Rehabilitated. Right.
Convicted sex offender accused of raping boy at Mass. library
BOSTONThe rape this week of a 6-year-old boy in a public library has reignited debate over a state law allowing sexually dangerous predators to be locked up indefinitely after completing their prison terms.
The suspect in the boy's assault was a convicted child rapist who was released about a year ago by a judge over the objections of prosecutors and three psychologists who said he was dangerous and would likely strike again.
Corey Saunders, 26, was arrested outside a homeless shelter Wednesday evening shortly after the boy was assaulted at a New Bedford library while the child's mother was using a computer nearby.
Massachusetts law allows judges to commit sex offenders indefinitely if they're found to be dangerous and likely to reoffend. But Bristol Superior Court Judge Richard Moses rejected the motion by the district attorney's office to keep him in custody.
The judge cited Saunders' low IQ, his history of being sexually abused as a child and his lack of sexual offenses while in prison. A psychologist for the defense said he was not likely to re-offend. Even though Saunders had difficulty in completing his treatment program, "such fact alone does not establish likelihood of reoffense," the judge wrote.
"The court finds it significant that Saunders' offending conduct took place over seven years ago. Also, Saunders, who has experience an extremely difficult childhood and has a borderline IQ, was far from emotionally mature at the time of his offending conduct," the judge said in rejecting the petition to commit Saunders.
Former Bristol district attorney Paul F. Walsh Jr., who filed the petition, said Friday he can't remember a case in which there was more overwhelming evidence for the prosecution.
"In this case, you had prior criminal offenses, failure to complete treatment programs, three psychologists saying he was dangerous," he said. "I don't know what more you could have. If that is not sufficient, I don't know what more would be needed."
The judge is not allowed to comment on a pending case.
Suzanne DelVecchio, the retired chief justice of the state Superior Court, said Moses "is a wonderful judge, very cautioned in his decisions."
"He thinks them through, and I am sure it has been very difficult for him since this happened," she said.
Saunders, who was convicted in 2001 of child rape and assault and battery on a child for raping a 7-year-old boy in a foster home where he was placed, is classified as a Level 3 sex offender, the state's most dangerous designation. He had registered with police, as required by law.
He spent four years behind bars on the 2001 conviction, completing his sentence in December 2006. He had been living in Boston and recently spending time in homeless shelters in New Bedford. His attorney, public defender Lee Fortier, did not immediately return a call for comment.
Authorities say he lured the boy into a secluded corner and raped him. New Bedford police Lt. Jeffry Silva said the boy did not scream because he was so paralyzed by fear. Saunders demanded the boy's address and threatened to rape him again, Silva said.
A librarian who became suspicious when she saw the boy and Saunders together alerted the boy's mother, authorities said.
Saunders is being held without bail pending a hearing scheduled for Thursday. He is charged with rape of a child by force, indecent assault and battery on a child under 14 and enticing a child.
"It is a tragedy that this took place," current District Attorney Sam Sutter said. "This incident dramatizes exactly why we have a Sexually Dangerous Persons protocol."
But John Swomley, a defense lawyer who has represented some sex offenders, said it is almost impossible to predict someone's future behavior.
"What happened in this particular case is awful, but I'm not a proponent of civil commitment. I call it involuntary commitment," he said. "You are putting them in prison for crimes they didn't commit."
The civil commitment law as it currently stands is based on politics and not on science, he said, suggesting longer prison terms for people convicted of sex crimes.
Judges must make their decisions based on the law, and the law says that at civil commitment hearings, prosecutors must prove beyond a reasonable doubt that the defendant is likely to re-offend, DelVecchio said.
This case was difficult because there was one psychologist who determined that Saunders would not strike again.
"It's heartbreaking for a judge when we make these decisions and we're wrong, but judges make thousands of decisions and we're only remembered when we're wrong," she said.
Walsh said the state's civil commitment law is necessary because sex offenders are incurable.
"In my 20 years as a prosecutor, never in my life have I seen a person convicted of sex crimes cured, never say 'I don't have those feelings any more,"' said Walsh, who just finished a yearlong assignment at the National District Attorney's Association and plans on going into private practice.
"You need a law like this to balance a defendant's personal freedom against society's right to be safe," he said.
http://www.boston.com/news/local/massachusetts/articles/2008/02/01/convicted_sex_offender_accused_of_raping_boy_at_mass_library/Thing is, this is why I'm glad MY state law reads as follows:
A person is justified in using deadly force upon another person when he reasonably believes that such other person: (a) Is about to use unlawful, deadly force against the actor or a third person; (b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary; (c) Is committing or about to commit kidnapping or a forcible sex offense; or (d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
Because if I saw that happening, this sort of scum in the act of raping a six-year-old in the corner of a library, I'd follow that law to the letter and put at least two 9mms in his head at close range. And I'd dare anyone to object. That kid's life is ruined because of that scum...and because of the judge that let him out.
