Rapist to Remain in Custody After Jail Release

A convicted rapist set to be released from jail will go instead to a state mental hospital, a jury decided Monday in Ventura County’s first test of the new violent sexual predator law.

Deliberating for less than three hours, the jury found Ronald Herrera, a 50-year-old former Santa Paula resident, to be a violent sex offender who is likely to attack again and who represents a potential threat to the community.

Herrera, who shook his head in disagreement as the verdict was read, will serve at least two years in a state mental health facility at either Vacaville or Atascadero.

Deputy Dist. Atty. Maeve Fox said she hopes Herrera is never released from custody.

“He should never be released because he has shown he is so dangerous,” she said.

Outside the courtroom, jurors congratulated Fox on her successful prosecution and expressed relief that Herrera would be kept off the streets.

Other jurors said they had no choice but to commit Herrera because he exhibited all the characteristics of a violent sex predator.

“He fit all the criteria that was necessary,” said Ventura juror Yvonne Stein. “I just hope that the system will do a better job of dealing with people who have problems and need help.”

Under recent state legislation, convicts deemed to be sexual predators can be kept in custody for mental health treatment for two years or more after they have served their criminal sentences.

Legally, Herrera could appeal his sentence every two years and be released if his mental health condition improves. But Fox said that scenario is doubtful since Herrera does not believe he needs treatment.

“He doesn’t believe that there’s anything wrong with him,” she said. “It’s just very difficult to treat somebody in his condition.”

Herrera was convicted of raping a mother and her 15-year-old daughter in 1971 and sentenced to 50 years in prison. But he escaped from jail less than a week after the verdict.

In a cross-country crime rampage, Herrera traveled to Virginia where he was convicted of a series of armed robberies and attempted murder. He served 13 years in a Virginia prison before being released.

He returned to California in 1986 and within months was arrested for drunk driving. Local authorities returned Herrera to prison to serve out the 1971 rape convictions.

Herrera was to be released in March, but Ventura County officials decided that he was so dangerous and so in need of mental health treatment that he should be kept in custody under the controversial new sex predator law.

To make her case, Fox read back the testimony of the 15-year-old girl, sharing chilling details of the brutal assault with the jury.

Fox said there was still a chance that either a state appeals court or a U.S. Supreme Court decision could overturn the law, meaning Herrera would be released.

“All I can say is if that happens, people should beware of Mr. Herrera,” she said.

One more hearing is scheduled next week in the case as Herrera, who is representing himself, makes final motions to challenge a judge’s decision to revoke his rights to use the law library because he was a security risk.

“I’ve posed no security problem and I’ve proven that I’m not a risk to anyone,” Herrera said in court.

The judge made his ruling after jail officials found that Herrera was hoarding pencils and refusing to submit to searches.