Posted on 08/24/2007 7:56:43 PM PDT by Diana in Wisconsin
(Offender will be in secure treatment for indefinite term)
Waukesha, WI - A convicted sex offender whose thoughts and fantasies about children, rather than actions against them, prompted authorities to revoke his parole two years ago now faces indefinite secure commitment for treatment after a jury verdict Thursday branded him a sexual predator.
The case likely will spark debate in the legal community over whether it presages a new dimension to the 13-year-old Wisconsin sexual predator law or merely highlights one of many factors already considered in determining the likelihood of sex offenders striking again.
Michael Monyelle's lawyer, Steven Prifogle, said there never would have been a case to bring to the jury if his client hadn't volunteered his thoughts about children to his parole officer.
"I think this could eventually have a very chilling effect for the people who are on probation or parole," Prifogle said. "You want them to be forthcoming about things."
Treatment orders
But Kevin St. John, a spokesman for the state Department of Justice, said the jury agreed with prosecutors that Monyelle is "a sexually violent person," referring to a predator law term.
"He is not being punished for his thoughts," St. John said. "He is being ordered for treatment."
Assistant Attorney General Jeffrey Gabrysiak, who prosecuted the case, told the jury that Monyelle "has a problem, and his problem needs to be addressed." The case, he said, was about prevention.
Gabrysiak also said the thoughts that landed Monyelle in hot water were shared only after he was confronted about violating an aspect of his parole.
"He only volunteered his thoughts when he was asked," Gabrysiak told the jury. "Either he volunteered this information because he was confronted or it was a cry for help."
With the verdict after a 2 1/2 -day trial, Monyelle, 30, now faces a commitment that likely will be lengthy and possibly could last the rest of his life.
While more than 300 people have been committed under the predator law since it was enacted in 1994, just 18 are in the community; one more is set for release this fall.
Past convictions
Monyelle, of Waukesha, was placed on 10 years of probation in 1997 on two counts of second-degree sexual assault of a child for relationships he had with two girls, one 16 and the other 14.
Both girls considered Monyelle their boyfriend, but they both were legally underage.
In 1999, Monyelle's probation was revoked and he was sent to prison because of inadequate participation in a treatment program for sex offenders.
In 2004, he was paroled with a requirement that he participate in treatment.
The following year, he was taken into custody three times, according to records, for having deviant thoughts about children that he did not report to his treatment group and delayed reporting to his probation agent.
His parole was revoked in 2005 because of the thought patterns and improper visits to sites, including shopping malls, where Monyelle encountered children.
A petition to have him committed as a sexually violent person was filed last year as Monyelle was nearing release from prison.
During his trial before Waukesha County Circuit Judge Lee Dreyfus Jr. this week, two state psychologists testified that Monyelle was at risk to re-offend while one psychologist, retained by the defense, concluded he was unlikely to do so.
He shared thoughts
Monyelle's former probation agent testified during the trial that Monyelle shared his fantasies about children when he underwent standard questioning about his thought patterns. The thoughts included sexual imaginings about children he saw on television and thoughts about abducting and sexually assaulting children he encountered in public.
Monyelle did not testify during the trial.
In his closing argument Thursday, Gabrysiak said that in addition to Monyelle's adult convictions for sexual assault involving the girls, he was found delinquent at age 16 for having sexual contact with a 9-year-old boy.
Gabrysiak also said Monyelle lied about the nature of the encounter during a recent interview with the psychologist retained by the defense, something the prosecutor said indicated dangerousness and a need for treatment.
He also said Monyelle had a habit of improperly visiting public places - including shopping malls, a toy store and a library - in hopes of encountering children, something that amounted to "planning and partial execution."
"He had to plan to go to Toys 'R' Us," Gabrysiak said of one of Monyelle's trips.
Prifogle conceded that Monyelle "may need some more treatment." But he added, "We wouldn't be here if he hadn't made those statements about his thoughts."
Sorry, but I couldn't begin to compare this to adult predators who target minors.
Twenty and sixteen is no doubt illegal, but not that big of a deal. Twenty and fourteen???? No way!
This guy needs to stay locked up, not for that, but his “admitted” intents to visit toy stores, etc.
I can’t speak for all the facts in the case but this dude was 20 when he had relationships with a 16 year old and a 14 year old? I don’t want to ENCOURAGE 20 year olds to get with 14 year olds, of course, but in this world women have been known to lie (Rob Lowe’s situation) and it’s just NOT THE SAME.
This guy maybe should have had some punishment but he should not be classified LIFELONG as a SEX OFFENDER for having sex with teen girls when he had JUST turned from being a teen himself. That’s absurd.
Meanwhile, these teachers who are far older than their students get slaps on the wrist. But they’re women, so it’s all good.
IF a child can be held responsible for taking a life (and punished as an adult) when will they start holding them responsible for their sexual decisions? AFter all, an 18 year old who is drinking can be punished for being ‘under age.’
You nailed it.
12 year old girls dress like street walkers, public schools teach pre-adolescents about fag sex, film and music have no boundries whatsoever, Monicagate, the works - and with the other hand we're sending young people to prison for fooling around, complimenting a woman at work will get you fired for harassment, and the moral outrage of the month is some knuckle dragging athlete put on a dogfight somewhere.
Amsterdam and the Taliban simultaneously.
From what I’ve read, he DID show LOTS of signs that he was mentally whacked out but no one had him committed, but you make a valid point.
And theres the rub. If a person can be incarcerated simply because of thought we all will eventually be in danger. Because the government then says it has access to our minds and can judge us according to what we think. Government will have truly become our god.
No you don't, the Clintons' have all the files...
A couple of years ago, I think the Canadians arrested a guy in Vancouver, BC for writing pedophillic stories on his PC for his own "enjoyment".
(also a convicted sex offender, iirc, but I don't remember the details)
If my thought-dreams could be seen
They'd probably put my head in a guillotine
But It's alright, Ma...
It's life, and life only.
Regardless of how reprehensible this guy's thoughts might be, in a free society, we punish bad behavior, not bad thought.
My opinion may go against that of other Freepers, but this guy should appeal, and should justly win such appeal....
- John
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