Dakota County Attorney Files Appeal in Right-to-Die Case

Is it illegal to give another person advice on committing suicide, or is it protected by freedom of speech?

That's the question at the heart of a recent appeal filed by Dakota County Attorney James Backstrom's office in the case against several members of a national right-to-die group who are accused of helping an Apple Valley woman commit suicide in 2007.

Backstrom announced late last week that his office is challenging Minnesota District Court Judge Karen Asphaug's March ruling that a Minnesota law making it illegal to assist, encourage or advise another in taking his or her own life was unconstitutional. In her ruling, Asphaug said the word "advise" was too broad and infringed on freedom of speech.

The appeal is the latest development in an already-complicated criminal case against the members of Final Exit Network.

Last May, with assisting another to commit suicide—among other various charges. Prosecutors said the group helped former musician Doreen Dunn, 57, take her own life by inhaling helium. For years, the woman had struggled with chronic, crippling pain.

But the four defendants fired back, filing a constitutional challenge to Minnesota rules outlawing assisted suicide.

As part of her ruling, Asphaug also threw out the felony charge against Thomas Goodwin, the founder of Final Exit Network, on probably cause grounds. Although he was president of Final Exit Network, he did not have contact with Dunn prior to her suicide, investigators found.

Backstrom's office is not appealing that decision, according to a news release from the attorney's office.

The charges against Dincin, who recently died, have also been dropped as the result of his death.