Thursday, December 21, 2006

People v. Rasmuson (Cal. Ct. App. - Dec. 21, 2006)

Wow. This one is close.

When I read the first paragraph of the opinion, which described the two molestation offenses for which the defendant (Kenneth Rasmuson) was incarcerated and declared a sexually violent predator (SVP), my strong reaction was: "No way I would let this dude out."

But then I read the subsequent dozen pages of the opinion, which described the treatment that Rasmuson had received, his reaction to taking Lupron (and its effects), the details of the CONREP program, and the testimony of the various psychiatrist at Atascadero State Hospital. At which point my reaction was: "If this dude doesn't qualify to be let out, then no one qualifies to be let out."

In the end, my feelings remain profoundly and deeply mixed. Read the opinion and see what you think. It seems like a very tough call to me.