Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Detention of West

Court of Appeals of Iowa

August 15, 2018

IN RE THE DETENTION OF CORY BLAKE WEST, CORY BLAKE WEST, Respondent-Appellant.

          Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.

         Cory West appeals from the jury verdict finding that his mental abnormality has not changed such that he is suitable for discharge from civil commitment as a sexually violent predator.

          Jason Dunn of State Public Defender's Office, Sioux City, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee State.

          Considered by Danilson, C.J., Vogel, J., and Scott, S.J. [*]

          DANILSON, CHIEF JUDGE.

         Cory West appeals from the jury verdict finding that his mental abnormality has not changed such that he is suitable for discharge from civil commitment as a sexually violent predator. Because there is substantial evidence from which the jury could find West was not suitable for discharge from civil commitment, we affirm.

         On September 1, 2011, a jury found West was a sexually violent predator (SVP) as defined by Iowa Code chapter 229A.[1] In re Det. of West, No. 11-1545, 2013 WL 988815, at *1 (Iowa Ct. App. Mar. 13, 2013) (affirming SVP finding). Pursuant to that finding, West was confined at the Civil Commitment Unit for Sex Offenders (CCUSO).

         West progressed through the CCUSO programming and moved to transitional release in 2013, [2] working at a food processing plant. In the summer of 2014, West was harassed at work. Several days later, he cut off his ankle monitor, purchased a plane ticket, and flew to Oklahoma. Once there, he checked into a hotel. He registered as a sex offender and was arrested four days later. Upon his return to Iowa, West restarted the CCUSO programming.

         In July 2016, West was identified as a person who might benefit from counseling with a trauma group conducted by psychologist, Dr. Jane Daniel. During group counseling, West reported he was having night terrors related to the 2014 harassment:

What he reported to me was that . . . in 2014 in the summer, . . . he was assaulted in his place of employment by a coworker, slash, supervisor type person. And the person attempted or threatened sexual assault in the shower, and then threatened physical assault with a knife immediately following that.

         In August, West also began individual counseling with Dr. Daniel, with whom he met eighteen times over the next several months.

         At the CCUSO, West reached Phase IV, Level 5, the highest level of privileges prior to transitional release. He has remained at that level for eighteen months and seeks discharge.

         On December 5, 2016, an annual-review hearing was held.[3] The district court "acknowledged [receipt of] the November 28th annual report of Dr. Richard B. Krueger, which counsel agree is relevant and reliable evidence to rebut the presumption of continued commitment such that it would lead a reasonable person to believe a final hearing should be held." The district court scheduled a final hearing on West's request for discharge.

         A jury trial was held on March 21-23, 2017. Dr. Anna Salter, the State's expert witness, testified she believed West continued to suffer from a mental abnormality that made him more likely than not to engage in another sexually predatory act. Dr. Salter consulted West's permanent file, his CCUSO notes, and his records. She also interviewed him and scored him with the Static-99R actuarial instrument. Dr. Salter stated West was diagnosed with a paraphilic disorder not otherwise specified (NOS), arousal to non-consenting partners. In Dr. Salter's interview with West, West acknowledged a past practice of "taking advantage of women" and "choosing to have nonconsensual sex." He acknowledged deriving enjoyment from "being able to manipulate [women] into something I wanted them to do, which was still nonconsensual." Dr. Salter found these statements were consistent with his prior diagnosis of paraphilia NOS-non-consent.

         Dr. Salter opined West remained more likely than not to commit another sexual offense if released. Dr. Salter scored West a four on the Static-99R. Using "high risk" actuarial norms, she found West was a member of a group of which 27.3 percent were caught for a new offense within the first ten years of release, or almost twice as likely to reoffend and be caught as the average sex offender. She testified that though the Static-99R was a valuable and widely-used tool, it was incomplete as it only provided a statistical likelihood of re-offense and arrest. She noted rapes and sexual assaults are underreported. Moreover, Dr. Salter observed the Static-99R provides statistical analysis for five and ten-year sample sizes and does not assess an individual's lifetime chances for offense as Iowa Code section 229A.2(5) inquires. In addition, because the Static-99R examines "static" factors of an individual's makeup, the instrument does not examine "dynamic" factors such as changes in an individual through therapy and conditioning. Thus, Dr. Salter also evaluated a number of dynamic factors to assess West's likelihood of re-offense-including sexualized ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.