By Janice Gregorson
Post-Bulletin, Rochester MN 

Civil commitment proceedings have been initiated against a man accused of killing his father at a downtown hotel.

The petition to commit Sean Francis Clancy as mentally ill and dangerous was filed Friday in Olmsted District Court.

However, that won't keep the criminal case from going forward, according to Jim Martinson, head of the criminal division of the Olmsted County attorney's office.

Clancy, 42, of Eads, Tenn., is charged with two counts of second-degree murder in the strangulation death of his father, James Francis Clancy, 69, of Winnipeg, Canada.

Authorities were called to the Holiday Inn Express in downtown Rochester about 8 a.m. on July 18, 2008, after a housekeeper located what she thought was a dead body. Not long after that, police were informed that Sean Clancy was at Mayo Clinic, where he sought medical help and told a nurse about the incident. He was found and arrested.

A district judge has already ruled that statements Clancy gave to the nurse will not be admitted at his trial, saying they are protected by the medical privileges guaranteed by law. But statements he gave to police are admissible.

Defense attorney Peter Wold has said the defense will be not guilty by reason of mental illness. Two psychiatric evaluations have been done in preparation of the criminal proceedings.

But in Minnesota, there is a very strict standard that must be met in the criminal proceedings before a person can be found not guilty by reason of mental illness. It is called the M'Naughton rule. It says a person cannot be held criminally responsible for his actions at the time of the offense only if he did not know what he was doing or if he did not know it was wrong.

Martinson said the civil commitment petition filed Friday is a separate action.

"We are trying to show he is mentally ill and dangerous but currently is competent and can stand trial," Martinson said. A preliminary probable cause hearing on the commitment petition is scheduled for Friday.

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