State of Wisconsin vs. Homer L Perren Jr

La Crosse County Case Number 2010CI000003

Court Record Events

Date
Event
Court Official
Court Reporter
1
12-08-2014
Public defender order appointing counsel
Additional Text:
Eric Sanford

2
11-19-2014
Other papers
Additional Text:
Consent to interview CH 980 Re-examination

3
11-19-2014
Other papers
Additional Text:
Request for Appointment of Counsel and/or examiner

4
01-08-2014
Letters/correspondence
Additional Text:
from Sand Ridge re: Chapter 980.07 re-exam / Trmt Progress Report - filed

5
11-19-2013
Letters/correspondence
Additional Text:
from Sand Ridge Trmt Ctr re: Def commited under Ch. 980 - attached are 2 forms concerning his case: 1. Req for Appt of Counsel and/or Examiner 2. Consent to Interview

6
07-03-2013
Letters/correspondence
Additional Text:
From Court of Appeals: The Record has been filed this date (6-28-13)

7
06-27-2013
Transmittal of record to court of appeals

8
06-17-2013
Notice of compilation of record

9
05-30-2013
Letters/correspondence
Additional Text:
From Court of Appeals: A copy of the Notice of Appeal has been received/docketed this date (5-28-13)

10
05-23-2013
Notice of appeal transmittal

11
05-22-2013
Statement on transcript

12
05-22-2013
Notice of appeal

13
05-22-2013
Order appointing counsel
Levine, Elliott M
Additional Text:
ASPD Steven Phillips apptd

14
03-14-2013
Transcript
Additional Text:
Final Pretrial held 3-15-11 w/ EML Motion Hrg held 2-27-12 w/ EML Motion Hrg held 10-23-12 w/ EML Motion Hrg held 10-31-12 w/ eML Jry Selection held 12-10-12 w/ EML Jury Trial-Day 1 held 12-11-12 w/ EML Jury Trial-Day 2 held 12-12-12 w/ EML --- filed by Teresa Carnal Kolkind

15
03-13-2013
Transcript
Additional Text:
Status Hrg held 1-5-11 w/ EML Motion Hrg held 9-30-11 w/ EML Motion to Adjourn held 4-20-12 w/ EML -- filed by Tawni Kind

16
02-04-2013
Transcript
Additional Text:
of Motion Hearing on 11/20/12 Tina B

17
01-18-2013
Other papers
Additional Text:
Request for Court Record filed, copied & mailed 1-30-13 to ASPD Steve Phillips

18
01-09-2013
Letters/correspondence
Additional Text:
From: Def Re: request copy of order EML: send copy to Attys

19
01-02-2013
Transcript
Additional Text:
of FPT on 11/28/12 - Teresa K

20
12-17-2012
Notice of intent to pursue post-conviction relief

21
12-12-2012
Order
Levine, Elliott M
Additional Text:
Judgment & Commitment Order for Sexually Violent Person - signed by EML

22
12-12-2012
Order
Levine, Elliott M
Additional Text:
CRT hereby orders LCJ to facilitate @ the jail an in-person contact visit between def & his mother S.M. on 12-12-12 - signed by EML

23
12-12-2012
Jury trial
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
State b Asst AG R Weise / Def in person, incustody w/ Attys A Rios & V Rust JRY TRIAL - DAY 2 Atty Rust submitted an Order & CRT signed Order to allow Perren's mother to visit while def is here in LCJ 9:06 In session - jurors brought in Testimony begins 10:02: In session; after discussion w/ attys - def has decided not to testify. CRT questions Perren on his statutory right to testify or not to testify - Perren decided not to testify. CRT finds Waiver of Perren's Stat Right to testify F, V & I made 10:05 CRT & Attys go over proposed jury instructions 10:30 Recess to complete final draft of Jry Instructions 11:00 in session; Same apps; CRT & attys go over final jury instructions Jry brought in; CRT reads Jry Instructions to jurors 11:18 Weise gives closing arguments 11:37 Rios gives closing arguments 11:59 Atty Weise gives rebuttal closings 12:08 CRT finishes reading jry instructions; Baillifs sworn; Juror #3 excused as alternate 12:16 Jry out to deliberate; Attys indicate instructions were given as CRT said they would be No exh sent back to jury; If jry req any, CRT will be convened Atty Weise took & will be replacing Large Exh #3, 4 & 7 w/ letter-sized in next few days 12:21 Recess 1:16 In Session - Jry has reached Verdict (@ 1:05 pm) VERDICT: Jry finds def is sexually violent person as alleged in Petition No req to poll jury - jurors excused CRT makes findings on the record - enters the Commitment & CRT orders placement be @ secure facility CRT orders DNA testing; Sheriff Dept to remand def to DHS

24
12-11-2012
Jury trial
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
State by Asst AG Rebecca Weise / Def in person in custody w/ Attys A Rios & V Rust JURY TRIAL - DAY 1 Attys address several issues before jry brought in - Atty Weise has not re-dacted any of Dr's reports - doctors have been informed of CRT's rulings & limitations - Attys question on how to address def's living arrangements since he finished his prison sentence Per CRT: Attys can refer to Perren as patient @ Sand Ridge Secure Trmt Facility - Atty Weise marks exhibits also - Weise makes record of a brief contact w/ juror this a.m. Attys Rios & Rust have no issue 9:31 Jry brought in @ Sworn 9:32 CRT gives prelim opening Jry Instructions 9:41 Atty Weise gives opening Stmts 9:50 Atty Rust gives opening stmts EXHIBIT LIST: #1 Elliotts CV; #2 Report on Perren; #3 Diagram criteria for pedophilia(large exh); #4 Paraphilias (large exh); #5 Merricks CV; #6 Merricks report on Perren; #7 Criteria for antisocial personality disorder(large exh); #8 Amended JOC 89CF1376; #9 JOC 96CM1147; #10 JOC 99CF272; #11 JOC 11CF697; #12 Clinical trmt summary; #13 Revocation summary 4-7-96; #14 Revoc summary 5-27-98; #15 Violation/Rev summary 96CM1147; #16 assess/eval of inmate; #17 Psych Evaluation - NOT REC'D; #18 Memo of Social Worker - NOT REC'D WITNESS LIST: #1 Dr Nancy Elliott; #2 Dr. William Merrick; #3 Mark F.; #4 Mark F. 10:07 Testimony commences 11:59 Recess for lunch to 1:15 1:15 in session / same apps Atty Rust addresses issue of Perren's mother visiting him in jail - addresses issues - Per CRT: will address @ end of day Testimony commences 3:19 excused; Recess for 10 min; Atty Weise having Exh marked & CRT makes record on the earlier sidebar conversation 3:45 in session - jurors brought in Testimony commences 4:27 recess until 12-12-12

25
12-10-2012
Jury selection
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
State by Ast AG R Wiese / Def in custody w/ Attys A Rios & V Rust Jurors were given a special quest. in Jry Assmbly & filled it out. The attys were each given a copy of completed quests to review Trial to be held Tues, Wed., & Thurs - 12-11, 12 & 13/ 2013 Attys & CRT go over quest. & 2 jurors excused by stip. Attys have no objections to CRT's prelim selection instructions Jry Selection commenced CRT, staff, attys & def are in jry room where jurors who answered quest in certain way are voir dired individually. This is on the record All parties are back in CRTRM & still on the record. Atty Weise commences her Voir Dire Atty Rust does his Voir Dire of panel Voir Dire by Atty Weise on new members of Jry panel Attys do their strikes; Jry panel selected Atty Rust makes a record of CRT's use of word 'predator' earlier - not moving for mistrial, just making a record. Atty Weise comments

26
12-06-2012
Other papers
Additional Text:
Jury Questtionnaire

27
12-05-2012
Other papers
Additional Text:
Jury Questionnaire - approved & signed by EML 12-6-12

28
11-28-2012
Final pre-trial
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
State by R Weise / Def in custody w/ Atty Vincent Rust State submits requested Jry Inst. Atty Rust submits orders on CRTs exclusions ruled @ last Hrg - Weise reviews & has no objections CRT signs 2 Orders Weise reviewed "Motion in Limine" of Resp. #4 - CRT will allow Voir Dire ques. in chambers if requested. CRT GRANTS Motions in Limine CRT addresses Jry Quest requested - Attys comment CRT: will do a questionnaire - attys to provide agreed upon form by 12-5-12 Jurors to be brought up to CRTRM & hand them questionnaire & pens Jurors to fill out form & hand back - clerk to make 2 sets of copies - 1 for each atty Attys & CRT will go over them in chambers prior to starting selection

29
11-28-2012
Order
Levine, Elliott M
Additional Text:
Excluding Actuarial Instrument RRASOR - signed by EML

30
11-28-2012
Order
Levine, Elliott M
Additional Text:
Order Excluding Actuarial Instrument STATIC-99R - signed by EML

31
11-28-2012
Other papers
Additional Text:
Responden't Witness List

32
11-26-2012
Motion
Additional Text:
in Limine - Respondent

33
11-26-2012
Other papers
Additional Text:
Respondent's requeste Jury Instructions

34
11-20-2012
Motion hearing
Levine, Elliott M
Bjerke, Tina
Additional Text:
Def w/atty Rios & Rust Motions heard CRT: the state should provide the data to support the table. The respondent needs to have a opportunity to defend himself. The court will exlude the Static 99R & any reference to it. CRT: will not exclude the MnSOST R CRT: RRASOR is not a reliable tool. It has not been adjusted for age. I have a problem using it in conjunction with another tool - the Status 99. The RRASOR should not be used. CRT will exclude the references to the RRASOR CRT: Static 99 will allow the admission CRT: will not exlude the PCLR Same bond & cond

35
11-20-2012
Letters/correspondence
Additional Text:
From: Atty Rios Re: limiting the use of the requested material for purposes of representing PD clients subject to commitment under ch 980 would not harm the developer's monetary interests, in fact it would save counties considerable time & money EML: noted

36
11-19-2012
Motion
Additional Text:
Def's Motion to exclude Certain Evidence Pursuant to Due Process Clause & the Daubert Standard

37
11-16-2012
Notice of hearing
Additional Text:
and order to transport signed EML

38
11-16-2012
Notice of hearing
Additional Text:
and order to transport signd EML

39
11-12-2012
Notice of hearing
Additional Text:
& order to produce & transport signed EML

40
11-01-2012
Letters/correspondence
Additional Text:
to Atty Dufour from: Sand Ridge Trmt Ctr re: document attached is in PDF file of a working draft of paper that is in progress of being written. It includes the data req by the defense. This letter written to explain the context.

41
10-31-2012
Motion hearing
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
Chapter 980- Motion Hearing Def w/Atty Rust & Rios CRT informs Attys he has signed protective order Atty Dufour says they can comply w/Discovery request by Friday w/Courts protective order CRT: requested data goes to only 1 part of the conclusions reached. Brief in Opposition was withdrawn CRT: will not dismiss the case nor enter summary ruling because this matter needs to be tried fully Atty Rios confirmed with expert he is available Nov 20 from 3-5pm for testimony of Dr Wollert. Do not set anything else during that time

42
10-29-2012
Order
Levine, Elliott M
Additional Text:
Protective order signed EML

43
10-29-2012
Motion
Additional Text:
for a protective order

44
10-25-2012
Brief
Additional Text:
State's Brief in Opposition to Discovery Demand

45
10-23-2012
Telephone scheduling conference
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
Atty Rust in court, Atty Rios by phone Defense does have expert now Dr Thornton says data won't be available by 10/31/12 Rios says need date to proceed w/Dauberg Hearing & it is Stat'es burdon to prove data is reliable Atty DuFour responds CRT: leave on calendar for 10/31/12 & court will address issue at that time

46
10-08-2012
Notice
Additional Text:
of Hearing & Order to produce & transport signed EML

47
09-12-2012
Notice of hearing
Additional Text:
Motion hearing on October 31, 2012 at 10:00 am.

48
09-07-2012
Transcript
Additional Text:
of MH on 8/20/12 - Teresa CK

49
09-04-2012
Notice
Additional Text:
of Intent to offer Expert Testimony & request for hearing date

50
09-04-2012
Demand for discovery and inspection
Additional Text:
Amended

51
08-20-2012
Hearing
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
Daubert Hearing Atty DuFour states the info requested does not exist. Atty Rios still is requesting the documents - Dr is here to testify & they need literature to properly cross exam, Dr DuFour responds to Atty Rios comments on availability of requested materials Crt: If info not available it isn't admissible Dr David Thornton testifies Crt doesn't see how it is suppose to come to a conclusion with testimony before the court at this point - would prefer to have full info - Appellate court has set Circuit Court as gatekeepers. Atty Rios to let court know in 2 wks if they can find an expert on the issue - sooner would be better than later IR: in 2 wks to see if ltr came from Atty Rios

52
08-20-2012
Other papers
Additional Text:
State's Second Motion to Deny Respondent's Demand for Specific Discovery & Motion to Compel Evidence

53
08-20-2012
Other papers
Additional Text:
Response to State's Motion to Deny Respondent's Demand for Specific Discovery & Motion to Compel Evidence

54
08-20-2012
Other papers
Additional Text:
State's Motion To Deny Responden'ts Demand for Specific Discovery & Motion to Compel Evidence

55
08-20-2012
Other papers
Additional Text:
Respondent's Demand for Specific Discovery & Motion to Compel Evidence

56
08-16-2012
Other papers
Additional Text:
Response to State's Motion to Deny Respondent's Demand for Specific Discovery & Motion to Compel Evidence - filed by Atty Rios

57
08-14-2012
Motion
Additional Text:
Respondent's Demand for Specific Discovery & Motion to Compel Evidence

58
07-27-2012
Notice of hearing
Additional Text:
and Order to produce & transport sigend TWB for EML

59
07-11-2012
Transcript
Additional Text:
Motion Hrg held 6-4-12 w/ EML - filed by Teresa Carnal-Kolkind

60
06-11-2012
Letters/correspondence
Additional Text:
From Court of Appeals: ORDERED that the petition for leave to appeal is denied, without costs

61
06-07-2012
Notice of hearing
Additional Text:
Hearing on August 20, 2012 at 09:00 am.

62
06-04-2012
Brief
Additional Text:
in Opposition to Motion to Prohibit the Use of MnSOST-R, RRASOR, STATIC-99, PCL-$ and STATIC 99R Norms

63
06-04-2012
Other papers
Additional Text:
Response to the State's Brief in Opposition

64
06-04-2012
Motion hearing
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
Motion Hearing not completed by end of day - need another full day -- Exh #1,2,3,4 MOR Court: Get new date/time but it probably won't be until August

65
05-24-2012
Letters/correspondence
Additional Text:
dated 5-21-12 to: Atty Vincent Rust from: Atty Anthony Rios re: Curriculum Vitae for Dr. Terence Campbell & article "Improving the Predictive Accuracy of Static-99 & Satic-2002 w/ Older Sex Offenders: Revised Age Weights" by Leslie Helmus et al. Richard Wollert

66
05-24-2012
Letters/correspondence
Additional Text:
dated 5-21-12 to: Atty Vincent Rust from: Atty Anthony Rios re: Article "Using Logistic Regression Modeling to Predict Sexual Recidivism: The MN Sex Offender Screening Tool - 3 (MnSOST-3)" by Grant Duwe & Pamela Freske

67
05-16-2012
Letters/correspondence
Additional Text:
dated 5-14-12 to: EML from: Atty V Rust re: AAG Wiese's staff informs counsel that she is unavailable for week of 10-8-12. Req CRT schedule initial commitment jry trial for week of 12-10-12

68
05-16-2012
Notice of hearing
Additional Text:
Jury selection on December 10, 2012 at 09:00 am.

69
05-09-2012
Order
Levine, Elliott M
Additional Text:
to Transport signed EML

70
04-27-2012
Letters/correspondence
Additional Text:
From Court of Appeals: ORDERED that the petition for elave to appeal is denied, without costs.

71
04-20-2012
Motion hearing
Levine, Elliott M
Kind, Tawni
Additional Text:
Motion to Continue to 6/4 Attys Weise & Rios by phone CRT:Want answer from Court of Appeals if they are going to accept this or not. Perpare all reports, be out there so can proceed w/everything together. Adjourn May date to 6/4 if no answer by then we wil proceed. Not staying proceedings just adjourning. Should continue with all discovery. Attys can discuss due dates & send letter or set up scheduling conference w/Robin

72
04-20-2012
Other papers
Additional Text:
Respondent's answer to State's Motion to Adjourn

73
04-20-2012
Motion
Additional Text:
to Adjourn Motion Hearing set for 5/1/12

74
04-13-2012
Affidavit
Additional Text:
Affidavit of Dr. Terrence W Campbell in support of: - Respondent's Motion to Exclude Testimony on the Static-99 pursuant to WIS.STAT. 907.02 - Respondent's Motion to Exclude Testimony on the Static-99R pursuant to WIS.STAT. 907.02 - Respondent's Motion to Exclude Testimony on Long-term Recidivism estimates pursuant to WIS.STAT. 907.02 - Respondent's Motion to Exclude Testimony on MnSOST-R pursuant to WIS.STAT. 907.02 - Respondent's Motion to Exclude Testimony on PCL-R Pursuant to WIS.STAT. 907.02 - Respondent's Motion to Exclude Testimony on the PRASOR pursuant to WIS.STAT. 907.02

75
04-03-2012
Other papers
Additional Text:
Vitae - Hollida Wakefield

76
04-03-2012
Affidavit
Additional Text:
Affidavit of Holilda Wakefield

77
04-03-2012
Other papers
Additional Text:
Vitae - Richard Wollert Ph.D

78
04-03-2012
Affidavit
Additional Text:
Affidavit of Richard Wollert

79
03-30-2012
Letters/correspondence
Additional Text:
From Court of Appeals: A Petition for Leave to Appeal has been filed in this case

80
03-13-2012
Letters/correspondence
Additional Text:
From Court of Appeals: ORDERED that the time to file a petition for leave to appeal from the circuit court's March 1, 2012 order is extended to 3-29-12

81
03-07-2012
Amended
Additional Text:
Respondent's Amended Motion to Exclude Evidence Pursuant to WIS.STAT. 907.02 & 904.03

82
03-07-2012
Transcript
Additional Text:
Motion Hearing held 2-27-12 w/ EML - filed by Teresa Carnal-Kolkind

83
03-07-2012
Letters/correspondence
Additional Text:
dated 3-6-12 to: EML from: AAG Reebcca Weise re: req copy of Order signed by the CRT on 3-1-12 be sent to AAG. PER EML: send copy of Order to Ms. Weise

84
03-01-2012
Order
Levine, Elliott M
Additional Text:
Finding & Order: The matter came before CRT for purposes of determining whether Wis.Stat. 907.02(as amended by 2011 Wis.Act 2 & 34m) applies to this action. After presentation of evidence & argument, the CRT makes following Finding & issues the Order ORDER THAT NEW STANDARD OF ADMISSIBILITY OF EXPERT EVIDENCE UNDER WIS.STAT.907.02 (AS AMENDED BY 2011 WIS. ACT 2 & 34m) APPLIES TO THIS ACTION - signed by EML

85
03-01-2012
Letters/correspondence
Additional Text:
to: EML from: Atty Anthony Rios re: Finding & Order enclosed for CRT's review & signature

86
02-27-2012
Motion hearing
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
#1 - Motion as to which standard to use under 907.02 #2 - Motion to Exclude #3 - Motion in Limine CRT: Makes findings - Motion as to which standard to use for CH 980 cases - strict scrutiny is standard that should be applied - 907.02 should be applied to Mr Perren's case. Attorney Rios to prepare Order and submit. Motion to Exclude Witness' CRT: Questions Def as to him understanding, Def verbally agrees to the waiver of time limits and Court finds good cause. Hearing: 04-30-12 at 9:00am w/EML

87
01-25-2012
Order
Levine, Elliott M
Additional Text:
Order to Produce & Transport - signed by EML

88
01-25-2012
Notice of hearing
Additional Text:
2-27-12 @ 1:30 w/ EML

89
01-18-2012
Order
Levine, Elliott M
Additional Text:
Order to Produce & Transport - signed by EML

90
01-18-2012
Notice of hearing

91
01-18-2012
Letters/correspondence
Additional Text:
to: EML from: DOJ re: NOH & Order to Produce & transport filed

92
11-02-2011
Other papers
Additional Text:
Respondent's Reply to State's Response to Motion to Challenge Expert Testimony Pursuant to WI ACT 2 (sent up to Br. 2 for review)

93
10-18-2011
Notice of hearing
Additional Text:
Motion hearing on February 24, 2012 at 01:30 pm.

94
10-14-2011
Brief
Additional Text:
in support of Motion to exclude evidence pursuant to amended wis stat 907.02

95
09-30-2011
Motion hearing
Levine, Elliott M
Kind, Tawni
Additional Text:
Rios brief due in 2 wks Weise brief due 2 wks after Rios reply due in 1 wk after that Off trial calendar - get 1/2 day for testimony after 11-18-11

96
09-26-2011
Notice of motion, motion
Additional Text:
Def's Notice of Motion & Motion to Exclude Evidence Pursuant to Amended WI STAT.907.02

97
09-26-2011
Letters/correspondence
Additional Text:
to: COC from: Atty Rios re: Respondent's Notice of Motion &Motion enclosed

98
09-21-2011
Notice of motion, motion
Additional Text:
To Exclude Evidence

99
09-21-2011
Notice
Additional Text:
Notice of Intent to Offer Expert Testimony to Support Respondent's Motion to Exclude Evidence filed

100
09-21-2011
Notice of motion, motion
Additional Text:
Respondent's Notice of Motion and Motion in Limine filed

101
09-14-2011
Notice of hearing
Additional Text:
And Order to Produce and Transport signed by EML

102
06-13-2011
Letters/correspondence
Additional Text:
to EML from Rebecca Weise Assistant Attorney General re: unavailable for the pretrial conference set for June 14th, will be in a trial. Parties are still not available for trial the last week of June but continue to be available for trial on 10-10-11 through 10-14-11.

103
06-01-2011
Notice of hearing
Additional Text:
Final pre-trial on June 20, 2011 at 01:30 pm.

104
03-17-2011
Other papers
Additional Text:
WI Chapter 980.04 Eval

105
03-17-2011
Letters/correspondence
Additional Text:
To: EML From: Rebecca Weise DOJ Re: request that new dates for trial be scheduled Per Branch 3 - will address at FPT

106
03-16-2011
Notice of hearing
Additional Text:
Jury selection on October 10, 2011 at 09:00 am.

107
03-16-2011
Notice of hearing
Additional Text:
Jury selection on June 27, 2011 at 09:00 am.

108
03-15-2011
Final pre-trial
Levine, Elliott M
Carnal-Kolkind, Teri
Additional Text:
Court: Defense atty requesting continuance - Court questions DE and finds waiver FVI made FPT 6-20 at 1:30 JS: 6-27-11 at 9 JT: Jun 28 29 30 - backup) FPT 9-29 at 3 JS: 10-10 JT: Oct 12,13,14 - all with Levine

109
03-15-2011
Letters/correspondence
Additional Text:
to Judge Levine from Atty Anthony Rios requesting continuance of jury trial for more investigation and to prepare for trial

110
03-15-2011
Other papers
Additional Text:
State's List of Witnesses filed

111
03-14-2011
Other papers
Additional Text:
Waiver of Time Limits

112
02-15-2011
Order
Levine, Elliott M
Additional Text:
Appointing Expert - Dr. Craig Rypma - signed by EML

113
02-15-2011
Motion
Additional Text:
Def's Motion to Appoint Expoert

114
01-28-2011
Transcript
Additional Text:
Probable Cause Hearing held on 1-19-2011 filed by Tawni Kind

115
01-20-2011
Notice of hearing
Additional Text:
Jury selection on March 28, 2011 at 09:00 am.

116
01-19-2011
Other papers
Additional Text:
State's Request for Jury Trial filed.

117
01-19-2011
Other papers
Additional Text:
Probable Cause hearing Findings and Orders signed by EML

118
01-19-2011
Probable cause hearing
Levine, Elliott M
Kind, Tawni
Additional Text:
Exhibit's: #1 Certified copy Notification of Sentence Data, #2 JOC 1990, #3 JOC 2001, #4 CV Dr Elliott, #5 Report Dr Elliott Testimony given Atty Rios objects - don't think the State has met it's Burden. CRT: Qualifying convictions, he has a qualifying mental disorder, the axisis 1 and 2 disorders (pediophilia and paraphilia) as defined in State v Adams and under 980.019 there is probable cause to believe that it is more likely than not he will be sexually violent in the future. JS: 03-28-11 JT: 04-04-11 thru 04-08-11 Rios - he wants to appear by phone at all non evidentiary issues. State - no objection CRT: He can appear by phone even if he waives time limits.

119
01-11-2011
Order
Levine, Elliott M
Additional Text:
Notice of Hearing and Order to Tansport signed by EML

120
01-05-2011
Initial appearance
Levine, Elliott M

121
01-05-2011
Probable cause hearing
Levine, Elliott M
Kind, Tawni
Additional Text:
State by AAG Rebecca Weise (by phone) / Def in custody w/ Attys Rios & Rust AAG Weise req more time - Def OK w/ Waiving any time limits CRT: Parties Stip to going beyond 10-day time limit; CRT finds good cause; Get date / time from Jud Ast. Robin

122
01-05-2011
Letters/correspondence
Additional Text:
to: EML from: DOJ re: enclosed for review is copy of Special Purpose Evaluation prepared - copy sent to Pub Def Ofc

123
01-05-2011
Affidavit
Additional Text:
of Mailing

124
01-05-2011
Demand for discovery and inspection
Additional Text:
def's demand

125
12-30-2010
Order appointing counsel
Levine, Elliott M
Additional Text:
Anthony Rios

126
12-30-2010
Order appointing counsel
Levine, Elliott M
Additional Text:
Vincent Rust

127
12-29-2010
Order
Levine, Elliott M
Additional Text:
Notice of Hrg & Order to Produce & Transport - signed by TWB for EML

128
12-22-2010
Order
Levine, Elliott M
Additional Text:
Findings & Orders for Detention, Transfer & Probable Cause Hrg - signed by EML

129
12-21-2010
Petition alleging sexually violent person
Levine, Elliott M
Additional Text:
Chapter 980 Petition