Post by Anja Nieser on Sept 17, 2006 23:41:46 GMT -5
Oversight blamed in Inman release
An overlooked file might have been the difference between life and death
for Clemson University student Tiffany Marie Souers.
Twice-convicted sex offender Jerry Buck Inman, charged in the May 26 fatal
strangling of Ms. Souers, could have been sent to a mental institution
indefinitely upon his release from a Florida prison in September 2005.
But he was not evaluated for civil commitment as a sexually violent
predator because reviewers didn't notice he had 2 prior sexual offense
convictions instead of one, the Florida Department of Children and
Families has concluded.
Under Florida's pioneering 1988 sexually violent predator law, known as
the Jimmy Ryce Act, every sex offender is screened for potential
commitment. Those considered dangerous and likely to reoffend may be
confined indefinitely for treatment until they are safe enough to re-enter
society.
"The people who reviewed (the case) overlooked it," department spokesman
Al Zimmerman said.
The conclusion came from a special re-review of 10,683 referrals to
Florida's Sexually Violent Predator program, prompted by Inman's arrest in
the Souers case and questions raised by the Anderson Independent-Mail.
The review found similar discrepancies in convictions in 16 other cases.
One of the 16 has been a fugitive since June 2003. Of the remaining 15,
two are behind bars, one is dead and 12 are registered sex offenders.
Mr. Zimmerman said the department was making immediate improvements to the
screening process by:
* Determining the criminal history of each referral through independent
review by 3 staff members instead of 2
* Monitoring reviewers' performance with ongoing independent checks of
randomly selected cases
* Using more face-to-face mental health evaluations.
"It's a very low number, and we're actually pleased we only found 16
errors. But we're concerned obviously if there's only one error. As a lot
of people and agencies, we strive for perfection," Mr. Zimmerman said.
The Souers family could not be reached for comment for this story.
Mark Plowden, a spokesman for South Carolina Attorney General Henry
McMaster, said the review's results are "disturbing."
South Carolina law differs substantially from Florida's. Here a
five-person multi-disciplinary team evaluates a qualifying sex offender's
background to determine whether he should be reviewed for commitment. A
second 3-person panel makes a recommendation to the attorney general, who
then must decide whether to take the case to a judge.
After finding probable cause, a judge assesses whether a subsequent mental
health evaluation of the offender meets legal standards for commitment. A
jury ultimately decides whether to commit an offender.
"Any case of human error or computer error or otherwise that escapes
review of the civil commitment process could turn out to be an offender on
the loose that could result in someone being killed or sexually attacked,"
Mr. Plowden said. "It's certainly nothing to be proud of."
Inman was paroled in September 2005, just 16 years into a possible
150-year sentence for sex crimes in North Carolina and Florida. His
convictions predated "truth in sentencing" laws that require offenders to
serve 85 % of their sentences.
In 1988, Inman was convicted of a sexual assault on 2 men in North
Carolina. In 1989, he was convicted of a 1987 rape of a woman in Florida.
Inman is charged with murder, rape and kidnapping in the death of Ms.
Souers, a 20-year-old civil engineering student from Ladue, Mo. She was
found naked except for a bra and a bikini top around her neck that was
used to strangle her.
Thirteenth Circuit Solicitor Bob Ariail is pursuing the death penalty
against Inman. A gag order prevents him from speaking about the case to
the news media without permission from a judge.
Inman also is charged with violent sexual assaults in Alabama and
Tennessee in the days leading up to Ms. Souer's death.
Florida's 4-step commitment process involves: collection of background
information; review of the information by 2 licensed psychologists or
psychiatrists to determine whether the offender is a sexually violent
predator; a face-to-face evaluation; and a civil petition and jury trial
to commit the offender to a secure facility.
The report found that "had the second offense been known and considered,
the screeners would likely have referred Inman for a face-to-face mental
health evaluation before deciding whether he should be recommended for
civil commitment," Mr. Zimmerman said.
The department released a statement in June offering sympathies to the
Souers family and saying it regretted a different decision was not made.
Mr. Plowden welcomed the changes Florida is now implementing.
"Of course mistakes are going to happen, yes. But a mistake in the traffic
ticket division is one thing. But a mistake in this part of the law could
easily be fatal," he said. "The more eyes that comb these files for a
mistake and the more oversight the better. That goes without saying."
(source: Anderson Independent Mail)
An overlooked file might have been the difference between life and death
for Clemson University student Tiffany Marie Souers.
Twice-convicted sex offender Jerry Buck Inman, charged in the May 26 fatal
strangling of Ms. Souers, could have been sent to a mental institution
indefinitely upon his release from a Florida prison in September 2005.
But he was not evaluated for civil commitment as a sexually violent
predator because reviewers didn't notice he had 2 prior sexual offense
convictions instead of one, the Florida Department of Children and
Families has concluded.
Under Florida's pioneering 1988 sexually violent predator law, known as
the Jimmy Ryce Act, every sex offender is screened for potential
commitment. Those considered dangerous and likely to reoffend may be
confined indefinitely for treatment until they are safe enough to re-enter
society.
"The people who reviewed (the case) overlooked it," department spokesman
Al Zimmerman said.
The conclusion came from a special re-review of 10,683 referrals to
Florida's Sexually Violent Predator program, prompted by Inman's arrest in
the Souers case and questions raised by the Anderson Independent-Mail.
The review found similar discrepancies in convictions in 16 other cases.
One of the 16 has been a fugitive since June 2003. Of the remaining 15,
two are behind bars, one is dead and 12 are registered sex offenders.
Mr. Zimmerman said the department was making immediate improvements to the
screening process by:
* Determining the criminal history of each referral through independent
review by 3 staff members instead of 2
* Monitoring reviewers' performance with ongoing independent checks of
randomly selected cases
* Using more face-to-face mental health evaluations.
"It's a very low number, and we're actually pleased we only found 16
errors. But we're concerned obviously if there's only one error. As a lot
of people and agencies, we strive for perfection," Mr. Zimmerman said.
The Souers family could not be reached for comment for this story.
Mark Plowden, a spokesman for South Carolina Attorney General Henry
McMaster, said the review's results are "disturbing."
South Carolina law differs substantially from Florida's. Here a
five-person multi-disciplinary team evaluates a qualifying sex offender's
background to determine whether he should be reviewed for commitment. A
second 3-person panel makes a recommendation to the attorney general, who
then must decide whether to take the case to a judge.
After finding probable cause, a judge assesses whether a subsequent mental
health evaluation of the offender meets legal standards for commitment. A
jury ultimately decides whether to commit an offender.
"Any case of human error or computer error or otherwise that escapes
review of the civil commitment process could turn out to be an offender on
the loose that could result in someone being killed or sexually attacked,"
Mr. Plowden said. "It's certainly nothing to be proud of."
Inman was paroled in September 2005, just 16 years into a possible
150-year sentence for sex crimes in North Carolina and Florida. His
convictions predated "truth in sentencing" laws that require offenders to
serve 85 % of their sentences.
In 1988, Inman was convicted of a sexual assault on 2 men in North
Carolina. In 1989, he was convicted of a 1987 rape of a woman in Florida.
Inman is charged with murder, rape and kidnapping in the death of Ms.
Souers, a 20-year-old civil engineering student from Ladue, Mo. She was
found naked except for a bra and a bikini top around her neck that was
used to strangle her.
Thirteenth Circuit Solicitor Bob Ariail is pursuing the death penalty
against Inman. A gag order prevents him from speaking about the case to
the news media without permission from a judge.
Inman also is charged with violent sexual assaults in Alabama and
Tennessee in the days leading up to Ms. Souer's death.
Florida's 4-step commitment process involves: collection of background
information; review of the information by 2 licensed psychologists or
psychiatrists to determine whether the offender is a sexually violent
predator; a face-to-face evaluation; and a civil petition and jury trial
to commit the offender to a secure facility.
The report found that "had the second offense been known and considered,
the screeners would likely have referred Inman for a face-to-face mental
health evaluation before deciding whether he should be recommended for
civil commitment," Mr. Zimmerman said.
The department released a statement in June offering sympathies to the
Souers family and saying it regretted a different decision was not made.
Mr. Plowden welcomed the changes Florida is now implementing.
"Of course mistakes are going to happen, yes. But a mistake in the traffic
ticket division is one thing. But a mistake in this part of the law could
easily be fatal," he said. "The more eyes that comb these files for a
mistake and the more oversight the better. That goes without saying."
(source: Anderson Independent Mail)