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In re The Care and Treatment of Boughton

Court of Appeals of Missouri, Southern District, First Division

July 23, 2014

IN THE MATTER OF: THE CARE AND TREATMENT OF WILLIAM BOUGHTON, a/k/a WILLIAM E. BOUGHTON, a/k/a WILLIAM EDGAR BOUGHTON, Appellant,
v.
STATE OF MISSOURI, Respondent

Page 369

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY. Honorable Ronda L. Cortesini, Associate Circuit Judge.

For Appellant: Erika R. Eliason, of Columbia, Missouri.

For Respondent: Chris Koster, Attorney General and Mary H. Moore, Assistant Attorney General, of Jefferson City, Missouri.

WILLIAM W. FRANCIS, JR., C.J. - OPINION AUTHOR. NANCY STEFFEN RAHMEYER, P.J. - Concurs. DANIEL E. SCOTT, J. - Concurs.

OPINION

Page 370

WILLIAM W. FRANCIS, JR., C.J.

William Boughton (" Boughton" ) appeals the judgment of the Probate Division of the Circuit Court of Pulaski County (" the trial court" ) committing him to the custody of the Missouri Department of Mental Health (" MDMH" ), pursuant to the Sexually Violent Predator Act (" SVP Act" ), sections 632.480-.513, after a jury found he was a " sexually violent predator" (" SVP" ), as defined in section 632.480(5).[1] We affirm the judgment of the trial court.

Factual and Procedural Background

Boughton was born in 1941. When Boughton was 4 years old, his father went to prison and his mother placed him and his sisters up for adoption. Boughton was placed with a foster family and although Boughton described his foster family in positive terms, there were some difficulties with this placement and he was eventually taken into custody by the State.

Boughton's significant history, for SVP purposes, was:

o In 1960 - charged with endangering the welfare of a 13-year-old child;
o In 1969 - charged with indecent exposure;
o In 1988 - convicted of a sexual assault involving his 15-year-old daughter[2] and was sentenced to the Department of Corrections (" DOC" ), where he served part of his sentence and was paroled.
o In 1992 - while on parole, Boughton was arrested for sodomizing a 16-year-old girl; and
o In 2002 - at the age of 61, he was convicted of child molestation in the first degree and received a 10-year sentence in the DOC.

During each of his incarcerations, Boughton was enrolled in the Missouri Sex Offender Treatment Program (" MOSOP" ). Boughton would have been eligible for early release from the DOC had he successfully completed the MOSOP. However, he was unsuccessful in completing the MOSOP in 1990 and 1993. In 2010, Boughton was again offered an opportunity to complete the MOSOP, but elected not to participate because he did not want to be paroled and " have anybody supervising" him when he was released.

Boughton also developed numerous medical conditions over the years, including the loss of an eye to cancer in 1988, and subsequent diagnoses of chronic obstructive pulmonary disease, emphysema, arthritis of the lumbosacral spine, lung hyperaeration and scarring, and atherosclerotic disease with a partial blockage of the abdominal aorta. In 2012, Boughton had hip surgery after an altercation with an inmate in which he was the aggressor.

On February 21, 2012, before Boughton's release date of March 19, 2012, the State filed a petition to involuntarily commit Boughton as an SVP.

A jury trial was conducted on May 20 and 21, 2013. On the first morning of trial, the trial court took up Boughton's " Fourth Motion in Limine: Polygraph Results."

Page 371

Boughton requested that any evidence regarding his polygraph test and its results be excluded from the evidence. The State assured the trial court it would make sure there was no discussion of a polygraph or its results. The trial court then sustained the motion.

During its case-in-chief, the State presented the testimony of one witness, Dr. Jeffrey Kline (" Dr. Kline" ), a certified forensic psychologist at Fulton State Hospital. Dr. Kline testified that he evaluated Boughton on behalf of the MDMH. He determined that Boughton suffered from a mental abnormality:[3] antisocial personality disorder.[4] He based his diagnosis on the criteria in the Diagnostic and Statistical Manual, IV Edition (" DSM-IV" ). Dr. Kline found Boughton to be an SVP after evaluating his pattern of criminal acts, allegations of sexual assault, and his impulsivity. Dr. Kline further found that Boughton's nonsexual criminal behavior had an impact on Boughton's risk to commit sexually violent crimes in the future because they were a part of his antisocial personality disorder.[5]

Dr. Kline opined Boughton did not understand the impact his violent sexual offenses had on his victims as he placed responsibility for his sexual crimes on his victims. By way of example, Dr. Kline explained that Boughton thought a 13-year-old victim was sexually aggressive and he only responded to her behavior, and that a 16-year-old victim flirted with him and gave him an indication she wanted the sexual encounter.

Dr. Kline gave Boughton a score of 6 on the Static 2002R actuarial instrument. That score placed Boughton in the moderate range of being convicted of a sexually violent crime in the future. It gave Boughton a 24 percent chance of being reconvicted of a sexually violent offense within 5 years, and a 33 percent chance of being reconvicted of a sexually violent offense in 10 years. Dr. Kline testified that at least one of Boughton's sexually violent offenses occurred after he had health problems as identified above.

During redirect examination, the following colloquy ensued:

[State:] [D]o you recall that in 1999, Mr. Boughton was being evaluated by an individual who asked Mr. Boughton a question about ...

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