Minnesota defense attorney, Rory Patrick Durkin, secured a rare victory in a Minnesota CHIPS trial in McLeod County District Court. Social Services initiated a CHIPS action, or Child In Need of Protection or Services, in August of 2011 after the execution of a search warrant by members of the Internet Crimes Against Children Task Force.
This groundbreaking trial was held in March of 2012. After a "paper trial" and lengthy written closing arguments, the District Court Judge determined that the state failed to show that an injurious or dangerous environment existed in the home. At trial, Durkin submitted expert psychological and psychosexual evidence. He also submitted an expert computer forensic evaluation. After evaluating this evidence, the judge determined that the children were not in need of protection or services from the court.
Durkin admits that his was an extremely difficult case to win, but acknowledges its great importance. "This is a great victory for due process and for the rights of parents."
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