Commonwealth v. Eiseman

5 Pa. D. & C.5th 534
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedOctober 31, 2008
Docketno. 2007-7702
StatusPublished

This text of 5 Pa. D. & C.5th 534 (Commonwealth v. Eiseman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Eiseman, 5 Pa. D. & C.5th 534 (Pa. Super. Ct. 2008).

Opinion

FINLEY, J.,

FINDINGS OF FACT

(1) On January 7,2008, defendant, Gregory Eiseman, pled guilty to one count of indecent assault person less than 16 years of age and one count of involuntary deviate sexual assault person less than 16 years of age.

(2) The crime occurred on June 21,2007 at defendant’s residence after he and victim had gone together to see a movie.

(3) At the time of the assault, the victim was 15 years of age and the defendant 21.

[536]*536(4) Sentencing was deferred upon the Commonwealth petitioning to have defendant classified as a sexually violent predator (SVP) by the Sexual Offenders Assessment Board (SOAB).

(5) On March 17, 2008, Mr. Dean Dickson M.S., of the SOAB completed an assessment of defendant following a review of defendant’s records, court documents, police reports, school records and psychological/psychiatric reports.

(6) Mr. Dickson diagnosed defendant with antisocial personality disorder (APD) and also determined that defendant met the criteria for classification as a sexually violent predator. N.T. 9/17/08, pp. 14-15.

(7) On September 15, 2008, an SVP classification hearing was held during which Mr. Dickson testified on behalf of the Commonwealth as to his diagnosis that defendant suffers from APD and further opined that this personality disorder predisposed defendant to the commission of sexual crimes.

(8) Mr. Dickson analyzed defendant under the factors set forth in 42 Pa.C.S. §9795.4 of the Sexual Offenders Registration Act in reaching his conclusion and found particularly significant the age of the victim (15) and the fact that they had met online.

(9) After reviewing all the factors required under section 9795.4, including defendant’s prior criminal history, Mr. Dickson concluded that defendant met the criteria for classification as a sexually violent predator.

(10) Defendant presented two witnesses, Eric Weinstein Psy.D., an expert in the diagnosis and treatment of [537]*537mental diseases, and Frank M. Dattilio Ph.D., ABPP, an expert in the assessment and treatment of adult sexual offenders, both of whom had personally evaluated defendant.

(11) Dr. Weinstein, in October 2007 began meeting with defendant and after reviewing various records, interviewing defendant’s family and weekly sessions with defendant, diagnosed defendant with pervasive developmental disorder not otherwise specified (PDD-NOS) and bipolar disorder not otherwise specified.

(12) Dr. Weinstein found symptoms of PDD-NOS in defendant’s cognitive limitations such as difficulty understanding abstract concepts and remembering information, and executive limitations such as an inability to plan, organize and execute goals. N.T. 9/17/08, pp. 96-100; exhibit D-l.

(13) Dr. Weinstein also found defendant lacked a strong understanding of the rules of social interaction and exhibited social anxiety, slow assimilation in social situations, and skill deficits in verbal and nonverbal communication, all characteristics supporting a PDD-NOS diagnosis. N.T. 9/17/08, pp. 96-100; exhibit D-1.

(14) Dr. Weinstein testified that defendant has an adequate understanding of the offense and has changed certain behaviors to reduce the possibility of reoffense, including not using a computer.

(15) Further, and of critical importance, Dr. Weinstein concluded defendant’s diagnoses do not correlate with [538]*538the possibility of reoffense as PDD-NOS and bipolar disorder do not increase the likelihood of recidivism. N.T. 9/17/08, pp. 102-103.

(16) Dr. Frank M. Dattilio was also presented by the defense as an expert in the assessment and treatment of adult sexual offenders.

(17) Dr. Dattilio evaluated defendant on two separate occasions, May 27 and June 16, 2008, administering a battery of psychological tests.

(18) After reviewing the test results together with his review of defendant’s records, history and his own interviews, Dr. Dattilio concluded that defendant suffers from PDD-NOS and bipolar as had previously been diagnosed by defendant’s treating doctors including Dr. Weinstein. N.T. 9/17/08, p. 152.

(19) Dr. Dattilio testified that defendant exhibited delays in developmental milestones, qualitative impairment in social interactions and interpersonal skills because of his impediments, lack of solid peer relationships appropriate to a developmental level, poor social and emotional reciprocity, poor communication skills, and low self-esteem/self-worth, all characteristics supporting PDD-NOS. N.T. 9/17/08, pp. 142-46; exhibit D-4.

(20) The psychological tests performed by Dr. Dattilio showed defendant has a permanent and pervasive disorder that falls within the autism spectrum and as a result, defendant functions at the level of an adolescent and tends to be primitive in his thinking. N.T. 9/17/08, p. 162; exhibit D-4.

[539]*539(21)Defendant had never been diagnosed with, or treated for, a conduct disorder prior to Mr. Dickson’s finding.1

(22) Dr. Dattilio found Mr. Dickson’s APD diagnosis to be incorrect because defendant did not have a conduct disorder by age 15 as required for a diagnosis. N.T. 9/17/08, pp. 161, 166-67.

(23) Dr. Dattilio also testified as to defendant’s likelihood of engaging in predatory behavior, opining that defendant did not display the element of specific intent to engage in predatory behavior or act with the specific intent of initiating a relationship with the victim for the purpose of victimization. N.T. 9/17/08, p. 171.

(24)Dr. Dattilio analyzed defendant’s conduct under the statutory factors, finding defendant’s behavior to be the result of the PDD-NOS and concluded within a reasonable degree of medical certainty defendant did not meet the criteria for S VP classification. N.T. 9/17/08, pp. 170-74.

CONCLUSIONS OF LAW

(1) The defendant pled guilty to one count of indecent assault and one count of involuntary deviate sexual intercourse, both counts involving a victim less than 16 years of age and are crimes enumerated under 42 Pa.C.S. §9795.1.

[540]*540(2) The Commonwealth bears the burden of establishing the defendant suffers from a mental abnormality that makes the defendant likely to engage in predatory sexually violent offenses.

(3) This court finds that the Commonwealth has failed to establish by clear and convincing evidence that defendant suffers from a mental abnormality that makes him likely to reoffend in an offense of this nature.

(4) Defendant shall not be classified as a sexually violent predator.

DISCUSSION

Under Megan’s Law II, when a defendant is convicted of one of the offenses enumerated in the statute, a trial court must defer sentencing and order the Sexual Offenders Assessment Board (SOAB) to assess whether the individual should be classified as a sexually violent predator for sentencing purposes.

SVP classification carries with it serious, lifelong repercussions with the potential to place an individual’s relationships, liberty and life in jeopardy, and thus, classification requires the court’s subjective assessment of an offender’s potential future dangerousness. See Commonwealth v. Williams, 557 Pa.

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Related

Commonwealth v. Dengler
843 A.2d 1241 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Bey
841 A.2d 562 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Williams
733 A.2d 593 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Geiter
929 A.2d 648 (Superior Court of Pennsylvania, 2007)

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Bluebook (online)
5 Pa. D. & C.5th 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-eiseman-pactcomplbucks-2008.