In re the Matter of the Detention of John Charles Anderson

Summary

The Washington Supreme Court reviewed the civil commitment of John Charles Anderson as a sexually violent predator. The court held that the trial court abused its discretion by denying public funding for an additional defense expert and remanded for a new trial. It also held that Anderson’s sexual activities with vulnerable copatients could satisfy the recent overt act requirement, subject to proof at the new trial.

Holdings

1. The sexual activities found by the trial court could constitute overt acts because, in light of Anderson's history and mental condition and the expert testimony, they created a reasonable apprehension of sexually violent harm in the mind of an objective person. The most recent reported activity, occurring two months before the petition, was recent under the court's SVP precedents. The issue remained subject to proof at the new trial.
2. The trial court abused its discretion by denying Anderson's request to appoint Dr. Wollert, or another appropriate expert, to conduct a forensic psychosexual evaluation and testify for the defense. Anderson demonstrated good cause, including the distinct meaningfulness of the proposed testimony, the expert's availability, and the lack of undue prejudice or delay to the State.

Questions Presented

1. Whether Anderson's sexual activities with vulnerable patients at Western State Hospital constituted recent overt acts under chapter 71.09 RCW.
2. Whether the trial court abused its discretion by denying Anderson's request for appointment of Dr. Richard Wollert, or another additional expert, to perform an evaluation and testify for the defense.

Disposition

affirmed