Matter of Clements

440 N.W.2d 133, 1989 Minn. App. LEXIS 618, 1989 WL 52730
CourtCourt of Appeals of Minnesota
DecidedMay 23, 1989
DocketCO-89-138
StatusPublished
Cited by8 cases

This text of 440 N.W.2d 133 (Matter of Clements) 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
Matter of Clements, 440 N.W.2d 133, 1989 Minn. App. LEXIS 618, 1989 WL 52730 (Mich. Ct. App. 1989).

Opinions

OPINION

FOLEY, Judge.

Wayne Patrick Clements appeals from an order continuing his commitment as a psychopathic personality. We affirm.

FACTS

In April 1988, Clements was committed to the Minnesota Security Hospital as a psychopathic personality. Clements appealed his commitment to this court, and we affirmed by an unpublished opinion. In re Clements, No. CX-88-1058, 1988 WL 75547 (Minn.Ct.App. July 26, 1988).

On August 19, 1988, the district court conducted a 60-day review hearing on the issue whether Clements’ commitment as a psychopathic personality should be indefinitely continued. See Minn.Stat. § 253B.18, subds. 2, 3 (1988). Four experts testified at the hearing. Dr. Roger C. Sweet, a licensed consulting psychologist, testified as the court-appointed examiner. Dr. Sweet had also testified as the court’s examiner at Clements’ initial commitment hearing.

Clements’ attorney objected to Dr. Sweet’s qualifications, claiming he did not have the requisite expertise in the area of serious adult sexual offenders. Dr. Sweet admitted that he had no specific training in the area of violent sexual offenders, and that he had no prior experience treating persons with psychopathic personalities. He indicated, however, that in the past he has worked with violent adolescent sex offenders. He currently practices in the diagnosis and treatment of mental illness, and has served on the panel of court-appointed examiners for Hennepin County District Court for approximately eight years.

The district court overruled Clements’ objection to Dr. Sweet’s qualifications and allowed the doctor to testify. Dr. Sweet stated that he reviewed Clements’ treatment records and interviewed him in June 1988 to determine whether he continued to meet the criteria for a psychopathic personality. Dr. Sweet testified that there had been no particular changes since Clements’ initial commitment, and that his condition basically remained the same.

Dr. Sweet testified that Clements continued to be emotionally unstable, continued to lack customary standards of good judgment, and failed to appreciate the consequences of his actions, rendering him irresponsible for his conduct with respect to sexual matters and dangerous to other persons.

Dr. Sweet explained that Clements' last two offenses before his commitment supported his conclusion that Clements is dangerous and that his behavior is escalating. Dr. Sweet stated that while an exhibitionist will usually expose himself at a relatively safe distance and leave the scene upon receiving the desired response, Clements did not do that during the last two incidents before his commitment:

Those particular incidents of exposure were qualitatively different than other examples of exposure he engaged in. They were direct confrontations with victims and in one instance he made physical contact with the victim. That’s dramatically different than * * * most of his previous exhibitionistic behavior and dramatically different than the behavior of most exhibitionists.

While Dr. Sweet admitted that Clements had not engaged in any dangerous behavior since those last two incidents, he noted that Clements had been confined in structured treatment settings.

[135]*135Richard Seely, the Director of the Intensive Treatment Program for Sexual Ag-gressives (ITPSA) at the Minnesota Security Hospital, testified that he did not recommend commitment as a psychopathic personality. Seely testified that he and the ITPSA treatment team did not believe Clements was dangerous “except in a speculative kind of way”. According to Seely, Clements was not completely emotionally stable, but the ITPSA team did not believe his judgment rendered him incapable of understanding the consequences of his behavior. Seely also speculated that if involuntarily committed to the ITPSA program, Clements would probably be unable to participate in treatment for very long.

Douglas Fox, a licensed psychologist at the Minnesota Security Hospital and a member of Clements’ treatment team, testified on Clements’ behalf. Fox had also testified at Clements’ initial commitment hearing and had not supported the petition for commitment as a psychopathic personality.

At the hearing on Clements’ continued commitment, Fox testified that the treatment team did not support continued commitment as a psychopathic personality because the team did not believe Clements’ past conduct was dangerous. Fox explained that Clements had not seriously harmed anyone in the past, and the team could not actually predict that he would harm anyone in the near future. Fox also stated that Clements seems to appreciate the consequences of his acts and has some control over his behavior.

Fox recommended that Clements receive treatment for his exhibitionism through the ITPSA program and admitted that if left to his own devices, Clements would probably not continue voluntary treatment.

Dr. James Jacobson, a psychologist in private practice, had also testified at the initial hearing on Clements’ commitment, stating that Clements exhibited the “least amount of control” over his exposing and masturbating, but had control over some of his fantasies. At the hearing on Clements’ continued commitment, Jacobson testified that he had seen Clements since his commitment and had ■ reviewed Clements’ records. Jacobson testified that he did not believe Clements fit the statutory definition of a psychopathic personality because he had not actually harmed anyone and did not intend to harm anyone.

Following the hearing, the trial court issued its findings of fact and conclusions of law, determining that Clements met the definition of a psychopathic personality and should be committed to the Minnesota Security Hospital for an indeterminate period of time. The court’s decision was based in part upon a finding that “[ljittle if anything, about [Clements’] condition has changed during the four months between his commitment and this hearing date.”

Clements has appealed from the court’s order, arguing that the evidence was insufficient to sustain the court’s determination that he is a psychopathic personality.

ISSUES

1. Did the trial court abuse its discretion by concluding Dr. Sweet was qualified to testify as an examiner?

2. Does the record support the trial court’s determination that Clements is a psychopathic personality requiring indeterminate commitment?

ANALYSIS

1. Clements challenges Dr. Sweet’s qualifications as an examiner. We stated in In re Harhut, 367 N.W.2d 628 (Minn.Ct. App.1985), pet. for rev. denied (Minn. June 27, 1985):

“The sufficiency of the foundation to qualify a witness as an expert is almost entirely within the trial court’s discretion.”

Id. at 632 (quoting In re Guardianship of Glenn, 363 N.W.2d 348, 350 (Minn.Ct.App. 1985)). Citing Harhut, we stated in In re Dibley, 400 N.W.2d 186 (Minn.Ct.App. 1987), pet. for rev. denied (Minn. March 25, 1987):

Objections to an examiner on grounds of inadequate experience treating patients similar to the proposed patient are “more [136]

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Related

In Re Blodgett
510 N.W.2d 910 (Supreme Court of Minnesota, 1994)
In Re Rodriguez
506 N.W.2d 660 (Court of Appeals of Minnesota, 1993)
In Re Stilinovich
479 N.W.2d 731 (Court of Appeals of Minnesota, 1992)
Matter of Clements
440 N.W.2d 133 (Court of Appeals of Minnesota, 1989)

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Bluebook (online)
440 N.W.2d 133, 1989 Minn. App. LEXIS 618, 1989 WL 52730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-clements-minnctapp-1989.