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HomeMy WebLinkAboutMINUTES - 01252005 - D3 TO: � ' BOARD OF SUPERVISORS Contra FROM: Silvano B. Marchesi, County Counsel Costa DATE: January 25, 2005 SUBJECT: Notification and comment procedures re: Co u nty People v. Cary Verse SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. RECEIVE report from County Counsel on the proposed placement of sexually violent predator Cary Verse in the community of Bay Point. 2. CONSIDER whether to take a position on the proposed placement, and if so, to direct County Counsel or his designee to formally present such position to the Department of Mental Health and Contra Costa County Superior Court. FISCAL IMPACT: No impact on the General Fund. BACKGROUND/REASONS FOR RECOMMENDATION: On January 24, 2003, the Contra Costa County Superior Court granted a petition by Cary Verse for conditional release under the sexually violent predator statute, Welfare & Institutions Code section 6601 et seq. The California Department of Mental. Health was directed to make the necessary arrangements for his release, placement and supervision. On February 5, 2004, Cary Verse was released from Atascadero State Hospital to a motel in Marin County. Public reaction to the placement resulted in subsequent moves to Oakland and then to San Jose, where he has resided in a motel since March 2004. On August 12, 2004, Assembly Bill 493 took effect as an urgency measure. The measure added a provision to the Welfare and Institutions Code, section 6608.5, which requires sexually violent predators who are conditionally released to be placed in their "county of domicile" prior to their incarceration, unless the court finds that extraordinary circumstances require placement elsewhere. Mr. Verse has spent most of his adult life in jail, state prison or Atascadero State Hospital. However, he did reside in Richmond for approximately 34 days, most of that time in a homeless shelter, from the date of his parole from state prison on February 24, 1992, until his arrest in Richmond on March 30, 1992, for a sexual assault on homeless man. This office argued in court that Mr. Verse's brief contact with Contra Costa County was not sufficient to make it his county of domicile; however, the Court ruled on September 2, 2004, that Contra Costa County is his county of domicile. CONTINUED ON ATTACHMENT: X YES SIGNATURE:>rmo io 60" tht4L --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- _j,,:�fRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 4---APPROVE OTHER SIGNATURE(S): ----------- ----------------- ----------- ---------- ----------------- ------- ACTION OF B AR ON January 25,2005 APPROVE AS RECOMMENDED :P<- OTHER X S�C A-eITAC"61> ATALElvau i�►� VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT N�N'� ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT: Linda Wilcox,(925)335-1841 JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: County Counsel County Administrator B PUN HAlitigation\People v.Verse\BdOrder.re.Verse.1.19.05.wpd �3oard of Supervisors .. -W 'January 25, 2005 Page 2 Thereafter, the Department of Mental Health proceeded to search for a residence for Mr. Verse in the County. A private landlord eventually came forward to offer Mr. Verse a cottage on property located at 1975 Willow Pass Road in Bay Point. A lease was negotiated and signed, and certain improvements were made to the residence. On January 19, 200 , the Court publicly announced that address and set a hearing for 8:30 a.m. on February 4, 2005, for consideration of public comments and possible determination regarding Mr. Verse's placement. Also on January 19, pursuant to Section 6609.1 of the Welfare & Institutions Code, the Department of Mental Health served official notice of the proposed placement on this office and a number of agencies, including the Contra Costa County District Attorney, Contra Costa County Sheriff and Chief of Police of Pittsburg. Pursuant to Section 6609.1, the agencies receiving notice under that statute may submit written comments on the impending release, placement, location, and conditions of release. The Department of Mental Health is required to respond in writing to the commenting agencies and to the Court within 10 days of receipt of the comments, with a determination as to whether to adjust the release location or general terms and conditions, and explaining the basis for its decision. The Court is then required to consider the agencies' comments and department's statements and either approve, modify or reject the Department's proposal. The Court has also indicated that, while not statutorily required to do so, it will consider other public comments on the matter, including oral comments presented at the February 4 hearing. The Board has two clear options in this matter. The Board is under no legal obligation to take any action as a result of the notification, and accordingly may choose to take no position on the matter. On the other hand, if the Board is inclined to take a position, the Board may articulate that position and direct the County Counsel, as recipient of the official notice, to submit written comments to the Department of Mental Health and to the Court pursuant to Section 6609.1, no later than February 3, 200 : HALifigationTeople v.Verse\BdOrder,re.Verse.1.19.05.wpd ADDENDUM TO ITEM D.3 January 25, 2005 On this day,the Board of Supervisors RECEIVED a report from Silvano B. Marchesi, County Counsel, on the proposed placement of sexually violent predator Cary Verse in the community of Bay Point, and CONSIDERED whether to take a position on the proposed placement, and if so, to direct County Counsel or his designee to formally present such position to the Department of Mental Health and Contra Costa County Superior Court. Mr. Marchesi reported that Cary Verse, who was classified as a sexually violent predator, was determined by the Court to be fit for conditional release from Atascadero State Hospital. At a September 2. 2004,hearing, over the County's objections,the Court ruled that Contra Costa County is Mr. Verse's county of domicile. A law that took effect in August requires placement of sexually violent predators in their county of domicile unless extraordinary circumstances require placement in another county. After the hearing,,pursuant to that law,the County provided assistance and consultation to the state Department of Mental Health in its efforts to find a placement for Mr. Verse. Landlords in Bay Point then came forward to offer to have Mr. Verse live on their property at 1975 Willow Pass Road. Prior to that point, DMH had investigated more than 100 potential placements for Verse,but landlords refused to enter into a lease with the state for that purpose. Supervisor Gioia asked whether Mr. Verse would be placed elsewhere in the County if the Court decided not to place him at the Bay Point property. Mr. Marchesi replied yes, with one exception. The county of domicile is where sexually violent predators must be placed unless the Court finds it extraordinarily difficult to place them in that county. Supervisor Gioia said that,, at a later time, he would like to hear from staff how many other people are going to fall under this kind of"county of domicile"ruling. Supervisor Glover noted that the law defines a county of domicile,not a community of domicile. He commented on the impacts placing Mr. Verse in Bay Point will have on that community, and noted that a beautiful building in the busiest part of town will become associated with a sexually violent predator. He stated that the small community of Bay Point,which has worked hard to improve its image,would become known as the home of Mr. Verse. He said this association would tarnish the image of Bay Point,perhaps keeping potential residents from moving there and setting back the image of a community that has worked hard to improve itself in recent years. He said he does not agree with what the prospective landlords have done. He also commented that the property in question is very close to schools and parks. The public was invited to address the Board. The following persons provided testimony: ■ Jan Kuhl, Pittsburg resident, speaking on her own behalf and on behalf of the Pittsburg Unified School District ■ Tim Reeder!, Bay Point resident ■ Glory James, Bay Point resident ■ Jing Jing Shia, Bay Point resident ■ Laura Inlester-Gabor, Bay Point resident, speaking on her own behalf and on behalf of the Bay Point M.A.C. ■ Wendy Cervantes, Pittsburg resident ■ Melinda Benavides, Pittsburg resident ■ Melody Chapman, Bay Point resident ■ Sonya Kreidan, Melody Chapman, Bay Point resident ■ Michael Kerr, Melody Chapman, Bay Point resident ■ Mark Ross,, Martinez resident Supervisor Uilkema said that public comments on this issue could be directed to the Clerk of the Board's office as well as to Judge John C. Minney,who is presiding over this matter. Supervisor Uilkema cited the testimony provided under public comment by Melinda Bedevedez, saying Ms. Bedevedez had crystallized the issue for her with the statement that this decision is really being made by the landlord. Supervisor Uilkema expressed concern that the persons who are really making the decision as to Mr. Verse's placement are the landlords,because they are giving the judge an opportunity to place him there. She said she is not sure that was the intent of the law. Supervisor Glover asked staff to make sure that comments received on this matter be included in a letter to Judge Minney, DMH, and Mr. and Mrs. Ashe. He further said that Mr. and Mrs. Ashe consider what is at stake, and suggested that if they listened to arguments presented at the meeting,they would make the right decision in terms of overturning their earlier commitment to rent the property. Supervisor Gioia noted that subject presents issues of equity for both the individuals being released and the communities where placements are made. With respect to communities, he said a large proportion of sex offenders live in low income areas. With respect to the individuals released,he noted that a large percentage of sex offenders will recommit, but many do not, and questioned how one could distinguish between those two groups. He suggested that there may be better locations in the County for Mr. Verse than Bay Point. He suggested the Board take inventory of communities to see if there are any areas with more "distance buffers"with respect to schools and other facilities, or communities willing to accept placement of sex offenders. Supervisor Piepho suggested that,per Supervisor Glover's recommendation,the Board send a letter to the Court and to the Ashe family. She further suggested that points raised in the January 245 20055 letter from Sheriff Warren E. Rupf to DMH be included in that correspondence. She also said the Board should advocate with state legislators to adjust existing laws. Supervisor DeSaulnier expressed concerns that the issue of placement should not be based on the willingness of a landlord, but rather on the probability of success for Mr. Verse and the community, a decision that would ideally be based on the opinions of mental health experts and public safety officials. The proximity to vulnerable populations should also be considered. The Board of Supervisors took the following action by unanimous decision: RECEIVED the report from County Counsel of the proposed placement of sexually violent predator Cary Verse in the community of Bay Point; and DIRECTED County Counsel to draft correspondence to the Contra Costa County Superior Court, DMH and Mr. and Mrs. Ashe,to include comments made at the meeting,points raised by Sheriff Warren E. Rupf and a discussion regarding the landlord's decision-making role in this placement. In a second motion,the Board of Supervisors took the following additional action by unanimous decision: DIRECTED the County Administrator to draft correspondence to legislators on behalf of the Board to urge a review and modification of existing laws regarding placement of sexually violent predators, and to facilitate the address of this issue at CSAC. TO: BOARD OF SUPERVISORS `�'s L' Contra FROM: Silvano B. Marchesi, County Counsel •;` . — " :_� ;• �s Costa DATE: January 25, 2005 �� � � SUBJECT: Notification and comment procedures re: � 9 o� Count People v. Cary Verse SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. RECEIVE report from County Counsel on the proposed placement of sexually violent predator Cary Verse in the community of Bay Point. 2. CONSIDER whether to take a position on the proposed placement, and if so, to direct County Counsel or his designee to formally present such position to the Department of Mental Health and Contra Costa County Superior Court. FISCAL IMPACT: No impact on the General Fund. BACKGROUND/REASONS FOR RECOMMENDATION: On January 24, 2003, the Contra Costa County Superior Court granted a petition by Cary Verse for conditional release under the sexually violent predator statute, Welfare & Institutions Code section 6601 et seq. The California Department of Mental Health was directed to make the necessary arrangements for his release, placement and supervision. On February 5, 2004, Cary Verse was released from Atascadero State Hospital to a motel in Marin County. Public reaction to the placement resulted in subsequent moves to Oakland and then to San Jose, where he has resided in a motel since March 2004. On August 12, 2004, Assembly Bill 493 took effect as an urgency measure. The measure added a provision to the Welfare and Institutions Code, section 6608.5, which requires sexually violent predators who are conditionally released to be placed in their "county of domicile" prior to their incarceration, unless the court finds that extraordinary circumstances require placement elsewhere. Mr. Verse has spent most of his adult life in jail, state prison or Atascadero State Hospital. However, he did reside in Richmond for approximately 34 days, most of that time in a homeless shelter, from the date of his parole from state prison on February 24, 1992, until his arrest in Richmond on March 30, 1992, for a sexual assault on homeless man. This office argued in court that Mr. Verse's brief contact with Contra Costa County was not sufficient to make it his county of domicile; however, the Court ruled on September 2, 2004, that Contra Costa County is his county of domicile. Q CONTINUED ON ATTACHMENT: X YES SIGNATURE: j" 43's "'L --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON January 25,2005 APPROVE AS RECOMMENDED OTHER ~ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT: Linda Wilcox,(925)335-1841 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: County Counsel County Administrator BY ,DEPUTY H:\LiligalioMPeople v.VerSe\BdOrder.re.Ver5e.1.19.05.wpd P �1�Qc�c-�'" 0 I��S�� Board of Supervisors January 25, 2005 ���' ���A �� �ti--� � '-� Page 2 `'�� Thereafter, the Department of Mental Health proceeded to search for a residence for Mr. Verse in the County. A private landlord eventually came forward to offer Mr. Verse a cottage on property located at 1975 Willow Pass Road in Bay Point. A lease was negotiated ed and signed, and certain improvements were made to the residence. On January 19, 200 , Court publicly announced that address and set a hearing for 8:30 a.m. on February 4, 2005, for consideration of public comments and possible determination regarding Mr. Verse's placement. Also on January 19, pursuant to Section 6609.1 of the Welfare & Institutions Code, the Department of Mental Health served official notice of the proposed placement on this office and a number of agencies, including the Contra Costa County District Attorney, Contra Costa County Sheriff and Chief of Police of Pittsburg. Pursuant to Section 660.9-1, the agencies receiving notice under that statute may submit written comments on the 'impending release, placement, location, and conditions of release. The Department of Mental Health is required to respond in writing to the commenting agencies and to the Court within 10 days of receipt of the comments, with a determination as to whether to adjust the release location or general terms and conditions, and explaining the basis for its decision. The Court is then require- d to consider the agencies' comments and department's statements and either approve, modify or reject the Department's proposal. The Court has also indicated that, while not statutorily required to do so, it will consider other public comments on the matter, including oral comments presented at the February 4 hearing. The Board has two clear options in this matter. The Board is under no legal obligation to take any action as a result of the notification, and accordingly may choose to take no position on the matter. On the other hand, if the Board is inclined to take a position, the Board may articulate that position and direct the County Counsel, as recipient of the official notice, to submit written comments to- the Department of Mental Health and to the Court pursuant to Section 6609.1, no later than February 3, 200A�c 1 o ...... U,n ......................... ........Y ................ IN ....................... InM:' I ........................ -MICE,::.......3-- .1 .1 L'. ............ ...... ........ M ....�.A- `.`N` .................... .............. .'Du' ............................... �O'R ............................ ..................... ........... ....... ........... ......... ......... .. ......... .....................:�l":,:,!*"**:,::":*:,:,:*:,:*,*:,:,:,:":,:**-::*:*:,:,:,:,:*:,:,!::,:,:,:*:l":,:",:,:*:**,:,:,:*:,:,*,�":,:,711*1***:,:,:*:,.,*:,:,:*.:............ DATE: January 25, 2005 TO; Sunervisor John Gioia Supervisor Gayle B. Uilkema Supervisor Mary Nejedly Piepho, Supervisor Mark DeSan-Inier Supervisor Federal D. Glover FROM[* John Sweet 4b County Admin ' ator SUBj1CT. CARY VERSE PLACEMENT Please see the attached letter from-- She.iff Rupf delivered to my office this morning regarding the matter on today's Board agenda regarding the placement of convicted sex offender Cary Verse in Bay Point-. Attacmehnt Cc: "00"7ane Pennington Silvano Marchesi c:lDocvments and setfingSvswEE\4iy nocumenls%soizsos-cart'verse.aoe (IT jaf(LITI.Ontra 01.1-imta of .E 4jertff Warren E. Rupf Sheriff January 24,, 2005 Mr. Janes Rostron Chief Forensic Services Division Department of Mental.Health 1600 Ninth Street,Room-250 Sacramento, CA 95814 Dear Mr.Roston.. Pursuant to Welfare&Institutions Code Section 6609.1(b).,please accept.this letter as the formal written response to your notification to the..Contra Costa.County.-.'Office of the Sheriff,dated'J uam-.19,2005,advising of the recommended place-ment of Cary Verse in the community of Bay Point.' This agency has law enforcement jurisdiction in this unincorporated community. As required by law,we expect that you will present our comments to Judge:John Minney for his review and consideration.2 Cary Verse,now 34-years-old,has a history of recurring sexual violence that goes back to age 17,when he assaulted a 14-year-old teammate on his high school track team. During his confinement at a juvenile detention camp in.Alameda County,.he sexually assaulted a 17-year old male inmate.. And just one month after being paroled in February 1992,he attacked again, sexually assaulting a man at a Richmond-area homeless shelter at which both were living. On February 5,2004,Verse was released from-civil confinement at Atascadero State Hospital.,and has been housed at several temporary locations in several counties for the last year. 1 W&I§ 6609.1(b)grants this agency the right to"provide written comment to the department and the court regarding the impending release,placement,location,and conditions of release." Z W&I§ 6609.1(c)requires that our comments"shall be considered by the court which shall, based on those comments and statements,approve,modify,or reject the department's recommendation or proposal regarding the community or specific address to which the person is scheduled to be released..." Post Office Box 391 Martinez, California 94553-0039 (925) 335-1500 "Community Policing Since 1850. ..." Mr. James Rostron Chief, Forensic Services Division January 24, 2005 Page 2 His release was ordered despite objections from Contra Costa's District Attorney, from the California Department of Mental Health("DMH"), and even from his own doctors. DMH's spokeswoman Nora Romero was quoted in the press as saying of Mr. Verse: "It's our position that he is not ready for release. It's a public safety issue" (San Francisco Chronicle,Feb. 12,2003,p. A-1). Thus, we take most seriously his proposed relocation to 1975 Willow Pass Road in Bay Point. Our concerns are raised exponentially by the proximity of this location to schools and parks. Indeed, Willow Cove Elementary School is just one long block away at 1980 Hanlon Way in the City of Pittsburg. This is a distance of approximately three-tenths of a mile or 1,500 feet. We place the highest value on the safety of our children and can see no reasonable basis for placing a High Risk Sex Offender and a Sexually Violent Predator within the shadow of an elementary school. And less than one-half mile from Mr. Verse's proposed home are two city parks, Anuta Park to the west and De Anza Park to the east. These are parks where children play. This agency is deeply committed to the concept of community policing. We listen to the public that we serve and we are informed and motivated by their views. 0 just This past Thursday eve mg. one day after the proposed location was announced, approximately one hundred concerned citizens attended a meeting called by the Bay Point Municipal Advisory Committee. The Sheriff's Office was represented by Sergeant Sandra.Douglas of our Sexual Assault Unit. The Contra Costa Times reported that, "Residents of Bay Point voiced outrage and concern Thursday night at the possibility of having four-time convicted sex offender Cary Verse placed in their community." The Times' story quoted parent Fred Chapman, a seven-year resident of Bay Point, who lives two doors away from Mr. Verse's proposed home, as saying, "I don't know how to voice the anger and frustration I feel. Why are'we being forced to suffer the consequences of this man's actions?" Another parent, a father of two, Santiago Vega,, whose house is adjacent to the proposed location, was quoted in the'Times saying, "If he's goingto be around here I will be very concerned." We listen to our residents' voices and fully understand and appreciate their frustration with the prospect of Cary Verse being their neighbor. Bay Point is a community in transition. Its community leaders have been working hard over the past decade to rebuild the community's image and have succeeded in bringing many new homes as well as businesses to Bay Point. New families are Mr. James Rostron Chief, Forensic Services Division January 24, 2005 Page 3 moving in, seeking improved lives in their new community. This process is slow, but has been steady' ., and Bay Point has considerably improved as a place to live in recent years. The California Department of Justice's Megan's Law web site * 10 shows 13 sex offenders living within ahalf-mile of the Willow Pass address. Mr. Verse will be number 14 for this neighborhood. We are concerned that should this neighborhood and the community of Bay Point become the repository for sexual offenders,the improvements seen in Bay Point may suffer. In the final analysis, we will certainly obey and enforce the law whatever the decision may be with respect to Mr. Verse's placement. We will protect all the members of the communities we serve, including Mr. Verse. We shall take all available measures to help Mr. Verse act in a lawful manner so that he does not pose a realized threat to the community. We are thoroughly committed to preserving the peace and public safety in the communities we serve, and our concern for our children is always a paramount value. We fully understand that .7 Mt. Verse must be housed somewhere, but we respectfully request that you take a second, and a third look at placing him so very close to an. elementary school and city parks. If I may be of further assistance in this matter,please do not hesitate to contact this office. Sincerely, c� WARRREN E. R F9 Sh cc: The Board of Supervisors Via Mr. John Sweeten, County Administrator t ; . ► All" i Dear judge Minney, The undersigned families are very concerned by the recent news thatp arolee Cary Verse is being relocated to a cottage in Bay Point,California. Our cdren are students at Willow Cove Elementary. Please,your Honor, for the safety of our children reject Mr.Verse's request to relocate to Bay Point. LE t i 4P CI (0) 4. f f' MIN. « *.i ` � � II � � 11•' y rwYD'F a•._• • t. rWs'-' AMY-...a'h 3 M' } ''IY r + i 1 • i� � .,py. •.ray-i .'''.+� y w,.,.•+' A .! 1s,.., 1 'i #pool^' ILr ,ra "",.,✓ } .r .. � t 'mow.• r �r . i Dizo.-k 1) IVIAI 1 • 1 w 1 ;icy/�. �i � i �r- i • Z 1..... , ,.Vit... 111 =� `•,Pv' r.aM'YI r. r" �!'✓ f.. Yom.'" G.C. Staff writer Danielle McNmara Contra Costa Time Supervisor Federal D.Glover Brian Haynes,office of District Attorney Dear judge Minney, The undersigned families are very concerned by the recent news that parolee Cary Verse is being relocated to a cottage in Bay Point,California. Out children are students at Willow Cove Elementary. Please,your Honor, for the safety of our children,reject Mr. Verse's request to relocate to Bay Point. ���5 /�i+AJsc55 2 ��� Le_�z �k, u� gas- �„ I- l �9`f S / G7C�'�lt� f/'�'lo% c;J �i -a.4f 4z VV, IA e CI 2,!:7 ?��I �y.-. t c C, r�G(lx-� ��� AILS �-S S�'— S?-� (� (2e V C.C. S taff writer Danielle McNmara Contra Costa Time Supervisor Federal D. Glover Brian Haynes, Office of District Attorney Dear judge Minney, The undersigned families are very concerned by the recent news that parolee Cary Verse is being relocated to a cottage in Bay Point,California. Our children are students at Willow Cove Elementary. Please,your Honor, for the safety of out children,reject Mt.Verse's request to relocate to Bay Point. G L t��rrr TAI LI Aj K re 1,0 06 %A C.C.Staff writer Danielle McNmara Contra Costa Time Supervisor Federal D.Glover Brian Haynes,Office of District Attorney I am a Bay Point resident or I live near 9a*y Point and I do not want four—time convicted,violent sex offender,Cary Verse living in my community.I believe there needs to be a better solution for people like Cary than to be in an area full of children and homeless,of which he has preyed on in the past. This community DOES care and we are outraged by the insensitivity of our elected officials and urge you to NOT PLACE Cary Verse in Bay Point or surrounding areas. NAME ADDRESS 100 0 7 jj��Jj 0 ztoo,/ 0000001 ft'W l Lt� 6j) 9 7Z-.,. J4�11_jkrl- 00k lip 4;0F Age AF O�A 13 tAciiPiS- �i OGS l � �(, urr7G—J �" _ /7fl on" 'or Ilk I U.✓ // L 6jo'"OnS7 Col.. 16 � �_71 Sd T s fz51 I� s��-►ems � b so" Leh � t l Honorable John Minney Dept. 12 Superior Court 725 Court St. Martinez, CA 94553 Tel: 925-646-4012 Fax: 925-646-4056 The undersigned families -are very concerned by the recent news that parolee Cary Verse is being relocated to a cottage in Bay Point,California. There are two elementary schools,Willow Cove and Bel Air both located less than'/z mile away from the proposed location. Please,your Honor, for the safety of our children,reject Mr.Verse's request to relocate to Bay Point. I-% lip 411, V t f K 6 7 RY Sac Fro,i�e.r y S$- 35 8 9 41 4(6 ex- 4 S 0 e.^o 1' C.C. Staff writer Danielle McNmara/Contra Costa Time 925-779-7174 Supervisor Federal D. Glover 925-427-8138/Fax: 925-427-8142 Brian Haynes,Office of District Attorney 925-957-2200 I am a Bay Point resident or I live near ta'y Point and I do not want four--time convicted,violent sex offender,Cary Verse living in my community.I believe there needs to be a better solution for people like Cary than to be in an area full of children and homeless,of which he has preyed on in the past. This community DOES care and we are outraged by the insensitivity of our elected officials and urge you to NOT PLACE Cary Verse in Bay Point or surrounding areas. NAME ADDRESS —Maimf �..� / S �" un Wj � Y? 7 Iy 15 i� �R ao r I am a Bay Point resident or I live near Say Point and I do not want four--time convicted,violent sex offender,Cary Verse living in my community.I believe there needs to be a better solution for people like' Cary than to be in an area full of children and homeless,of which he has preyed on in the past. This community DOES care and we are outraged by the insensitivity of our elected officials and urge you to NOT PLACE Cary Verse in Bay Point or surrounding areas. NAME ADDRESS 1J\44 3. 0OLZ ��. AN �TAI ELK 5�5w T 0:5 R V 13A Y f2d I NT 940 5' S rAlm r L2 e7 709 alp 134,L, Ira. 5• 1 W �b I1 13 �5 !7 I9 ao NBIGRED39@aol-com To ronie127@hotmail-com, GLOMAGLEBY@SBCGLOBAL.NET, 01/19/200511:24 AM gbenholm2@hotmail.com,anthonyr@sheiterincofccc.org, cc bcc Subject TERRY VERSE It has come to our attention that we are once again being used as the dumping ground for the county. Terry Verse will be moving to Bay Point. He will live in a home remodeled for him by landlord who does not have to live in out neighborhood. We are trying to verify the address,but it appears it will be approximately a block and a half from an elementary school and very close to a pre school. Thank you absentee landlords. We have an abnormally high rate of half way houses,group homes, etc.,because there is no process in place to give this community a say it what is established in our community. We have worked very hard to IF improve out community and now we get Verse. This is not what we expect from our leaders and we will not accept this without a response. Norma Siegfried Bay Point MAC D � � � d t� L� SAN 2 4 2005 � SUPERVISOR GAYLE 8.UILKEAIA CONTRA COSTA COUNTY IWA for I�krol2 t�mn^,�,� Honorable John Minney Department 12, Superior Court 725 Court Street R�C Martinez, Ca. 94553 �o�'Ep JAN 25 � CLEgK e�q�D of S January 24, NTRACpsTA PCOVlSpA,,$ Your Honor, As a resident and homeowner at Willow Plaza Estates I am deeply concerned about an issue,which I am sure you are aware of,and that is the placement of Cary Verse in our community.As of now he has announced his future residence in the 1900 block of Willow Pass Road which is on the comer of Willow Pass Road and Loftus Road,an intersection,which is approximately 70 to 80 yards west of the entrance to our community of 34 family residences. The children will be walking right passed his proposed dwelling of 588-sq. ft.at$1,200.00 per month on their way to and from school. Do you have any idea what kind of message you are sending to a child being raised in an already troubled environment surrounded by prostitution,drug activities, and other questionable activities?Is the lawyer,(who is so generously offering his cottage)going to move in and let his family be subjected to this mans compulsive and predatory nature,a characteristic that I question is even treatable. Of these 13 pages of requirements he must abide by,what are these requirements, and most importantly,who is going to monitor as well as enforce these requirements? Does this man have a plan or any motivation to improve upon the future of his life? And if so,What are they?I understand he's paid his debt to society and completed all the requirements the law has imposed for his release from Atascadero State Hospital,but I still question his character. With all due respect your honor,are you willing to accept the responsibility of the possible consequences this decision could have on some young innocent child who is merely making his way to school?I wouldn't want to make this decision,however, I pray you will make the right one and find a more appropriate place for Mr.Verse to r *de. This man is a known predator and I think he belongs in a place like reside. Rossmoor or someplace more rural where there is a more elderly community that's not vulnerable to this man's compulsions. As a community that is making vast leaps and bounds in improving the quality Of life for our family and our families' futures,you will make the right decision. Thank you for your time and consideration in this matter. Yours Truly, Timothy J. Reeder 120 Harris Circle Bay Point, Ca. 94565 JAN. 20, 2005 10: 37AM C. C. County Counsel NO. 195 P. I QEF TO:CAO-AaministratorUKcrtL SILVANO B,, MARCHES1 C6bp COUNW COUNsr:L NIN OF C�3NT�.4 COSTA .. , Administration (Building SHARON L.ANDERSON 651 Pine Street, 9d' Floor most `�;��;SSISTAN&T Mart'inez, Cal;fomi2 94553,a1229 t' -� GREGORY C,HARVEY (925) $35-1800 0, -• 0#4 VALERIE J.RANCHE (925) 646"1078 (`ax; ;00. AssisTmrs FAX COVERS EET Date: January 20, 2005 No. of Pages (including cover page), 3 To: Supervisor Gioia Supervisor Uiikema Supervisor Greenberg Supervisor DeSaulnier Supervisor Glover From: Silvano Marchesi Voice Contact Call: (925) 335-1810 Fax No. (925) 646-1078 COMMENTS: Here is an advance copy of a staff report/Board Order relating to the placement of Cary Verse in Bay Point. It will be on the agenda for next Tuesday as a deliberation item (the last one of the day). If you have any questions, please feel free to contact me or Linda Wilcox (5-1841). cc: John Sweeten, County Administrator [x] Original will not follow ] Original will follow by: U.S. Mail Inter-Office Transmittal Personal Delivery Other: UFFICE OF THE COUNTY COUNSEL .,�•_ �\. SUMANO B.MARCHESI �'t'{�^, �e�.��i f'tee w►�i �VLi,�� tJt' t�.UfV!KH-L.V��R ��� �_���j _ wvi.i I'Si 2 ft.v v����� Administration Building 651 Pine Street, 9"'Floor :" % _:-_ •�� SHARON L.ANDERSON '�' f �- -_ -� � Martinez. California 34553-1229 � = _ ,�� CHIEFAssisTANT (925) 335-1800 � !� GREGORYC.HARVEY Cns'� _ �'''1'1'i\��=�`�"`.�'".. Y��t VALERIE J. RANCHE (925" 646-1078 (fax) �'�•;�-_ ���-' - ��'� AssisTaNrs R co January 2g, 2005 BY FACSIMILE AND U.S. MAIL Ho . John C. Minney James Rostron Contr Costa County Superior Court iefI Forensic Services Departm t 12 Ca ' ornia Department of Mental Health 72 5 Court eet Foren 'c Services.Division Martinez, CA 94553 1600 Ni h Street, Room 250 Sacramento., CA 95814 RE: People v. Cary Verse Contra Costa County Superior Court Case No.: 980868-4 Dear Judge Minney and Mr. Rostron: Pursuant to Section 6609.1 of the Welfare and Institutions Code, this correspondence serves as the formal response of this office, on behalf of the Contra Costa County Board of Supervisors, to the January 19, 2005, notification of the proposed placement of sexually violent predator Cary Verse in the community of Bay Point in Contra Costa County. This office is familiar with NIr. Verse's violent history based on an examination of police reports and other court records. In light of the location of the proposed placement, and in Light of a perception by some people that Mr. Verse has limited his sexual attacks to adults, it is useful to review that history. Mr. Verse was first arrested as a 17-year-old juvenile for a sexual offense on a 14-year-old boy in 198 8. As a result of that offense, Mr. terse was placed in a juvenile camp, from which he escaped with a 17-year-old fellow inmate. After the escape, he sexually assaulted the other inmate. Mr. Verse,who had turned 18 only days prior to the escape, was convicted of that offense and sent to jail,where he sexually assaulted his cellmate in 1989. In 1990, after his release fromjail, he committed a sex offense on a 14-year-old boy in Richmond. He went to prison for that offense and was paroled in 1992. Only one month after his release on parole, Mr. Verse sexually assaulted a homeless man in Richmond. Hon. Tr%�M fl. hi-""Anvit- 1A.AA James Rostron January 2$, 2005 Page 2 Mr. Verse spent the next 12 years in confinement,., first in state prison and then at Atascadero State.Hospital. Mr. Verse.then petitioned the Court for conditional release. Over the objections of the iontiu Costa County E".strict Attorney, the Depaartment of Mental Health and Mr. Verse's doctors,the Court ordered that Mr. Verse should be conditionally released. He was released on February 5,2004, and has lived in Mill Valley, Oakland and most recently in a San Jose motel since that time. Because.of a change.in the law, the search for a more.permanent home for Mr. Verse shifted to Contra Costa County,which the Court determined to be Mr. Verse's county of domicile prior to his last arrest. Apparently,publicity concerning this search led to the proposal that Mr. Verse be placed in a cottage at 1975.Willow Pass Road in Bay Point. There is no dispute that Mr. Verse needs to live somewhere, and that public resistance would likely arise with respect to,any proposed location. However, given Mr. Verse's history of assaulting minors, 1975 Willow Pass Road has significant drawbacks that should be considered seriously by the Department and the Court.. To begin with, as Contra Costa County Sheriff Warren E. Rupf has * advised the Department, Willow Cove Elementary School, located at 1980 Hanlon Way in Pittsburg., is only 1,500 feet away from the proposed location. Additionally, within a half-mile of the proposed location are two neighborhood parks, Anuta Park and De Anza Park,where children play. Parents of children who attend Willow Cove Elementary School appeared before the Board of Supervisors on January 25 to express their anger and fear that a sexually violent predator could soon be in their midst. They advised the Board that many children walk to school directly past the proposed location. Some voiced opinions that the proposed location would not be safe either for the children there or for Mr. Verse. One speaker likened the.proposed placement to "putting a chocoholic in a chocolate factory and saying 'don't eat."' Issues of fairness and equity should also.be examined.. A search of the Megan's Law website of the California Department of Justice revealed that 13 registered sex offenders already live within one-half mile of the proposed location. More registered sex offenders live in the 94565 zip code area that includes the proposed location-127 in all—than live in any other zip code area in Contra Costa County. This area's public safety resources should not be taxed even further by adding Mr. Verse (who,.it should be noted,has no known prior ties.to Bay Point)to this lengthy roster. Data from the 2000 U.S. Census also shows that.-of all of the communities in Contra Costa County, Bay Point has.the third largest percentage of minor children per capita-7,155 persons under 18 out of a population of 21.,5.345, or 33.2 percent. With such a large percentage of children, it is difficult to conceive of how Bay Point could be an appropriate place to house a sexually violent predator like Mr. Verse. Moreover, it is troubling that Bay Point residents may become the unwilling neighbors of Mr. Verse as a result of the decision of landlords Anthony Ashe and Araceli Ramirez to offer their property as a residence for him. Their personal motivations should not be, but apparently are, the driving factor in placing Mr. Verse. Would the Department seriously consider a location so close to a school and Mro neighborhood parks, in a community populated wri*th so many children and already burdened by so W u�r r�.�,,, r� A4;rne�,T James Rostron January 28, 2005 Fade 3 many registered sex offenders, if these.landlords had not come for«ard? Surely not. If anything,.the demographics of Bay Point should militate against the placement there of persons like Mr. Verse. Given the Department'srroposal,-howe`Ter, it is clear that these demographics were either overlooked or never considered. It appears, instead, that the Department simply-jumped at thee offer of Mr. Ashe and Mrs..Ramirez. Doing somay have been expedient for the Department., but the residents.of Bay Point deserve better. In closing, this office and the.Board of Supervisors urge the Department to reconsider its proposal to place Mr. Verse at 1975 Willow Pass Road in Bay Point., and to continue the search for an appropriate placement'. We also request the Court to consider the above points before making a decision as to Mr. Verse's placement. Very truly yours, Silvano B. Marchesi County Counsel SBMIIw cc: Members, Contra Costa County Board of Supervisors John Sweeten, County Administrator Warren E. Rupf, Contra Costa County Sheriff Press Box r � � F-k- ir� �I��,._.�.. ��g e t - _ �� = _...�� ••ay_ - :�.- t" e. w.. t..iE r,.1,�v g.�e• r:i< r= �!Se'`: l� mus. = Z f L rj•i€ - k.pS r w 'V M •- ••.� • tir _ pcF ..` _ �'_=-rte w r L�•,r!•-o-: � _ { iZ 5 s c ¢,c ip�t_4 r�`T 4 [ t ->,• -a tr„ 1r _ _•a..a r _ -_ 1 T_F rC F7 tis '1 t LiY =�; r•rpr�.:..!-a ' �� S�4ti.T. - +��.'w ' f-..a'm; is itrat.i a.n i id h a '�Ht-;--1kRI L. AN D E R2'-3-0 NJ P i n se. !%34 -;13 e-L F I oo a ' "T •i K• tai-r` 1 - *- a t�i���•1 .i �"'� Az P AMC k i•�L T f�i I n= E t r f if ;f��t:� ...ems=. � �via a...!. ..w �► ...�..v: ..�...:� �� _.f� 'IAC �� a..._� .w a`��` - � �'j""�"� _���a�.�tx�r'•�F�S"��! ice_ !^'� r� � � 18��� �' a �� �` ''' 'r:••w�j�'�ie t ��� j�Lt L [�U•-L..}V I �. 1 r t f L ... rr-....-»^ r.• it�_�_ r •,- !j► t v 1 i ...s f t _ Gt�'�'=4° n." "____"='i tt.•1�I. isr •:•VI -•,... ;-n ��1��`Cr' "��� �F �I {+ �� r asr {• r.�: is M.�t �'+;�-..�,- T. ^^� r��i rT�asi:t - LE:-E J s R ij.�t.C 1 1 L ,L..i r.c yd`l.{ 1.i`!�s 1 t�:!S..t' is�.il�t.� Z i��Z,. .tom � � Vis'• .� ^� �r�C rL-;L{:L 42W stj J, rt tr.t,.i.�..a�T. �.� _t �•_s a1.i X iL•L.= f+ ��..�r � ��!t�t F t•�r Fra-`'� •'��-��r �..�'�.f'j a+:w.Luary ; �o0� . BST F-A-CSI—NITLE AND UeSs ALATL H01LIII C.. eJanhes - � Contra Cc,sta County sunerlo- Cc)urt Chief.Forensic.SendcC.,.s� D-m*-%artmR,.nt C al,foz a D e art ery t of_-Mental Health ?. Court street Forensic Sea-vices Divislio'n Pff -NJT aftin 7 CA 945...� 1600 Nstreet, Room 250 SaCramcnto- CA 95814 XN-L.;t Peo-ple vs.Ca t T erre Contra Costa Coim-�,y- SuperiorCGuftINTo 9080868_11.. Dear Jud2re.TNfimnev a.nd NtIr. Rost-on: Pursuant to section 6609.1 of the)A'Telf-are and histitutloons Code,, - . Tom, flus.cones ondence ser-��,s as the,formal response of this office on behalf of the,Contra CostaCount-v� s hoard of to die Januanr 19,, 2005,.notification*of theproposedplacememt of sexnpredatora..d� Solent Cary Verse in the commLuqity of Bay Point In Contra Costa County, i ms o ffice is familiar vw-ith Mr. Vers e's -vi olent histo T b as ed o TpoHcer� n an e�. at�an ofreports and ober coup records. In light of the location of the proposedPlacement, and . of a perception b",some peoplethat NIL`. Verse has ted his se�,ual attacks to adults, c �e thatit i�usefu�to r� •�,+ T Mr. Verse malas.first ar-Tested as a 17-year-old for a sexual o � 14-year-oldJuvemle ffe�.e on a bob:-in I Q8 8. As a resinIt of that oSens e. N1r. V erse-�Afas lacfa -� Tai ' � � fi-omwhich�d �.�u����1.� camp, ��hick h �f escanc,,dith a 17-year-old fellow inniate. Afterthe escape. he se�-]�uall T assaulted the other i=, -.atp. 1 Verse. vi.rho.had turned I 8--s on1V days prior to the esca e. ��a� convicted f `� � �-� s o_that o frens and sent to iz) tja . There he:se ua.I��.-assaT ted ee11mi ate in 198Q. Ln 1990. after - from �r his le_ea_e ai_, c�_ r�ttrd a s epi o ft fens e o,,-i-a 1 year-old b oN In c ond. He-sent t �s on for that off? t, r� �rr�� ,- Ind.� _y e_s e ana vv as r..ar.o in I .f... OnIv o3�L mon ager hiS,relea.s e on azole.!\/L. Versc: s �� al j n�-C f , �� �- F� :�� ���d a.-_omtl tss=T ?ur� rr >t i ames. T o r5l Cr"Z, :.. .._s..W ldrYT.. V `� '.. rl _� �,.. re� 1 �1 rpt s first . s. � a.��d t s e-n � L• auel`o !F '.ate.Ho�`�`,t it('�11{iltt� rVcr, ..p .. l �.- fog- . . : role as . -7cr tl�e oh'toti����s.of tae sL i.A l a. +.t�a("'1 t` 'f'n -•i, Y' � �.-.R. "�'',,"�' r��. {'��''"� ^-:� thg= : Dc.iia1-t'm1fz1,nt,­ of � Me�n_tal �-`��I� 'M'.���.i TvLr.. �;Y cr�'�%,� +L.�,��.tr.-Wi�_stf.b_�Co�.t...t ...�L.-�°..3 t. �....r n L�' ►��....�.. 3 t, tr-.:`_' i,€.�F i_.L r�. i... s L.i�L. �► �.+► ry.� s ..s v .... arr _ 1\1r. _ mall y reteas .. � �Tas--eleased � .� � F L = 004. .- ?dared crs ..�. . not t- , � , � . s .reg*entl < Jose. shat . tBecausc. ` an -i as.1; ed i_vlill �� Co _ r-. _ _ r... f..� VersE.I. ry s=1]1, n-c T T,'"j��.J.i.L.� � .. i mn . .f..!,L.. !�:.t..i-i.�.L��'...22 e,k 1. .1.=c. L- € �..1 ,: th,%:W:.1; C �...r� �Terse's � rior to.his.last arrest, oto1 -s Eich oy -t .� Ap-P r �- licit-v-conce= g t�.. is.search lcd to the. ro osal that 1N/r. ��`erse he :lac,ed n a c.ottacrear entl�; .. _ at 1975."Willu�!?-Pass.R—oad in Ba3!P_ oLitt T h er ew is no.dispulta that N/Ir..Verse.nceds.to live.somewhere. and that public,resistance.would ' - ¢c .o an r ro osed location.. Ho-rvever,. mven�&. N7erse's hib-tory.of assaulti.g l�T a��se��.���:�os�,u t � � � � ' Pass. oad .S si c .t.fa pacts that should be.'cc)nS1d&e ..sbria�usly,h��•the,=ors, 1 ' iljou Department aind theCourt.. To_ � nth, as.Contra County . " arren E...Rupf ha, . u -_ � J Va-vTinPitshun,.isadv sed the Ie artment. WloN Coyfilenenta r s�:hoal. Iacated at H� I L.0 only !.�00 feet avvfrom. -the proposed location. Additionally,i-vith1n a half-mile of the-prosed i location a�u-e.��o�.ei hborhood arks, ... nuta ark and De.��nza Park, +�,ere children play. Parents of children who attend W_illoN-v Cove Elementanr.School appeared befor=%..k$the Board of Supervisors o1a ex mer.and fear that a su.all violent predator could soon lie u-1 their midst. January�,5 to expre z s their an ` the oa-d thate ch:.ldre : ralo.school directlyt t he. ro osed.tocation. Some Ther ao. T1sed Topinions' a that the.proposed tocation Tould not he safe.either for the children there.or.for N1 . �-oiced Verse. . ewer�enod the•proposedplac*ement to." uttincr a chocoholic n a chocolate.factor rane speaker � ands a : jcr 'don't eat." �. ai ness and� ui should also.he.e�.��ed.. A search of the Megan's La��F�Te�siie issues off q � ' Department of,�ustice.revealed that 13.re 'ste..red sex offenders alreadyli�Te w tIm of fie. �a:�.f`or�:�a �? a -� f thepropos(zk-dre `location.. More stered sex offenders.lisle M the 94.65 zione had Hale o � p code.area ilicludess _all--than l..i��e in an %other i coae area.in Contra. ostathat the � p � T This area'spulblic. safety-resources.should not be taxed e�en fi. th.er by adding Mr. � erse �ou�....t�... T _ ho �T ould be noted..has.no.�no�� rior ties.to Ba +Point)to.this.lenethvroster. D ataf row.the :� . �t sh . 2000. sus also shov,Ts.that.of all of the colinnunities.in Contra Costa County,Bad.Point has.-theeU.s.. en W. or.children er ca ita.--o.1.5�persons,under 18 out of apopulation of tl��d.larale.,st..1.,A5r,4pe....rcentage of r��n � � 2 �';.' percent. ith such a larcre. ercenta -e o f childi-en. it is difficult to conceive. of hov-�./Bay Point could b e an a.�-) r�.ro ate.-place to house a.s e call y violent-Dredator like!\/J-i-. "I T erse. --�. er. 1-rL s t�."o uo that Day Point rLs dents a Y b=/-%o�e.th.e w-r {1.�, z ne's_l.. or of Nir, •�,. es?lt=a ` We t p delc- sion of`landlords An�Lhony��.she and racer Ra~mirel .-o offer thneir propT,�Ve- s�_asa_ a�, �- ' c,e nor -. . � er sonal r=.,tt�vati ons should.not h e,but a. �ares�l�f are, th,��-���m� fa.f for .a. a �s1den y ' and L-n l acinr� rM t`« `•erg « `iv off?�d the.Depa-_ --m sen out s er L:r. ..� ! so s c.� �..l -i ►'1 rr��1`lr fes; a��--ss c{� �u-n`"1* S � �-il atek vr, t± so man}T'.rth i l ruin W....+1i ���~�U.l�.t..�"'�'�l�'•�`�.Yj��'"� � b-\!sc t V�� b1•: _ e��� t !i Y•'•�-- .`'"tip - v - �' `��••--+��q.�°�.i Sal L .►. i.'L.J �. ! `.r Jai-1,-Tuar 1 Crj=L }-r m s-,r c a s c �:ff e7�cL e.-,r : i f the s k. amu oris hP...dnot.come for-,'az�f. �iuzrel� Tf a��������,._�.�. R `r- 1 de7ut-nog-raphics of Bay--Poirit should rrii =tate.aaainst the.placement there.of persans.like-NrL. V1 PTse.. J� _t� .�..}.-� '_.� P Y '�. I-l ;'� •t i;{�, �•-Z--�,. r4' I"t'i' r �t- t �1 '1 f �� • �'1 L-�'t. 4 1 ��/3 L 1 Vi df,-=mtoizrap1 .JJ��L�{ � i11�:.`L• L��J.r L► wit l l�1, ti.' 1 .�._. �. s ..: :�.,.. .. L.r 01r v - rlsi dcred.. it a� e �-r-L. inst.,t.,Lad,.that t .e.Dtarjait--n ent s iv�j=ped at the.offer of tai?-..Asse �.�..�c��r co� �.� � _ s �.� ��-s..Ram rP .. Do.'...-,� so.�a�-h a�fe.been ex pedie�nt.for the.Departm. ent. bUt the residents.of Dm7 Ulf PO=L Et1iir.Pth .- e Ti sors.ur ae.tie.Departmcnt to re`o?�sdcr its n c.Iosina-4 soM oc and c.Boar o_ S p Nir. at. 19-i`S -Vi.1o���.Pass Road in Bay Point, ani to.cori time t��e search for ..n r`�osal to.dace '� a r-o r�atcplacement. We also.rc ucst.t u�I to.consider the ab oaf cpoints before�m L-J aff a dcrcisioii,as, .to N/Lr. Verse's L lac cr eLt. �f f I. IL f Sil-NTano.B Marchesi CoUnt37. COUTISel SB-TL\/L/I,w, cc: Mcxrnblears., Contra Costa County Board of Sup en sons John Sv,7eete.n, Coin -Administrator N\7'aiTen E.Rupf, Coi--itra Costa Coui3fy Sheriff Press Bow AnthonyAshe, Esq. A. Aracel.z Ramirez , Esq. -