|By Marketwired .||
|December 27, 2012 08:35 AM EST||
TALLAHASSEE, FL--(Marketwire - December 27, 2012) - Final Exit Network made a powerful presentation to a Minnesota court on Tuesday, December 18 in favor of dismissing a criminal case against its volunteers, arguing that the Minnesota law violates their First Amendment rights.
The Final Exit Network corporation, two former presidents, a former medical director and a former case coordinator were named in a 17-count indictment filed last May in Dakota County District Court, charging them with "advising, encouraging or assisting" in a "suicide," aiding and abetting, and tampering with evidence at the scene of a death. The charges arise from the May 30, 2007 self deliverance of Doreen Gunderson Dunn, 57, a resident of Apple Valley.
District Judge Karen Asphaug held a hearing in Hastings, a small town on the Mississippi River a half-hour south of St. Paul, on several motions filed by the defense team. Final Exit Network board members traveled from California, Florida and Ohio and slogged through the snow to show support for the indicted volunteers, along with about 10 FEN members from the Minneapolis-St. Paul area and a law professor and his student, who dropped in -- wearing FEN lapel pins -- to see a "right to die" case in real life.
The main argument was over the constitutionality of the Minnesota law. Though Final Exit Network acknowledges that it is constitutionally permissible to criminalize actual, tangible "assisting" in a "suicide," the organization maintains that Minnesota's law violates the First Amendment-protected right to freedom of speech by also prohibiting "advising" about "suicide" or "encouraging" a "suicide." Though Final Exit Network's protocols prohibit "advising" anyone in favor of suicide, or encouraging a suicide, the statute's language could be construed to prohibit giving information, education, and moral support, which FEN does.
"The prosecutor seemed to be saying Final Exit Network's speech was not protected by the First Amendment because it was 'integral to a crime,'" FEN's president Wendell Stephenson, of Fresno, California, said after the hearing. "This made no sense, because our speech itself was the crime. It was not a means to some other crime. I mean, suicide is not a crime. So what crime is our speech 'integral' to?"
Puzzling over the meaning of the statute, Judge Asphaug pointedly asked the prosecutors whether Pulitzer Prize-winning playwright Tony Kushner broke the law in writing The Intelligent Homosexual's Guide to Capitalism and Socialism With a Key to the Scriptures, which debuted in Minneapolis and was later produced off-Broadway. In the play, when the elderly, disillusioned protagonist announces his intent to die, the widow of an old friend gives him a graphic explanation -- "with props," the judge exclaimed -- of how to terminate his life.
Judge Asphaug said she had seen the Kushner play's debut at the Guthrie Theater in Minneapolis in 2009. She was left with an indelible memory of the graphic scene.
The prosecutor said Kushner and the producers of the play did not break the law because they did not "intentionally" target the information at a person who was "actively contemplating" his or her own "suicide."
No rulings were announced at the hearing. The judge said she would enter written rulings as soon as possible.
FEN's former case coordinator Roberta Massey, 67, of Bear, Delaware, is represented by Ronald I. Meshbesher, the "dean" of Minnesota criminal defense lawyers. Former president Ted Goodwin, 66, of Punta Gorda, Florida, is represented by John Lundquist, a white collar criminal defense specialist. FEN's former medical director, Dr. Larry Egbert, 85, of Baltimore, is represented by Donald F. Samuel and Kristen Wright Novay, of Garland, Samuel & Loeb, in Atlanta, who previously -- with 100 percent success -- defended Dr. Egbert from criminal prosecutions brought in Georgia and Arizona.
Finally, former FEN president Jerry Dincin, 82, of Highland Park, Illinois, a suburb of Chicago, is represented by FEN's general counsel, Robert Rivas, of the Tallahassee office of Sachs Sax Caplan, P.L., a law firm based in Palm Beach County, Florida, who assembled the defense team. The defense team also has local support from Bill Sherry, who has practiced criminal defense law in Dakota County for 20 years.
For further information, contact
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC’s core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Jan. 23, 2017 07:00 AM EST Reads: 6,938
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, discussed the best practices that will ensure a successful smart city journey.
Jan. 23, 2017 05:00 AM EST Reads: 2,145
Web Real-Time Communication APIs have quickly revolutionized what browsers are capable of. In addition to video and audio streams, we can now bi-directionally send arbitrary data over WebRTC's PeerConnection Data Channels. With the advent of Progressive Web Apps and new hardware APIs such as WebBluetooh and WebUSB, we can finally enable users to stitch together the Internet of Things directly from their browsers while communicating privately and securely in a decentralized way.
Jan. 23, 2017 03:00 AM EST Reads: 1,025
"Tintri was started in 2008 with the express purpose of building a storage appliance that is ideal for virtualized environments. We support a lot of different hypervisor platforms from VMware to OpenStack to Hyper-V," explained Dan Florea, Director of Product Management at Tintri, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jan. 23, 2017 02:30 AM EST Reads: 5,021
Data is an unusual currency; it is not restricted by the same transactional limitations as money or people. In fact, the more that you leverage your data across multiple business use cases, the more valuable it becomes to the organization. And the same can be said about the organization’s analytics. In his session at 19th Cloud Expo, Bill Schmarzo, CTO for the Big Data Practice at Dell EMC, introduced a methodology for capturing, enriching and sharing data (and analytics) across the organization...
Jan. 23, 2017 02:30 AM EST Reads: 3,379
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, discussed how leveraging the Industrial Internet and...
Jan. 23, 2017 02:00 AM EST Reads: 6,649
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at 20th Cloud Expo, Ed Featherston, director/senior enterprise architect at Collaborative Consulting, will discuss the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Jan. 23, 2017 01:45 AM EST Reads: 2,784
Why do your mobile transformations need to happen today? Mobile is the strategy that enterprise transformation centers on to drive customer engagement. In his general session at @ThingsExpo, Roger Woods, Director, Mobile Product & Strategy – Adobe Marketing Cloud, covered key IoT and mobile trends that are forcing mobile transformation, key components of a solid mobile strategy and explored how brands are effectively driving mobile change throughout the enterprise.
Jan. 23, 2017 12:00 AM EST Reads: 5,886
IoT is at the core or many Digital Transformation initiatives with the goal of re-inventing a company's business model. We all agree that collecting relevant IoT data will result in massive amounts of data needing to be stored. However, with the rapid development of IoT devices and ongoing business model transformation, we are not able to predict the volume and growth of IoT data. And with the lack of IoT history, traditional methods of IT and infrastructure planning based on the past do not app...
Jan. 22, 2017 11:00 PM EST Reads: 1,048
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
Jan. 22, 2017 07:45 PM EST Reads: 3,875
"LinearHub provides smart video conferencing, which is the Roundee service, and we archive all the video conferences and we also provide the transcript," stated Sunghyuk Kim, CEO of LinearHub, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 22, 2017 03:15 PM EST Reads: 1,698
Internet of @ThingsExpo, taking place June 6-8, 2017 at the Javits Center in New York City, New York, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @ThingsExpo New York Call for Papers is now open.
Jan. 22, 2017 02:30 PM EST Reads: 3,768
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
Jan. 22, 2017 02:00 PM EST Reads: 5,305
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
Jan. 22, 2017 02:00 PM EST Reads: 5,840
WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web communications world. The 6th WebRTC Summit continues our tradition of delivering the latest and greatest presentations within the world of WebRTC. Topics include voice calling, video chat, P2P file sharing, and use cases that have already leveraged the power and convenience of WebRTC.
Jan. 22, 2017 01:45 PM EST Reads: 3,240
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Jan. 22, 2017 01:00 PM EST Reads: 4,400
Discover top technologies and tools all under one roof at April 24–28, 2017, at the Westin San Diego in San Diego, CA. Explore the Mobile Dev + Test and IoT Dev + Test Expo and enjoy all of these unique opportunities: The latest solutions, technologies, and tools in mobile or IoT software development and testing. Meet one-on-one with representatives from some of today's most innovative organizations
Jan. 22, 2017 12:45 PM EST Reads: 1,699
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the ‘digital exhaust’ from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain. In this power panel at @...
Jan. 22, 2017 11:45 AM EST Reads: 2,980
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, discussed the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Jan. 22, 2017 11:30 AM EST Reads: 3,763
The WebRTC Summit New York, to be held June 6-8, 2017, at the Javits Center in New York City, NY, announces that its Call for Papers is now open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 20th International Cloud Expo and @ThingsExpo. WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web co...
Jan. 22, 2017 09:30 AM EST Reads: 3,042