2-17-2011 Pennsylvania:
Milliron requires exam of Civiello, who maintains innocence
HOLLIDAYSBURG - A Blair County judge is requiring a Pennsylvania Sexual Offenders Assessment Board examination of a convicted child molester before releasing him from prison, even though his term has concluded.
Judge Daniel J. Milliron is also requiring to know where Douglas A. Civiello, now 68, intends to live.
"The court has before it a very unique case," said Milliron during a hearing late last week.
Civiello was found guilty in January 1983 of statutory rape, involuntary deviate sexual intercourse and corruption of a minor for the abuse of a 13-year-old girl who visited his home repeatedly during the summer of 1980.
Civiello's case, like thousands of others during the 1980s, crawled through the justice system because of a huge backlog of criminal cases.
He was sentenced in August 1990 by Blair County Judge Norman D. Callan, who gave him nine to 18 years.
Civiello served the entire 18 years, after being denied parole because he would never admit to the crimes and because that lack of admission made him ineligible for a state sexual therapy program.
He is now eligible for release from prison but finds himself on an additional five years' probation for a theft charge.
The five-year probationary sentence was imposed by Judge Hiram Carpenter and is known in the state parole and probation system as a "tail."
The tail represents a "special probation," according to Leo Dunn, a spokesman for the Pennsylvania Board of Probation and Parole.
It is called "special probation" because Civiello still maintains his innocence, refuses to admit guilt and enroll in a sexual offender's program or tell authorities where he intends to live when released.
The state has turned the case over to the Blair County Adult Probation and Parole Office, which brought it before Milliron with the recommendation that Civiello remain incarcerated.
Milliron said that releasing a convicted sex offender who refuses to admit his crime into the community poses a risk, and he stated during the hearing last week he intends to see that the children of the community are protected.
Milliron may not have a choice whether to release Civiello, however, based on a Jan. 20 decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia. In that case, a three-judge panel of the 3rd Circuit ordered the immediate release of an 82-year-old man who had served 47 years behind bars for the rape and murder of a 12-year-old girl in 1966.
Louis C. Thomas had his life sentence commuted in 1995 by Gov. Robert Casey. He became eligible for parole in 1996 but essentially was kept in prison for all but a short period of time because, like Civiello, he refused to admit his guilt and participate in sexual offender's therapy.
The 3rd Circuit Court in its January opinion stated, "The record demonstrates that, but for the [State Board of Parole and Probation] requirement that Thomas complete a sex offender therapy program in which he must admit guilt, Thomas would have been released."
The court was referring to the fact that Thomas was briefly paroled after the Third Circuit ordered his release but recommitted for parole violation.
Sexual therapy requirements were not instituted in Pennsylvania until 1996, the 3rd Circult said, and to force Thomas to comply with those criteria represented a violation of the U.S. Constitution.
The 3rd Circuit ordered Thomas released "as soon as his attorney has found suitable accommodations for him."
Milliron mentioned the Thomas decision during Civiello's hearing, noting it may force him to release the sexual offender.
The judge was told that Civiello's son in Altoona offered his home as place for his father to reside. The son's former wife, who is half-owner of the home, spoke up in court and said she would not permit it because children visit the home.
"I'm not going to let [Civiello] live in a home when one of the co-owners says 'no,'" Milliron said, adding he also would not allow Civiello, if released, to live near a school or in "a place with kids."
Milliron made it clear, however, that if the law mandates he release Civiello he will, regardless of the criticism he may have to face.
"We are going to follow the law, not just do what is popular," he said.
Since Friday's hearing, Milliron has taken steps to ensure the community's safety, requesting an evaluation of Civiello by William Allenbaugh, a psychologist and an expert in sexual therapy.
Milliron said he respects Allenbaugh and has ordered the county pay $400 for the assessment of Civiello.
Civiello is considered "uncooperative" with state officials, according to court papers.
He told Milliron last week he won't admit to sexually abusing the young girl because he entered a not guilty plea in 1980 and it would be perjury to now admit to the crime.
The victim in the case was 23 by the time of his sentencing.
"It's not right they should make you wait 10 years," she said at the time, according to a Mirror story.
Civiello's former wife received 18 months for her role in the case.
The delay in the case was an issue, but the Pennsylvania Superior Court upheld Civiello's conviction and sentence in 1993. ..Source.. by Phil Ray
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