Southeast Missourian

JEFFERSON CITY, Mo. -- A former Poplar Bluff, Mo., man is asking the Missouri Supreme Court to declare unconstitutional the state law that allows the indefinite incarceration of those found to be sexually violent predators.

James Francis was convicted of sodomizing a 5-year-old boy in 1989 in Butler County. After serving his prison sentence, the state sought to prolong his confinement under Missouri's sexually violent predator statute.

In January 2001, a Butler County jury determined Francis was likely to molest other children if released and committed him to the Sexual Offender Treatment Center in Farmington, Mo., a secure facility operated by the Department of Mental Health.

The Supreme Court was to hear Francis' appeal today, but oral arguments were canceled at the request of his attorney. The court will decide the matter based on written arguments submitted by Francis' public defender and the state attorney general's office.

At the trial to determine his status as a predator, a psychologist testifying for the state said Francis was a pedophile and that there was a "good chance" he would offend again.

Francis claims the sexual predator law is unconstitutional in that it doesn't require the state to prove that he can't control his behavior, violating his right to due process under state and federal constitutions.

"That interpretation permits the state to deprive a person of their liberty solely upon proof that he suffers from a mental abnormality that predisposes him to commit sexually violent offenses without also requiring a showing of inability to control conduct," Nancy Vincent, a public defender, said in her written arguments.

Has to prove likelihood

Assistant attorney general Alana Barragan-Scott said in court documents that statute and court precedents only require the state to show that an offender is likely to offend again, not to prove he will never offend again.

The state contends the record shows Francis has a history of molesting at least eight children -- including his four stepdaughters -- from 1969 to 1989. His stepdaughters told of repeated sexual abuse during his 2001 trial.

While Francis pleaded guilty to abusing one of the stepchildren in 1975, no charges were ever brought for his alleged acts with the other three. As a result, he claims their testimony was prejudicial.

The state contends the testimony was reliable and relevant in establishing Francis' history as an abuser.

The case is James Francis v. State of Missouri.

mpowers@semissourian.com

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