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
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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
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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
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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 ; .
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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.
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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.
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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.
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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
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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.
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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
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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
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AN �TAI ELK 5�5w T 0:5 R V 13A Y f2d I NT 940
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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
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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
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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
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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.
-