This is a proceeding wherein the State of New York moves to establish probable cause to believe that O.V. is a “sex offender requiring civil management” pursuant to Mental Hygiene Law article 10, § 10.06 (k).
O.V. opposes the motion.
On 12 December 2007, the court held a hearing to ascertain whether there is probable cause to believe that O.V. is a sex crimes offender requiring civil management.
At the outset, the State established that, on 18 May 1979, O.V. was convicted of two counts of rape in the first degree and two counts of criminal possession of a weapon, a knife, in the fourth degree. He was sentenced to 10 to 25 years imprisonment. In November 1999, in preparation for parole release, O.V. signed a sex offender registration form, in which he agreed, among other conditions, to attend a sex offender treatment program.
O.V.’s parole was revoked five months after his release based on his failure to participate in the Metropolitan Health Center Sex Offender program. O.V.’s excuse was it was just impossible for him to attend because he just didn’t have time.
O.V. was evaluated by two psychiatrists and found to be dangerous due to his antisocial personality disorder, polysubstance dependence and his predisposition to commit sex crimes before he was to be paroled a second time.
The State called Dr. J, its only witness, a forensic psychiatrist, board certified in both psychiatry and in forensic psychiatry, who is employed at Kirby Forensic Psychiatric Center and evaluated respondent O.V. in accordance with Mental Hygiene Law article 10.
Dr. J explained that before meeting with O.V., he reviewed all documents relating to the case, and that after the interview, he prepared a report, which he referred to during the course of his testimony. He said that they spoke about the instant offenses which involved two rapes, his involvement with drug and substance abuse treatment prior to his incarceration, the events during incarceration including disciplinary incidents, his release on parole and subsequent violation of parole five months later for failing to attend the sex offender treatment as mandated, what he considered might have motivated him to commit his sex offenses, his history of suicide gestures and whether he was really suicidal at the time and his involvement in treatment at Kirby Forensic Psychiatric Center.
Dr. J set forth that O.V. informed him that he raped two women because they reminded him of his mother. He also said regarding the instant offenses that they were done out of anger. He said that he was on his way to the methadone clinic to get his methadone when he committed the offenses. With respect to O.V.’s drug history, Dr. J testified that O.V. told him that he had been on methadone and was attending a methadone clinic but that he does not believe that he needs ongoing substance treatment or that he is at risk to use drugs in the future. O.V. informed Dr. J that even though he had used drugs in prison, he didn’t consider himself to be at risk now, and that if released, he would be able to prove that.
To Be Cont…
New York Sex Offense Lawyers, New York Rape Lawyers and Stephen Bilkis & Associates are experts in these fields of litigation. If you have questions regarding the issues and the law mentioned in the case above and you find yourself or a loved one in the same legal dilemma, please do not hesitate to call our toll free number or visit our firm. A team of accommodating lawyers will be glad to be of assistance.