In the Matter of the CIVIL COMMITMENT OF Gary George SPICER

853 N.W.2d 803, 2014 WL 4056029, 2014 Minn. App. LEXIS 75
CourtCourt of Appeals of Minnesota
DecidedAugust 18, 2014
DocketA13-2120
StatusPublished
Cited by17 cases

This text of 853 N.W.2d 803 (In the Matter of the CIVIL COMMITMENT OF Gary George SPICER) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the CIVIL COMMITMENT OF Gary George SPICER, 853 N.W.2d 803, 2014 WL 4056029, 2014 Minn. App. LEXIS 75 (Mich. Ct. App. 2014).

Opinion

*806 OPINION

JOHNSON, Judge.

The district court granted a petition to civilly commit Gary George Spicer as a sexually dangerous person (SDP) and a sexual psychopathic personality (SPP). On appeal, Spicer primarily challenges the district court’s findings of fact with respect to both of the legal bases of his commitment. We conclude that the district court’s findings lack particularity and do not adequately demonstrate the district court’s consideration of the factors relevant to determining whether Spicer satisfies the criteria for commitment as an SDP or an SPP. We also conclude that the district court did not err with respect to an issue concerning the admissibility of the evidence. Therefore, we affirm in part, reverse in part, and remand for further findings and for further consideration of the applicable legal issues.

FACTS

Spicer is a 50-year-old man whose civil commitment is based in significant part on three prior convictions of criminal sexual conduct.

In 2005, Spicer pleaded guilty in Sher-burne County to one count of fifth-degree criminal sexual conduct based on his admission that he sexually assaulted a stepdaughter, R.S., in 2004, when she was 19 years old, and one count of attempted fifth-degree criminal sexual conduct based on his admission that he attempted to sexually assault a friend of T.S., another stepdaughter, in 2004, when she was 15 years old. The district court pronounced sentences of one year of imprisonment and 180 days of imprisonment, respectively, but stayed imposition of the sentences and placed Spicer on probation. As conditions of his probation, the district court ordered Spicer to complete a sex-offender treatment program and to refrain from any unsupervised contact with girls.

In 2012, Spicer pleaded guilty in Sher-burne County to one count of fourth-degree criminal sexual conduct based on his admission that he sexually assaulted another step-daughter, E.R., in 2011, when she was 22 years old. The district court imposed an executed sentence of 24 months of imprisonment and ordered that Spicer be evaluated for civil commitment before his release from prison.

Spicer’s civil commitment also is based, in part, on multiple incidents of sexual misconduct that did not result in criminal prosecution. Spicer disclosed information about these incidents during sex-offender treatment and testified about them at trial. According to his own testimony, Spicer engaged in sexual contact with T.S. on 10 to 20 occasions when she was between two and four years old. He did so by placing his penis in her mouth, ejaculating onto her face, touching her vagina with his penis, and touching her vagina with his mouth. Spicer also engaged in sexual contact with R.S. on approximately five occasions starting in 1990, when she was five years old, and on six occasions throughout her teen years, in addition to the sexual assault of R.S. for which he was criminally prosecuted. Spicer also engaged in sexual contact with another 15-year-old friend of T.S. in 2004 by repeatedly touching her breasts.

In January 2013, Sherburne County petitioned the district court to civilly commit Spicer as an SDP and an SPP. The district court appointed two psychologists, Thomas Alberg, Ph.D., and Mary Kenning, Ph.D. The county retained Peter Marston, Ph.D., as an expert witness. Each psychologist submitted a written report before trial. Dr. Alberg and Dr. Marston opined that Spicer satisfies the criteria for commitment both as an SDP and an SPP. Dr. Kenning, however, opined that Spicer does not satisfy the criteria for commitment as *807 an SDP. Dr. Kenning did not offer an opinion as to whether Spicer satisfies the criteria for commitment as an SPP.

A four-day trial was held in May 2018. The district court heard testimony from the three psychologists, Spicer, his former wife, and his intensive-supervised-release agent. In September 2018, the district court issued a 79-page order in which it concluded that Spicer satisfies the criteria for commitment as both an SDP and an SPP, granted the county’s petition, and ordered that Spicer be committed indefinitely to the custody of the commissioner of human services. In October 2013, Spi-cer moved for a new trial, seeking more particular findings; the district court denied the motion. Spicer appeals.

ISSUES

I. Did the district court err by concluding that Spicer is an SDP?

II. Did the district court err by concluding that Spicer is an SPP?

III. Did the district court err by allowing the county to bring one of the victims of Spicer’s criminal sexual conduct into the courtroom so that the district court could observe her?

ANALYSIS

I.

Spicer argues that the district court erred by concluding that he satisfies the criteria for commitment as an SDP.

The county has the burden of proving the necessary facts by clear and convincing evidence. Minn.Stat. §§ 253B.18, subd. 1(a), .185, subd. 1(a) (2012). On appeal, this court applies a clear-error standard of review to the district court’s findings of fact and reviews the record in the light most favorable to the findings of fact. Minn. R. Civ. P. 52.01; In re Joelson, 385 N.W.2d 810, 811 (Minn.1986); In re Civil Commitment of Navratil, 799 N.W.2d 643, 647 (Minn.App.2011), review denied (Minn. Aug. 24, 2011). We apply a de novo standard of review to the question whether the facts found by the district court satisfy the statutory criteria for commitment, which is a question of law. In re Linehan, 518 N.W.2d 609, 613 (Minn.1994) (Linehan I).

A.
A person is an SDP if he:
(1) has engaged in a course of harmful sexual conduct as defined in [section 253B.02,] subdivision 7a;
(2) has manifested a sexual, personality, or other mental disorder or dysfunction; and
(3) as a result, is likely to engage in acts of harmful sexual conduct as defined in subdivision 7a.

Minn.Stat. § 253B.02, subd. 18c(a) (2012). The third statutory requirement is satisfied if a person is “highly likely” to reof-fend by engaging in acts of harmful sexual conduct in the future. In re Civil Commitment of Ince, 847 N.W.2d 13, 22 (Minn. 2014).

In this case, Spicer does not challenge the district court’s findings with respect to the first and second requirements of the SDP statute. He argues only that the district court erred with respect to the third requirement by finding that he is highly likely to reoffend. To determine whether a person is highly likely to reof-fend, a district court must engage in a “multi-factor analysis.” Id. at 23.

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Bluebook (online)
853 N.W.2d 803, 2014 WL 4056029, 2014 Minn. App. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-civil-commitment-of-gary-george-spicer-minnctapp-2014.