In the past week, there has been two decisions that two parole officers should have had earlier that would have John Albert Gardner III sent back to prison, even if it's for little as four months, and then sent INDEFINITELY to Atascadero State Hospital, probably for good.
In the case of Wilson v. Superior Court, decided March 22, 2010, by the Second District Court of Appeal, the Court said:
"The procedures for civilly committing a person as a sexually violent predator pursuant to the SVPA were recently summarized in Allen: The process 'begins when the Secretary of the Department of Corrections and Rehabilitation determines that an individual in the custody of the department may be a sexually violent predator, and the Secretary refers the individual to the State Department of Mental Health for an evaluation. If two evaluators concur that the individual meets the statutory criteria of a sexually violent predator, the Director of Mental Health shall request the county in which the person was convicted of the offense for which he or she is incarcerated to file a petition for commitment under the SVPA. (§ 6601.)' (Allen, supra, 44 Cal.4th at pp. 857-858; see also McKee, supra, 47 Cal.4th at pp. 1185-1187.)
“'If the trial court determines that the petition establishes "probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release," the court shall order a trial to determine whether the person is a sexually violent predator. (§§ 6601.5, 6602.) The individual "shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports." (§ 6603, subd. (a).) If the individual is indigent, the court shall appoint counsel to assist the individual in obtaining an expert evaluation and expert assistance at trial. (Ibid.) To secure the individual’s commitment, the district attorney must prove beyond a reasonable doubt that the person is a sexually violent predator. (§ 6604.) When a jury decides the case, its verdict must be unanimous. (§ 6603, subd. (f).)' (Allen, supra, 44 Cal.4th at pp. 857-858.)
"As amended in 2006, the SVPA provides, if the trier of fact finds beyond a reasonable doubt the person is a sexually violent predator within the meaning of the section 6600, 'the person shall be committed for an indeterminate term to the custody of the State Department of Mental Health for appropriate treatment and confinement in a secure facility designated by the Director of Mental Health . . . .' (§ 6604.) [Footnote ommitted.] A person committed as a sexually violent predator has the right pursuant to the SVPA to an annual medical review of his or her mental condition. (§ 6605, subd. (a).) If the report concludes the person no longer meets the definition of a sexually violent predator or conditional release is appropriate, the Department of Mental Health must authorize the person to petition the committing court for release (§ 6605, subd. (b)). If the court determines there is probable cause to believe the person’s mental disorder has so changed that he or she is not a danger to the health and safety of others and is not likely to engage in sexually violent criminal activity, the court must set a hearing to determine whether the person’s release or conditional release is appropriate. (§ 6605, subd. (c); McKee, supra, 47 Cal.4th at p. 1187.)"
The problem is that Gardner should have been sent back to prison for the Parole violations he committed, and then he should have been evaluated by two mental health evaluators, which would have started the proceedings to send Gardner back to Atascadero. They didn't, and Chelsea King and Amber Dubois are dead.
The second case is from Division Two of the Fourth Appellate District, who don't even bother to fucking read the Briefs. This is important, because Gardner's alleged residence was in Lake Elsinore (Where Division Two has jurisdiction), but after Jessica's Law was passed in November 2006, Gardner was required to register his addresses and his many vehicles with law enforcement. The Division Two case of People v. Gonzales, decided today, states that at page 11:
"The trial court instructed the jury under jury instruction CALCRIM No. 1170 on the charged crime of failing to register as a sexual offender as follows: 'To prove that the defendant is guilty of this crime, the People must prove that: [¶] 1. The defendant was previously convicted of a felony sex offense requiring registration; [¶] 2. The defendant actually knew he had a duty to register as a sex offender under Penal Code Section 290 every residence at which he regularly resides, regardless of the number of days or nights spent there, providing the registering authority with all of the addresses where he regularly resides; and [¶] 3. The defendant willfully failed to register as a sex offender with the police chief of that city every residence at which he regularly resides, regardless of the number of days or nights spent there, providing the registering authority with all of the addresses where he regularly resides. [¶] Someone commits an act willfully when he does it willingly or on purpose.' (Italics added.)"
This means that Gardner was supposed register at his Lake Elsinore "residence", the apartment he stayed in Escondido, and his momma's house. While on parole, the parole officers didn't violate his sorry ass for not registering at all those places. HELLO?!!!
In light of the California Department of Doughnut-heads and Retards, maybe Schwarzefucker should appoint Karl Pilkington as its director. If Karl is a U. S. Citizen, maybe he should run for Governor, since this State is headed towards the toilet by the GOP (Also known as Gross-Out Pigs). It's time for the parole piggies to stop being stuck on stupid, and start enforcing laws we already got. We don't need new laws for kids. The ineffective laws we got are full of loopholes, and don't mean shit to our parole officers. Either we revise them, or start fucking over!
As for Jaycee Dugard and her family, they should encourage the King and Dubois families to sue the California Department of Corrections and Rehabilitation for their fucking sorry-ass failure to prevent Chelsea's and Amber's murders.
IT'S ABOUT TIME!
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