JUDGE RELEASES GUY HE KNOWS TO BE DANGEROUS

If the judge had a kid at school whom this guy might grab, he would soon find that the law said something different

A sexually violent predator whose release has been delayed for more than a year was ordered set free within two weeks by a judge who blasted state officials Friday for making little effort to find suitable housing for the convicted child molester. Timothy Lee Boggs, a 51-year-old Sacramento man who has two convictions for molesting 9-year-old boys in the 1980s, must be released by July 28. He will be allowed to live wherever he wants in Sacramento County as long as he adheres to a series of restrictions and takes part in at least a year of group therapy, Sacramento Superior Court Judge Ronald W. Tochterman ruled. "I recognize that there is a significant danger that Mr. Boggs may reoffend, that there's cause for legitimate concern," Tochterman said as the mother of one of Boggs' victims sat staring in disbelief. "On the other hand, he has paid his debt to society, and then some."

The ruling comes after delays that Boggs' attorney said were "political" efforts to keep his client behind bars even after it was clear that he had the legal right to be freed. "Nothing's happened in 400 days," attorney Ken Rosenfeld said. "Your honor, the law needs to prevail. Please release Mr. Boggs." Tochterman noted that Boggs had been ordered released May 20, 2005, from his commitment at Atascadero State Hospital, but that no action to find Boggs housing had been successful and that he had no choice but to order his release. "Regardless of what I think of whether Mr. Boggs should be released, I am required to follow the law," the judge said. "It is 100 percent clear under the law that Mr. Boggs is entitled to be released."

Boggs was ordered returned to Atascadero until July 28, and after that he will be allowed to choose a home anywhere in Sacramento County, as long as it is not within a quarter-mile of any K-12 school During the court proceedings, Boggs sat calmly, conferring occasionally with his attorney.

Viktoria Fenech, the mother of Boggs' victim from the 1989 case, watched the judge's ruling in silence and stared at Boggs, who had once been a family friend. "I just feel kind of numb," Fenech said. "It's just kind of disgusting."

Tochterman's ruling came after a lawyer for the state Department of Mental Health asked the judge to delay Boggs' release until the department could find suitable housing. Mental Health officials have said notoriety over the case has made it difficult to find anyone willing to rent space to Boggs.

He was sentenced to 13 years in prison after a 1988 arrest for molesting a 9-year-old boy. Boggs served seven years and was paroled, but a parole violation of possessing alcohol sent him back to prison. A court then declared him to be a sexually violent predator, a classification that landed him at Atascadero State Hospital, where he spent the past six years.

Under the law, the state is required to find housing and then provide intensive services for those who graduate from the sexually violent predator program. More than 6,200 sex offenders have been evaluated for the program, but only about 500 met the criteria for admission. Tony Seferian, a deputy attorney general, said that the state has made 269 separate contacts within Sacramento County in an effort to place Boggs, but that most landlords simply were not willing to rent to him. He must be released to Sacramento County because his most-recent crime occurred here.

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Compare the California system above with the Australian system referred to below:

One of Queensland's worst sexual predators, who was due to be released from jail this month, will be kept behind bars indefinitely. Attorney-General Linda Lavarch successfully applied to the Supreme Court for Shane Charles Waghorn, 45, to be detained indefinitely under the Dangerous Prisoners (Sexual Offenders) Act, which blocks the release of sex offenders who pose an unacceptable risk of reoffending.

Waghorn was about to complete a 14-year sentence for the sexual assault of a girl, 10, in 1992. "Although this offender has served his term of imprisonment, I am advised that he poses a serious danger to the community if he is released." Ms Lavarch said. "The offender has a long criminal history including carnal knowledge, deprivation of liberty and several counts of indecent dealing with children under the age of 16. "He has also failed to adequately address his sexual offending by completing a treatment program while in prison. "He has not shown any empathy for his victims or any understanding of his offending conduct."

Waghorn grabbed the 10-year-old girl as she was walking home, forced her into the boot of his car, tied her hands, took her to isolated bushland and sexually assaulted her. A witness tried to give chase, but Waghorn drove off. Police later saved the child from further harm. Waghorn was convicted of two counts of indecent assault, attempted rape and deprivation of liberty.

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