Opening statements begin this morning in the latest attempt by prosecutors to keep a convicted rapist confined to a state mental hospital for another two years.
Leon Melvin Seymour, 59, is due for release from Atascadero State Hospital but the District Attorney's Office hopes to extend his stay under a California law governing sexually violent predators. Prosecutors garnered a two-year extension in 2002 but must head back to court again to keep him in the specialized hospital wing.
Seymour has six rape convictions and suffers from paraphilia, a mental disorder causing a desire for forcible sexual encounters. To qualify for an extension under the 1996 law, a jury or judge must find that an inmate has at least two prior violent convictions and a psychiatric condition.
In 1982, Seymour was sentenced to 34 years in prison for multiple counts of sexual assault against two separate victims on May 17 and May 24 of that year. At the time, Seymour already had four prior rape convictions on his record from Mendocino County and the city of San Mateo.
Defendants in civil commitments are not required to be at the trial and often remain at the hospital during the process. However, Seymour plans to attend, said Chief Deputy District Attorney Steve Wagstaffe.
A jury was finalized Tuesday and the panel ordered back this morning for opening statements. The trial is expected to last six days.
The last sex offender re-committed was Michael Zasimovitch, also known as Ava Zinlu. Earlier this year, a jury deliberated only 35 minutes before extending the man twice convicted of sodomy and diagnosed with multiple mental disorders. Last August, a different jury hung 9-3 in favor and a mistrial was declared.Â
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