Update: Judge will allow sexually violent predator to move into East Palo Alto home

BY EMILY MIBACH
Daily Post Staff Writer

Update, Dec. 2 — Judge Jeffrey Finigan yesterday (Dec. 1) ruled that a man deemed a “sexually violent predator” can move into a home on Beech Street in East Palo Alto over the objections of the District Attorney, Police Department and many residents. Of particular concern is that Lamar Johnson, 60, will be living near six schools.

The DA’s office and police thought that Judge Finigan was only going to take testimony from residents yesterday and make his ruling later. But after hearing from three residents and Acting Police Chief Jeff Liu, the judge said he had decided to allow Johnson to live at the home at 903 Beech St.

Johnson will be wearing an ankle monitor and will have restrictions as to where he can go, according to Chief Deputy District Attorney Sean Gallagher.

The DA’s office has until Friday to submit additional restrictions for Finigan to consider.

Johnson will receive assistance from a firm called Liberty Health Care, which also provided the treatment to Donald Robinson, the previous sexually violent predator who lived at the house until recently. Residents also vehemently opposed Robinson’s placement.

Residents and officials in East Palo Alto voiced opposition to Johnson’s placement in a home at 903 Beech St. because it is near two elementary schools and four high schools.

“Many East Palo Alto parents hold more than one job in order to financially support their families. This requires them to be away from their homes and families for most of the day — in this case, leaving their young adults vulnerable to Mr. Johnson,” said a letter sent to Finigan from the City Council and signed by Mayor Carlos Romero.

Serial attacks

Johnson was convicted in Santa Clara County in 1983 of raping a 24-year-old woman in San Jose and his 15-year-old neighbor in an apartment complex in Santa Clara. After being released, Johnson was then convicted in 1992 for the rape of a woman at his apartment in Menlo Park. Johnson was also suspected of two rapes that occurred in Denver in 1992, but police at the time did not have enough evidence, according to a court filing.

Johnson has now served the majority of his 36-year sentence and meets the requirements to be released. But a judge must decide where he can go.

The process for release

Under state law, people who are convicted of certain violent sex crimes are evaluated before their release from prison to see if they meet the criteria for being classified as a “sexually violent predator.” The criteria include being diagnosed with a mental disorder that makes the person likely to commit additional violent sex crimes.

If they meet the criteria, the offender is committed to a state mental hospital. The offender can then petition the court once a year to be released. The Department of State Hospitals, or DSH, can also recommend the release of an offender.

A judge must sign off on the release and choose which county will get the offender.

Once a county is picked, the DSH lets officials in that county know and they’re invited to create a housing search committee. If the county declines to do so, DSH will do the search, looking at housing ads, talking to real estate agents and driving around neighborhoods. The department contacts property owners to see if they are willing to rent to a sex offender.

DSH said it checks the distance from the home to schools and parks and determines the ages of children living in the neighborhood.

If a judge gives preliminary approval to a housing site, neighbors are then notified and a date is set for a court hearing.

DSH said that it pays for the housing of sexually violent predators.

Original story, Dec. 1 — Judge Jeffrey Finigan today (Dec. 1) will hear East Palo Alto residents’ concerns over the potential placement of a man deemed a sexually violent predator into a home on Beech Street.

Judge Finigan is not slated to make a final decision today, but rather to hear from the public before setting further proceedings regarding where Lamar Johnson, 61, will live, said District Attorney Steve Wagstaffe, whose office is working with East Palo Alto Police to oppose the placement.

Those who want to make arrangements to speak during the 9 a.m. hearing are asked to call (650) 261-5124 or email [email protected].

Home is near six schools

Residents and officials in East Palo Alto have voiced opposition to Johnson’s placement in a home at 903 Beech St. because it is near two elementary schools and four high schools.

“Many East Palo Alto parents hold more than one job in order to financially support their families. This requires them to be away from their homes and families for most of the day — in this case, leaving their young adults vulnerable to Mr. Johnson,” a letter signed by Mayor Carlos Romero says.

Romero said during a council meeting on Nov. 16 that the community is concerned about Johnson because of the crimes he committed and noted that he is not from East Palo Alto.

Under state law, people who are convicted of certain violent sex crimes are evaluated before their release from prison to see if they meet the criteria for being classified as a “sexually violent predator.”

The criteria include being diagnosed with a mental disorder that makes the person likely to commit additional violent sex crimes.

Once a county is picked, the Department of State Hospitals lets officials in that county know and they’re invited to create a housing search committee. If the county declines to do so, DSH will do the search. If a judge gives preliminary approval to a housing site, neighbors are then notified and a date is set for a court hearing.

About his crimes

Johnson was convicted in Santa Clara County in 1983 of raping a 24-year-old woman in San Jose and his 15-year-old neighbor in an apartment complex in Santa Clara. After being freed, Johnson was convicted in 1992 for the rape of a woman at his Menlo Park apartment.

8 Comments

    • That would be the perfect place for him. He would receive the best of care, including 24hr observation AND supervision, in addition to an ankle monitor. Judge Finigan would DEMAND nothing less than that.

  1. Seriously? Next to schools…..???? To whoever is deciding this is a good idea, you guys don’t know what you’re doing. Putting this VIOLENT Predator around all these kids who walk around the area, seems like a good idea? No. Looking at his history, he was convicted then released and then immediately did the same thing and to a younger person and who knows who else. Not a good idea, at all.

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