Hollister
– Twelve jurors will decide if a San Jose man – incarcerated in
a state hospital for sexual predators after being convicted of
trying to abduct a 5-year-old Hollister girl in 1994 – should be
released this month.
Hollister – Twelve jurors will decide if a San Jose man – incarcerated in a state hospital for sexual predators after being convicted of trying to abduct a 5-year-old Hollister girl in 1994 – should be released this month.
Lance Purcell, dressed in a suit and tie, appeared at the San Benito Superior Court Monday to watch the jury selection. Purcell, 59, did not speak during the daylong selection process, but took notes while sitting by his attorney, George Barton.
A pool of 82 prospective jurors was whittled down slightly after nearly seven hours of questioning from Barton and Deputy District Attorney Candice Hooper Mancino in the sweltering courtroom. However, a final jury has yet to be selected. The vior dire process will continue Tuesday and testimony is expected to begin on Wednesday, Barton said.
Purcell’s trial is expected to last three or four days, according to San Benito County Superior Court Judge Steven Sanders. The trial will consist mainly of expert testimony, according to San Benito County District Attorney John Sarsfield.
In 1994, Purcell was convicted of attempting to kidnap a 5-year-old girl from in front of her home on Sunnyslope Road. Purcell was sentenced to 16 years in state prison because of his multiple prior convictions, which include, rape, molestation and assault with a deadly weapon in Santa Cruz and Santa Clara counties dating back to the 1960s.
Under the sexual predator program, a jury can evaluate offenders every two years and determine whether they meet the criteria to be released back into society. Patients have the right to a jury trial, but can waive that right if they choose. If a patient is found to have qualifying prior convictions, is diagnosed with a mental disorder and is likely to commit violent sexual crimes, the law states that he should not be released.
If released, Purcell would not be supervised, but would be required to register as a sex offender, according to state law. Barton said that if released, Purcell would move to Washington to live with his mother. He would not stay in San Benito County, Barton said.
The jury would have to unanimously conclude that Purcell continues to suffer from a mental condition in order to keep him in a state hospital, Barton said. In 2004, the last time Purcell was up for re-evaluation, a jury recommitted him to treatment at a state hospital.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
