| For Immediate Release Case # M-12195 August 31, 2012 |
Susan Kang Schroeder Chief of Staff Office: 714-347-8408 Cell: 714-292-2718 Farrah Emami
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OCDA WARNS PUBLIC THAT RAPIST/REPEAT SEX OFFENDER WILL BE RELEASED INTO COMMUNITY TODAY
SANTA ANA – The Orange County District Attorney’s Office (OCDA) is warning the public that a rapist who continually fails to register as a sex offender will be released into the community after a jury determined that he did not meet the criteria of a sexually violent predator (SVP). Dennis Craig McDaniel, 55, will be released this evening, Aug. 31, 2012, and has indicated that he plans to move to Fort Worth, Texas, to a residential treatment facility. McDaniel is no longer on parole but will be required to register as a sex offender within five days of release and be listed on the Megan’s Law website.
Deputy District Attorney Peter Finnerty tried the case on behalf of the OCDA and following the jury’s decision today argued a motion for a new trial. The motion was denied by the Honorable David Hoffer and the respondent was ordered released.
The OCDA believes McDaniel poses a danger to the community based on his numerous sexual crimes of a predatory nature, repeated failure to register as a sex offender, and multiple parole violations indicating that he in incapable of following the law.
SVP Criteria
Under the law, persons convicted of a sexually violent offense are subject to mental health reviews by the Department of Mental Health (DMH) once they have completed their criminal sentence. If DMH determines that the respondent is likely to reoffend a sexually violent crime, the OCDA may file a petition to have the respondent civilly committed and a jury is presented evidence in a trial to decide if the respondent is a continued threat to the community.
There are three criteria that must be met in order to designate a person as a SVP. First, the respondent must have committed at least one sexually violent offense. Second, he/she must be diagnosed with a mental disorder. Finally, it must be found that he/she is likely to re-offend unless he/she is held in custody and treated.
If a unanimous jury finds beyond a reasonable doubt that the respondent meets the SVP criteria, the respondent is committed to a secure mental care facility for treatment until he/she is safe for release.