Regarding the sexually dangerous designation, Cashman argued that prior testimony and determination were sufficient to earn the designation. He argued he was confused by the Supreme Court decision, but it was likely that a more detailed finding would meet the Supreme Court's needs.
White argued the Supreme Court ruling simply gave the court another opportunity to review the designation and make certain the correct decision had been made.
White also noted he had raised objections during the Supreme Court hearing about potential "double dipping" of evidence against the individual as part of the civil commitment process. He argued that factors, such as age, were twice used against an individual while the court sought to determine if an individual met the legal standards for the designation.
Regarding the availability of less-restrictive treatments, McCarthy said he had extensively read the Supreme Court ruling but still felt confused about what they sought.
Cashman said he was equally confused but argued he was very skeptical a lesser program would accept Ince if a civil commitment was enacted.
Following the hearing, White argued the Supreme Court was simply taking issue with Sibley County not formally completing the process of determining if other options were available. He said the determination needed to be formally made, even if court thought a similar outcome was likely.
During the court hearing, he indicated they may call witnesses from other sex offender programs to testify on what options were available.
A hearing is scheduled for May 14 to discuss whether less-restrictive treatment options are available for Ince. Both sides will then have until June 2 to file briefs. The judge will then make a determination.
The hearing Wednesday also dealt with arguments on where Ince should be held for the duration of the trial.
Cashman argued Ince was a public risk and should be returned to the Minnesota Sex Offender Program in Moose Lake.
White argued Ince had shown great improvement with behavioral problems, so he should be allowed supervised release to either select family members or to the farm where he worked.
Cashman challenged White's characterization of Ince's behavior.
McCarthy ruled Ince would stay in the local jail until he issued his order. The judge said he planned to issue a ruling by at least Monday but hopes to issue a ruling by Friday.