Sunday, February 4, 2018
Man Who Repeatedly Raped a Child in Oakdale, Raped another Child While on Probation and Will be Out in 2 Years
Robert Heinze who admitted to police he horrifically raped a 9 year old boy on multiple occasions from 1996 through 1997 in Oakdale. Got convicted of 1st degree criminal sexual conduct. He served a short 5 years of 7 and moved to Green Bay and raped another child there and was convicted in 2010... again, only 5 year sentence. Comes back to Washington County MN in 2015 and the judge that convicted him in 1998 presided over his violating probation hearing. The judge, with the horrifying rapes burned into the mind from years back, tries to throw the book at him with an "upward departure" above MN sentencing guidelines by giving an additional 20 months (not much, but the best weak MN law would allow). The Supreme Court ruled in the 1980s that it was legal to do this with documented reason.
(Over a dozen articles just like this here: wcwatchdog.com/local-sex-offen
The rapist, Robert Heinze appealed to the higher court with his free court appointed attorney (as most do when faced with going back to prison, as it doesn't cost them to try). He wins in April 2017 and reversed the judge's decision because of weak and loophole filled MN sex offender law. The higher court ruled that because the required reason for upwardly departing was not put on one page of the paperwork it was therefore illegal for the judge to upwardly depart from weak MN sentencing guidelines. They ruled the lower court had to give him a weak sentencing guidelines sentence. So in June 2017 he got 4 years and 4 months with credit for 2 years. This serial child rapist will be back on MN streets in two years because of this. But even with the upward departure it would have only been an extra 20 months.
This horrifying story is a prime example of failed MN sentencing guidelines and failed MN law that functions under the assumption child rapists can be rehabilitated and that sex offenders should remain anonymous on the sex offender registry. 47 other States post the name and exact address of Sex offenders and it works; but it doesn't grow in MN because the public isn't aware the 17,000 MN sex offenders who are out of custody are also out of the public eye.
Also, the biggest obstacle to better sex offender laws we believe is the Minnesota County Attorneys Association (MCAA). They're a powerful group of county prosecutors who provide opinions to law makers on proposed law changes with their expert testimony. For some reason, they side with big lawfirms for sex offenders. There's articles on the MCAA website defending their ridiculous positions. One is titled "It's Time To Rethink Sex Offender Registries" written by Laura Fenstermake in 2017. She talks about how the 47 states who have public sex offender registries are wrong. Arguing that sex offenders "need more support from society to help keep them on the straight and narrow." She cites how an 18 year old who sleeps with his 17 year old girlfriend can be on a sex offender registry. This is not possible in many states because of what's called "Romeo and Juliet" laws. Arguments like this fill the MCAA articles and have no mention of the protections written into law to keep people who shouldn't be on the offender list, off it. In this Kare11 story: Lawmakers fail to close sex crime loopholes MCCA calls some of the loopholes for sex offenders "Tools for prosecution."
Back to this horrifying story, The criminal complaint from 1997 is very disturbing so be forewarned. It's of value considering how open he was admitting to police about what he did and how he did it to the poor child for so long. All the info about the timeline of this is in his Appeal in April 2017.
Again the story is, had it not been for the same judge, the serial rapist probably would have got the rubber stamp that ALWAYS occurs when child rapists come back for violating insane plea deals for probation. Usually, child rapists get credit for time served (while in jail awaiting trial) and only get additional probation... this is a result of the EXTREMELY passive County prosecutors who know if they don't pursue an extra day in jail the rapist will plead guilty for violating probation as long as they don't get extra prison time.
DEFENDANT: Robert Nicholas Heinze
CITY/RESIDENCE: St. Paul, MN
AGENCY: Oakdale Police Department
Case #: 97024060
JUDGE: Susan R. Miles
CONVICTION: 609.342.1(a) Criminal Sexual Cond-1st Degree-Penetration or Contact with Person Under 13-Actor >36m older
COURT Court File #: KX97001435
SENTENCE: Committed to the Commissioner of Corrections for 52 months, credit 829 days, DNA previously ordered, 5 years conditional release, consecutive to 62-K3-97-742. State requested: 52 months, credit for time served 829 days.
He was previously convicted of:
9/11/1997 Criminal Sexual Cond-1st Degree-Penetration or Contact with Person Under 13-Actor >36m older and served 86Months (did 5 years of 7 year sentence)
Convicted again for child rape in 2010 in the state of Wisconsin
REST HEINZE ROBERT
HEINZE ROBERT NICHKOLAS
HEINZE ROBERT NICHKOLOS
HEINZE ROBERT NICHOLAS