranbrook is a licensed psychologist and has been board certified in forensic psychology since 2009. She has done Rule 20 evaluations, sex offender risk assessments, studies in EJJ and certification cases and testified that she has done as many as 50 certifications a year over the last 15 years. She is normally appointed by the court to perform these services. She is the Deputy Chief of Psychological Services for Regional Psychological Services for the District Court. She works primarily in Hennepin County.

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18. Dr. Mary Kenning is a licensed psychologist in private practice in Minneapolis. She provides therapeutic services to private patients and also does evaluations for adults and juveniles in adult criminal and delinquency cases. She has done about 500 certifications and testified in about 50 of those cases. She was first retained by the juvenile’s parents to determine if he was receiving appropriate services after he was first sent to Red Wing and then Prairie Lakes. She was later asked to review the certification issues by the Child’s attorneys.

19. The expert witnesses called to testify at the certification hearing were all well-qualified and

provided testimony that was helpful to the court in making a determination of the issues at hand. All three witnesses were credible experts in their field and provided information that was helpful in understanding John LaDue and determining what would be in his best interests and the interests of public safety.

20. Based on their testimony, the reports submitted, and all the records herein, the court is

able to make the following findings about John LaDue and the public safety factors.

21. John David LaDue carries the following diagnoses: Autism Spectrum Disorder (ASD), (formerly known as Asperger’s Disorder), High Functioning Autism, or Persuasive Developmental Disorder NOS; Unspecified Attentional Disorder; and, Mood Disorder NOS.

22. Individuals with ASD demonstrate persistent deficits in social communication and social

interaction across settings including: deficits in social-emotion reciprocity, deficits in nonverbal communication, and deficits in developing, maintaining and understanding relationships. In addition, such individuals demonstrate restricted and repetitive patterns of behavior, interests and/or activities evidenced by: repetitive motor movements, use of objects, or speech, insistence on sameness, inflexible adherence to routines, ritualized patterns of verbal or nonverbal behavior, highly restricted and fixated interests that are abnormal in intensity or focus; and/or hyper- or hypo-reactivity to sensory stimuli. ASD is a lifelong condition. While individuals with this condition may learn compensation strategies over their lifetime, chronic deficits in social and communication skills persists, as do restricted and repetitive interest patterns.

23. LaDue demonstrates impaired capacity for relational reciprocity, lack of social

connectedness and interest; deficient empathic capacity, restricted range of affective response; impaired ability to read social cues and interpersonal reactions, limited capacity to incorporate emotional/relational data into his thinking/problem solving; and a restricted interest pattern fixated upon themes of violence. During the time he was building and testing explosive/incendiary devices and planning the attack on Waseca High School he was engaging in grievance oriented thinking and targeted violence.

24. Often youth with an autistic disorder are identified in childhood because they demonstrate deficits at an earlier age, although there is a small percentage that demonstrates more deterioration in adolescence. John LaDue falls within the smaller group because he was able to negotiate childhood successfully. As the interactional demands of adolescence came

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on, that was more difficult for him. He became more isolated and his ability to deal with relationships and have empathy deteriorated.

25. Since being detained, LaDue has participated in limited mental health treatment. After his arrest, he was initially placed at the juvenile correctional facility in Red Wing, Minnesota. While at Red Wing, he participated in individual counseling sessions.

26. Red Wing was not an appropriate setting for LaDue and he was later transferred to the

Prairie Lakes Youth Program (PLYP) in Willmar, Minnesota. While at PLYP, he has been involved in individual and group counseling sessions. When asked about his engagement in current programming, the Juvenile said, “It doesn’t mean much. I have to endure it.” He explained that many aspects of the programming do not apply to him. (This assessment is accurate. The PLYP program is not tailored to the needs of someone with LaDue’s particular needs.) He said, “Sometimes we watch a video of people in jail and they talk about why they want to change. I’m content with myself and how I am now. I don’t think I have any big issues.” When asked about his current programming, he reported, “We don’t do much important here, there’s not much to say.” The Juvenile added that in his sessions with his counselor Tom Johnson, “We don’t really have any problems to talk about.” The Juvenile denied any need for additional treatment, services or support.

Tom Johnson, the Juvenile’s current counselor at PLYP described the Juvenile as being detached and without meaningful relational connections. Sessions have been supportive in nature and have not specifically focused on addressing risk of violence or the alleged offense behaviors, although there has been discussion of the allegations. PLYP staff person Brad Bengtson, said that the Juvenile initially had a problem demonstrating a superior attitude shortly after his admission to the program.

27. Reports also indicate that LaDue has made progress in some areas since he went to PLYP. He has begun to develop attachments to his family and has cooperated with his programming. He has also been limited in what he can discuss in therapy sessions because his criminal case is still pending. Progress reports from PLYP describe him doing what is expected him. They report he does not create problems and that his behaviors are “steady” and he is doing “very well.” For example, the report from June 3, 2015, the most recent presented at the hearing (Exh 6) states: “John continues to make level 3 [the highest level available]. He does not earn any consequences and does anything we ask without hesitation. John is helpful in the program and we see very little self-superior attitude with him.” It also reports improvement in his attitude towards peers with good interaction.

28. A summary report, undated, from Brad Bengtson, (Exh 5), PLYP Corrections Program Director, reports that LaDue has done well in the program. “He has been very steady and stays on track very well. He has had no outbursts or any disciplinary room time. He has had appropriate behaviors and kept his attitude as upbeat as possible.”

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29. LaDue reported having suicidal thoughts in the ninth grade. He reported thinking about suicide but never engaged in any self-injurious behavior.

30. He admitted to becoming obsessed with videos and imagery of death, violence, and killing.

He enjoyed reading about, “indecent, obscene things...famous murders, but not ones based on sexual desire.” He expended significant time researching school shootings and similar violence online. He spent approximately five hours each week watching videos of actual murders, autopsies, and other violent or gruesome images on the internet, beginning in 2013. The content of the violent videos he watched increased over time. He denied ever watching any video that was too violent for him. By his own admission, the Juvenile is particularly interested in wars and weaponry.

31. When asked how he would feel if he had completed his plan to attack his school and murder his family and classmates, the Juvenile said, “I figured it would be very exciting and enjoyable. I certainly like watching it, and I figured it would be better doing it.” Although he had no grievance with his family, he believed that killing them would demonstrate that he did not have human feelings.

32. LaDue admitted detonating explosive and incendiary devices around Waseca. When asked if he experienced any type of release of internal pressure after setting off those explosives, the Juvenile said, “If felt very nice. [It] released pressure. It was very uncommon and illegal. I was happy I’d done it…sometimes proud. Very different and unique.”

33. The Juvenile does not feel close to his family. He said, “I don’t really have any problems

with my parents. I’m not pleased when they come and visit. I don’t hate them, but I’m not giving them hugs.” When asked why he disliked visits from his parents, he said, “There are other things I’d rather do instead.” The Juvenile then added, “Now I need them [my parents] for housing. But I don’t feel attached. I read about getting support and family bonds [in PLYP program materials]. I’m not really interested in that. I can’t really relate to it…For a lot of people a big motivation is not to disappoint their family. I can’t relate to that.”

34. When asked about his friends from high school, the Juvenile said, “I don’t personally

consider people I knew as friends.” “I hung out with them because they could provide me with things I wanted, or maybe I could influence them… I didn’t go with them because I wanted to be with them.” The Juvenile did not feel that other children his age were his equals. His superior attitude towards peers has improved since he has been at PLYP.

35. When asked about his skills of using others or taking advantage of them, the Juvenile said, “I

see myself as very skilled.” He said he was very good at reading his friends moods. He said, “I can get more information, I get inside their heads, making them feel that I think they are special, but I don’t believe they are.” The Juvenile also described himself as a good manipulator, reporting that others only saw his “masks” and not the “regular me.”

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36. When asked what he missed most about not being in the community, the Juvenile said, “It bothers me a lot. They [in school] studied World War II and the Third Reich…Parts were in German and I couldn’t understand it…and it was slow. I want to be fluent. I could be better at my interests [if in the community]. I could be a lot better at my skills and hobbies.”

37. When interviewed by Dr. Cranbrook, the Juvenile said he would have carried out his

planned attack had he not been detected by the police. The Juvenile admitted studying prior school shooting cases. When asked if he studied the two previous Minnesota school shooting cases, the Juvenile said, “No, not the Minnesota ones. They were not that big in comparison.” When asked if he meant “big” in terms of media coverage or death toll, the Juvenile said, “Both.”

38. When asked if he was better at planning his school attack than others, the Juvenile said,

“Yes, I was more cautious. I looked at it through the eyes of other people…what people might be looking for.” The Juvenile admitted that he attempted to take the perspective of others in order to avoid raising suspicion.

39. Dr. Cranbrook testified that a certification study consists of: significant record review, both

related to the alleged offense and the juvenile’s history; an interview with the juvenile; collateral data gathering; sometimes administration of psychometric testing; always a risk analysis; and authoring a report.

In order to prepare a certification study in this case, Dr. Cranbrook reviewed: the delinquency petition; voluminous investigative data, including police reports, the Juvenile’s journal, photographs, taped statements, and search warrants; prior court orders; records from the Juvenile’s current placement at the Prairie Lakes Youth Program; reports and testing conducted and prepared by Dr. James Gilbertson; reports and testing conducted and prepared by Dr. Harlan Gilbertson; records and testing conducted and prepared by Dr. Mary Kenning; and, the certification study completed by Nicole Grams. In preparation for her certification study in this case, Dr. Cranbrook interviewed the Juvenile and two of his current treatment providers at Prairie Lakes Youth Program. Dr. Cranbrook did not conduct her own testing on the Juvenile because previous mental health providers had already conducted adequate testing and repeated testing is not appropriate because it creates a significant chance of getting an invalid result.

40. During her interview with LaDue, Dr. Cranbrook witnessed the following signs of ASD: odd word usage, somewhat overly formal language; lack of relational capacity for family members; difficulty relating to others and lack of interest in developing relational connections; flat and restricted affect, showing no emotional response even when talking about very serious subjects; difficulty taking the perspective of others; a very rigid and fixed pattern of interest in violence; and an inappropriately intense interest in objects, such as fireworks and incendiary devices.

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There was virtually no history of documented antisocial conduct or acting out behavior, prior to the alleged offense. However, Dr. Cranbrook noted that LaDue exhibited a history of limited respect for usually accepted social standards of behavior. The Juvenile admitted to repeated incidents of dishonesty, theft, and manipulation in services of achieving his own wants and goals, both prior to and related to his plan to attack his school. Almost all of this behavior did not come to light until after LaDue was arrested and charged. During the interview, the Juvenile expressed his views that he believes himself to be superior to his peers and others. He continues to hold unrealistic and exaggerated views of his own capabilities.

41. John LaDue is atypical when compare to other children in delinquency cases. He has no history of anti-social behavior, violent acting out, disruptive or oppositional behavior in school, or a prior record of delinquency. Although he sees himself as different from other kids and doesn’t see the value in the programming at PLYP, some of that attitude is appropriate. PLYP is not doing programming specifically designed for his special needs. Group therapy may expose him to too much stimulation, considering his ASD, and the individual therapy is hampered by his inability to talk much about the specifics of his offense. Because of his ASD, it takes him a long time to develop a relationship with a therapist.

42. Dr. Cranbrook described LaDue’s involvement in treatment/programming while at PLYP as superficial. She opined that the treatment/programming being offered at PLYP is not appropriate for him, given his ASD diagnosis and focus on targeted violence. However, she also pointed out that there are components of the treatment that the Juvenile would benefit from if he chose to do so. One such component is using the relationship of his individual therapy to work on some of his individual issues. Dr. Cranbrook testified that she is concerned that LaDue, after being in treatment/programming for over one year, feels that he does not have any significant issues and does not feel the need for any additional intervention. Dr. Cranbrook raised concerns regarding the Juvenile’s lack of insight into the seriousness of his issues and his need for intervention. She felt that the Juvenile has only really learned how to conform his behavior without truly integrating any of the concepts being taught in his treatment/programming. He is concerned that he has not internalized what he has learned at PLYP but was not sure why that has been slow to develop.

43. Dr. Cranbrook testified there are very few programs that can address the safety and security needs of the Juvenile while also addressing his ASD. She said there are very few juveniles with this type of presentation and not enough to have programs developed to cater to their specific needs.

44. Dr. Cranbrook testified that there are numerous programs and placements available to address juveniles with ASD, however, these types of programs would not be appropriate for

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this Juvenile because of his internalized focus on violence. She testified that LaDue requires placement in a setting where they are able to continue to assess risk, a placement that has good experience with risk assessment and targeting interventions to address risk and violent ideations. Most typical autism programs do not have that kind of specified training. Dr Cranbrook believes this case is somewhat similar to two previous Minnesota school shooting cases because each involved “targeted violence” by an individual without a previous record of violent and anti-social behavior. Targeted violence refers to planned violence with a specific target, such as a school or workplace. Targeted violence tends to take longer to plan and progress. It does not involve impulsive acts. Of the targeted violence cases that Dr. Cranbrook has experience with, they are similar to this Juvenile’s lack of limited criminal history and antisocial conduct and the juveniles involved have similar diagnostic presentations.

45. A risk assessment is an assessment of the probability of an individual’s risk of re-offense. There are no exact measures for assessing risk of juveniles or adults to re-offend, however, there are strategies and tools that are used for assessing risk.2 Standard risk assessment tools are based upon a standard delinquent population. That standard delinquent population does not include a juvenile involved in targeted violence; therefore, these types of standard risk assessment tools are not valid when used to assess the future risk to re-offense of juveniles involved in targeted violence. When dealing with a juvenile involved in targeted violence, standard risk assessment tools should be replaced with an individualized risk assessment. One type of individualized risk assessment available for use is the model prepared by the United States Secret Service. This model specifically identifies risk factors present in people who may engage in targeted violence. Some of the risk factors identified by the United States Secret Service include: the degree of planning and preparation that have gone into the intended offense; the person’s functioning; whether the person had any recent losses; the person’s mental health functioning and how that may or may not contribute to future risk; the organization of the person; if it seems the person would be able to carry out that kind of targeted violence; and, whether or not the person has made statements or indications about targeted violence.

46. Dr. Cranbrook did not conduct a standard risk assessment with John LaDue because he had been assessed by Dr. Gilbertson using both the SAVRY and the Hare Psychopathy Checklist (Youth Version). She did conduct an individualized risk assessment based upon the United States Secret Service model, and found the following risk factors to be present: reliance upon violent imagery/fantasy as a strategy for reducing emotional distress/discomfort/boredom (planning violence, viewing violent imagery, setting off bombs); repetitive and restricted interest patterns focused upon themes of violence; sensitivity to, and hostility in response to, apparently typical peer interactions; highly

2 Examples of such tools are: the Structured Assessment of Violence Risk in Youth (SAVRY), Hare

Psychopathy Checklist: Youth Version (PCL-YV), and Historical Clinical Risk-20 (HCR-20).

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detailed journaling and planning of serious violent acts; significant preparatory behaviors (accessing weapons, ammunition, and bomb making supplies needed to accomplish the planned attack on the school); a high degree of organization toward achieving desired violent plans/goals; inflated sense of self with related disappointment/distress when inflated goals are not achieved, a persistent lack of appropriate inhibitory emotional response to violent imagery/behavior; chronic and severe deficits in empathy; reported escalation in the severity of violent imagery and viewing patterns; lack of insight into potential risk for future violence; a history of successfully hiding planned violence and preparatory actions; and an absence of warning indicators signaling the potential for imminent violence. Dr. Cranbrook opined that this Juvenile is at a significantly elevated risk of future serious violent behavior as compared to other teenagers who are facing similar legal situations. It is her opinion that, without the current structure, monitoring and support provided in the PLYP setting, the Juvenile would likely return to his prior fixated interest in violence and would be at significant risk for engaging in acts of serious violence.

47. Dr. Cranbrook also agreed that he had scored in the low risk range on both the SAVRY and Hare Psychopathy Checklist and those scores would indicate a low risk of violent re-offense. People who score low risk on the SAVRY are less likely to recidivate violently than people who are high risk. Although she had some disagreement with the scoring on the risk assessment done by Dr. Kenny, she agreed with the result which showed a low risk for dangerousness.

48. Dr. Cranbrook opined that John LaDue currently poses a danger to public safety but that risk can be reduced with appropriate treatment.

49. Dr. Cranbrook considered the public safety factors but expressed no opinion as whether each one favored certification as opposed to EJJ. She testified that it is her expert opinion that public safety will be best maintained through certifying John LaDue to the adult court for prosecution. This conclusion is based primarily on the amount of time available to complete programming under an EJJ designation. She believes the time is not adequate and that LaDue needs long-term treatment, into his mid-twenties, to significantly change his thinking and reduce the risk to public safety. In reaching this conclusion, Dr. Cranbrook considered her own evaluation, the evaluations and testing done by Dr. Gilbertson and Dr. Kenning, and her training and experience. A significant factor was that the adolescent brain does not reach full maturity until the mid-twenties and that development is particularly uncertain in an individual with ASD.

50. Dr. James Gilbertson has been a licensed Psychologist since 1974, and a licensed Marriage and Family Therapist since 1989. Dr. Gilbertson has a Ph.D. in Clinical Psychology, with a minor in Neuropsychiatry. He has maintained a private practice since 1975. Ninety percent of his caseload involves forensic psychological work as described above.

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51. Dr. Gilbertson was appointed by the Court to conduct the psychological component of this Juvenile’s certification study. Dr. Gilbertson is an independent evaluator providing his expert opinion to this court on the issue of adult certification. He has the education, training, experience, and expertise to make an informed recommendation to the court.

52. During his interview with LaDue, Dr. Gilbertson noted concerns with the Child’s demeanor

and affect and felt he should be tested for ASD. Dr. Gilbertson conducted other tests including an intellectual estimate, a risk assessment, a psychopathic traits or psychopathic indicator checklist, and a personality inventory.

53. The results of testing confirmed that John LaDue has ASD. The testing revealed that LaDue

did not have indications of clinical psychopathy, but did have impairments in interpersonal/affective trait components including continued evidence of grandiosity, manipulation, lack of remorse, shallow affect, callousness, and lack of empathy. The Juvenile answered “yes” to the following behavioral problem checklist questions: deliberately destroyed other people’s property; committed fraud; stolen anything worth more than $50; broken into a building, house or school; possessed a weapon (gun, knife, excluding a pocket knife); and, set fires on purpose to cause serious damage. Dr. Gilbertson reported that LaDue is not completely lacking in remorse and empathy but those traits are at a very low level for him.

Dr. Gilbertson agreed that the typical risk assessment used by to evaluate LaDue (SAVRY) may not be accurate as it is geared toward the general juvenile delinquent and not a juvenile with a specific and narrowly targeted violence. The SAVRY showed a low risk for violent re-offense. Dr. Gilbertson subsequently conducted an individualized risk assessment, using the Secret Service model, and opined the Juvenile represents a substantial probability of being at risk for future violence unless intervention is applied.

54. After a discussion with LaDue’s current treatment provider at PLYP, Dr. Gilbertson questions whether any treatment provider will make a significant impact on the Juvenile’s ability to experience true empathy, remorse or guilt. The Juvenile, apparently, can intellectualize and talk about these emotional experiences in the abstract, but it is Dr. Gilbertson’s opinion that the Juvenile’s ASD and the way he is “wired” prevents him from experiencing a true emotional response. Dr. Gilbertson did not feel that the Juvenile will grow out of this or that we are seeing simply a late-age adolescent maladjustment, nor are we seeing a “late bloomer.” It is Dr. Gilbertson’s opinion that LaDue will prefer living alone and not having his life under the scrutiny of others. The Juvenile will always have a socially marginal existence. This is concerning as Dr. Gilbertson also opined that the longer LaDue is forced into operating in a social context the less the risk is for retreating into his past violent fantasies.

55. Dr. Gilbertson also agreed that the current treatment/programming being offered at PLYP is not appropriate for this Child, given his ASD and focus on targeted violence. While the

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Juvenile has participated in treatment groups, his past is not examined, he is not confronted with his previous dynamics, and is not asked about them. His psychological dynamics have been untouched in the group-oriented program at PLYP.

56. Dr. Gilbertson expressed concerns that LaDue has not progressed farther in his current

treatment/programming at PLYP. Dr. Gilbertson was surprised that LaDue had not engaged in more reflection, self-critique, or expressed, in some fashion, greater concern over his past behavior. Dr. Gilbertson determined that LaDue had not utilized his time in detention in any moral self-search attempt to reconcile his thinking of the past with his current and future desires. The Juvenile’s approach to problem solving remains, primarily, analytical, logical and over-intellectualized. There is no evidence that he has experienced, at an emotional level, the course he began, the risk that he may have represented if he carried out his plans, and the surprise and concern that others have expressed, given the person they knew versus the person who emerged when all facts were available. In Dr. Gilbertson’s expert opinion, this indicates LaDue is not, on his own, able to self-reflect, challenge, understand and/or develop the kind of mindfulness that bridges both his past, his current and his future.

57. When Dr. Gilbertson first interviewed LaDue he did not observe any signs of active remorse, active self-critique, puzzlement over how the Juvenile became what he became, a wish to reach out for greater self-understanding, and to more thoroughly examine his thinking and beliefs and/or their origin in a moral, empathic or social context. During his subsequent interview, approximately one year later, Dr. Gilbertson did not observe that LaDue was any farther along in treatment on this issue.

58. It is Dr. Gilbertson’s opinion that the Juvenile will have to be placed in a group program that

would challenge, support and confront his difficulties in a social context. The Juvenile would have to experience the social reactions of others, process their concern, and be encouraged to process, at an emotional level, what he has done.

59. Dr. Gilbertson opined that LaDue engaged in grievance-oriented thinking. The Juvenile believed that killing his family and the mass killing of his classmates was necessary to “right the wrongs” he believed he had experienced from them, that is, social rejection, their failing to appreciate his specialness, or his perceived lack of being understood, appreciated, or given his due. The Juvenile believed that he was targeted, rebuffed, did not belong, and was not accepted by his peer group. These feelings of being misunderstood or dismissed contrasted with his belief that he was smarter, more intelligent, more reasoned, and a “cut above” his peers.

60. Dr, Gilbertson found no indication of a significant mental illness with marked distortions of

reality like command hallucinations. He did find that LaDue has cognitive distortions.

61. Dr. Gilbertson testified that there are five current risk factors that LaDue needs to address, through therapy, in order to ensure public safety. First, the Juvenile needs to deal with his

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social interaction deficits, that is, how to get along with and understand other people. He needs to address this issue through group therapy so that he has a chance of being critiqued by other group members, supported by other group members and learn how other adolescent young men think and feel. Dr. Gilbertson opined that group therapy is absolutely necessary to offset this risk factor. Dr. Gilbertson also opined that group therapy would be difficult to actively participate in by someone with ASD and the amount of time needed to accomplish the goals of this type of group therapy would be longer for a person with ASD.3

62. Second, LaDue needs to address his grievance-oriented thinking. Dr. Gilbertson described

this behavior as collecting perceived injustices done to LaDue, such as, not appreciating how bright he is. LaDue considers these actions by others to be grievances, he collected them, internalized them, and obsessed about them. He does not tell the other person that he feels he has been wronged. He needs to learn that holding onto these perceived grievances is a distortion. Dr. Gilbertson opined that LaDue needs to address this risk factor through both individual and group therapy.

63. Third, LaDue needs to address his focus on violent retribution as a response to his perceived

grievances. Not all people who are unhappy with other people or feel that they are not getting what they deserve go to violence as an option. Because of his ASD, LaDue will have a difficult time changing his internalized focus from violence to a healthy coping mechanism in response to a perceived grievance. Dr. Gilbertson testified that this risk factor will need to be addressed through individual and group therapy. Dr. Gilbertson opined that these forms of therapy will be difficult and require hard work. Dr. Gilbertson believed LaDue will show signs of denial, resistance and defensiveness to these types of therapy, which will slow down the therapy process and require more time to complete.

64. Fourth, LaDue has to address his inflexible and rigid thinking that are part of his ASD. Dr.

Gilbertson described this as someone who sees an idea, the idea captures him, it is difficult for the person to move away from the idea, and he thinks in a loop. LaDue needs to learn how to break up these thinking loops and how to not be obsessed with an idea or plan. He must learn to take in new information, alter his perspective, and move away from that main centralized loop of thinking. This also includes the component of empathy, to think about how other people would feel or react to his thoughts, plans and actions.

65. Fifth, LaDue must be required to address his secret, isolationist lifestyle. LaDue

accomplished many of his acts while walking around and looking okay. He hid his secret life from family, friends, co-workers, classmates and school personnel. Even now, PLYP counselors foresee the Juvenile’s future to include living alone, not having a significant relationship, and staying apart from people. Dr. Gilbertson opined that the Juvenile cannot

3 There was also testimony that group therapy would be unsuitable for LaDue because the sessions would be too

chaotic and provide too much sensory stimulation and input considering his ASD. This conflict further illustrates the difficulty in finding appropriate programming for LaDue,

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be allowed to retreat into isolation and secrecy again. Dr. Gilbertson testified that everyone needs interaction with other people because we learn who we are based on what others tell us about ourselves.

66. Dr. Gilbertson testified that LaDue will do well in any highly structured placement setting.

LaDue will get reinforcement from following the rules because if he does that is will draw attention to him. LaDue seeks and appreciates attention being drawn to him but it does not mean that therapy will be easy for him.

67. Dr. Gilbertson did discuss the public safety factors in his report and his testimony. He stated that seriousness of the offense and LaDue’s culpability favored certification. LaDue’s actions were clearly aimed at harming people. He engaged in long-term planning and manipulated others and kept his actions secret while he was preparing for the attack. He also acted alone and was not encouraged or coaxed into his behavior by anyone else. The prior record of delinquency weighs against certification. Dr, Gilbertson was unable to express an opinion about the additional weight to be given the first and third factors because he had no objective or scientific way to make that evaluation. He also stated that the factors relating to programming, especially the time available to complete, weigh in favor of certification. Because of the LaDue’s age, the time needed to complete therapy, and the fact that brain maturity does not occur until the mid-twenties, Dr. Gilbertson does not believe there would sufficient time under an EJJ designation to meet LaDue’s need for treatment.

68. LaDue’s program history can cut both ways. He has not made much progress in the last

year but he also hasn’t been exposed to any kind of appropriate treatment so we don’t know his true treatment potential. He also could be treated within the juvenile system. Woodland Hills would be one option for LaDue. Red Wing also has programming but would not be otherwise suitable because of the exposure to individuals with hardened anti-social attitudes. LaDue is not so atypical or unusual that the juvenile system couldn’t deal with him. The major difficulty is the length of time he has available under EJJ (30 months) and that is not long enough. Imprisonment in the adult system would also be unsuitable. LaDue would likely finish his time and not have his therapeutic needs met. He would also be at risk to come out of prison with hardened anti-social beliefs and attitudes as a result of exposure to other inmates.

69. Dr. Gilbertson concluded that John LaDue currently poses a danger to public safety and the

best option for treatment is referral to the adult system.

70. Dr. Gilbertson testified that LaDue needs to remain in an institutional treatment setting until his mid-twenties, to be followed by a long-term, intensive residential treatment center/halfway house placement, to be followed by placement in the community under enhanced supervision.

71. Nicole Grams has been employed by Waseca County Court Services since 2000, previously as a probation agent and currently as the Steele-Waseca County Drug Court Coordinator.

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She prepared a certification report for the Court on this matter. She has been providing pre-trial services for this case, such as recommendations for placement and monitoring of the Juvenile. She has worked primarily in juvenile probation and has little or no experience with adult criminal issues including treatment options and sentencing.

72. Nicole Grams’ certification report included the social history, criminal history, mental

health, chemical health, and school history of the Juvenile. She reviewed the psychological reports of the Juvenile and made a recommendation to the Court regarding adult certification.

73. Nicole Grams is familiar with the placement options available in the State of Minnesota for

juveniles. She contacted numerous juvenile treatment facilities throughout the State and only two facilities would accept the Juvenile; Red Wing and PLYP. Red Wing said they would only accept LaDue if the placement was court ordered. Red Wing felt their programming was not appropriate to fit the LaDue’s needs. PLYP said they would accept him, however, all three psychologists, Dr. Cranbrook, Dr. Gilbertson and Dr. Kenning all testified that the current programming at PLYP is not appropriate to fit the needs of the Juvenile. PLYP is primarily a corrections program and is not designed to deal with LaDue’s needs for therapeutic and cognitive treatment.

74. Several of the juvenile treatment facilities would not accept the Juvenile past his nineteenth

birthday, which is approximately five months from now, (December 19, 2015). These facilities said they would not accept the Juvenile into their program, after his nineteenth birthday, even if he was designated an Extended Jurisdiction Juvenile.

75. Nicole Grams also supported adult certification based upon the psychological testing and

recommendation of Dr. Gilbertson, the lack of juvenile placements appropriate to fit the needs of the Juvenile, and the lack of time left under an EJJ designation to treat the Juvenile, that adult certification is the best option to meet the needs of public safety.

76. Part of the basis for Grams’ recommendation was also based on the information she

obtained from the Sentencing Guidelines Commission about Hernandizing LaDue’s criminal history score. After a conversation with an unidentified person at the Commission, Grams conclude that several of the six counts would be sentenced as presumptive commitments to prison because the Hernandez method would be applied. State v. Hernandez, 311 N.W.2d 478 (Minn. 1981). Grams’ conclusion on this issue is without merit.

77. In this case LaDue is charged with possession of explosive devices. There is one count for

each device. Three for the three devices found in his bedroom, and three for the three devices found in the storage unit. All the devices were intended for the same purpose and were built pursuant to carrying out a single criminal plan. Under the circumstances, they would, at most, amount to two separate behavioral incidents and LaDue could not be convicted and sentenced to six separate terms without violating Minn. Stat. § 609.035. In addition, to allow the Hernandez method to be applied at the stage of certification would

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unfairly bias the system in a way not intended by the rules and statutes governing the procedure and would be unsupported by any precedent whatsoever. It would also raise the temptation for mischief by prosecutors who could simply stack up multiple counts in a juvenile petition in order to create a presumption of certification. Accordingly, no weight is given to the idea that this offense is more serious based on the prospect of a presumptive commitment to prison and this is being treated as a non-presumptive certification petition.

78. Dr. Mary Kenning was retained by the Child to evaluate his programming options. As noted

above, she was first retained by his parents to determine if his placement in the summer of 2014 was meeting his needs. Her evaluation of LaDue included an MMPI-A and use of the RSTI (Risk-Sophistication-Treatment-Inventory). She found LaDue scored high in sophistication and maturity. That means he would be easy to deal with in treatment because he has some independence and can make decisions for himself. He was also found to not be suffering from depression. He scored in the 99th percentile for amenability to treatment. He does not have other issues that often complicate treatment such as chemical dependency or a record of escalating violence and anti-social behavior. She found his to be at low risk for violent re-offense.

79. Dr. Kenning stated that because of his ASD, LaDue takes longer to develop a relationship

with a therapist. He needs someone who specializes in treating people with ASD. He needs help understanding and building relationships and how others experience them and the emotions that go with any relationship. She believes that, if LaDue meets with a therapist at least once a week, it will take about a year for him to receive and complete the treatment he needs to correct the behaviors that led to his current charges. Although she agreed with Dr. Gilbertson that complete brain maturity is not reached until the mid-twenties, there is sufficient time, under an EJJ designation, to complete treatment and protect public safety. She did not evaluate or express an opinion about any of the public safety factors.

80. Donovan Bailey is a dispositional advisor for the Third District Public Defender. He has

visited LaDue both at Red Wing and PLYP a number of times. He has been in contact with treatment providers and program supervisors familiar with LaDue’s programming and participation. LaDue has done well in treatment and participated in any programming he has been asked to do. Bailey recommends that LaDue remain at PLYP and, when he is ready for release, he can be released to the community with supportive services, including individual therapy, in place and provide through coordination between social services and corrections.

Public Safety Factors

81. The first public safety factor is seriousness of the offense. LaDue is charged with six counts of possession of explosive/incendiary devices. These devices were built by him as part of a larger plan to explode them at Waseca High School, kill the school liaison officer, and then kill students in the ensuing confusion. He engaged in sophisticated, long-term planning, did extensive research in support of his goals, and even engaged in testing his devices in public places in Waseca in the months before he was caught. The dismissed charges are not a

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factor here but the devices found in LaDue’s bedroom and the storage unit cannot be divorced entirely from his larger plan. Under the circumstances, this is a very serious offense, and this factor weighs in favor of certification.

53. The second public safety factor is the culpability of the juvenile for the offense including the level of the juvenile’s participation in the planning and carrying out of the offense and the existence of any mitigating factors recognized by the Minnesota Sentencing Guidelines. John LaDue acted alone. He was not influenced by others who encouraged or supported his endeavors. He engaged in sophisticated planning and preparation. He did not act impulsively. He is solely responsible for his behavior and his role in the offense. Although he meets criteria for a diagnosis of ASD he was not suffering a severe mental illness, such that his ability to understand his offense related behaviors would be compromised. His lack of empathy and inability to make sustainable relationships did, however, contribute to his isolation and grievance-oriented thinking. He did engage in the alleged offense behaviors in a solitary fashion, aside from gaining assistance from others through deception. His journal and statements detail a high degree of research, planning and organization in accessing supplies and making bombs/incendiary devices. This factor weighs in favor of certification.

54. The third public safety factor is the Juvenile’s prior record of delinquency. John LaDue does

not have any history of significant involvement in the Juvenile Justice System. He was once cited for a curfew violation and participated in a diversion program. Petitioner argues for considering a history of previously undetected anti-social conduct which including thefts, lying/manipulation and setting off bombs in the community. Despite the lack of outwardly identifiable concerns, the Juvenile successfully hid his violent plans, his increasing supply of weapons and means to build weapons, and his practice attempts at building and igniting explosive devices in the community. The dangerous activity occurred over a relatively short time (less than a year), especially considering that LaDue was about 16 when he began his violent plan. Before that time there is no record, documented or otherwise, of anti-social or delinquent behavior, issues of chemical dependency, assaultive behavior, acting out or being disruptive at home or school, or engaging in gang activities. This factor weighs in favor of EJJ designation.

55. The fourth public safety factor is the child’s programming history. The Juvenile has not been the subject of any significant intervention prior to being detained. However, he has been detained since his arrest, on April 29, 2014. LaDue has been compliant with behavioral expectations in detention and at PLYP. Although he has expressed feelings about his programming that indicate he is not interested in changing his behaviors or thinking, he has also not been in programming designed for his special needs. He has stated that he does not believe he needs any more therapy or treatment and does not see the need for further intervention. But he has made some progress nonetheless. He has moved away from grievance-oriented thinking and has done everything asked of him at PLYP. His superior attitude towards peers has also been reduced. He is reported to have improved his

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relationship with his family. He has not yet been given a full and fair opportunity to participate in appropriate programming. This factor weighs in favor of EJJ.

56. The fifth public safety factor is the adequacy of the punishment or programming available in the Juvenile Justice System, either in the exercise by the court of its delinquency jurisdiction or in its jurisdiction over Extended Jurisdiction Juvenile cases. John LaDue is 18½ years old. Accordingly, there would be about 2½ years available for intervention and monitoring should he be designated an Extended Jurisdiction Juvenile. (Neither Petitioner or the Child argues for retention in the delinquency system. Both they and the expert evaluators agree that more time is needed for treatment and reintegration into the community than is available before LaDue turns 19). LaDue currently presents a serious risk of future violent behavior without intervention. Were he to return to his social isolation and grievance-oriented thinking, he would be at risk for committing serious targeted violence that could result in a significant loss of life and property. The Juvenile poses a risk to the community at large given that he has the potential to develop hostility toward individuals with whom he comes into contact, ruminate upon and enhance resulting hostility, and return to an escalating pattern of violent ideation, planning, preparation and, potentially, action. Considering the seriousness of the present offenses, his diagnostic status, his future risk of violent behavior and concerns regarding his amenability to treatment in the shorter term, it does not appear that the time available under an EJJ designation would be sufficient to allow for intervention and an adequate period of monitoring to meaningfully ensure public safety. The most thorough evaluation conducted in advance of the certification hearing was conducted by Dr. Gilbertson who, in effect, evaluated LaDue twice and considered not only his background but his response to participation in programming. Although Dr. Gilbertson stated that there are options available in the juvenile system, the significant factor is time needed to complete treatment and then be reintegrated into the community. LaDue needs programming tailored to his ASD. He needs to learn skills that will keep him from isolating himself and engaging in grievance-oriented thinking in the future. His treatment providers need to be assured that he not only completes treatment but that he has internalized what he has learned along the way. This factor illustrates what makes this case difficult. It involves an individual with special needs who is particularly unsuited to a corrections-oriented delinquency program and to imprisonment as an adult. Both those paths provide the least assurance of public safety and are not in the child’s best interests. With the recent advances in the understanding of brain development, an adolescent in his late teens may not be able to complete programming as an EJJ in time to meet the jurisdictional deadline of his 21st birthday. What is actually needed is the ability to extend EJJ until age 25. Unfortunately, that option is not available. The weight of the evidence on this factor is that programming under EJJ might be adequate in terms of quality to meet the needs of public safety but there is not sufficient time to

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complete it given John LaDue’s special and particularized issues. This factor weighs in favor of adult certification.4

57. The sixth public safety factor is the dispositional options available for the Juvenile in the court’s exercise of delinquency jurisdiction or in its jurisdiction over Extended Jurisdiction Juvenile cases.

The Juvenile has not been the subject of any prior intervention, aside from that provided in detention. Intervention provided to date has not been of the type or intensity that would be needed to address his diagnosis. One of the major concerns is the ability of a person with ASD, once they have become focused on an interest, to be able to shift out of that interest pattern. The Juvenile appears to require an extended period of residential placement in a setting that can provide skilled therapeutic interventions for individuals with ASD who also have violent interest patterns. The availability of such an intervention is unclear as most interventions aimed at treating youth who have engaged in violent offending focus on addressing antisocial conduct, values and beliefs. Significant portions of programming are devoted to supporting prosocial behaviors, decreasing impulsivity and enhancing emotional regulation/coping strategies. Such an intervention would be inappropriate for the Juvenile as he does not demonstrate problems in functioning similar to a typical youth involved in the Juvenile Justice System. The Juvenile would be apt to proceed through such a program without difficulty, and his specific needs would not be addressed. Rather, the Juvenile requires a highly specialized program of intervention aimed at addressing his deficits in social relatedness and empathy while combatting his restricted and repetitive interest in targeted violence. The availability of an appropriate program is uncertain given that there are very few youth requiring this type of intervention. The evaluators all agreed that there are options available for John LaDue that would be aimed at his ASD and changing his pattern of isolation and grievance-oriented thinking. The most significant factor, however, is not the suitability of such programming but whether there is sufficient time to complete it before he turns 21. LaDue will need to complete the residential or in-patient treatment including individual therapy and then be subject to a transitional period of half-way house or similar programming. Then he would have to undergo monitoring in the community under the supervision of social services and corrections to ensure that he has internalized what he has learned and does not return to a pattern of isolation. He is amenable to treatment and, with it, presents a significantly lower risk of violent recidivation. But it does appear that the recommended course of treatment and monitoring would be needed for a longer period of time than would be available under an EJJ designation, in order to ensure public safety.

This factor weighs in favor of certification.

4 This conclusion is made with the understanding that the best option for public safety and for LaDue as an adult

will be no different than if he were designated EJJ. That is, a term of probation, coupled with appropriate programming to respond to his special needs for treatment as opposed to incarceration.

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58. The court is required to consider all six public safety factors and to give greater weight to the seriousness of the offense and the prior record of delinquency. Although the prior record weighs in favor of EJJ, it does not do so heavily enough to outweigh the seriousness of the offense. Taking that first factor and adding to it the weight of factors two, five and six, there is clear and convincing evidence that public safety is not served by retaining John LaDue in the juvenile system and designating him an EJJ. Petitioner has met its burden and John LaDue should be referred for prosecution as an adult.

CONCLUSIONS OF LAW

1. Petitioner has shown, by clear and convincing evidence, that public safety is not served by retaining John David LaDue in the juvenile system as an Extended Jurisdiction Juvenile.

2. Considering the six public safety factors and giving greater weight to the seriousness of the offense and the child’s prior record of delinquency, the public safety factors weigh in favor of adult certification.

3. Adult certification will serve public safety and meet the needs of the child for treatment and

rehabilitation.

Based upon the foregoing Findings of Fact and Conclusions of Law, the Court hereby makes the following

ORDER

1. The Petition for Adult Certification is GRANTED.

2. The Waseca County Attorney is to file a Complaint in District Court alleging that John David LaDue committed the offense or offenses of possession of an explosive or incendiary device, in violation of Minn. Stat. § 609.668, subd. 2(a) in Waseca County on or about April 29, 2014

3. Probable cause, pursuant to Minn. R. Juv. Del. P. 18.05, subd. 3, exists to believe that John David LaDue committed the specified offense or offenses of possession of explosive or incendiary devices in Waseca County on or about April 29, 2014.

4. The Juvenile shall immediately be transported from the Prairie Lakes Youth Program to the Waseca County Jail where he will be held, as an adult, until he makes an appearance in Waseca County District Court, Adult Criminal Division, within thirty-six (36) hours after filing of the Certification Order, exclusive of the day of filing, Sundays or legal holidays or as soon thereafter as a judge is available.

5. It is in the best interest of public safety that an early determination be made concerning bail and other conditions of release, including return to Prairie Lakes, of John David LaDue pending trial.

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Dated this __21st__ day of August, 2015. WASECA COUNTY DISTRICT COURT

_____________________________ Robert Birnbaum Judge of District Court