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Showing posts with label Hearing - Lost - Commitment. Show all posts
Showing posts with label Hearing - Lost - Commitment. Show all posts

Convicted Sex Offender Ruled Sexually Violent

9-30-16 Illinois:

Chicago —(ENEWSPF)–September 29, 2016. Attorney General Lisa Madigan today announced that a DuPage County jury has found that a registered sex offender is a Sexually Violent Person (SVP) following a one-day trial.

DuPage County Circuit Court Judge Paul M. Fullerton ruled that Lawrence Schauer, 63, of Hillside, Ill., must remain in the custody of the Illinois Department of Human Services (IDHS) for treatment.

“This offender has an alarming record of assaulting women,” Madigan said. “I commend the jury on its verdict that will not allow this offender to return to a community where he could sexually assault another woman.”

Under the Sexually Violent Persons Act, Madigan’s office prosecutes cases seeking to commit offenders to the custody of IDHS as SVPs. To be committed under the act, a person must have been convicted of a sexually violent offense and suffer from a mental disorder. Additionally, prosecutors must prove that the offender is likely to commit future acts of sexual violence if released from custody. Once committed to IDHS, offenders are re-evaluated on a regular basis to determine if they continue to meet the criteria for commitment as a sexually violent person.

Convicted Hillside Sex Offender Deemed ‘Sexually Violent’ By Jury

1-27-16 Illinois:

CHICAGO (CBS) — A convicted sex offender from west suburban Hillside has been deemed a “sexually violent person” by a jury and will be committed to the Illinois Department of Human Services.

Lawrence Schauer, 63, has been ruled sexually violent and must remain in the custody of IDHS for treatment following a one-day DuPage County trial, according to a statement from the Attorney General Lisa Madigan’s office.

“This offender has an alarming record of assaulting women,” Madigan said in the statement. “I commend the jury on its verdict that will not allow this offender to return to a community where he could sexually assault another woman.”

In 2000, Schauer was convicted of residential burglary and aggravated criminal sexual abuse after breaking into a woman’s apartment and assaulting her while she slept, prosecutors said. In 1993, he was convicted of unlawful restraint and aggravated battery for assaulting a woman who was jogging.

Sexual Predator Moved To Mental Hospital

8-26-2016 Missouri:

A man from Greene County has been committed to the Department of Mental Health because he's a sexual predator.

Investigators have shown Sterling A. Mitchell, 70, has a history of offenses against young girls dating back to the 1950's.

He was arrested twice and served time on both charges.

The state has determined Mitchell is likely to abuse again so he's been sentenced to a mental health facility for an undetermined amount of time.

Evidence was presented at trial that Mitchell, a diagnosed pedophile, had an extensive history of sodomizing and molesting pre-pubescent girls dating to the 1950's.

He was not caught for the first time until 1990, when at the age of 44 he sodomized two girls, ages five and seven.

Mitchell told police he thought the children were mature enough to give permission and that he was educating them.

After serving a prison sentence and participating in sex-offender treatment, he was caught again in 2003 for sodomizing a pre-teen girl over a three-year span.

Mitchell said that if he was released into the community again, he wants to volunteer to work with children.

The jury found that he has a mental abnormality and is more likely than not to commit an offense again.

“The purpose of the sexually violent predator law is to keep our streets safer,” says Attorney General Chris Koster. “Sterling Mitchell is a dangerous man who has harmed numerous children, and he must be kept where he cannot harm any others.” ..Source.. by John Thomas

Chadwick v Gillmore

7-10-2013 Kansas:

Petitioner proceeds pro se and in forma pauperis on a petition seeking a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner is held in the Larned State Hospital following his civil commitment pursuant to the Kansas Sexually Violent Predator Act (KSVPA), K.S.A. 59-29a01 et seq.

Having reviewed the record which includes respondents' Answer and petitioner's Traverse, the court finds petitioner has not demonstrated any basis for federal habeas corpus relief.

... ... ...

CONCLUSION

For the reasons stated herein, the court finds petitioner has not presented any claim that suggests constitutional error in the state civil commitment proceedings against him, or in the denial of petitioner's motion for relief from that 2001 judgment. The Kansas courts adjudicated his claims on the merits, and there is no showing of any decision that was contrary to clearly established federal law or of any unreasonable determination of the facts. Moreover, the rulings of the Kansas courts rest upon their interpretation and application of state law, which are matters outside the province of this court's review in habeas corpus. Finding no cognizable ground for habeas corpus relief, the court denies the petition.

IT IS THEREFORE ORDERED that this matter is dismissed and all relief is denied.

IT IS SO ORDERED. ..continued.. by United States District Court, D. Kansas.

Jury quickly rules man sexual predator

1-23-2016 Kansas:

It took a Reno County jury about 40 minutes Friday to find a one-time Hutchinson man a sexually violent predator who should be placed in the state’s sexual predator program at Larned State Hospital.

Charles Smith, 29, waited for members of the six-woman jury to leave the courtroom, then jumped up and shouted that he objected. Ordered to sit down by District Judge Trish Rose, he continued to rant.

“When I first came here, all I wanted to do was leave,” Smith said. “I just want to go home. I’m not trying to do anything crazy.”

Rose then ordered him committed to the program at Larned.

As deputies escorted him from the courtroom, he unleashed a profanity-laced tirade that included suggestions for prosecutor Keith Schroeder.

The six-woman jury got the case for deliberation at 11:12 a.m., and signaled it had a verdict by 11:50 a.m.

Violent sex offender detained indefinitely

1-14-2016 Florida:

A man due to be released from prison after serving time for raping multiple elderly women will instead be detained indefinitely after being deemed a sexually violent predator.

In a three-day civil trial in Pensacola, Assistant State Attorney Jay Williams successfully made the case to a jury that Michael Degerald Mosley, 52, should be involuntarily detained in a treatment center for sex offenders because he would pose a danger to the community if released into society.

While on probation in 1984, Mosley broke into homes in a Palm Beach retirement community and sexually assaulted two elderly female residents, according to the State Attorney's Office. After serving approximately a decade on a 22-year sentence, he was released and moved to Escambia County to live with relatives. Six months after his release, he broke into the home of an elderly woman across the street and sexually assaulted her.

Mosley was due for release again in December, but two of three psychologists who interviewed and assessed Mosley determined he was a high risk to re-offend.

Sex predator committed to state hospital

11-23-2015 California:

A sexual predator from Porterville was committed Friday to a state hospital for the rest of his life.

On Friday, a Tulare County jury found that Rickie Silguero Coronado, 51, of Porterville, is a Sexually Violent Predator under the Sexually Violent Predator Act.

In 2002, Coronado was convicted of one count of sodomy by use of force and two counts of forcible oral copulation of a 15-year-old male victim.

In October 1995, the California Legislature enacted the Sexually Violent Predator Act (SVP), effective Jan. 1, 1996. The SVP Act permits civil commitment of dangerous mentally disordered individuals. When describing the underlying purpose of this act, the Legislature noted that there exists a small but extremely dangerous group of sexually violent predators that have diagnosable mental disorders who can be identified while incarcerated, explained the district attorney’s office.

“These persons are not safe to be at large and if released represent a danger to the health and safety of others in that they are likely to engage in acts of sexual violence. Thus, the Legislature intended that these individuals be confined and treated until such time that it can be determined that they no longer present a threat to society,” reported the DA’s office

NH high court upholds violent sexual predator's conviction

6-30-2013 New Hampshire:

The New Hampshire Supreme Court on Friday upheld the convictions of a violent sexual predator who argued prosecutors did not definitively identify him as the culprit because he did not attend his own trial.

William Ploof, 53, also contended a mistrial should have been called when a witness made a comment that, "This guy is a multiple offender," indicating he had a criminal record.

The Supreme Court rejected both arguments.

According to the decision, Ploof was convicted of aggravated felonious sexual assault and conspiracy to commit aggravated felonious sexual assault in Coos County Superior Court. He was accused of sexually assaulting a 12-year-old boy between August 1982 and April 1983, at a time when the child and his friend sometimes associated with a group of men, which included Ploof, who gave them alcohol and marijuana.

On one of those days, after the friend left with another man and headed toward the bathroom, Ploof sexually assaulted the 12-year-old.

Convicted Moncks Corner sex offender committed to state after February release from prison

4-22-15 South Carolina:

A convicted rapist out of Berkeley County who was set to be released from prison in February has been civilly committed to the S.C. Department of Mental Health Sexually Violent Predator Treatment Program.

Michael Myers, 40, a former resident of Moncks Corner, was sentenced to 30 years in prison after pleading guilty on Dec. 10, 1992 to criminal sexual conduct in the first degree, burglary in the first degree and two counts of assault with a deadly weapon, according to a release from the S.C. Attorney General’s Office.

In February 1992, Myers forced his way into a 30-year-old woman’s apartment at knife-point and repeatedly raped her while forcing her 10-year-old son to watch, the release states. He also threatened to kill them.

Deputies with the Berkeley County Sheriff’s Office responded to neighbors’ reports of screams coming from the apartment, and arrested Myers as he tried to run away.

Prior to his scheduled February 2014 release from prison, the state initiated an action under the Sexually Violent Predator Act, seeking Myers’ civil commitment to the S.C. Department of Mental Health for long-term control, care and treatment, according to the release.

'Sexually dangerous' man sent to mental facility

11-2-2013 Illinois:

A Jacksonville man has been found to be a sexually dangerous person and is being committed indefinitely for mental treatment.

Circuit Judge John Schmidt on Friday ordered James G. Howe, 34, be taken to an Illinois Department of Corrections facility for civil commitment under the Sexually Dangerous Persons Act, Scott County State’s Attorney Michael Hill said in a press release.

Earlier, the judge had found probable cause to proceed with a trial to determine whether Howe was a sexually violent person who should be committed to a treatment center until he is no longer considered a danger to the general public.

Howe had been charged with an aggravated criminal sexual assault on June 12, 2012, stemming from an incident that occurred Dec. 11, 2011, in Manchester. Hill then filed a petition to proceed under the act on Oct. 2, 2012, to have Howe evaluated by psychiatrists to determine if he was a sexually dangerous person. Special Assistant State’s Attorney Lorinda Lamken of the Illinois State’s Attorney’s Appellate Prosecutor’s Office worked with Hill throughout the proceedings.

Judge orders commitment of Woodstock man as sexually violent person

4-24-15 Illinois:

A McHenry County judge on Friday ordered the civil commitment of a Woodstock convicted sex offender with an admitted sexual foot fetish.

Robert L. Bacci, 45, of Woodstock, was convicted on a 2013 charge of attempted criminal sexual abuse, and sentenced to three years in prison. He was set for release later this month, but because of the nature of his crimes, Bacci was eligible for commitment under the Sexually Violent Persons Act.

Bacci has an extensive criminal history, but in his most recent case, authorities said he approached a 5-year-old girl in a Woodstock laundromat. Bacci began talking to her about her shoes, and attempted to take off her shoes and socks, according to reports. Police said Bacci did this for purposes of sexual gratification.

In a hearing before McHenry County Judge Sharon Prather, a doctor hired by the Attorney General's Office who sought to have Bacci committed, said that Bacci suffers from a number of psychological disorders including fetishism, anti-social personality disorder, and drug and alcohol abuse.

DA: Roslindale child predator civilly committed after jury finds him sexually dangerous


Note: Commitment is based on a "legislative definition" not a "psychiatric definition," which means the legislature could confine anyone they disfavor by passing such a law..

1-19-2015 Massachusetts:

A sex offender from Roslindale previously convicted of manslaughter faces potential lifetime commitment at a secure facility after a jury on Jan. 16 found him to be sexually dangerous, Suffolk County District Attorney Daniel F. Conley said.

After a three-day trial and about an hour of deliberations, a Suffolk Superior Court jury found Manuel Encarnacion, 43, of Roslindale, a sexually dangerous person under Ch. 123A of the Massachusetts General Laws, the DA said.

Judge Raffi Yessayan civilly committed Encarnacion to the Massachusetts Treatment Center in Bridgewater for a period of one day to life. The commitment comes at the conclusion of Encarnacion’s state prison sentence for a conviction in Suffolk Superior Court for indecent assault of a child under 14 and assault and battery.

Under the sexually dangerous person statute, prosecutors may seek post-incarceration civil commitment for any person serving a sentence for certain sex offenses if a qualified examiner finds the defendant to be sexually dangerous. Though they are civil proceedings, prosecutors’ burden of proof is beyond a reasonable doubt, just as in criminal cases. If found to be sexually dangerous, the defendant is committed to a secure facility for a period of one day to life but may petition for release once a year.



At trial, Assistant District Attorney Nicole Poirier of the DA’s Sexual Assault Unit presented testimony of two experts and other evidence to prove beyond a reasonable doubt that Encarnacion is likely to commit future sex offenses if not confined to a secure facility, the DA said. His SDP commitment means that he will be released from prison directly to the Massachusetts Treatment Center.

Encarnacion was previously convicted of indecently assaulting a young girl who was known to him. The victim’s family had opened their home to the defendant and allowed him to sleep on a couch the night prior to the April 18, 2009, assault. That morning, Encarnacion entered the room where the victim was playing video games and caring for an infant relative and violently knocked her to the floor, covered her mouth with his hand, and sexually assaulted her.

Encarnacion was later arrested and ultimately convicted of indecent assault and battery of a child under 14 and assault and battery but acquitted of assault with intent to rape; he was sentenced to four to five years in prison followed by probation until May 2019. During his time in prison, the evidence showed, he has refused to take part in sex offender therapy since January 2013. While incarcerated he has also been disciplined for various offenses, most notably orchestrating an assault on a fellow inmate in which 60 inmates took part. A corrections officer was also injured in the incident.

Jurors also heard evidence that Encarnacion previously served a decade in prison for a conviction of manslaughter committed in Worcester County in 1986 when Encarnacion was age 14.

Two qualified examiners testified that Encarnacion presented with a personality disorder as defined by Ch. 123A, Sect. 1, of the Massachusetts General Laws and is likely to reoffend sexually if not confined to strict security.

Encarnacion was represented by Victoria Kelleher. ..Source.. by Staff reports

Jury finds sex offender still poses a danger


3-26-15 Washington:

PORT ORCHARD — After deliberating for about a day, a Kitsap Superior Court jury found Wednesday that a man convicted of sexually assaulting a Bremerton girl in 1999 should be committed indefinitely to a secure facility.

Rick Allen Monroe, 46, will be returned to the state’s Special Commitment Center for sexually violent predators on McNeil Island.

The jury found that Monroe has a mental abnormality or personality disorder, which makes it more likely than not that he will reoffend if not confined.

One of the attorneys for the state, Assistant Attorney General Thomas Howe, argued that Monroe’s history of two convictions for sex crimes dating to 1984, not completing sex offender treatment in prison and a mental disorder made him a likely risk.

In the 1999 case, for first-degree rape of a child, Monroe was accused of assaulting two girls, ages 7 and 8, but Howe said that Monroe was alleged to have had up to five other victims. In 1984 in King County, Monroe had been convicted of indecent liberties with a girl younger than 14.

Monroe, originally from Oregon, had come to live in Bremerton in January 1999. He fled authorities in Washington, escaped police in southern Oregon and was arrested in Florida before being returned to Washington to face charges. He also was alleged to have shown an 11-year-old boy pornographic material.

“He’s demonstrated a predatory pattern,” Howe said.

Monroe had been accepted into treatment programs while in custody but did not complete them, Howe said.

To commit a sex offender, prosecutors must prove to the jury, beyond a reasonable doubt, that a sex offender is more likely than not to reoffend if released. There are about 260 sex offenders incarcerated at the state Department of Health and Human Services facility.

Monroe’s attorney, Martin Mooney of Snohomish County, had argued that Monroe has a cognitive neurological deficit that impairs his judgment but that he was not likely to reoffend.

Mooney said he was not surprised by the verdict.

“It’s not the right one, it’s just what I expected, there’s a difference,” he said.

Monroe’s trial was the second such trial in Kitsap this year. Last month a Kitsap jury found that George Hancock Jr., 49, should be committed to the center. ..Source.. by Andrew Binion

Jury finds Helotes sex offender should be civilly restrained


7-30-15 Texas:

Rodney Steve Haines showed no outward emotion when Montgomery County jurors unanimously declared him to be a “sexually violent predator” who could attack again and found that he should be civilly confined for treatment — with prosecutors calling it “scary” that Haines had been free for three months between his prison release and Wednesday’s commitment hearing.

Last month, it was reported that the state failed to hold mandated pre-release commitment hearings not only for the 60-year-old Haines, who was living with a relative in Helotes after he completed a 10-year prison sentence in April, but also for another sex offender, 56-year-old Joseph David Miller.

Miller has been living in Spring since his release from prison in May. Both were flagged as “high risk” pedophiles who under state law should have had hearings to determine if they should be civilly committed for treatment at least two months before their prison sentences ended.

When Haines’ hearing was finally held this week, prosecutors argued that he remained a threat to society. Haines’ attorney noted that his client had health issues and had not committed any new offenses since being freed.

The jury reached its unanimous verdict after deliberating less than 40 minutes.

Neither Haines nor his family members would comment after the verdict was announced in a Conroe courtroom. Afterward, he was taken into custody and transported to the Southeast Texas Transitional Center on Beaumont Highway in Houston, where he will be confined under strict supervision and forced to wear a GPS ankle monitor while undergoing treatment.

Texas’ civil commitment program was designed to keep Texas’ most dangerous sexual predators off the streets until they’re deemed safe to re-enter society, authorities said. But amid a mounting backlog of such cases, those commitment hearings never took place before Haines and Miller were set free.

The clogged docket can be traced back to a Montgomery County district judge, Mike Seiler, who was recently stripped of having sole authority over all of Texas’ civil commitment proceedings. A state judicial commission recently reprimanded Seiler for perceived bias after he’d suggested sex offenders were “psychopaths” who should be “castrated from the neck up,” among other things.

Texas lawmakers changed the law so that commitment hearings would no longer all be funneled to his Montgomery County court. The cases instead will be assigned to judges in each sex offender’s home county.

Nonetheless, Seiler continued to have jurisdiction over Haines’ and Miller’s cases, along with hundreds of other cases that were already pending in his court. So Haines and virtually every other offender with a pending case there demanded a hearing to have Seiler removed as the judge in their cases, creating long delays in the hearing process. So far, some 65 visiting judges have been assigned to take over Seiler’s cases — including retired Harris County Judge Lamar McKorkle, who presided over this week’s proceedings.

In closing arguments, Haines’ attorney, Scott Pawgan, argued against the further confinement of his client, saying the state had solely relied on his convictions of wrongdoing involving three young girls a decade ago. Pawgan said no evidence was produced of any wrongdoing since then, including during the three months he had been free.

But prosecutor Jacklyn Janis noted that it had taken 20 years before his sexual abuse of young victims surfaced in 2006. He was then sentenced to 10 years in prison after his conviction on nine counts of improper sexual activity with different under-aged girls, with some of the abuse starting when a female victim was age 9 and continuing for five years. “The fact that we have no record of what he’s done for the last 90 days is scary,” Janis told the jury. “It should be scary for all of us.”

Prosecutors also presented records of complaints from 10 other young girls who had accused Haines of wrongdoing.

Haines’ attorney was quick to point out that his client had never been charged in any of these other cases, and denied involvement.

Janis disagreed, saying, “This shows a persistent pattern of sex offending” by someone who refused to participate in any sex-offender treatment programs while in prison and maintained he “didn’t need it.”

At the same time, the prosecutors said, Haines demonstrated no remorse, She cited testimony this week in which Haines said 10-year-olds had bodies “mature” enough for sex, that his victims had been “willing” partners who “wanted” it. He also testified that having sex with them was wrong.

Dr. Lisa Clayton of Dallas, a forensic psychiatrist, was the only other witness to testify besides Haines. She diagnosed Haines as having both a pedophilia disorder and an anti-social personality that predisposed him to harm other children. She based this on his multiple sexual relationships with girls ages 9 to 14, whom she said he “groomed” to be his sexual partners, beginning with fondling and progressing to various other kinds of sexual assault, which sometimes occurred over a period of five years.

Pawgan said his client had been afraid of becoming a target in prison if he signed up for sex offender treatment there, but had recently voluntarily applied to attend such classes. Haines was also trying to turn his life around by attending church and working as a landscaper and painter, said Pawgan, adding that Haines suffered from coronary disease that had led to several heart attacks.

After the jury reached its verdict, Judge McKorkle encouraged Haines to continue on a path of self improvement so he could “get back into the free world.” ..Source.. by Cindy Horswell

Judge denies sex offender’s appeal challenging his commitment


9-22-15 Minnesota:

A man convicted of multiple instances of sexual assault went to the appeals court, challenging a court ruling that he should be kept in the beleaguered Minnesota Sex Offender Program. But the judge disagreed.

In a 14-page opinion posted Monday, the judge denied Brian Lee Wilbur’s arguments that the court made an error when deciding he should be committed to the sex offender program.

Wilbur had challenged his commitment, arguing two things: One, that he doesn’t meet the criteria to be committed as a “sexually dangerous person” – and two, that he could take part in a less-restrictive treatment option.

His criminal history, which is noted in the opinion: He’d pleaded guilty to sexually assaulting the 15-year-old sister of his then-wife in 1987, was found guilty of sexually assaulting a 5-year-old girl who lived in his apartment complex in 1988, and nine years later was sentenced to 25 years in prison for sexually assaulting a 25-year-old woman while she was in her bedroom. There’s also a window-peeping case from 1992.

In 2014, with his sentence nearing its end, two medical examiners concluded Wilbur fit the definition of a sexually dangerous person, and he was committed to the Minnesota Sex Offender Program.

That ruling prompted Wilbur’s appeal, and arguments that the court erred.

The judge, however, said the district court did not make an error in either instance – that there’s enough evidence Wilbur should be classified as a sexually dangerous person who is likely to re-offend, and that there isn’t another less-restrictive treatment option.

Wilbur has appealed at least three other times, with a judge never writing in his favor.

Criticism of the Sex Offender Program

Minnesota’s sex offender treatment program was ruled unconstitutional earlier this year, the result of a lawsuit brought against the state by confined offenders – all of whom have completed their prison sentence.

They argued the program locks people up indefinitely with little-to-no chance at getting out. In fact, only three have been provisionally released in the 20 years it has been running. None have been fully released.

As of July 1, the Department of Human Services said there were 720 offenders in the program.

As a result, last month the ruling judge ordered the state to make reforms – or he could intervene. Officials had until Monday, Sept. 21 to file proposed fixes. MinnPost reported another hearing was scheduled for late September. ..Source.. by Shaymus McLaughlin