State to appeal rapist's release from Minnesota Sex Offender Program

Minnesota Human Services Commissioner Emily Piper says her agency will fight the conditional release of a notorious sex offender.

Piper objects to a decision this week by a judicial panel that would allow Thomas Duvall to leave the Minnesota Sex Offender Program (MSOP) and to reside in a supervised facility.

"I, along with three testifying experts in this case, believe that Thomas Duvall poses an exceptional risk to public safety and should not be released into the community at this time," Piper said in a statement. "I disagree with the court's decision to the contrary and will appeal this decision."

Duvall, 62, has been locked up for 30 years following a series of rapes of teenage girls in the 1970s and 80s.

In their decision, the judges noted Duvall's progress in treatment and compliance with program rules.

"The panel finds that petitioner has demonstrated he can control his behavior and comply with rules and expectations of MSOP while residing outside the secure perimeter on the St. Peter Campus and while on escorted outings in the community," the judges wrote.

Under the proposed discharge plan, Duvall will live at a residential facility operated by Zumbro House. His 24-hour supervision will include GPS monitoring.

The judges said the plan "can provide the requisite level of safety needed to reasonably protect the public."

State law allows the MSOP executive director to revoke a provisional discharge if its conditions are not met.

Duvall was up for a conditional release four years ago, but he withdrew his petition. Gov. Mark Dayton then halted all releases until improvements were made to the program.

Piper said state law puts the discharge on hold for 15 days while an appeal is filed.

"I'm already working with the attorney general's office on developing our appeal and making sure that we file it timely and that it's as robust as possible," she said.