Evidence banned in predator case
By Staci Hupp
Des Moines (Iowa) Register
08/11/2000

A Story County judge has become the first to ban evidence in the state's 1998 civil commitment law, which locks up sexual predators for treatment after they've served their prison time.

Harold Johnson of Ames was expected to face trial this month under the law. Johnson finished his five-year sentence for sexually abusing a child in November and has been held in prison since then. The state says Johnson has mental problems that make him likely to abuse other children.

In a hearing last month, District Judge Carl Peterson threw out a test that identified Johnson as a likely repeat offender.

State prosecutors appealed, and the Iowa Supreme Court delayed the trial to determine whether Peterson's ruling is fair. Supreme Court justices this week decided not to rule on the case, which is back at the county level, said Doug Marek, deputy attorney general. A new trial date has not been set, he said.

Psychologists across the nation rely on methods intended to identify likely repeat sex offenders. Peterson criticized the validity of those methods, particularly because sex offenders who are never cured could spend the rest of their lives locked up.

The judge acknowledged the law's intent to protect society from sexual predators but added, "It is also a responsibility of the trial court to balance that community need with the individual rights and liberty interests" of offenders, according to court records.

"As unsubstantiated as they are by general psychological and psychiatric standards, these assessment tools are being assigned the attributes of an ultimate test," Peterson said in a ruling.

Johnson's attorney, Catherine Johnson, did not return telephone calls Thursday.

Twelve other inmates in Iowa have been held beyond their sentences until their mental problems are deemed cured. At least 10 sex offenders have challenged the constitutionality of the civil commitment law, but the Story County judge's ruling is unprecedented, Marek said.

If a jury is convinced that Johnson is likely to reoffend, he'll be sent to the state's Civil Commitment Unit for Sexual Offenders in Oakdale, where offenders undergo a five-phase treatment.

In the meantime, Johnson must wait in prison. Other sex offenders have waited up to a year for trial under the civil commitment law, which was modeled after a Kansas statute.

Prisoners in states with similar laws are locked up for treatment an average of five to seven years after they have served their prison terms, said Jim Gardner, director of the Oakdale facility.

Sex-abuse victims and their families say they feel more secure with the civil commitment law, but the law has attracted doubt from experts since its outset.

In 1998, a state task force deemed the law costly, limited to only certain sex offenders and not focused enough on treatment.

The state spent $526,000 on the civil commitment unit its first year, with only one sex offender to treat. This year's budget is $1.45 million, said Jim Gardner, director of the Oakdale facility.

Some psychologists and researchers say sex offenders aren't getting a fair shot at starting over after prison because they face more scrutiny than other criminals. There have been attempts to develop more accurate and fair assessment tools.

Civil-rights activists call the law unconstitutional. "The law violates the constitutional right against being punished twice for the same crime because the offender is not allowed to begin treatment until they are released from prison," said Randall Wilson, legal director of the Iowa Civil Liberties Union. "It's a double punishment."

Gardner said Iowa offers treatment to sex offenders in prison, although the treatment is not required. He said those who fail such programs, or are in denial, make good candidates for the civil commitment program.

State prosecutors say they're not swayed by the Story County judge's decision. "Until the state Supreme Court rules on those issues, we don't consider them a setback," Marek said. "At this point, they're simply limitations."