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Preponderance and Silence

I think mn civil/probate courts have some serious issues as far as fair trials are concerned in this post I'll attempt to make the reader aware of issues I experienced and other patients stories as well.

It's hard to derive intent. That said it would seem in practice the way many trials are carried out subverts due process. If you have a public defender :Mn has also disabled the right to independent review for possible mistrial by incompetent representation.

https://paulmarwuethrich.blogspot.com/2021/07/minnesota-lawyers-board-of-professional.html

 This post is till a work in progress.

When your court appointed has no advice other than suggest a second opinion and stay quiet during the trial; an interesting thing may occure.

An entire trial where all that is heard is subjective opinions by a professional and not in your favor.

Problem is this can prevent anything for you from being heard and or heard in the proper place during the proceedings.


I had a record from a dermatologist suggesting I had a skin condition that's 50% fungal and causation. I also had a script for antifungal shampoo from said dermatologist. I have pictures of blowing out stuff I have never seen in my life









It's even easier when no photographic or recorded evidence is admitted because the hospital doesn't allow you access to the internet and your court appointed hasn't even submitted the medical record you provided as an exhibit to the court.

But one doctor referenced my blog pics as evidence of self harm. Despite having been told about the mold exposure and skin condition.

Basically if you tell the person to shut up and only have witnesses against them well you're always going to have the preponderance of evidence in favor of the prosecution

the illusion of a trial.

If the other side can't cross examine let alone in my case the court appointed advise them to stay quiet as much as possible despite no evidence that I would talk out of turn anyhow...

well if only one side presents a case then what is the preponderance of evidence going to lean towards the side that presented a case or not? Yeah I'm asking this a bit repetitively but that's kind of the point.

Because we're taking people's freedoms without regard to well much of anything really. At least that's how it appears from here.

I don't think it'll be long until we have someone either raped or severely abused that ends up treated for delusions of rape and or abuse while being held for 6 months to a year

maybe we should reanimate the corpse of Jeffrey Dahmer's victim from Wisconsin...you know the one that got away but then the police brought him back to Jeffrey Dahmer. We could bring him to Stearns county and commit him for delusions of persecution

That would be Justice right?

What's preponderance?

Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

 https://www.law.cornell.edu/wex/preponderance_of_the_evidence#:~:text=Preponderance%20of%20the%20evidence%20is,that%20the%20claim%20is%20true.

I think for the intent of the argument I'm making it could be further simplified. 

When a trial lacks evidence for one side and the advice is be quiet... It becomes a bit like the bit at a wedding speak now or dor 6 mo to a year hold your peace.

Further food for thought/Consider the following 

The other point I'm getting at is we've created all to convenient of a vehicle to allow the state to discredit people and in doing so potentially avoid liability.

Keep in mind that discussing hypotheticals. Problem is unchecked power well look at history how often does that go un abused?

I've been asking other patients:

Did you have a public defender? Did you get a chance to cross examine?

If the first answer is yes the next answer has been a resounding not once.

Another issue to consider:

If what someone is delusional or mentally ill for isn't held to a higher standard that because I'm a doc and say so, and if the court takes this at face value. Then:

Freedom of speech and double jeopardy are also possible via mental health diagnosis. I've already been warned that if I talk about this they may paint it as delusions of persecution. which would be rather demented when you're actually being prosecuted for a delusion of persecution if you see what I'm saying.

Maybe the question is at that point does Minnesota have mentally ill and political prisoners or is it actually trying to help people with this program? I've seen a lot of the staff in it are trying to help people. But they're trying their best in the system that for lack of a better phrase sucks ass. a lot of staff have also mentioned it's not uncommon for people to have overridden and underwritten diagnosis to force placements or to hurry placements. Once committed You pass from one facility to the next with very little actual care and a lot of imprisonment. And the kicker is your diagnosis can change throughout, but removing it would mean they have nothing to treat you for.

the state is able to bill $1,500 a day from insurance companies for keeping people in this care.

I was just talking with a fellow patient who said something rather poignant

"They can give the state $1,500 a day yet the most they can give me is $500 once when I get out of here. Do you know how much $1,500 even once would help me get my life set?"

I brought up before the factors of economic mobility are being totally ignored for these people were claiming to help by this imprisonment.

Also the states criteria for holding someone is failure to meet food clothing or shelter demands as well. seems to me as it's currently defined we have a very vicious cycle at very least.

Especially with the reality that the police are under no obligation to enforce theft law.


Last year I was looking into criteria for who gets the shaft by the legal system historically. It seems to be those with the least means regardless of race or gender.

Through a different lens You could argue Minnesota has figured out a way to turn those with the least means into a revenue stream. (Aka taxes on the buildings it rents and people it employes in the system with Federal and insurance company dollars)

Also the current mn ag states there's a desire to use mns bulk purchasing power to drive down prescription costs in mn.

 six cbhhs

 three mshs 

Assume 6k pills per state run facility per month. 

56,000 pills a month. There's plenty more private places you can be court ordered to be held as well

https://www.ag.state.mn.us/Office/Communications/2020/02/19_DPTF.asp


The problem still isn't that this is happening. 

It's the standards of evidence and quality of trial that puts people here. It's also arguably the quality or lack there of in care and healing they encounter.

Related When MN Controls Your Diet (liquid or gas what will come out my ass?)

-John Wuethrich

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