Lance Purcell, who has been incarcerated in a state hospital for
sexual predators after being convicted of attempting to abduct a
5-year-old Hollister girl, is being reevaluated for release and
could be set free into San Benito County.
Lance Purcell, who has been incarcerated in a state hospital for sexual predators after being convicted of attempting to abduct a 5-year-old Hollister girl, is being reevaluated for release and could be set free into San Benito County. Arguments in a jury trial at the San Benito County Courthouse began Wednesday to decide whether Purcell, 57, who has been an inmate in the sexually violent predator treatment program at Atascadero State Hospital in San Luis Obispo County for the past three years, is ready to be released from the program.
If Purcell is released, Chief Deputy District Attorney Candice Hooper believes the community could be at risk and presented the jury with expert witnesses who agreed on Wednesday. But Purcell’s attorney, George Barton, believes he is recovered, is remorseful about his crimes and would most likely live with family in Santa Clara County if a jury decides not to recommit him.
Under the sexual predator program, every two years a jury can evaluate offenders and determine whether they meet the criteria to be released back into society. If a prisoner is found to have qualifying prior convictions, is diagnosed with a mental disorder and is likely to re-offend, the law states that he should not be released back into society.
Hooper believes Purcell meets all these criteria.
“His evaluation states that he qualifies as a sexually violent predator and society is not safe in having him released,” she said. “I believe he is very likely to re-offend.”
In 1994, Purcell was convicted for attempting to abduct a 5-year-old girl from in front of her home on Sunnyslope Road. Because of his multiple prior convictions including rape, molestation and assault with a deadly weapon in Santa Cruz and Santa Clara counties dating back to the 1960s, Purcell was sentenced to 16 years in state prison, according to court documents.
Purcell entered Atascadero in 2001 for treatment for a mental disorder that predisposed him to committing sexually violent acts, Barton said. He was eligible for evaluation by a jury at that time, but waived his right so he could receive treatment, he said.
Now he is eligible for reevaluation again, and Purcell believes he is no longer a threat to society and no longer qualifies as a sexually violent predator, Barton said.
“Mr. Purcell does no longer suffer from the diagnosed mental condition,” Barton said. “He has glowing reports from doctors at Atascadero State Hospital.”
After spending time with Purcell and reviewing all the evidence in the case, Barton believes Purcell does not pose a threat to women or children.
“I would not fear my god-daughter being in his presence,” Barton said. “But I, like anybody that’s around children, am always protective and they shouldn’t be around anybody that’s a stranger. But I don’t think that on the whole, especially with the conditions they put on Mr. Purcell, that he’s a danger anymore.”
If released, Purcell would have a long list of parole conditions to adhere to, such as an 8 p.m. curfew, no contact with any children whatsoever, and he would have to wear a tracking device at all times, Barton said.
As an expert witness for the prosecution, Hooper called Dr. Robert Owen to testify to Purcell’s continued mental disorder Wednesday. Owen was hired by the Department of Mental Health to evaluate Purcell before the commitment evaluation began.
Owen testified to Purcell’s ongoing pedophilia that dated back to 1963, and his continual affinity for rape.
“It is a condition that doesn’t just go away,” Owen said. “He’s turned on by rape – most of us would not be turned on by grabbing a stranger, pulling her into the bushes and raping her.”
For Purcell to be released, all 12 jurors must agree that he does not exhibit any of the criteria that could have him recommitted to the hospital.
Both attorneys hope to have all their testimony in by Friday with a verdict in by Monday, and are hopeful the jury will see things their way.
“If I thought he was ready to be back out in the community, I would not be in trial,” Hooper said. “At this time, he’s not ready.”
Erin Musgrave can be reached at 637-5566, ext. 336 or at
