The Haylee Donathan case: Was she in real danger

6-26-2009 National:

Do you remember Haylee Donathan story?

Well, thats the one where a 4-year-old (Haylee) vanished with her mom (Candace Watson) 3 or so weeks ago. Apparently they took a jaunt across the nation to California with a fellow named Robbi Potter who turned out to be a registered sex offender out of Ohio.

Police all over, U.S. Marshals and even John Walsh got into this search for these folks, everyone said little Haylee was in danger because Robbi Potter was a sex offender. Every fact of this story was sensationalized by the media, they had a hayday, then once found in California, the story has subsided.

Apparently Candace fell in love with Robbi and folks did not like that, claiming the risk to Haylee. The jaunt across the nation was very likely to find a place where they could start over, but they made many mistakes, mistakes which will ultimately land them in prison for a long time.

Reality is, this is a story about a family affair, plain and simple..no abduction took place.

OK, who are the players:

Haylee Donathan: 4-year old girl and little sweetheart.

Candace Watson (24): Haylee's mom who is divorced using her maiden name.

Mary Watson (??): Candace's mother or Haylee's grandmother.

Cyle Watson (21): Mary's son and Candace's brother. He is a Ohio registered sex offender. Convicted of rape of a 12 year old girl [served prison time], and attempted rape [received probation].

James Donathan (24): Haylee's biological dad and ex-husband of Candace Watson who now has a girlfriend Nicole.

Nicole Kirkpatrick (20): James Donathan's girlfriend.

Robbi Potter (27): A Ohio registered sex offender and boyfriend of Candace Watson. Robbi Potter's Ohio background which caused everyone to be concerned, and rightfully so, follows From Ohio registry:

10-3-2005 (Sexual Battery 2907.03) Child female (10)
10-3-2005 (Sexual Battery 2907.03) Child Male (11)
10-3-2005 (Interference with Custody)
Dt Unknown: Bank Robbery (Federal Offense)

In Dec. 2006 Robbi was convicted of two counts of sexual battery and sentenced to 3-years in prison, and got probation for the interference with custody charge. (News reports)

Now the sexual battery charges actually occurred when Robbi was 17 years old (1998), but didn't come to light until 2005 when he was 24, then he was convicted. The 10 year old girl (now 19) reported the abuse to her mother in 2005 and things went from there. As to the charge concerning the 11 year old boy, I have not found anything but the conviction. Both sexual battery charges are shown on the Ohio registry. The federal bank robbery charge also cannot be dated but is mentioned many times in news reports. (News reports)


Here is how the story began:

Apparently Cyle Watson and Robbi Potter met while in prison. On Feb 28, 2008 Cyle Watson was released from prison to a half-way house run by the Volunteers of America (VOA) (a secure facility, but folks can sign out for reason) in Mansfield Ohio. Then on April 16 Robbit Potter was also released from prison to the same VOA half-way house.

There is an apartment building next door to the VOA half-way house which is where James Donathan lives.

Cyle gets arrested and is in jail, so he calls his mother (Mary Watson [Haylees' grandmother]), Cyle tells Mary that he and Potter were outside the VOA for recreation and Cyle was talking to James Donathan (I'm guessing Nicole was with him) about a place for Robbi to stay. James then calls Candace (his ex-wife) to get her to help Potter find a place to stay.

Things get a little murky here because we don't know when the above took place exactly, as no dates are mentioned.

Then on May 28 Candace calls her mother (Mary Watson) and tells her she and Haylee are going to a campground. Mary figures it is in Ohio. Apparently Candace told Mary a date when they would return, and when they did not return, Mary reports the incident to the police. The national manhunt is now on!

Potter, Candace and Haylee leave sometime on May 28th for their jaunt across the nation. When Potter doesn't check back in VOA they report same to his Probation officer. The next relevant incident was in Arizona where Potter and Candace stopped and was talking to someone telling them how destitute they were. This person tells them about a Christian Retreat in California (The Morning Star Ranch [apparently it is more than just a retreat but thats not important] in Sandiego).

Potter, Candace and Haylee check into the retreat and are living normally as it were but kept to themselves. Then someone recognizes Haylee from all the media attention and tells the manager of the retreat who then calls the police, and Potter and Candace are arrested, Haylee is taken by Child Protective Services.

Candace Watson is arrested for aiding a fugitive, apparently she told the police she gave Potter money which paid for the trip to California. Her day in court is yet to come, maybe a good attorney will be able to get her off that charge because so far there are no facts proving she knew Potter was not allowed to leave VOA, which until he did, he was not a fugitive. Remember, absolute proof beyond a reasonable doubt is needed for this conviction.

Also arrested are: James Donathan, Nicole Kirkpatrick and Cyle Watson for -get this- aiding and abetting Potter's escape from the VOA. Personally I think the police are really stretching it here, hopefully they will get good attorneys because the police went overboard. They had no way of knowing that Potter was going to leave and not return. The facts show they were trying to get Candace to help Potter find a place to live, not escape. Time will tell.

Now, Robbi Potter, he has a boatload of troubles:

1) Federal escape charge from VOA (thats where he was on probation from the bank robbery charge);
2) Adam Walsh Act violation for crossing state lines and not registering;
3) Probation violations, probably an armful of them likely revoking his probation.

Things I could not find out:

1) Whether Potter when released from the Ohio prison, was he on parole for the sex offenses, or was he released at the maximum of his sentence. (Conditions of Supervision)

2) Whether Potter had any sex offender therapy while in prison, or was he involved in therapy after release.

3) Potter is shown as a Tier III offender on the Ohio registry (likely the result of AWA changes Ohio has made), but I could not find what the judge classified him as in 2005 (before AWA changes).


Things I did find during research:

1) During all this with Potter being the subject of a national manhunt, the Ohio registry shows him as "Compliant" with no "Outstanding Warrants," so much for the value of the Ohio registry.

2) Ohio statute 2907.03 is so involved that no reasonable man or woman could figure out what the actual crime was that he committed. This makes placing it on the registry totally useless.

3) No Amber Alert was issued because there was no abduction, Candace went of her own free will.



Things I believe will happen:

1) Candace will be convicted of aiding and abeting a fugitive based on what she said to police, and how that will be misconstrued by the prosecutor, to get a conviction.

2) James Donathan, Nicole Kirkpatrick and Cyle Watson will not be convicted as they had no idea Potter was going to escape the VOA. The police have gone overboard on these three, unless there is more I haven't found.

3) Robbi Potter will be convicted of everything they throw at him on the state charges. Now the worst thing that will happen to him is, having his federal probation revoked and being sent back to the Bureau of Prisons to serve the remainder of his federal time, and also the Adam Walsh Act violation, causing a federal prison sentence.

Why is that the worst? In the Adam Walsh Act is Sec.4348 which is a civil commitment hearing at the end of his federal prison time. At that hearing there is no doubt in my mind he will be civilly committed because of his sexual history convictions. Civil commitment will be for a lifetime for him.

Now, even if the U.S. Supreme court rules that section of the Adam Walsh Act unconstitutional, then the Bureau of Prisons will transfer him to a state which does have civil commitment. Then upon his release they will hold a STATE civil commitment hearing and again I have no doubt he will be civilly committed for the rest of his life.

4) Haylee will soon be in the custody of her grandmother, and maybe when Candace finishes her prison sentence she will regain custody of Haylee. However, long term Haylee may wind up in foster care because of Cyle Watson's being a RSO who may visit his mother's home.

So was Haylee in real danger? Well, given Potter didn't seem to care about laws I think I'd have to say, YES! And, as to further sexual abuse, thats why I wanted to know if Potter had any sex offender therapy. Further, Potter's MO could very easily have been repeated, study the facts of Potter's 2005 charges, and again he moved a child across state lines. While it is true no one can tell what another will do in the future, but this scenario is not one I would ever support, especially given the lack of respect for all laws.

Of course my opinions are just mine (eAdvocate who is not a lawyer). I am quite sure this didn't end the way that most law enforcement thought it would, and I'm thankful they were wrong. All my facts are gathered from the following news articles:

CA- Ohio woman who fled with daughter will have extradition hearing

OH- Missing Ohio girl found with mom & mom’s sex offender boyfriend

CA- Sex Offender in Amber Alert Appears in Court

OH- Haylee found; mom & Potter busted

OH- 2 helped Mansfield sex offender flee?

OH- Victim's mother fears for 4-year-old's safety

OH- Father, uncle arrested in case of missing Crestline girl

OH- Three arrests made in Haylee Donathan case

OH- Haylee Donathan's uncle says escape of sex offender began as trick