Man Who Repeatedly Raped a Child in Oakdale, Raped another Child While on Probation and Will be Out in 2 Years

Robert Heinze

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 two dozen articles just like this here: wcwatchdog.com/local-sex-offender-articles/)

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 appear to think 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.

Please contact your legislators. see: www.leg.state.mn.us/leg/districtfinder

The problem is further explained in our related article: Watchdog Review of Each of the Fifty States Sex Offender Laws Finds Minnesota Ranked the Most Unsafe

The solution is in Minnesota law makers hands to make it so no sex crime against a child goes without mandated prison time and lifetime sex offender registration. Currently most child rapists rarely do more than a year in jail and no more than 10 years on the sex offender registry. See more about the solution here: Rampant Sex Crime on Children, in Just 2yrs, 10 Cases From County Alone, 8 Simple Laws to Update

For many more examples from Washington County of convicted sex offenders still on our streets see our other posts here:
wcwatchdog.com/local-sex-offender-articles/

DATE: 6/15/2017 

DEFENDANT: Robert Nicholas Heinze 

DOB: 5/8/1974 

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

Aliases:

REST HEINZE ROBERT

HEINZE ROBERT NICHKOLAS

HEINZE ROBERT

HEINZE ROBERT NICHKOLOS

HEINZE ROBERT NICHOLAS

*In no way do we wish harm to the convicted sex offenders outside the judgement of the law. Posting each criminal's data allows the public to decide from the evidence if they appreciate knowing such data. Such as what these sex offender's last known address is. No representation is made that the individuals listed here are currently on the state's offenders registry. All names presented here were gathered at a past date. Some persons listed might no longer be registered offenders and others might have been added. Some addresses or other data might no longer be current. Owners of Washington County Watchdog assume no responsibility (and expressly disclaim responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. All data was only accurate at the time of posting per Government sources provided. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any data presented on this site. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability. Message us if you can verify us of an address or change in data.  Washington County Watchdog is not responsible for the accuracy of the content shared, refer to our linked government sources.  

Predator Who Went to Hotel to Rape Two Children Will Walk With a Clean Record Because Representative Grossell's Bill Did Not Pass

John Duc Pham

Convicted last week, child predator John Duc Pham is #24 on our Washington County Watchdog list. See: http://wcwatchdog.com/stings/  Read the Criminal Complaint how on April 6th 2016 John Pham arranged to meet who he thought was a 15 year old child and her “little sister” for “straight sex” with the children at a hotel in Oak Park Heights. Pham was arrested when he arrived to the hotel room and later charged with agreeing to hire a child for prostitution it appears.

He is one of dozens who have been caught in child trafficking stings the County used to conduct. However, they now focus solely on trying to catch pimps. Nearly all these pimps caught in the County are soliciting adult prostitutes. To best of our knowledge, the county has only caught one operation that may have been using a minor (17 years old). It's unfortunate the County appears to have completely abandoned catching child predators with stings. Some experts believe that the original approach the County was using to combat the rampant sex crime on children in Washington County is more effective than chasing Tinder, Backpage, and Craigslist ads in the "adults seeking adults" section for child victims. That is, continue stings that catch child predators. It dries up the market two fold by catching and identifying sex offenders who prey on kids while scaring off those who have not yet been caught. Better yet, do both, attack the problem from both sides. County attorney Pete Orput is one phone call away from nearly a dozen legislators in Washington County who would most certainly author a bill for any dollar amount to combat child sex trafficking. Especially when we have Representative Kelly Fenton who authored a bill to fund a park that was already fully funded privately!

Problem number one is the County Attorney Pete Orput and prosecutor Imran Ali agree'd to this insane plea deal for Pham it appears. Because he's getting off with a "stay of adjudication." Which means this guy who went to a hotel to rape a 15 year old and her "little sister" is going to have a clean record if he finishes his measly 5 years of probation. Problem 2, is the law exists. See the article on how the loophole works:

KARE 11 Investigates: Minnesota's secret sex offenders

How can this be when the law was supposed to be changed thanks to the lead of republican Matt Grossell who authored a bill first thing last 2017 session to close this loophole? The bill was HF1572/ SF1895 sponsored by Representative Matt Grossel and had over 30 other legislator co-signers combined. There were many other good sex offender reform bills that were also killed in the public safety omnibus that was finished nearly two months before session ended.

It was because Senator Limmer along with other senate leaders who killed this bill at the request of the Minnesota County Attorneys Association (MCAA). They killed this bill and several others like it because they were "too sweeping" and "needed more time for review" even though this bill and others were done months before session ended. MCAA says the plea deals are "tools" for prosecutors.

Lawmakers fail to close sex crime loopholes

Doing away with adjudication for sex offenders is not "sweeping." Even California, (arguably, the most liberal state in the Country) has done away with adjudication for sex offenders! 

Sex offenders like John Pham and many others throughout the State are continuing to walk back into the shadows because of legislators like Senator Limmer who apparently do not take child rape seriously enough to pass some common sense laws. Please contact your legislators. see: www.leg.state.mn.us/leg/districtfinder

The problem is further explained in our related article: Watchdog Review of Each of the Fifty States Sex Offender Laws Finds Minnesota Ranked the Most Unsafe

The solution is in Minnesota law makers hands to make it so no sex crime against a child goes without mandated prison time and sex offender registration. Currently most child rapists rarely do more than a year in jail and no more than 10 years on the sex offender registry. See more about the solution here: Rampant Sex Crime on Children, in Just 2yrs, 10 Cases From County Alone, 8 Simple Laws to Update

For many more examples from Washington County of convicted sex offenders still on our streets see our other posts here:
wcwatchdog.com/local-sex-offender-articles/

DATE: 1/24/2018 

DEFENDANT: John Duc Pham 

DOB: 1/1/1965 

CITY/RESIDENCE: Columbia Heights, 

MN AGENCY: Washington County Sheriff's Office 

JUDGE: John C. Hoffman 

CONVICTION: Prostitution - Actor Hires or Agrees to Hire and Reasonably Believes Under 18 

SENTENCE: 

Stay of adjudication and all other recommendations of the pre-sentence investigation. 

5 years of probation, complete 40 hours of community work service within 120 days. Pay fine of $500. 

*In no way do we wish harm to the convicted sex offenders outside the judgement of the law. Posting each criminal's data allows the public to decide from the evidence if they appreciate knowing such data. Such as what these sex offender's last known address is. No representation is made that the individuals listed here are currently on the state's offenders registry. All names presented here were gathered at a past date. Some persons listed might no longer be registered offenders and others might have been added. Some addresses or other data might no longer be current. Owners of Washington County Watchdog assume no responsibility (and expressly disclaim responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. All data was only accurate at the time of posting per Government sources provided. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any data presented on this site. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability. Message us if you can verify us of an address or change in data.  Washington County Watchdog is not responsible for the accuracy of the content shared, refer to our linked government sources.