Marc Kajouji becomes a suicide prevention advocate after his sister, Nadia, dies by assisted suicide.

By Alex Schadenberg

Executive Director - Euthanasia Prevention Coalition

Yesterday, an former from Minnesota, was found guilty of attempting to assist the suicide of Canadian teen, Nadia Kajouji in 2008. Today is world suicide prevention day.

Marc Kajouji, who has become a suicide prevention advocate with the suicide prevention group Your Life Counts responded to the Ottawa Citizen concerning the conviction of William Melchert-Dinkel that:

“It doesn’t change anything, I still have lost my sister, but at least there’s some sort of followup and a way to highlight the issue because there isn’t a voice for the 4,000 other families in Canada that go through this, (suicide)”

Marc Kajouji

Marc Kajouji told the Ottawa Citizen that he isn't seeking justice for Nadia's death but rather a change to the system:

“It’s tough, because I wish there were better checks and balances in the system such as the medicine she was on, the different things the school could have done, or the privacy act, or Internet regulations, so I don’t direct it at any one person or outlet,” he said. “I do feel that it’s an overall umbrella of an issue that needs to be addressed.”

Kajouji is waiting for Nadia's case to effect Canadian law. The Ottawa Citizen reported:

“(Motion 388) was ‘Nadia’s Law’ that was passed unanimously in the House of Commons and it’s just sitting on a shelf collecting dust,”

Albrecht with Kajouji

Motion 388 passed unanimously in the House of Commons on November 18, 2009. It was introduced in Parliament by Harold Albrecht MP. The Ottawa Citizen article stated:

The motion was to frame the euthanasia and assisted suicide debate by making sure the federal government clarified Section 241 of the Criminal Code, which outlaws counselling or aiding suicide, to apply to online predators looking to encourage or assist suicide.

Section 241 of the Criminal Code, Canada's assisted suicide act, is being challenged in the courts by the euthanasia lobby. In June 2012, Justice Lynn Smith, of the BC court, struck down Section 241 as unconstitutional. In October 2013, the BC Court of Appeal overturned Justice Smith's flawed decision and on October 15, 2014 the Supreme Court of Canada will hear the challenge to Section 241 and the Criminal Code provisions that protect Canadians from euthanasia.

If the Supreme Court of Canada strikes down Canada's assisted suicide laws, then any protection in law for teenagers like Nadia Kajouji will also be removed. Canada's assisted suicide laws equally protect all Canadians from others who would aid, counsel or encourage a vulnerable person to suicide.

An Associated Press article, stated that:

Evidence in the case showed Melchert-Dinkel was obsessed with suicide and sought out depressed people online. He posed as a suicidal female nurse, feigning compassion and offering step-by-step instructions on how they could kill themselves. He acknowledged participating in online chats about suicide with up to 20 people and entering into fake suicide pacts with about 10, five of whom he believed killed themselves.

Nadia Kajouji

Melchert-Dinkel wanted to watch Nadia Kajouji commit suicide on front of her webcam.

The Euthanasia Prevention Coalition is intervening at the Supreme Court of Canada on October 15 in the assisted suicide/euthanasia case (Carter case). EPC is urging the Supreme Court to uphold the laws protecting people from euthanasia and assisted suicide.

Melchert-Dinkel sentenced in his double conviction for internet suicide predator crimes.

Nadia Kajouji

By Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

Three years after the death of Nadia Kajouji, William Melchert-Dinkel, a former nurse from Minnesota, was sentenced for his actions as a internet suicide predator. There are many questions concerning the length of the jail sentence, but at least the Minnesota court carried out the prosecution, a prosecution that could have been carried out by Canadian authorities as well.

The Minnesota Star Tribune quoted Judge Neuville as stating to Melchert-Dinkel:

"The court finds that you were stalking and soliciting people to die. ... You knew it was wrong."

The Euthanasia Prevention Coalition (EPC) is pleased that Melchert-Dinkel was prosecuted and sentenced and we urge Melchert-Dinkel not to appeal the conviction so as to allow closure for the families. EPC recognizes that Melchert-Dinkel will serve time in prison, he has lost any opportunity of returning to his nursing profession, and the law did convict him for his heinous crimes.

The Melchert-Dinkel case proves that internet suicide predators are not that different from other cases of assisted suicide. The victim is vulnerable and the assisted suicide is counseled by a person who alleges concern for the victim, but who acts based on their own concerns. Link to article.

Information about the Melchert-Dinkel case and his victims.

Melchert-Dinkel was given a sentence of 360 days in jail and fines and restitution payments equaling $47,450. His actual sentence was for two - 15 year sentences, with 15 years probation. If he breaks his probation by committing similar crimes, he would supposedly have to serve the full-sentence.

Drybrough

Melchert-Dinkel was also told that he must do 8 hours of community service each year in the months of March and July for 10 years, that he must serve 2 days in jail on the anniversary of the deaths of Kajouji (18) and Drybrough (32) for 10 years, he cannot have any internet access, other than for work, he cannot be employed within the health care profession, and he must continue therapy.

The Star Tribune quoted Crown attorney Paul Beaumaster in this way:

the sentence was "well reasoned and supported by the facts."
With so few assisted suicide convictions in state history, there's no recommended sentencing level in state guidelines.

The Toronto Star quoted Beaumaster as stating:

"I hope this case stands as a warning to other predators on the Internet who advises, aides or encourages suicide that they will be held accountable."

Deborah Chevalier

The Star Tribune quoted Deborah Chevalier, Nadia's mother, who stated:

"For months afterward, nightmares haunted me, I would give everything I have to be able to spend just one more minute with my child again."

Outside of the courthouse Chevalier stated:

"I'm her mother. Obviously I was disappointed. ... Justice can never be served."

The Toronto Star quoted Mohammed Kajouji, Nadia's father as stating:

"When the judge called, I couldn't stop crying. It brought everything back. And I was so scared. I was reading online and everyone said he might not even go to jail. But he will go to jail and he will pay the fines so there is some closure. It won't bring Nadia back, but I'm glad it's over."

The editorial in the Brampton Guardian , the city where Nadia grew up, stated: No Justice for Nadia. The editorial stated:

Kajouji needed help, but sadly the only help she got was from a deranged man who helped her kill herself.

There is no telling what would have happened if Melchert-Dinkel had not entered Kajouji’s life. She could have got help and moved on to be a successful and happy young woman, or she may have ultimately killed herself without any help. But we will never know.

This sentence is not a deterrent, and in the dark, shadowy world of the Internet, strong deterrents are the only thing that will stop those who look for the vulnerable.

Melchert-Dinkel likely would have received more jail time if he threw fire on a burning house. But stoking the flames of mental illness in the U.S. justice system seems to mean little.

To give the Minnesota justice system credit, at least they prosecuted Melchert-Dinkel. That is more than can be said for the Canadian justice system.

In the previous parliamentary session, Harold Albrecht, Member of Parliament from Kitchener-Conestoga, introduced Motion 388 to ensure that Canada's assisted suicide act also applies to Internet Suicide Predators, such as Melchert-Dinkel. Motion 388 passed in the House of Commons unanimously.

EPC will urge the government to bring forth a bill that clarifies that Internet Suicide Predators, and those who counsel suicide via communications devices, will be prosecuted under Canada's assisted suicide act.

For more information about the Melchert Dinkel case go to: Link

Melchert-Dinkel found guilty in the deaths of Nadia Kajouji and Mark Drybrough

Nadia Kajouji

Mark Drybrough

William Melchert-Dinkel, the former Minnesota nurse who admitted to being involved with the suicide deaths of Canadian Nadia Kajouji (18), who died in March 2008 and Mark Drybrough (32) from the UK, has been found guilty of aiding their suicides.

Kajouji was a first-year student at Carlton University in Ottawa, who was going through depression. She was vulnerable and steered to suicide by Melchert-Dinkel

After hearing that he was found guilty Melchert-Dinkel promised to appeal his conviction.

Melchert-Dinkel needs to be sentenced with the intention of deterring other people from similar acts. The family of Nadia and Mark senselessly lost a loved one to a suicide predator and they deserve a reasonable degree of justice.

William Melchert-Dinkel

The article from the Associated Press that was published in the Globe and Mail today stated:

A former nurse accused of seeking out depressed people online and encouraging two to kill themselves was found guilty Tuesday of aiding the suicides of a British man and Canadian woman.

William Melchert-Dinkel, 48, was charged in April with two counts of aiding suicide for allegedly advising and encouraging two people to take their own lives. Mark Drybrough, 32, of Coventry, England, hanged himself in 2005, and 18-year-old Nadia Kajouji of Brampton, Ontario, jumped into a frozen river in 2008.

Mr. Melchert-Dinkel declined a jury trial and left his fate to a judge, who issued his verdict Tuesday.

Rice County District Judge Thomas Neuville once again rejected Mr. Melchert-Dinkel's argument that his actions amounted to free speech. Mr. Melchert-Dinkel was not merely advocating ideas about suicide, Neuville said, but engaging in “lethal advocacy.” Judge Neuville scheduled his sentencing for May 4.

Defence attorney Terry Watkins said he and his client were disappointed with the verdict and planned to appeal. He said they didn't dispute the facts as the judge laid them out in his 42-page ruling, but respectfully disagreed on whether they added up to proof of guilt beyond a reasonable doubt.

After sentencing, Mr. Watkins said, their next stop will be the Minnesota Court of Appeals, and they're prepared to appeal to higher courts if necessary. He said the appellate courts will have to answer whether Mr. Melchert-Dinkel's actions rose to the level of a crime or were protected speech in the context in which they occurred.

“We will carry this as far as judicially allowed,” Mr. Watkins said.

Prosecutors said Mr. Melchert-Dinkel, of Minnesota, was obsessed with suicide and hanging and sought out potential victims on the Internet. When he found them, prosecutors said, he posed as a female nurse, feigned compassion and offered step-by-step instructions on how they could kill themselves.

Rice County Attorney Paul Beaumaster said Mr. Melchert-Dinkel told police he did it for the “thrill of the chase.” Prosecutors said he acknowledged participating in online chats about suicide with up to 20 people and entering into fake suicide pacts with about 10 people, five of whom he believed killed themselves.

“I think justice was served,” Mr. Beaumaster said after learning of the verdict. “I think it was a just verdict based on the facts of the case, and convictions were earned on both counts.”

Mr. Drybrough's mother, Elaine Drybrough, said if Mr. Melchert-Dinkel had been cleared it would have sent a signal to other people contemplating similar actions that encouraging suicides is permissible.

“He's been told it's not all right,” she said.

Deborah Chevalier

Ms. Kajouji's mother, Deborah Chevalier, also welcomed the ruling.

“I was always confident of a guilty verdict, but it is a great relief to have this finalized and have any nagging doubts quieted,” she said in an email. “I've said all along that a crime is just as vile and offensive whether it be committed in our own homes or over the Internet. This verdict today substantiates my belief that the Internet cannot be allowed to become a safe haven for criminals.”

In his ruling Tuesday, Judge Neuville affirmed his earlier rulings against Mr. Melchert-Dinkel, saying any predisposition of the victims to commit suicide was not a valid defence.

“The court finds that defendant's speech imminently incited the victims to commit suicide, and can be described as ‘lethal advocacy,' which is analogous to the category of unprotected speech known as ‘fighting words' and ‘imminent incitement of lawlessness,“’ the judge wrote.

During oral arguments in February, Mr. Watkins called his client's behaviour “sick” and “abhorrent” but said it wasn't a crime because Mr. Melchert-Dinkel didn't directly incite the victims to kill themselves.

He said Mr. Drybrough had been ill for years and went online seeking drugs to overdose, while Ms. Kajouji was going through a rough time in her life, had a miscarriage after drinking heavily and was depressed. Mr. Watkins said they were both intelligent people who wouldn't be swayed by his client's online “babbling.”

Mr. Beaumaster said during his oral arguments that Mr. Melchert-Dinkel's intent was to see them die, and the law is designed to protect vulnerable people.

“That's the point. That's who he looked for,” he said. “He targeted individuals he knew he could have an influence on. Were they predisposed? Absolutely!”

Mr. Melchert-Dinkel agreed in February to accept the facts against him, but maintained his not guilty plea. He waived his right to a jury trial and agreed that the judge would issue a verdict based on the evidence. That allowed Mr. Melchert-Dinkel to keep his right to appeal.

Minnesota authorities began investigating in March 2008 when an anti-suicide activist in Britain claimed someone in the state was using the Internet to manipulate people into killing themselves. Authorities found emails in which Mr. Melchert-Dinkel gave Mr. Drybrough technical advice on how to hang himself; and they found online chats in which Mr. Melchert-Dinkel tried to talk Ms. Kajouji out of her plans to jump into the river and instead hang herself with him.

Mr. Melchert-Dinkel posed as a woman in both cases.

Minnesota's aiding suicide law carries a maximum penalty of 15 years in prison and a $30,000 fine. But the law has been rarely used. Data from the Minnesota Sentencing Guidelines Commission showed that since 1994, there have been only six people sentenced on the charge: one person was sent to prison for four years, while the rest received either local jail time, probation or both.

Ms. Chevalier said she fears the penalty won't be in line with the crime and that Mr. Melchert-Dinkel will appeal, causing more delays for any final resolution.

Mr. Melchert-Dinkel has been allowed to remain free under certain conditions. Among them, he is not allowed to use the Internet without approval.

The Euthanasia Prevention Coalition continues to wonder why the Ottawa police did not prosecute Melchert-Dinkel and seek to bring him to justice in Canada. EPC supported Harold Albrecht MP who sponsored Motion 388 in parliament to clarify whether Nadia Kajouji and others like her, are actually protected under Canadian law. The Canadian Criminal Code may still require a clarification on this question.

Previous article concerning the role of William Melchert Dinkel.

Defence wants suicide predator to go free in Kajouji case

Nadia Kajouji

Lee Greenberg published an article in the Ottawa Citizen today explaining that the lawyers for William Melchert-Dinkel are trying to have the charges dropped against their client who was charged with assisting the suicide of Nadia Kajouji, an 18 year old first year Carlton student who died by suicide in March 2008

Terry Watkins, the lawyer for Melchert-Dinkel, the former nurse, who admitted to counseling via the internet several people to commit suicide. Yesterday's hearing was postponed as Watkins plans to challenge some of the evidence that was gathered against Melchert-Dinkel. Watkins also indicated his intention to petition to have the charges dropped.

The article described the case this way:

William Melchert-Dinkel

In April, Melchert-Dinkel was charged with assisted suicide for his involvement in the deaths of Nadia Kajouji, an 18-year-old Brampton girl who killed herself in March 2008, and Briton Mark Dryborough, who hanged himself in 2005 when he was 32.

Melchert-Dinkel, a former nurse with a disturbing disciplinary history, has admitted to trolling online suicide chat rooms in search of severely depressed people to talk into suicide.

In conversations with police, he likened the activity to hunting, admitting he was motivated by "the thrill of the chase."

He told police his interest in death and suicide had become "an obsession," something he'd had to confront when certain of his morbid online chats had been discovered by his teenage daughters. He admitted to forming false suicide pacts with at least 10 depressed people contemplating suicide.

According to his statements to police contained in a criminal complaint, Melchert-Dinkel offered his victims psychological encouragement, "telling them it was OK to let go, that they would be better in heaven."

He is charged with two counts of assisted suicide. Each charge of the Minnesota statute, which targets anyone who "intentionally advises, encourages, or assists" in suicide, comes with a punishment of up to 15 years imprisonment and as much as a $30,000 fine.

The article also quoted Michelle Goodwin, a law professor at the University of Minnesota who stated:

"These cases when it comes to a jury and what a jury is going to buy, it's a much easier conviction when you have physical evidence rather than virtual evidence,"

The Euthanasia Prevention Coalition advocates an amendment to the criminal code of Canada in a similar manner to Australia. The Australian government made a minor revision to the criminal code to ensure that the assisted suicide statute included cases that were counseled via the internet or other communications devices.

Harold Albrect, MP - (Kitchener-Conestoga) sponsored Motion 388 that passed unanimously through Canada's parliament. Motion 388 called on the Federal Government to ensure that the law protects people, such as Nadia Kajouji, from internet predators, whether the suicide predator was a Canadian or not.

In the meantime, Melchert-Dinkel is trolling the highways as a long-haul trucker. The judge is expected to rule on whether the trial will go forward on August 27.

Nitschke announces his North American tour dates.

Philip Nitschke

This is not an advertisement for Philip Nitschke's second tour of North America but rather a concern for everyone who knows about the work of Nitschke, Australia's Dr. Death, and understands how his suicide promotion has led to the death of many people who are depressed or mentally ill.

It is bad enough that Nitschke promotes suicide by selling his books, devices and information online to anyone and everyone.

Further to that, are not Nitschke's tactics even worse than those of William Melchert-Dinkel, the nurse in Minnesota who has being prosecuted for being an online suicide predator, for directly and intentionally counseling and abeting Nadia Kajouji to commit suicide in March 2008.

Did not the parliament of Canada debate Motion 388, that was introduced by Harold Albrecht MP, Kitchener - Connestoga, that asked the question whether Canada's assisted suicide act was broad enough to prosecute Melchert-Dinkel in Canada? Motion 388 unanimously passed in the House of Commons

Authorities in Canada and the United States need to challenge Nitschke. Why should he be allowed to come into Canada and the United States and hold meetings that encourage the participants to break the law? Further to that, if it is only medical advise, the last I noticed Nitschke is not a licensed physician in any jurisdiction in North America.

Oh by the way, Nitschke does have safeguards to assure that only people who need his advice can attend. The rule is that you must be 50 years old. Either this is age discrimination or he thinks that 50 is a good age to end it all.

The dates are as follows:
Vancouver Canada - Thursday, October 7, 2010 from 11 am - 4 pm.
(Public meeting 11 am - noon; Workshop 12:30 pm - 4 pm)
Unitarian Church, West Vancouver

Toronto Canada - Wednesday, October 13, 2010 from 11 am - 4 pm.
(Public meeting 11 am - noon; Workshop 12:30 pm - 4 pm)
Location to be announced.

New York City - Wednesday, October 20, 2010 from 11 am - 4pm.
(Public meeting 11 am - noon; Workshop 12:30 pm - 4 pm)
Community Church of New York

Orlando Florida - Saturday, October 23, 2010 from 11 am to 4 pm.
(Public meeting 11 am - noon; Workshop 12:30 pm - 4 pm)
Orlando Unitarian Church

San Francisco California - Saturday, November 6, from 11 am to 4 pm.
(Public meeting 11 am - noon; Workshop 12:30 pm - 4 pm)
Location to be announced.

Internet Suicide Predator loses nursing license

An article published in the Pioneer Press in Minnesota updates the case of William Melchert-Dinkel who admits to being involved with at least 5 cases where he acted as a predator via the internet to convince someone to commit suicide.

Link to the article: http://www.twincities.com/topstories/ci_13555747?nclick_check=1

Melchert-Dinkel

The article explains that Melchert-Dinkel has lost his license as a practical nurse.

The article also states that he went to a hospital emergency room the day (January 7) he was questioned by police and he told medical professionals that he was addicted to suicide chat rooms.

As part of the revocation order, the nursing board stated that Melchert-Dinkel "aided suicide ... by encouraging and advising individuals to commit suicide." in violation of Minnesota law.

Nadia Kajouji

The article explains that an 18-year-old Canadian woman (Nadia Kajouji) took her life after communicating online with Melchert-dinkel. The article also connects him to the death of a 32-year-old person from the UK.

The article explains that the investigation into his crimes continues, even though no charges have been layed.

The nursing board documents also cited several other serious problems with Melchert-Dinkel over the past 15 years.

Celia Blay, who was featured in the CBC television program - Fifth Estate - on this issue stated that she counted a minimum of eight suicides that are connected to Melchert-Dinkel and she further stated that she would be surprised if it wasn't double figures.

In Canada Harold Albrecht MP (Kitchener - Connestoga) has introduced Motion 388 to clarify the criminal code concerning internet suicide predators. Motion 388 had its first hour of debate on September 30, 2009 and will receive its second hour of debate on November 5, 2009. We expect Motion 388 will receive a huge majority of the vote in parliament.

The Euthanasia Prevention Coalition asks the question: Why has William Melchert-Dinkel not been charged in Canada under Section 241 of the Criminal Code - assisted suicide? Under Canadian law Melchert-Dinkel should be extradited to Canada to face trial.

Motion 388 receives its first hour of debate

Are Internet Suicide Predators protected by the language of the law?

Nadia Kajouji

Harold Albrecht MP introduced Motion 388 to encourage the government to clarify Section 241 of the Criminal Code in order to ensure that the law applies to Internet suicide predators.

In March 2008, Nadia Kajouji killed herself after being encouraged and counseled by William Melchert-Dinkel, a licensed practical nurse in Minnesota.

In response to a plea by Kajouji's mother, Albrecht introduced M388 to clarify the assisted suicide law and to address the crime of online suicide counseling, which has led to Nadia and other young people committing suicide after being urged by predators via the Internet.

In his speech at the House of Commons, Albrecht presented several key points.

Nadia's mother

His first point was concerning the role of Section 241 of the Criminal Code. He stated, "Our society has long recognized that vulnerable people require the protection of the law. That is the purpose behind Section 241 of the Criminal Code which makes it illegal to counsel someone to commit suicide."

He then spoke about the concerns related to depression and the vulnerable person. He stated, "Each of us in this chamber has gone through periods of discouragement and perhaps depression, or at least we have family members and friends who struggle with depression and mental health issues. For some people these downtimes might be a fleeting emotion that lasts only for a few hours or days. For others, it may drag on for weeks, months or even years. In these times of feeling overwhelmed, discouraged or depressed, many have had the thought of ending it all in order to avoid the ongoing pain."

Harold Albrecht

Albrecht then explained Nadia's story. "In March 2008 in Ottawa, Nadia, a Carleton University student, was going through a period of depression when an Internet predator encouraged her to take her life. … The online friend turned out to be a 46-year-old licensed practical male nurse from Minnesota who allegedly lurked as a predator in online chat rooms. He also admitted to Minnesota police that he coaxed at least five different people to commit suicide using the Internet."

Albrecht then quoted Nadia's mother who stated, "One thing that has now been brought to light is that this predator is not alone. There are many more just like him out there. And when things go wrong in our lives, or in the lives of the people we love, they'll be out there hunting, hunting for the opportune moment."

Albrecht quoted Nadia's mother further by stating, "Stories like this make it necessary to clarify our laws. In our Internet age, we need to make it clear that the use of technology where one might presume to hide behind the anonymity of the Internet is not a defense against prosecution for very serious criminal offenses."

Albrecht concluded his speech by saying, "My concern is for vulnerable Canadians. The changes called for in M388 are needed in order to provide greater protection to those who are at a very vulnerable point in their lives. Predators must be stopped before they repeat their crime. Their destructive deeds will not be tolerated and predators who choose to ignore the deterrent message need to know that they will face severe consequences."

Serge Menard

Serge Ménard (BQ) spoke next, stating that the Bloc supports M388. But he questioned the need for the motion, noting that Section 241 is written in a broad manner.

Albrecht responded by stating that Melchert-Dinkel has not been charged by Canadian authorities and that it is important to give a clear message as a deterrent to those who counsel suicide over the Internet.

Ménard then continued by stating that suicide is the second leading cause of death in Quebec. He then stated, "We believe that it is important to ensure that counselling or aiding and abetting suicide is an offence, no matter the means used - including telecommunications, the Internet or a computer system."

Alex's Note: This comment is especially interesting considering the fact that the Bloc Québecois supports Bill C-384 that would essentially eliminate the protections in Section 241 of the Criminal Code.

Rod Bruinooge

Rod Bruinooge (CPC) spoke in favour of M388 and asked if the motion would act as a push-back to groups attempting to normalize suicide.

Albrecht responded that M388 is only concerned with suicide predators who are taking advantage of vulnerable people, especially youth.

Alan Tonks (Lib) spoke in favour of M388 and expressed his concerns related to the rate of suicide and attempted suicide among youth in Canada.

Joe Comartin

Joe Comartin (NDP) was next to speak in favour of M388. Comartin was clear in his support by stating, "It is quite appropriate and very timely that this motion is before the House. I believe the government, the Department of Justice in particular, needs to be looking into this area and seeing if there are ways that we can tighten up either under the Criminal Code or in other areas to, as much as possible, prevent this type of predatory activity."

Chris Warkentin (CPC) spoke in favour of M388, but emphasized the importance of maintaining a broad interpretation of Section 241 of the Criminal Code.

Motion 388 is tentatively scheduled to receive its second hour of debate on November 5, 2009. To circulate a petition in support of Motion 388, contact Harold Albrechts office at: AlbreH@parl.gc.ca