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Lacey asks California Supreme Court to halt release of convicted serial rapist

Posted: July 26, 2013 3:03 p.m.
Updated: July 26, 2013 3:03 p.m.
 

District Attorney Jackie Lacey today announced that her office will ask the California Supreme Court to order a new hearing on the conditional release of serial rapist Christopher Hubbart to Los Angeles County later this year.

“I am asking the California Supreme Court to grant us an opportunity to oppose the release of a sexually violent predator into any community – not just ours,” District Attorney Lacey said.  “It’s my job to safeguard our communities.  This man has sexually assaulted nearly 40 women and, in my opinion, continues to pose a significant threat to public safety.”

“This is an important issue that must be addressed,” Lacey said.  “The people of California deserve to have an advocate dedicated to protecting them all.”

In addition, District Attorney Lacey is asking the Supreme Court to determine that Hubbart’s domicile is Santa Clara County – not Los Angeles County.

In its court filings, the District Attorney’s Office contends that Santa Clara County Superior Court Judge Gilbert Brown made a legal error when he declared Hubbart’s domicile as Los Angeles County.  Though Hubbart was born and raised in Los Angeles County, he has not lived in Los Angeles County since 1972 – with the exception of two months in 1993, when he was paroled to San Bernardino County but lived in Claremont.  He lived in Santa Clara County in the years leading to his last arrest and no longer has family living in Los Angeles County.

California law (Welfare and Institutions Code section 6608.5) requires that a sexually violent predator be conditionally released to the county of his or her domicile “prior to the person’s incarceration.”

Hubbart lived in Santa Clara County from November 1979 to November 1981 and was paroled there for two months in 1990 when his parole was revoked and he was returned to state prison.  Santa Clara County last prosecuted Hubbart and initiated the proceedings that deemed him a sexually violent predator in 1996.  He has been in state custody since then.

The writ petition also seeks to stop any release of Hubbart until the legal issues are resolved.

Earlier this month, the 6th District Court of Appeal in San Jose summarily denied the Los Angeles County District Attorney’s challenge to Hubbart’s release to Los Angeles County.

Hubbart admitted to raping and sexually assaulting 38 women throughout California between 1971 and 1982.

 

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