County attorney protests Richard Happ's transfer

Richard Happ, who stabbed his parents to death in 1999, was recently transferred to a different, less secure, facility, according to a Carver County Attorney’s Office press release.

Happ murdered his parents in their Waconia home with a butcher knife. His brother, David Happ, escaped the carnage and dialed 911. Richard Happ fled in a responding Carver County Sheriff’s Office squad car, resulting in a chase that ended near Lake Minnetonka.

Carver County Judge Robert Goggins later found Happ not guilty by reason of mental illness.

According to the press release, Happ was indefinitely committed as mentally ill and dangerous and has been at St. Peter’s Minnesota Security Hospital, maximum-security psychiatric hospital, since his commitment.

A three-judge Supreme Court Appeal Panel recently approved Happ’s transfer from the Minnesota Security Hospital to the less secure Forensic Transitions Unit on the same campus, over the objection of the Carver County Attorney’s Office, according to the release.

David Happ testified in opposition to the transfer.

“My job is to protect the public. We’ve fought to keep Happ in a secure setting because he is violent and dangerous,” said Carver County Attorney Jim Keeler. “I respectfully disagree with the panel’s decision, but will abide by the ruling,” Keeler said.

Past arguments

The Supreme Court Appeal Panel’s decision is the latest in a series of legal proceedings regarding Happ’s status and placement.

In December 2002, three years after the murders, the Commissioner of the Minnesota Department of Human Services, over the objection of the Carver County Attorney, approved Happ’s transfer from the Minnesota Security Hospital to a less secure facility.

The Carver County Attorney appealed the decision to the Supreme Court Appeal Panel. During the appeal process, Happ’s treatment team decided to withdraw its support for the transfer because he was found to be experiencing symptoms similar to those he experienced at the time of the murders, the press release stated.

When the Minnesota Security Hospital again petitioned for Happ to go to a less restrictive facility, the Carver County Attorney’s Office requested a forensic evaluation from Dr. Maureen Hackett, a psychiatrist and former clinical director of the Minnesota Security Hospital. Based on her opinion that Happ was not ready for transfer, the Carver County Attorney continued to oppose the transfer.

On Oct. 26, 2006, the Commissioner of Human Services, based in part on Hackett’s findings, denied the request for transfer.

The Supreme Court Appeal Panel reversed the Commissioner’s decision, resulting in the recent transfer.