CA- California Supreme Court rules on right to testify in civil commitment hearings

A issue of first impression, a very rare event. However, it must be remembered that, in a civil commitment trial the issue of "Guilt or Innocent" is not the issue, the issue is, whether or not this person should be civilly committed. Now, will all PAST trials have to be done over?

7-29-2008 California:

A sexually violent predator from San Bernardino faces an indefinite commitment to a state mental hospital despite a state Supreme Court ruling Monday that he should have been allowed to testify in his 2005 trial.

Convicted rapist Tony Lee Allen, 41, who is being held at Coalinga State Hospital, could return to San Bernardino County Superior Court next year for a trial to determine whether he should remain incarcerated.

The U.S. Fifth Amendment gives defendants the absolute right to testify in criminal cases. However, until Monday's ruling, defendants in sexually violent predator cases -- a mental health proceeding instead of a criminal trial -- apparently did not have that right.

"It was unclear until this decision came down," said Christopher Blake, Allen's defense attorney who argued before the high court. "This is the first time this has come forward anywhere in the U.S. that we know of."

Monday's 7-0 decision, binding in California, clearly says defendants in sexually violent predator trials have a right to testify even if their attorneys object.

"It gives these people the right to speak for themselves," Blake said. "It's then up to a jury to decide: Do we believe this guy or not? It's like any other trial we have."

Allen, who has a long criminal record, was sentenced in 1990 to 20 years in prison for two violent rapes. He was released in 2001, but immediately committed to a state mental hospital.

"These were heinous rapes," Deputy District Attorney Camelia Mesrobian said. "This is the dangerous sexually violent predator we fear."

The high court also mentioned Allen's reckless behavior, lack of remorse, mental disorders and cocaine dependency. Medical experts quoted in the opinion said Allen would likely commit more violent crimes if released.

Mesrobian, who specializes in sexual predator prosecutions, said Allen's next trial was on hold pending the Supreme Court's decision. She said it likely would occur next spring.

It will be her fourth trial to determine whether Allen should be released from the mental hospital. The first three, beginning in 2001, each ended with the maximum two-year commitment.

At his 2005 trial, Allen, over the objections of his attorney, wanted to testify in his own defense, the Supreme Court decision said.

Judge Kenneth Ziebarth ruled that Allen could not testify.

Monday's decision said Ziebarth's error was "harmless beyond a reasonable doubt." The justices said Allen's testimony would not have changed the jury's conclusion that Allen was a sexually violent predator.

Allen's latest commitment was scheduled to end in March 2007, but his release was delayed after Mesrobian sought the fourth extension.

This time, Allen faces an undetermined commitment instead of a two-year limit because of voters' approval of Prop. 83, also known as Jessica's Law, in 2006. His release would not be allowed until officials determine he no longer is a danger to the public. ..News Source.. by JOHN F. BERRY, The Press-Enterprise