Convicted sex offender won rare judicial reprieve

2-27-2012 Kansas:

When convicted sex offender Christopher J. Saemisch, 54, went to trial earlier this month in Douglas County contesting his classification as a sexually violent predator, he was facing long odds.

Saemisch was the 38th Kansas sex offender since 2008 to go to trial under the state’s Sexually Violent Predator Act.

Until last week, only two offenders had been successful in contesting their indefinite commitment to Larned State Hospital, according to a Journal-World investigation.

“It’s very rare that there’s a win,” said local defense attorney Carl Folsom, who unsuccessfully defended Lawrence sex offender Dale Patterson in November. “It’s an uphill battle.”

But Saemisch, convicted of aggravated indecent liberties with a 5-year-old child in 1999, won his case Wednesday when Douglas County Judge Michael Malone ordered his release from custody.

SJC rules on refusal of SDP treatment

7-16-2012 Massachusetts:

The Supreme Judicial Court has ruled that an accused sex offender’s refusal to undergo treatment may under some circumstances not be admitted in civil commitment proceedings.

“[A]lthough evidence that a defendant in an SDP civil commitment proceeding did not receive sex offender treatment is admissible, we conclude that it is error to admit evidence that a defendant refused sex offender treatment where he could receive such treatment only by waiving confidentiality,” Justice Ralph D. Gants wrote for a unanimous court (Commonwealth v Hunt).

“Where sex offender treatment is conditioned on a waiver of confidentiality, refusal of treatment alone is insufficient to support an inference that the prisoner does not want to be treated,” the SJC reasoned. “If the Commonwealth were to provide sex offender therapy without requiring a waiver of confidentiality, then this inference arising from refusal would be fair and reasonable.” ..Source.. by Mass. Lawyers Weekly

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High Court Upholds Commitment Of Sex Offender

Impossibility defense, by the state, artfully worded! Amazing, sounds like he has grounds for resentencing.

2-12-2012 Nebraska:

LINCOLN, Neb. -- The Nebraska Supreme Court has affirmed the mental health commitment of a convicted sex offender.

The offender, referenced only as "S.C." in the appeal, was convicted in 2008 of sexual assault of a child and sentenced to five years. His sentencing stipulated he must complete a sex offender treatment program while in prison or be subject to commitment at the end of his sentence.

The offender argued in his appeal that he had been willing to undergo treatment, but was told it was available only at the Lincoln prison. He was denied a request to transfer there, because he had a relative who worked at the Lincoln prison.

The state's high court upheld his commitment, saying the offender had "no absolute right" to treatment while in prison. ..Source.. by KETV7.com

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