07-05-2011, 08:50 PM
(This post was last modified: 07-05-2011, 08:52 PM by PonderThis. Edited 1 time in total.)
http://www.oregonlive.com/clackamascount...ors_s.html
Excerpt: "An 88-year-old man whose history of serious sex crimes began before the attack on Pearl Harbor was recently transferred from the state mental hospital to a Corvallis-area group home.
Clackamas County prosecutors who handled the case of Louis Alfred Nemnich didn't want the repeat sex offender released from the Oregon State Hospital, but they had no say in the decision.
"We can look at his record and know all we need to know about how dangerous he is," said Chief Deputy District Attorney Greg Horner. "Our concern is that the decision may not have prioritized public safety. We don't know what factors they considered."
Police described Nemnich in 2005 as a "high-risk sexual predator" with five rape convictions in three states. His victims were listed as adult hitchhikers, prostitutes and strangers. Nemnich was first convicted of sexual assault in South Dakota in 1940 and has spent half his life in prison for violent sex crimes.
State officials said they are required to put Nemnich in the least restrictive setting that meets his mental health needs but still protects the public.
When a patient "no longer needs a high level of care ... a transition to the community (is made) as quickly as possible," said Jane-ellen Weidanz of the Oregon Health Authority's adult mental health services division.
Weidanz said privacy laws prohibit her from discussing Nemnich's case. She said he lives in a three-patient group home where staff members are on duty round-the-clock and there are alarms on all doors and windows.
Horner also said he was concerned that Nemnich's most recent victim was not notified of his release.
Weidanz said, "We're not allowed to notify anyone" because of federal privacy law.
osp.JPGView full sizeJamie Francis/The Oregonian/fileOregon State Hospital in Salem
Nemnich was charged in 2005 with abducting a woman and attempting to strangle her with a rope. At the time, he was on parole for rape. He drove the woman to a remote U.S. Forest Service road in the Estacada area. She fought him off and hid until a passing driver took her to safety.
Nemnich fled Oregon and was captured in Wyoming. His attorney questioned whether Nemnich was mentally competent to stand trial. After several evaluations at the Oregon State Hospital, a doctor concluded Nemnich was unable to assist in his own defense.
The case was dismissed because of Nemnich's incompetency, but he was confined to the state hospital because of his severe mental impairment. Nemnich still could be prosecuted for attempted murder if he was ruled competent.
In a 2008 court filing, Clackamas County prosecutor Christine Landers said there were signs that Nemnich was "likely intentionally exaggerating his symptoms in an effort to manipulate the criminal justice system into dismissing his case."
"The state is extremely concerned that if (Nemnich) is released, he will re-offend and seriously injure or murder a woman who does not suspect that he is capable of the level of violence that he has committed in the past," she said.
Excerpt: "An 88-year-old man whose history of serious sex crimes began before the attack on Pearl Harbor was recently transferred from the state mental hospital to a Corvallis-area group home.
Clackamas County prosecutors who handled the case of Louis Alfred Nemnich didn't want the repeat sex offender released from the Oregon State Hospital, but they had no say in the decision.
"We can look at his record and know all we need to know about how dangerous he is," said Chief Deputy District Attorney Greg Horner. "Our concern is that the decision may not have prioritized public safety. We don't know what factors they considered."
Police described Nemnich in 2005 as a "high-risk sexual predator" with five rape convictions in three states. His victims were listed as adult hitchhikers, prostitutes and strangers. Nemnich was first convicted of sexual assault in South Dakota in 1940 and has spent half his life in prison for violent sex crimes.
State officials said they are required to put Nemnich in the least restrictive setting that meets his mental health needs but still protects the public.
When a patient "no longer needs a high level of care ... a transition to the community (is made) as quickly as possible," said Jane-ellen Weidanz of the Oregon Health Authority's adult mental health services division.
Weidanz said privacy laws prohibit her from discussing Nemnich's case. She said he lives in a three-patient group home where staff members are on duty round-the-clock and there are alarms on all doors and windows.
Horner also said he was concerned that Nemnich's most recent victim was not notified of his release.
Weidanz said, "We're not allowed to notify anyone" because of federal privacy law.
osp.JPGView full sizeJamie Francis/The Oregonian/fileOregon State Hospital in Salem
Nemnich was charged in 2005 with abducting a woman and attempting to strangle her with a rope. At the time, he was on parole for rape. He drove the woman to a remote U.S. Forest Service road in the Estacada area. She fought him off and hid until a passing driver took her to safety.
Nemnich fled Oregon and was captured in Wyoming. His attorney questioned whether Nemnich was mentally competent to stand trial. After several evaluations at the Oregon State Hospital, a doctor concluded Nemnich was unable to assist in his own defense.
The case was dismissed because of Nemnich's incompetency, but he was confined to the state hospital because of his severe mental impairment. Nemnich still could be prosecuted for attempted murder if he was ruled competent.
In a 2008 court filing, Clackamas County prosecutor Christine Landers said there were signs that Nemnich was "likely intentionally exaggerating his symptoms in an effort to manipulate the criminal justice system into dismissing his case."
"The state is extremely concerned that if (Nemnich) is released, he will re-offend and seriously injure or murder a woman who does not suspect that he is capable of the level of violence that he has committed in the past," she said.