CA- Jury must decide whether to release state's oldest juvenile inmate, 36

4-18-2009 California:

SANTA CRUZ — A judge Friday determined a trial should be held before a man who drowned and was accused of sodomizing a toddler in a bathtub more than two decades ago should be released from the state Division of Juvenile Justice.

And now jurors will decide whether the oldest inmate in the juvenile justice system remains a danger to society.

Donald Gerald Schmidt, 36, was a 16-year-old Fremont runaway high on methamphetamine when he murdered the 3-year-old child in 1988. Schmidt had been visiting the child's older sister at their Lompico home, when he sodomized the child and then put her head under water to stop her screams.

He was convicted of murder and sodomy, and the sodomy conviction was later overturned.

Juveniles typically remain in custody until age 25, but in unusual cases, they can be held longer if deemed a danger to society. Prosecutors have fought his release since 1997.

Judge Robert Atack set trial for April 27. If deemed still a danger, he would be held for two more years.

(eAdvocate Post)

Friday, psychologist Richard Starrett testified that Schmidt is a pedophile and sexual sadist with a history of drug abuse and depression. Society would be at high risk if he were released, he said.

Starrett interviewed Schmidt, reviewed seven volumes of his records and administered several psychological tests designed to gauge tendencies toward general and sexual violence and recidivism, he said.

Schmidt denied he was a pedophile, but admitted to the crimes and to being a sexual sadist, Starrett said.

"The victim suffered tremendously," he said. "And (Schmidt) admitted later he got pleasure out of the victim's suffering."

Schimdt suffers from nightmares and flashbacks from his childhood, Starrett testified, and has tried to kill himself in the past. He was abused by at least one father figure, his attorney said.

He explained why he killed the child, Starrett said.

"He said he wanted someone to feel the degradation he had felt from being molested in the past," he testified.

Defense attorney Bill Weigel argued that Schmidt has been off drugs for years and has become an exemplary inmate, working as a painter and earning a high school diploma and college credits. An employer has offered to help him find a painting job in Riverside County if he were released, he said.

His entire treatment team recommends he be released, Weigel said.

And while Starrett admitted Schmidt has made much progress in treatment, he said he believes he has little or no family or community support and no "solid parole plans."

Outside the courtroom, Weigel said he believes Schmidt has a strong case.

Prosecutor Rob Wade said Schmidt still has the potential to commit violent crimes. ..News Source.. by Cathy Kelly, MediaNews staff