Judge Plans to Set Serial Rapist Free

SAN FRANCISCO —  A Marin County judge Thursday gave state mental health officials 24 hours to come up with new evidence against a convicted serial rapist, or he will release the man on Saturday.

Superior Court Judge John S. Graham denied a request filed by Marin County prosecutors to keep Patrick Henry Ghilotti confined in Atascadero State Hospital for at least another two years.

He set a new hearing for 2 p.m. today.

“He’s going to dismiss the whole thing,” said Deputy Dist. Atty. Alan Charmatz. “He’s going to rule against us and release this man barring some miracle tomorrow.”

Ghilotti, an eight-time rapist who has spent nearly half his life behind bars, is the first man to complete the state’s sexually violent predator treatment program.

Under a controversial new state law passed in 1996, officials can recommit a sexual predator every two years until the inmate is no longer deemed a threat. After three years at Atascadero, Ghilotti last year petitioned the court for his release.

In summer, Graham ruled that the 45-year-old Ghilotti could be released into the community under strict conditions including being fitted with a global positioning device to track his movements. But Ghilotti last month refused to accept several state demands--including limitations on visits with his wife and use of the Internet--setting the stage for Thursday’s court standoff.

Prosecutors tried to invoke a law that says an inmate held under the sexually violent predator law can be kept in custody if the state Department of Mental Health believes he is still a danger.

But the judge was not moved by letters from the Department of Mental Health director Stephen Mayberg or Atascadero’s medical director claiming Ghilotti still posed a threat. Three independent evaluators solicited by state officials have already said Ghilotti should be set free.

“We felt the issue of public safety being as important as it is, it was worth asking the court to litigate,” Charmatz said. “But the judge said he had no power or jurisdiction over Mr. Ghilotti.”

Nora Romero, a spokeswoman for the state Department of Mental Health, would not comment until she had more information on the judge’s decision.

Charmatz said he spoke late Thursday to lawyers from the state attorney general’s office, who he said planned to file a last-minute appeal to a higher court ruling.

While he would not be specific about their next move, a spokesman for the state attorney general’s office said officials would watch today’s Marin County court hearing closely. “We will be prepared to take appropriate steps depending on the outcome,” said Nathan Barankin.

But Charmatz said he wasn’t holding out much hope.

“Unless something incredible happens, Ghilotti goes free,” he said. “And how many miracles have you seen in your lifetime?”