The man accused of encouraging Carleton student Nadia Kajouji to commit suicide in 2008 will stand trial, a Minnesota judge ruled Nov. 9.
William Melchert-Dinkel, a former nurse from Faribault, Minn., is charged with two counts of aiding suicide in the deaths of Kajouji and an English man.
Melchert-Dinkel admitted to posing as a female nurse on various online chat rooms, talking about suicide and entering fake suicide pacts with about 10 people, five of whom he said he believes killed themselves, according to the CBC.
He allegedly entered into such a pact with Kajouji, saying that he would kill himself if she was successful in her attempt.
Kajouji disappeared from her dorm room on March 9, 2008. Her body was found in the Rideau River on April 20, according to the Charlatan.
Last month, Melchert-Dinkel’s attorney, Terry Watkins, asked that the charges be dismissed.
He said his client was protected under the freedom of speech amendment and that the Minnesota statute on assisting suicide is unconstitutionally vague, according to the Faribault Daily News.
Minnesota State statute say that “whoever intentionally advises, encourages or assists another in taking the other’s own life may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both,” according to the Faribault Daily News.
However, Judge Neuville rejected all of Watkin’s arguments, stating that online speech that encourages criminal offenses is not protected under freedom of speech.
“It is unquestioned that the state has a compelling interest to protect and preserve life. Prohibiting persons from advising, encouraging, or aiding others to take their own life furthers the State’s interest in protecting and preserving life,” Judge Neuville wrote.
“I believe the judge made the right choice,” said Rice County Attorney, Paul Beaumaster.
He said that Melchert-Dinkel must now submit a plea of guilty or not guilty.
The case will go to trial within the next six months, according to the Faribault Daily News.
Melchert-Dinkel has submitted a preliminary plea of not guilty.
He has requested a jury trial and his next hearing is scheduled for Nov. 19 at 2 p.m. He will formally enter his plea at this hearing, according to the Faribault Daily News.