In Re the Care & Treatment of Bemboom v. State
2010 Mo. App. LEXIS 1695
| Mo. Ct. App. | 2010Background
- Bemboom pleaded guilty to first degree sexual assault and deviate sexual assault in 2003 and received a five-year sentence.
- Before release, Dr. Weitl filed an end-of-confinement report diagnosing paraphilia and antisocial personality disorder and predicting a high risk to re-offend.
- In 2008 the State petitioned to civilly commit Bemboom as a sexually violent predator under section 632.486, and probable cause was established for an evaluation.
- Dr. Franks evaluated Bemboom, reviewing extensive records and diagnosing paraphilia not otherwise specified and antisocial personality disorder, and opined these caused serious difficulty controlling his behavior.
- Dr. Franks based his opinion on Bemboom's long history of offending, pattern of deviant behavior, repeated failures of treatment, and high reoffense risk.
- Following a three-day jury trial, Bemboom was found to be a sexually violent predator and committed; this appeal followed challenging Dr. Franks's testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Franks's testimony established a mental abnormality causing serious difficulty controlling behavior | Bemboom contends Franks failed to show serious difficulty controlling behavior. | State argues Franks linked paraphilia and antisocial personality disorder to serious difficulty controlling conduct. | Yes; sufficient evidence showed serious difficulty controlling behavior. |
Key Cases Cited
- In re Care & Treatment of Elliott v. State, 215 S.W.3d 88 (Mo. banc 2007) (pattern of reoffending supports serious difficulty controlling behavior)
- In re Care & Treatment of Francis, 159 S.W.3d 873 (Mo. App. S.D. 2005) (paraphilia constitutes serious difficulty controlling behavior)
- In re Care & Treatment of Collins, 140 S.W.3d 121 (Mo. App. E.D. 2004) (repeated treatment failure and supervision trouble support intent)
- In re Care & Treatment of Pate, 137 S.W.3d 492 (Mo. App. E.D. 2004) (ongoing offenses and substance abuse evidence serious difficulty)
- In re Care & Treatment of Murrell v. State, 215 S.W.3d 96 (Mo. banc 2007) (constitutional standard requires linkage to serious difficulty controlling behavior)
- In re Care & Treatment of Barlow v. State, 250 S.W.3d 725 (Mo. App. W.D. 2008) (credibility and weight for juries; clear and convincing standard)
- Thomas v. State, 74 S.W.3d 789 (Mo. banc 2002) (statutory definition requires mental abnormality to cause serious difficulty)
- Kansas v. Crane, 534 U.S. 407 (2002) (establishes dangerousness linked to mental abnormality; not require absolute lack of control)