Judge orders sex offender to be held in prison

Published 2:47 pm Monday, April 16, 2012

A high-risk sex offender slated to be released from prison on Thursday in Albert Lea will be held in custody until a judge decides whether to commit him to a civil institution.

Matthew Alan Radke

Freeborn County District Court Judge Steve Schwab on Monday ordered Matthew Alan Radke, 37, to remain at the state prison in St. Cloud, pending the results of a civil commitment hearing likely to take place in August.

Albert Lea police announced last week that Radke, who lived in Albert Lea prior to going to prison, was nearing the end of his sentence in prison. He was scheduled to move to a house on 1307 St. John Ave., where he would live with a relative.

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During a community notification meeting set up Thursday to inform the public about Radke’s release, Freeborn County Attorney Craig Nelson said he was going to fight to get the man committed.

Radke, who is classified as a Level 3 sex offender — an offender with the highest likelihood of reoffending — has previously been convicted of second-degree criminal sexual assault of a young child over a six-year period and fifth-degree criminal sexual conduct of a woman. Most recently, he was convicted in January of window peeping.

Schwab said he believed there is a serious risk Radke will do physical harm to himself or others if he is released.

Nelson said the Department of Corrections made a unanimous decision to label Radke a Level 3 offender and noted that he poses “special concerns” to the public.

Prior to being charged with the second-degree criminal sexual conduct charge, Radke attempted suicide.

He has also had problems with substance abuse.

As part of his sentence for the second-degree charge, Radke was to have no access to the Internet, no contact with minors, no pornographic materials and no alcohol or mood-altering chemicals, among other conditions.

However, Radke violated his probation by obtaining pornographic materials through the Internet and then broke another rule of probation when he was window peeping, Nelson said.

“He does pose an eminent threat to himself and others,” the county attorney said.

Throughout each offense, Nelson said Radke’s victim pattern appears to have expanded. At one point, Nelson said Radke admitted to being engaged in this type of behavior since he was in his teens.

Radke’s lawyer, Ryan B. Magnus, argued that a plan was already in place where Radke could be released to the residence on St. John Avenue and be essentially on house arrest until the hearing.

Magnus said the plan included GPS monitoring, no contact with minors or vulnerable adults and no alcohol or mood-altering chemicals. It also included complying with a chemical dependency treatment program. He said these protections would be in place for community safety.