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In re Detention of Roe

Court of Appeal of Iowa

September 18, 2013

IN RE THE DETENTION OF DANIEL JEROME ROE JR., DANIEL JEROME ROE JR., Respondent-Appellant.

Appeal from the Iowa District Court for Wapello County, Michael J. Schilling, Judge.

Daniel Roe appeals the verdict following a jury trial that he is a sexually violent predator, claiming substantial evidence does not support this finding.

Samuel P. Langholz, State Public Defender, and Thomas J. Gaul, Assistant State Public Defender, Special Defense Unit, for appellant.

Thomas J. Miller, Attorney General, and Linda J. Hines and John McCormally, Assistant Attorneys General, for appellee.

Considered by Vogel, P.J., and Danilson and Tabor, JJ.

VOGEL, P.J.

Daniel Roe appeals the jury's verdict that he is a sexually violent predator. Because we find substantial evidence in the record showing Roe suffers from a mental abnormality that causes him to have difficulty controlling his behavior and is more likely than not to commit a sexually violent offense in the future absent confinement, we affirm the jury's verdict.

Roe was first convicted of second degree sexual assault in 1990, when he was eighteen years old. This offense involved Roe requesting an employee at a lingerie store[1] to model clothes for him, and when she did so, he took out a BB gun and threatened to shoot her unless she performed oral sex. Roe then attempted to perform vaginal and anal intercourse but was unable to maintain an erection. After serving time in prison, his sentence was discharged in 2007. In 2010, Roe pleaded guilty to two counts of assault with intent to commit sexual abuse. In a journal entry written for his sexual offender treatment class, Roe described the encounter in the following manner:

One day, November 13, 2009, to be exact, [the victim] was talking about leaving me and going back with her ex. She was going on about how she was tired about being the other woman, and we just walked around by these public restrooms.
I then grabbed her and forced her into the restroom. I started to hit her repeatedly with my fist. I was bouncing her head off the floor. She broke a tooth and was bleeding pretty good. As she tried to fight back, her pants came down in the back. I knew then that I wanted to penetrate every hole she had.

The victim managed to escape and no sexual act was completed. Additionally, Roe reported another incident in an interview with the State's expert witness, Barry Leavitt, PhD, where, according to Dr. Leavitt:

[Roe] reported a memory of—of beating his girlfriend on one occasion, and on one occasion beating her for no reason at all, I believe were his words, and that during that particular incident he noticed that he became aroused by the sight of blood, and as a result of that, forcibly anally and vaginally raped his girlfriend.

Dr. Leavitt further testified Roe suffers from paraphilia not otherwise specified (NOS), non-consent, as well as alcohol dependence, cannabis dependence, and borderline personality disorder. Dr. Leavitt based his diagnosis on a personal interview with Roe, as well as a review of Roe's medical records. Dr. Leavitt further testified Roe's paraphilia, combined with his alcohol and cannabis addictions, make it very difficult for Roe to control his behavior. Therefore, unless confined to a secure facility, he is more likely than not to commit another sexually violent offense. This opinion was based in part on Roe's own admission that he is afraid, once he is released into the general public that he will continue to drink and use drugs, and thus continue to commit sexually violent crimes.

Dr. Leavitt also employed three actuarial risk assessments to determine whether Roe was likely to reoffend: the Static-99R, the Static-2002R and the MnSOST-R. Each assessment placed Roe in either the high or moderately high risk category to reoffend. Dr. Leavitt further testified there were several aggravating factors that increased Roe's risk to reoffend, that is, Roe's intimacy deficit, ...


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