On 10 December 2007, the court held a probable cause hearing related to K.A., who is now being held at Manhattan Psychiatric.
At the outset, the State proffered two certificates of conviction, which were received into evidence without objection. K.A.’s most recent conviction, obtained in July 1982 after a non-jury trial, was for two counts of Sodomy in the First Degree, and seven other counts, including Sexual Abuse in the First Degree and two counts of Endangering the Welfare of a Child.
For the above mentioned sex crimes K.A. was ultimately sentenced to 15 to 30 years. He served 23 years, plus the time he first spent at Kirby and then at Manhattan Psychiatric. The State also introduced the Grand Jury indictment underlying the 1982 convictions into evidence to show that some of the counts consisted of crimes against a child under the age of 11.
The State further established that in July 1972, K.A. pled guilty to four counts of Impairing the Morals of a Minor.
The State called JJ, M.D., a forensic psychiatrist, Board Certified in both Psychiatry and in Forensic Psychiatry, who is employed at Kirby and who evaluated K.A. in accordance with MHL Article 10. He explained that in advance of meeting with K.A., he reviewed all documents relating to the case and, after the interview, prepared a report. He testified that he spent approximately three hours total with K.A, one hour of which was specifically dedicated to MHL Article 10 analysis. He stated that in response to questioning about his convictions, K.A. admitted to having had oral sex with “young” victims—in one case “as young as ten years old.” K.A. told Dr. JJ that at first he did not think it was wrong to have these contacts with young children, but now after years of treatment, he knows his conduct was a “no-no.”
Pedophelia is defined by Dr. JJ as: a gun was not utilized.
“a disorder that is characterized by persistent attraction to children who are prepubital, and that those preoccupations either cause extreme discomfort for the patient or leads the patient to commit, engage in pedophilic behavior. In other words, it’s having sex with minors. And those preoccupations have to be present for at least a six month period to rise to the level of the diagnosis.”
Dr. JJ concluded that pursuant to the Diagnostic and Statistical Manual, Fourth Revision (DSM IV) of the American Psychiatric Association, K.A. suffers from Axis I disorder of Pedophelia. He also concluded that K.A. met “at least two criteria” relevant to Axis II disorder of “rule out Antisocial Personality Disorder.”
Dr. JJ further testified that he confirmed the State’s results for the STATIC 99 test, which is “an actuarial risk assessment instrument that is used for sex offenders.” Dr. Hicks pointed out that the STATIC 99: “is a scale that has ten questions and each item is scored with reference to a manual. You add up a total score which is then divided among different criminal risk categories, low risk, medium risk and high risk. So, for example, a score of 6 on the STATIC 99 falls in the category of high risk offenders who have demonstrated a recidivism rate of 39 percent in other words being rearrested for another sex offense within five years.”
To Be Cont….