Child molester unlikely to re-offend, expert says

 Muller, Heather, eurekareporter.com, 16 October 2007

The people rested their case Tuesday in a hearing held to determine
whether a man twice convicted of molesting young children should be
declared a Sexually Violent Predator under California law.

J[...] F[...] G[...], 61, could face involuntary civil commitment -- an
open-ended sentence at a locked psychiatric facility -- if the jury finds
three elements in the case: that G[...] committed qualifying prior
offenses, that he suffers from a diagnosed mental disorder and that his
mental disorder is such that he would likely re-offend if released.

But an expert testified Tuesday that he did not believe the criteria had
been met.

Dr. James J. Park, a clinical psychologist testifying on behalf of
G[...], said the man's release would pose "a very low risk" to the
community.

"He is very unlikely to re-offend," Park said, adding that in his
professional opinion G[...] "does not have a diagnosed mental illness
that presupposes him to sexually criminal acts."

Park interviewed G[...] twice --  in 2005 and 2006 --  and diagnosed him
with chronic post-traumatic stress disorder and a personality disorder
with antisocial and narcissistic features.

Park also diagnosed G[...] with pedophilia and alcohol dependence, but
said both conditions were in remission.

"If it is not actively going on at this particular time, then it is in
remission," Park said.

G[...] declined to be interviewed by experts who argued for his
commitment, and also refused to participate in the Sexual Offender
Commitment Program at Atascadero State Hospital, where he was previously
sent for treatment.

But on cross-examination, Park volunteered that 80 percent of ASH
patients do not participate in the SOCP.

"I don't fault him at all for not doing that," 

Park said, adding that patients who do participate can spend between six and 10 years working through just one phase of the five-step program.

Park argued that the program itself was fundamentally flawed, focusing
too much on details of past offenses in an attempt to prevent relapses.

Preventing relapses should be the goal of sex-offender treatment plans,
Park agreed, but said the SOCP approach had been criticized for
instilling a sense of shame in participants. 

"Shame," he said, "is looking at yourself as scum." It's a negative
emotion that, in Park's opinion, actually increases the risk of re-offense.

A contentious cross-examination by Humboldt County Deputy District
Attorney Allan Dollison followed, with Dollison grilling Park on
numerous details of his testimony.

The psychologist conceded that he had performed only 30 SVP evaluations
in his career, and in each case that proceeded to court had always
argued against civil commitment.

Dollison questioned whether Park had taken into account in this case a
report from one examiner that stated G[...] had admitted molesting
children as many as 10 times, although he had been charged in only two
cases.

Park answered that G[...] told him that, on the advice of a doctor, he
had fabricated the additional offenses in order to qualify for a
treatment program -- even though, as Dollison quickly noted, G[...] was
refusing to participate in the program currently available to him.

Dollison asked at one point if Park believed G[...]' pedophilia had
been cured.

"There is no cure," Park said, "so I would not even use that terminology."