Imprisoned mom happy to get visits with son

Author: Rob Hotakainen; Staff Writer

"I just want to be Michael's mom," Janet Ostlund said in an interview from prison Friday.

The Minnesota Supreme Court granted her wish yesterday when it upheld her parental rights, even though she was convicted of murdering her adopted daughter in 1986.

The ruling means that she can continue supervised visits with her 4-year-old son, Michael, while she is in the Minnesota women's prison in Shakopee for killing 2-year-old Maria.

Ostlund said her attorney called to give her the news.

"Words can't explain it," she said in a telephone interview. "I'm still in shock. I've had this hanging over my head for four years. It's finally over with. . . . The emotional strain of this has been very hard."

Hennepin County Attorney Tom Johnson said he was disappointed in the decision and said he will ask the high court to reconsider.

"This case stands for the unfortunate proposition that you have to do more than murder a child to sacrifice your rights to raise other children," Johnson said.

Ostlund, of Robbinsdale, was convicted of shaking Maria to death, but she said again yesterday that she is innocent.

"That's his (Johnson's) theory, that I killed my daughter," Ostlund said. "I say I didn't kill my daughter. . . . People can think what they want. I know differently."

Ostlund maintains that the girl, who was born in El Salvador, was injured when she fell from a couch onto a linoleum floor. During her trial, the state contended that Ostlund's explanation was not consistent with the girl's severe brain injuries.

Ostlund said yesterday that her son visits each week and that she has a "fun and close relationship" with him. The boy lives with his father, David, whom Janet Oslund divorced in 1988.

"It's a normal mother-child relationship," she said, adding that she's unlikely to fight for custody of the boy in May 1992, when she expects to be released from prison. "I just want to co-parent Michael. I have no intentions of leaving here and dragging Michael away from his father."

Ostlund said the court's ruling is in her son's best interests. "It wasn't about my best interests, but my son's," she said.

In its ruling yesterday, the court said, "Janet Ostlund may not be the picture of a model parent. Yet, few children would be reared by natural parents if model parents were the standard."

Chief Justice Peter Popovich, writing for the court, said the best interests of the boy are "in maintaining a nurturing relationship and bonding with the natural mother, Janet Ostlund."

The court overturned a decision by the state Court of Appeals that had terminated her parental rights. The court said parental rights are terminated "only for grave and weighty reasons." Its decision was unanimous.

"I love that it was unanimous," Ostlund said.

Johnson said the case gave the high court an opportunity to "draw a line in the sand" on how far parents can go before they lose parental rights. He said evidence introduced in court showed that Ostlund abused other children that she cared for in an unlicensed day-care center in her home.

Johnson said his office will ask the court to review the decision within the next week. He acknowledged that such requests are seldom granted, but said, "In this instance, it's a necessary effort."

His misgivings about the ruling were echoed by a University of Minnesota law professor, who said the high court erred.

"I think they made a mistake," said Prof. Judith Younger, who teaches family law at the university. "It seems to me that anybody who has treated one child in such a way as to cause it to die is unfit. If I were deciding this, I wouldn't have any trouble with it."

Younger said it's conceivable that Ostlund could be reformed but added, "When in doubt, the child's interests really require a severance. If you're going to make a mistake, you make a mistake on the side of separation."

Ron Meshbesher, a Twin Cities attorney who represented Ostlund in her criminal case, defended the decision.

"She's always maintained her innocence," Meshbesher said. "It was absolutely the right decision."

In 1987, Ostlund received a sentence of eight years and nine months for her conviction of second-degree murder. She could be released in 1992 with the usual time off for good behavior.

Michael Ostlund was born while Janet Oslund awaited trial for the murder. She and her husband had adopted the girl after experiencing fertility problems.