ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, December 11, 1996 TAG: 9612110048
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
DATELINE: WASHINGTON
The only way to ensure that convicted child sex offender Leroy Hendricks doesn't strike again, he has said, is for him to die.
Short of that, even his lawyer admitted there's ``no doubt'' Hendricks is a serious risk to molest children again.
But Hendricks has served his prison time for his crimes and, despite the risk, should be a free man, attorney Thomas Weilert told the Supreme Court on Tuesday in a case that tests how far states can go to protect citizens from sexual predators.
``What's a state supposed to do - wait until he goes out and does it again?'' Chief Justice William Rehnquist asked Weilert.
Officials in Kansas didn't think so. When it was time for Hendricks' release from prison, they sought to confine him to a state mental facility under the state's Sexually Violent Predator Act.
The act authorizes the state to seek the confinement of a person who has been convicted of a sexually violent crime, has a mental abnormality and is likely to commit another sexually violent act. Hendricks, who has been convicted five times for molesting children, fits the definition, the state said.
But Hendricks' lawyer said the law is unconstitutional for several reasons, including that the state is trying to punish Hendricks twice for the same crime.
But some justices, as they wrestled with Hendricks' constitutional rights, seemed particularly concerned by the real-world impact their decision would have.
``There's no question this man is very likely to commit crimes against children?'' Justice Sandra Day O'Connor asked Weilert, who acknowledged the possibility.
Weilert said the state could impose more stringent conditions on parole or order Hendricks to stay away from children.
- Knight-Ridder/Tribune
LENGTH: Short : 44 linesby CNB