State Opposes Release of Rapist

State officials recommended Tuesday that a convicted Marin County serial rapist remain locked up at a state mental hospital for at least two more years because they believe he is a danger to society.

The state Department of Mental Health asked the Marin County district attorney to petition a judge to keep Patrick Henry Ghilotti from becoming the first sexual predator to be released after completing a controversial medical treatment program designed to crack down on repeat sex offenders.

“We consider Mr. Ghilotti a risk to re-offend and our only alternative is to recommend to the Marin County officials to commence proceedings to recommit him,” said Nora Romero, a Department of Mental Health spokeswoman.

This summer, a judge ruled that Ghilotti, 45, an eight-time rapist who has spent almost half his life in a prison or mental hospital, was safe to be released under strict conditions, including being fitted with a global positioning device to track his movements and taking testosterone-lowering drugs. The judge based his decision on testimony from several doctors.

But the release negotiations stalled in October when Ghilotti refused to accept several state conditions--including limited visits with his wife and no use of the Internet. State officials also refused to budge after spending months in a frantic search to find housing for him.

The impasse set the stage for Ghilotti’s unconditional release on Dec. 1 under the tough sexually violent predator law. That 1996 law enables state officials to recommit offenders every two years until they are no longer deemed a threat.

After serving two prison terms for rape, Ghilotti was sent to Atascadero State Hospital in 1998 and had already served two years more than his original sentence when he petitioned for release last year.

Marin County officials confirmed Tuesday that they are reviewing the case to see whether they have legal reason to keep Ghilotti behind bars. They said they would make a decision by Thursday.

But state officials said the clock is ticking and have urged local prosecutors to make haste or else Ghilotti can leave custody with few restrictions, other than reporting to local police as a sex offender.

“If they don’t act, our only recourse come Dec. 1 would be to offer Mr. Ghilotti transportation to any address he wants in Marin County, the place where he was convicted,” Romero said.

Marin County Deputy Dist. Atty. Alan Charmatz said state officials have put his office in a difficult position. He said the Department of Mental Health should have agreed to what he believes were reasonable conditions set forth by a judge this summer.

“This case has put us between a rock and hard spot,” he said. “I absolutely think we should have done everything we could to make slight modifications to ensure Ghilotti stayed on the conditional release program the judge spelled out--instead of being where we are now.

“That would have been a better way to protect society. But we can’t go back and change that now.”

Romero said two independent evaluators have examined Ghilotti to determine if he is still mentally impaired, but she would not disclose the results of their tests.

Romero said the state’s recommendation was based on testimony by doctors at various court hearings and reports by halfway house officials in Marin County. “Mr. Ghilotti blew his chance when he turned down the terms and conditions of his release,” she said.

Ghilotti has said he preferred to be released under state supervision.

On Tuesday, one of Ghilotti’s victims applauded the state’s decision. “This man has never publicly claimed any remorse for what he did,” she said. “He excuses it by saying that other people make him angry and that he’s forced to act out.

“Well, the idea that no one for rest of his life is going to make him boiling mad is ridiculous. . . . Behind bars is the best place for Patrick Ghilotti to be.”