Posted: 10/11/05
Sex offender may be released soon
Mother of victim expresses concerns
By David Heiller
Argus news Editor
A former La Crescent man convicted of second degree criminal sexual conduct in 1995 could either be released soon or committed to a treatment center as a predatory offender.
Jon Patrick Wieser, 28, pled guilty to second-degree criminal sexual assault 10 years ago after he admitted to engaging in multiple sexual acts with a boy in Houston County. A first-degree sexual assault charge was dismissed as part of the plea agreement.
He was sentenced to 21 months in jail, but the court stayed his sentence in exchange for 25 years of probation and released him to a sex offender treatment program.
There have been several developments in the case in the past year. On November 18, 2004, Houston County District Court Judge Robert Benson revoked Wieserís probation because of numerous probation violations and treatment failures over a nine-year period. Benson executed Wieserís 21-month prison sentence, and Wieser was taken to the St. Cloud prison.
In January, a Department of Corrections psychologist completed a predatory offender report on Wieser. A psychologist hired by the Winona County Attorneyís office to review Wieserís records recommended Wieser be committed.
The Minnesota Attorney Generalís office and Winona County then prepared a joint petition to commit Wieser as a sexually dangerous person and a sexual psychopathic personality to the Minnesota Sex Offender Program.
Petition details
Wieser was released from St. Cloud on February 15 due to ìgood timeî sentencing guidelines and time already served in jail, accoring to Houston County Attorney Rick Jackson. (The period of supervised release equals the amount of good time earned. As the offender earns good time, the sentence remains the same, but the term of imprisonment is shortened by the amount of good time earned.)
Wieser was sent to Minnesota Security Hospital in St. Peter pending the result of a petition filed by the Minnesota Attorney Generalís office earlier that month. He was incarcerated there on October 4 for 90 days, until he can secure a place to live, Minnesota Department of Correctionsí spokesperson Liz McClung said on October 10.
Dr. James Alsdurf, an independent expert retained by the attorney general, stated in the petition that Wieser should be considered a candidate for commitment as a sexually dangerous person and a sexual psychopathic personality. It states that he had failed to show signs of rehabilitation and needed to be committed indefinitely.
Wieser admitted to molesting 20-25 victims prior to his arrest in 1995, the petition states. The majority of those victims were male children between ages 5-9.
ìWieser lived a block and a half from a school and expressed a sexual interest in children who lived on his block,î the petition states about a September 2004 assessment.
Wieser was ìan alarmingly significant threat to the community given his refusal to engage in sex offender specific programming,î according to his probation agent, the petition states.
While in prison in St. Cloud, a psychologist assigned Wieser a risk level of 3, which reflects a high risk to re-offend. The psychologist noted the number of additional victims, Wieserís ongoing struggle with sexual fantasies, and that he had been terminated from numerous sex offender treatment programs. A panel of five people on an End-of-Confinement Review Committee later voted 3-2 to assign him a risk level of 2, reflecting a moderate risk to re-offend sexually.
ìWieser perceives his risk of re-offending as very low. He stated that even if he cannot control his fantasies, he can control his behavior,î the petition states.
Judge rules against petition
The petition was heard in Winona County on June 8 and 9. Two independent court-appointed psychologists testified that Wieser was not a danger.
Judge Thompson dismissed the Petition for Judicial Commitment in a ruling released on September 14. He wrote that there was a lack of ìclear and convincing evidenceî to commit Wieser as a Sexually Dangerous Person (SDP).
Thompson said that the petition did satisfy two of the criteria for a SDP: 1) there was clear and convincing evidence of harmful sexual conduct; and 2) manifestation of a sexual, personality, or other mental disorder or dysfunction.
The judge disagreed with the third criterion, that Wieser is likely to engage in acts of harmful sexual conduct. Two psychologists, Dr. Rosemary Linderman and Dr. John Austin, felt that Wieser had the ability to control his sexual impulses and was not likely to engage in future acts of harmful sexual conduct, the ruling states.
Thompson noted that Wieser has been reporting his sexual fantasies as he is supposed to do and that is now ìbeing used against him for purposes of commitment.î
The judge also said in the ruling that the fact that Wieser ìhas not been convicted or even suspected of another offense in nearly a decade shows that he has a considerable level of control over his sexual behavior, deviant or not.î
The court actions are taking place in Winona County because that was his county of residence prior to his most recent incarceration.
Minnesotaís legal standard for commitment requires that the person has a history of sexual offense, has been diagnosed with a sexual, mental or other disorder, and is highly likely to engage in future acts of harmful sexual conduct.
Because he is not classified as a level-three sex offender, information about Wieserís whereabouts after release will not be made public.
Wieser will be released on parole if the case is not appealed by Winona County Attorney Chuck MacLean and the attorney generalís office. Wieser will also be assigned to an outpatient sex offender treatment program.
Assistant attorney general Angela Helseth said on October 7 that she could not comment on the case. ìWeíre still trying to make a determination on whatís happening,î she said. She deferred all questions to department spokesperson, Leslie Sandberg.
Sandberg said on October 7 that her department was disappointed with the judgeís ruling. ìWe felt Mr Wieser should be off the street,î she said. ìWe did feel he should be civilly committed.î
Sandberg said that no decision on whether to appeal the judgeís ruling had been made yet. ìWe will be speaking with the [Winona] county attorney,î she said. An appeal must be filed within 60 days of the ruling.
Attorney defends decision
Ross Phelps, Wieserís court-appointed attorney, feels the petition should never have been filed. He said that Wieser was on supervised probation for nine years, and had lived in an apartment and held down a job, and had had no reoffenses.
Examiners Austin and Lindeman called Wieser one the best, most successful patients theyíd ever seen, Phelps said.
Wieser would be on supervised release for five years, and would be required to register as a sex offender, he said.
Phelps added the he has personally known Wieser since Wieser was two years old. ìIíve got a pretty good rapport with the gentleman and I think it was the right decision.î
Phelps said he would not be surprised to see an appeal. ìThey donít lose very many of these cases. I wouldnít put it past them, but I think if they did it would be a waste of taxpayerís money.î
Wieser would like be ìlocked up foreverî in a state-run treatment center in either St. Peter or Moose Lake if the ruling is overturned.
Mother is concerned
The mother of the boy that Wieser assaulted has many concerns about the case.
She talked about them in an interview on October 5. Her name is being withheld to protect the identity of her son.
The mother is worried about Wieserís release, and whether people who live near him would be notified of his past actions and conviction.
She also noted that Wieser had admitted to sexual encounters with 20-25 other victims, mostly boys age 5-9, according to the court petition. She hopes the parents of those boys can identify the abuse and get help for them.
The mother wants those parents to know they are not alone. She wants them to get help and get their children on the right track. ìThatís really what Iím trying to do,î she said.
Michelle Herman, Houston County Victim Services Director, was with the woman during the interview. She said if parents suspect abuse, they should contact authorities, and not ask a lot of question themselves because that could be seen as coaching their child.
The mother said she saw signs of abuse of her son. but didnít figure them out until it was too late. He started closing himself off to other, putting on extra layers of clothes, not letting his parents bathe him. He started touching himself in school, and touching other children. Houston County Human Services workers even came to her house and interviewed her husband and siblings to try and identify any abuse.
Her son didnít like to be held or touched, and he showed too much curiosity in looking at the ìprivatesî of other people like his siblings, the mother said.
Many self-doubts
All this has left the mother with a lot of self-reproach. Why didnít she question the fact that an 18-year-old man was playing with her five year old son? Why didnít she keep better track of where he was? Why did she have a playhouse in the back yard?
The boyís outlook of older males has changed since the abuse occurred, the mother said. ìHe expressed his anger to men teachers, [to] Dad a lot,î she said. ìHe lost his trust in all the males.î
The boy also felt he was gay. ìHe was forced into it,î the mother said in a plaintive voice. ìIt wasnít his fault.î
Her son doesnít talk much about the abuse. He has been in counseling three or four times. ìThis is an on-going thing. When I see a red flag, I put him counseling,î she said. Her son was angry with the counseling too. ìI basically made him relive this,î she said. ìDeep down he needed this counseling.î
He will only talk to female counselors, she added. ìI think he is ashamed. Heís ashamed of what has happened,î she said.
Wieser told the boy not to tell his parents or he would be hurt, the mother said. ìTheyíve got more control than we do as parents,î she said.
ìIím the one that caught it. Thatís the hardest thing for me,î she said. She also worries that her son might become an abuser himself. She said she feels helpless in the case.
Her son is angry that she is the one that discovered the abuse. She caught it while it was happening. ìHe really blamed me that I knew. He thought everybody knew,î she said. The boy felt that aunts, uncles, and grandparents knew and were looking at him differently. She is afraid that her sonís anger could turn violent.
The abuse broke a father-son bond too, she said. ìHe didnít trust Dad. He thought Dad was looking at his privates, things like that.î
The woman said her husband has anger at himself too. ìhe says the same thing. Why didnít he see signs?î
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