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http://www.jsonline.com/news/waukesha/96193009.html
Waukesha - A state psychologist and expert on violent sexual predators
testified Friday that Dennis Marth, a convicted pedophile released by a
court to live in Waukesha in 2007, has progressed well enough in
treatment and under state supervision that he qualifies for discharge
from a court-ordered commitment.
Waukesha County Judge William Domina will hear closing arguments Tuesday
and indicated he would rule then whether Marth, 49, should be released
from all oversight except as a registrant on the state's sexual offender
registry.
Marth was convicted in 1986 of fondling two young boys - among seven he
was accused of sexually assaulting in 1984 and 1985. His history, for
which no criminal charges were filed but which were reviewed in court,
includes a citation for indecent exposure to two girls, leaving nude
pictures on a sidewalk outside a business, following 17 boys into a park
bathroom over the course of three hours, and voyeurism.
Before his mandatory release date from prison, the district attorney
successfully sought to have him committed in 2001 under the state's
violent sexual predator law to the secure inpatient Sand Ridge Treatment
Center.
He was granted supervised release in 2007 - the first such person placed
in Waukesha County and said at the time to be one of the most closely
watched sex offenders in the state. For the first year he was under
virtual house arrest, accompanied by escorts anytime he left the home
near the courthouse. He remains on electronic and satellite
surveillance, subject to scheduled and random visits by state agents,
polygraph tests and random checks of his home and belongings. He also is
in treatment.
That would all end - unless he voluntarily continues treatment - if he
is discharged from commitment.
In court Friday, Christopher Snyder, a psychologist with Sand Ridge,
said Marth has cooperated with treatment over the past 10 years and has
made "dramatic improvement" in controlling his sexual deviancy.
"There is no cure for this type of behavior," he said, but he added that
it can be controlled.
Snyder said Marth no longer shows a preoccupation with or acts on his
fetishes or fantasies, and has greatly improved his interpersonal
relationships, including marrying a woman two years ago whom he's known
for a decade. They have participated in couples therapy and have a
positive relationship, he said.
The supervision level has gradually decreased, and now he works full
time for a cleaning service. Snyder said no rule violations of
consequence have been reported. Although he would prefer to work a
construction job, he is unable to because of the supervision
restrictions, Snyder said.
The district attorney has the burden of proof that Marth still needs to
be committed.
Under Assistant District Attorney Susan Opper's questioning, Snyder
acknowledged that Marth could stop counseling and medication, start
drinking and obtain pornography on the Internet as soon as he's discharged.
Opper also drew attention to Snyder's evaluation that noted Marth was
deceptive on a March 2009 polygraph test, acknowledging that he had set
up a secret bank account. In testimony, Snyder also reviewed a scorecard
used in helping to assess whether Marth would be likely to reoffend.
Snyder testified that Marth's score still puts him in the "high risk,
high need group," in a category of offenders who have a 38% rate of
reoffending within 10 years. While the scoring system probably
underestimates recidivism, he said, Marth's circumstances could make him
less likely than the similarly scored group to reoffend.
Waukesha - A state psychologist and expert on violent sexual predators
testified Friday that Dennis Marth, a convicted pedophile released by a
court to live in Waukesha in 2007, has progressed well enough in
treatment and under state supervision that he qualifies for discharge
from a court-ordered commitment.
Waukesha County Judge William Domina will hear closing arguments Tuesday
and indicated he would rule then whether Marth, 49, should be released
from all oversight except as a registrant on the state's sexual offender
registry.
Marth was convicted in 1986 of fondling two young boys - among seven he
was accused of sexually assaulting in 1984 and 1985. His history, for
which no criminal charges were filed but which were reviewed in court,
includes a citation for indecent exposure to two girls, leaving nude
pictures on a sidewalk outside a business, following 17 boys into a park
bathroom over the course of three hours, and voyeurism.
Before his mandatory release date from prison, the district attorney
successfully sought to have him committed in 2001 under the state's
violent sexual predator law to the secure inpatient Sand Ridge Treatment
Center.
He was granted supervised release in 2007 - the first such person placed
in Waukesha County and said at the time to be one of the most closely
watched sex offenders in the state. For the first year he was under
virtual house arrest, accompanied by escorts anytime he left the home
near the courthouse. He remains on electronic and satellite
surveillance, subject to scheduled and random visits by state agents,
polygraph tests and random checks of his home and belongings. He also is
in treatment.
That would all end - unless he voluntarily continues treatment - if he
is discharged from commitment.
In court Friday, Christopher Snyder, a psychologist with Sand Ridge,
said Marth has cooperated with treatment over the past 10 years and has
made "dramatic improvement" in controlling his sexual deviancy.
"There is no cure for this type of behavior," he said, but he added that
it can be controlled.
Snyder said Marth no longer shows a preoccupation with or acts on his
fetishes or fantasies, and has greatly improved his interpersonal
relationships, including marrying a woman two years ago whom he's known
for a decade. They have participated in couples therapy and have a
positive relationship, he said.
The supervision level has gradually decreased, and now he works full
time for a cleaning service. Snyder said no rule violations of
consequence have been reported. Although he would prefer to work a
construction job, he is unable to because of the supervision
restrictions, Snyder said.
The district attorney has the burden of proof that Marth still needs to
be committed.
Under Assistant District Attorney Susan Opper's questioning, Snyder
acknowledged that Marth could stop counseling and medication, start
drinking and obtain pornography on the Internet as soon as he's discharged.
Opper also drew attention to Snyder's evaluation that noted Marth was
deceptive on a March 2009 polygraph test, acknowledging that he had set
up a secret bank account. In testimony, Snyder also reviewed a scorecard
used in helping to assess whether Marth would be likely to reoffend.
Snyder testified that Marth's score still puts him in the "high risk,
high need group," in a category of offenders who have a 38% rate of
reoffending within 10 years. While the scoring system probably
underestimates recidivism, he said, Marth's circumstances could make him
less likely than the similarly scored group to reoffend.