SAN JOSE
– Convicted sexual predator Brian DeVries will not be released
to Morgan Hill this week as neighbors feared, but a judge Wednesday
did not rule it out for the future.
SAN JOSE – Convicted sexual predator Brian DeVries will not be released to Morgan Hill this week as neighbors feared, but a judge Wednesday did not rule it out for the future.
Santa Clara County Superior Court Judge Robert Baines has set a further hearing for June 27.
Rumors began circulating this past weekend that a house in the 800 block of West Main Avenue near schools, the library and parks was under consideration as a release site for the castrated child molester. The information triggered a wave of calls to city hall, the police department and the media from neighbors trying to ascertain the truth.
Judge Baines met for 45 minutes in chambers Wednesday morning with DeVries’ attorney, the Department of Mental Health and, as a courtesy, the City of San Jose and Morgan Hill officials. Baines then announced to a courtroom full of concerned Morgan Hill citizens, officials and reporters that no location had been agreed upon.
DeVries currently resides in the Atascadero State Mental Facility where he is labeled a sexually violent predator. He was convicted of molesting an 8-year-old boy in 1994 and had been previously convicted in several other states, starting in 1978. In August 2002, DeVries was castrated and fulfilled a program for sexually violent predators.
Baines is questioning the need to limit the search for a location to Santa Clara County. He wants to broaden the scope of the search to throughout California.
“The statute does not limit the location to the county, though it has been the department’s policy to do so,” Baines said.
Susan King, the attorney for the Department of Mental Health, objected to that.
“Our purpose is not to dump or locate (these people) where they have no connection to the community,” King said.
Baines said he understood the concerns, but thinks it’s appropriate for the department to look at all appropriate positions.
DeVries’ attorney Brian Mathews said, “I’m increasingly concerned with the continued incarceration of Brian that is (infringing) upon his rights.”
Mathews also asked for an unconditional release for his client.
The judge later addressed the public. He said he can’t totally control where DeVries eventually ends up, but promised no final decision will be made without notifying local law enforcement and public officials.
“The public will know long before a decision will be made,” Baines said.
Mathews’ concerns are becoming ever more pressing and the judge himself is troubled with the time frame. DeVries has been incarcerated for seven months past the time the staff at the Atascadero Mental Health Facility for the Criminally Insane said they could do no more for him.
DeVries is now being held involuntarily without treatment and this is unconstitutional, Mathews said.
Morgan Hill Councilman Larry Carr, who lives near the West Main address, attended Wednesday’s hearing. He said he was not relieved by the morning’s events.
“(Locating him in Morgan Hill) hasn’t been ruled out,” Carr said, adding that he was encouraged the search will be broadened.
“I hope they will find a less- or non-populated area, a less family-populated area than Morgan Hill,” Carr said.
Carr, responding to comments by King that the department prefers to release people to familiar surroundings, said, “Where is DeVries’ family? Certainly not in Morgan Hill. He has no connection to Morgan Hill.”
City Attorney Helene Leichter said after the session in chambers Wednesday that she and the council are concerned because neither the city nor the police department was notified of DeVries’ release.
“(The Department of Mental Health) can enter into a lease and then submit it to the court for the court’s review before notifying city and police officials or the public,” said Leichter.
Baines assured the public that it would be notified before a final destination was chosen.
Lt. Terrie Booten of the Morgan Hill Police said she was encouraged to hear that Morgan Hill was not targeted as the location. In response to the large turnout of Morgan Hill citizens, Booten said, “It was great, the voice of the people needs to be heard. When concerned citizens and police department come together to support an issue that makes for a stronger community.”
The June 27 hearing will be in the courtroom of Superior Court Judge Robert Baines, Dept. 1, 191 North First St., San Jose.
