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| California State Supreme Court Denies Release of Sex Predator |
| By Associated Press |
| Published: 04/26/2002 |
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California's highest court ruled Thursday that the governor cannot keep sex offenders locked up beyond their sentences, saying only the courts can decide whether they are entitled to release. The state Supreme Court ruling came in the case of 46-year-old Patrick Ghilotti, who convicted of four rapes and other crimes and was awaiting release after completing his sentence of nearly 22 years. Under state law, violent sex offenders can be locked up beyond their sentences if two evaluators agree they are dangerous. Three mental health evaluators independently agreed that Ghilotti the first person to complete a state treatment program for violent sexual predators is no longer a threat. But hours before Ghilotti was to be released in December, Attorney General Bill Lockyer, at the urging of Gov. Gray Davis, filed an emergency petition asking the high court to keep him from getting out. The state argued that offenders can be recommitted by the Mental Health Department director, appointed by Davis; Ghilotti's lawyer argued the law is clear in that independent evaluations cannot be overridden. The Supreme Court ruled 5-2 that while the health department lacks the authority to hold offenders, it can send the evaluations to a lower court to make sure they comply with the law. The high court did not release Ghilotti. Instead it sent his case back to lower-court judge to see whether the evaluations were legally proper. |
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