12000 Pedophile Pages

UPDATE What follows below is a transcript of court documents relating to the conviction of Donald Merlin Serjeant as a sex offender. This transcription was prepared from official copies of the court documents. The only information that has been changed is this: the names of Donald Merlin Serjeant's victims have been concealed.

DOCUMENT ONE; THE INDICTMENT:

SP 90147 Pinckert, O. C-F/C-F/C-F/C-F/A-M/A-M/C-F/C-F Victim

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LINN

STATE OF OREGON,) No. 90040690

) INDICTMENT

Plaintiff, )

vs. )

DONALD MERLIN SERJEANT, ) ORS 163.4235 - Count I

) 163.4235 - Count II

) 163.4235 - Count III

) 163.4235 - Count IV

) 163.4235 - Count V

) 163.4235 - Count VI

) 163.4235 - Count VII

Defendants(s) ) 163.4235 - Count VIII

The above-named defendant(s) is (are) accused by the Grand Jury of Linn County, State of Oregon, by this Indictment of the offense of

Count I - Sexual-Abuse in the First Degree,

Count II - Sexual Abuse in the First Degree,

Count III - Sexual Abuse in the First Degree,

Count IV - Sexual Abuse in the First Degree,

Count V - Sexual Abuse in the Second Degree,

Count VI - Sexual Abuse in the Second Degree,

Count VII - Attempted Sodomy in the Second Degree,

Count VIII - Attempted Rape in the Second Degree,

committed as follows:

Count I:

The said defendant(s) did, in Linn County, State of Oregon, between June 1,1984, and June 1, 1989, unlawfully and knowingly, between June 1, 1984, and October 7, 1987, while at 3451 Meadow View S.E., Albany, subject [victim #1] , a person under the age of twelve years, to sexual contact by touching her vaginal area and breasts, a sexual and intimate part of [victim #1] , contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count II:

And, as part of the same transaction, the said defendant (s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly, between June 1, 1984, and October 7, 1987, while at 3451 Meadow View S.E., Albany, subject [victim #1] , a person under the age of twelve years, to sexual contact by causing the said [victim #1] to touch the defendant's penis, a sexual and intimate part of said defendant, contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count III:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly, between June 1, 1984, and October 7, 1987, while at 2632 Oak St., Albany, subject [victim #1] , a person under the age of twelve years, to sexual contact by touching her vaginal area and breasts, a sexual and intimate part of [victim #1] , contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count IV:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly, between June 1, 1984, and October 7, 1987, while at 2632 Oak St., Albany, subject [victim #1], a person under the age of twelve years, to sexual contact by causing the said [victim #1] to touch the defendant's penis, a sexual and intimate part of said defendant, contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count V:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly, between October 8, 1987, and June 1, 1989, while at 3451 Meadowview S.E., Albany, subject [victim #1], a person incapable of consent by reason of being under the age of eighteen (18) years, to sexual contact, by touching the vaginal area and breasts, a sexual and intimate part of [victim #1], contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count VI:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly, between October 8, 1987, and June 1, 1989, while at 2632 Oak St., Albany, subject [victim #1], a person incapable of consent by reason of being under the age of eighteen (18) years, to sexual contact, by touching the vaginal area and breasts, a sexual and intimate part of [victim #1], contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count VII:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly attempt to engage in deviate sexual intercourse with [victim #1], a child under the age of fourteen years, contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Count VIII:

And, as part of the same transaction, the said defendant(s) did, in Linn County, State of Oregon, between June 1, 1984, and June 1, 1989, unlawfully and knowingly attempt to engage in sexual intercourse with [victim #1], a child under the age of fourteen years, contrary to the Statutes in such cases made and provided and against the peace and dignity of the State of Oregon.

Witnesses Examined Before the Grand Jury - [victim #1] , O. Pinckert

signed by the foreman of the Grand Jury

(Deputy) District Attorney Dated this 10th day of April, 1990.

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DOCUMENT TWO:

DEPARTMENT OF CORRECTIONS FIELD SERVICES -- PROBATION CONDITIONS OF SUPERVISION County LINN Docket # 90040690 - Serjeant

I. GENERAL: The Court may place the defendant on probation, which shall be subject to the following General Conditions unless specifically deleted by the Court (ORS 137.540). The Probationer shall: 1. Remain under the supervision and control of the Probation Department.

2. Abide by the direction of the Probation Department and its representatives.

3. Promptly and truthfully answer all reasonable inquiries of the Probation Officer relating to probation performance.

4. Truthfully report monthly at times and in a manner specified by the Probation Department or its representative.

5. Remain in the State of Oregon until written permission to leave is granted by the Probation Department or its representatives.

6. Find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Any waiver of this requirement must be based on a finding by the Court stating the reasons for the waiver.

7. Change neither employment nor residence without promptly informing the Probation Department or its representatives.

8. Permit the Probation Officer to visit the probationer or the probationer's residence or worksite.

9. Submit to fingerprinting or photographing, or both, when requested by the Probation Department for supervision purposes.

10. Obey all laws, municipal, county, state and federal. (The Federal Gun Law of 1968 prohibits any person convicted of a crime punishable as a felony the use or possession of a firearm.)

11. Pay fines, costs including probation costs, attorney fees or restitution or any combination thereof ordered by the Court on a schedule of payments determined by the Court.

II. SPECIAL CONDITIONS

In addition, the following indicated Special Conditions are imposed for the protection of the public or reformation of the offender. The undersigned Probationer shall:

___ 1. Be confined to the county jail for a period not to exceed (left blank)

_X_ 2. Submit to polygraph examination by a qualified polygraph examiner designated by the Court or Probation Officer under terms and conditions set by the Court; (as a condition of sex offender treatment).

_X_ 3. Enroll, participate and successfully complete sexual offender treatment by a therapist dealing with sex offenders as approved by his P.O.

___ 4.A Abstain from the use of intoxicants.

___ 4.B Not use intoxicants to excess. (The excessive use of intoxicants is understood to mean that the effects disrupt or interfere with domestic life, employment or proper community conduct.)

___ 5. Submit to random urinalysis at the direction of Probation Officer.

___ 6. Refrain from knowi ly associating with persons who use or possess controlled substances illegally, or from frequenting places where such substances are kept or sold.

_X_ 7. Refrain from knowingly associating with:

___ A. Codefendants or crime partners.

___ B. Persons known to be engaged in criminal activities.

_X_ C. Persons under age 18 except under specific circumstances specified in writing by the Court or Probation Officer.

_X_ D. Other designated persons [victim #1] or her family withoout written permission of treatment specialist or Probation Officer.

___ 8. Undergo medical, psychological or therapy treatment.

___ 9. Take Antabuse, if medically approved.

___ 10. Submit to breath test or blood test to determine blood alcohol content upon request of a Probation Officer having reasonable grounds to believe the results would disclose evidence of a probation violation. (This condition may be set when it is reasonably related to the nature of the offense or treatment of the offender.)

___ 11. Neither own, possess nor control any firearm or any other specified weapon:

_X_ 12. Submit person, residence, vehicle, and property to search by a Probation Officer, having reasonable grounds to believe such search will disclose evidence of a probation violation. (This condition may be set when it is reasonably related to the nature of the offense or treatment of the offender.)

___ 13. Report to (Any state or local mental health facility) for evaluation, and if medical, psychiatric or psychological treatment is recommended, cooperate with and accept the treatment of the facility.

_X_ 14. Other Special Conditions:

___ Perform Community Service for __ hours at __ per week/month if unemployed and __ per week/month if employed.

_X_ Pay Money Judgment at the rate stated in Money Judgment.

___ Serve __ Custody Units in __ commencing __.

___ Shall perform __ hours of work on Adult Work Crew.

___ Shall be supervised under the terms and conditions of Intensive Supervision.

_X_ Upon release from incarceration defendant's Probation Office shall conduct a risk assessment of defendant and determine what steps are needed to protect the community, and submit written risk assessment report to Judge Wm. O. Lewis, Circuit Court.

_X_ Defendant's Probation Officer shall monitor whether pornographic materials are present. Failure to abide by all General and Special Conditions imposed by the Court and supervised by the Probation Department and its representatives may result in arrest and revocation of probation and will result in notification of the violation to the sentencing Court. The Court may at any time modify the Conditions of Probation.

Date: ___ Judge: ___

I understand and accept the Conditions of Probation under which I have been released by the sentencing Court. I agree to abide by and conform to them and fully understand my failure to do so may result in the revocation of my probation by the Court.

Date: ___ Signature of Person Under Probation: ___

Reviewed by Supervising Officer: ___ Date: ___

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DOCUMENT THREE: CONVICTION AND SENTENCE

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LINN STATE OF OREGON )

Plaintiff, ) JUDGEMENT OF CONVICTION AND SENTENCE

vs. ) Case No. 90040690 DONALD MERLIN SERJEANT

)

Defendant. )

THIS MATTER coming on regularly for hearing on the 3rd day of July, 1990, the State of Oregon appearing by and through the District Attorney for Linn County, Oregon, and the defendant appearing in person and with attorney, Forrest Reid, and said defendant having heretofore and on May 17, 1990, entered a plea of No Contest to the crime of

Count I - Sexual Abuse in the First Degree,

Count II - Sexual Abuse in the First Degree,

Count III - Sexual Abuse in the First Degree,

and Count IV - Sexual Abuse in the First Degree,

committed between June 1, 1984, and June 1, 1989, and between June 1, 1984, and October 7, 1987, and the Court having set this date for sentencing, and said defendant being fully advised, did waive hearing in mitigation of sentence, and the State having waived hearing in aggravation of sentence, and statements of counsel having been heard and the Court being fully advised,

The Court having received and considered the presentence report regarding this defendant and having delivered copies of such presentence report to counsel for the State and to counsel for the defendant, and

NOW, THEREFORE, IT IS HEREBY ORDERED that as to Count I, said defendant shall be and is hereby sentenced to imprisonment, without limitation of time for a period of five (5) years, and for such purpose said defendant shall be and is hereby committed to the legal and physical custody of the Oregon Department of Corrections at Salem, Oregon, and

IT IS FURTHER HEREBY ORDERED that as to Count I, defendant shall serve a minimum period of two and one-half (2 ) years incarceration prior to being eligible for parole, and

NOW, THEREFORE, IT IS HEREBY ORDERED that as to Count II, said defendant shall be and is hereby sentenced to imprisonment, without limitation of time for a period of five (5) years, and for such purpose said defendant shall be and is hereby committed to the legal and physical custody of the Oregon Department of Corrections at Salem, Oregon, and

IT IS FURTHER HEREBY ORDERED that as to Count II, defendant shall serve a minimum period of two and one-half (2 ) years incarceration prior to being eligible for parole, and

IT IS FURTHER HEREBY ORDERED that as to Counts I and II, as a condition of parole defendant shall complete sex offender treatment, and further defendant shall pay victim's restitution, to-wit: Counseling costs up to $3,000.00, as outlined in the below listed Money Judgment, and

NOW, THEREFORE, IT IS HEREBY ORDERED that as to Counts III and IV, said defendant shall be and is hereby sentenced to imprisonment, without limitation of time for a period of five (5) years as to each count, and for such purpose said defendant shall be and is hereby committed to the legal and physical custody of the Oregon Department of Corrections at Salem, Oregon, and

The reasons the Court sentenced the defendant to incarceration rather than order supervised probation are it appeared to the Court:

Because of the nature of the offenses.

Because multiple separate offenses involving same action.

The Court further finds and adopts the following aggravating factors:

C. Knew or had reason to know the victim was particularly vulnerable. The defendant was a close family friend and knew the young age of the victim.

E. Violation of position of trust or recognized professional ethics. The defendant was in a position of trust and authority as a family friend in long standing and violated that trust with the current offenses.

G. There is a single conviction for a crime involving multiple victims or incidents. Several incidents of molestation were reported, but only four (4) counts led to conviction.

IT IS FURTHER ORDERED that as to Counts III and IV, execution of the incarceration sentence herein shall be and the same is hereby suspended, and

IT IS FURTHER ORDERED that as to Counts III and IV, said defendant shall be and is hereby placed on probation for a period of five (5) years from the date hereof, under Intensive Supervision of the Oregon Department of Corrections upon the General Conditions of Supervision as attached hereto, numbered 1 through 11, and upon the Special Conditions listed below and as marked and attached hereto, and

IT IS FURTHER ORDERED that said sentence in Count II shall run consecutively with that five (5) year sentence imposed in Count I herein by the Linn County Circuit Court which bears the Clerk's Registry Number 90040690, and

The reasons the Court sentenced said defendant to consecutive sentence are:

Because of the nature of the offenses.

Because multiple separate offenses involving same action.

Court considers defendant a danger to the community.

IT IS FURTHER ORDERED that defendant shall pay the financial obligations as stated in the below Money Judgment. Said financial obligation shall be paid to the Linn County Circuit Court, P. O. Box 1749, Albany, OR, 97321.

IT IS FURTHER ORDERED that any funds heretofore posted in this matter shall be applied toward payment of any and all financial obligations stated in the Money Judgment herein.

IT IS FURTHER ORDERED that Counts V, VI, VII and VIII in the accusatory instrument are hereby dismissed, as to this defendant only, pursuant to plea negotiations. Defendant was advised as to rights of appeal.

MONEY JUDGMENT Judgment Creditor is the State of Oregon and Judgment Debtor is the above-named defendant.

$__200.00__ Victim Assessment Fee. ($50.00-felony, $40.00-DUII, $20.00-Misdemeanor/Violation) $__________ PSTA.

$__________ DUII Conviction Fee. ($220, Evaluator-$90.00, $105.00 DMV, $25.00-Mental Health) $__3,000.00_ Restitution to [the parent of victim #1], for [victim #1]

$__________ Compensatory Fine to ____

$__________ DWS Fee ($15).

$__________ Attorney Fee.

$__________ Costs.

$__________ County Jail Assessment.

$__________ Fine.

$__________ Other ___

$_3,200.00_ TOTAL MONEY JUDGMENT.

DATED this 17 day of July, 1990. (signed by Wm. O. Lewis, Circuit Judge) Case No. 90040690 Reporter: Robert Sterling Judge Lewis

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DOCUMENT FOUR: PAYMENT OF MONEY JUDGEMENT

Print Key Output Page 1

5738SS1 V2R3MO 931217 LIN 05/20/94 16:38:56

Display Device: LINWS16

User: PROUTY D 5/20/94 4:38 PM

Receivable Ledger.... Linn County Circuit Court Status Closed ZERO

Case# 90040690 Oregon State Of/Serjeant Donald Merlin

Offense Felony - Sexual Abuse 1 - C/FEL

Date Description Amount Amount Account

Owed Paid Balance

6/16/92 Restitution 3,000.00 3,000.00

6/16/92 CIC Victims Asst 200.00 3,200.00

6/29/92 Receipt 0037310 200.00 3,000.00

6/29/92 Receipt 0037310 3,000.00 0.00

*END

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DOCUMENT FIVE: PROBATION VIOLATION REPORT

OREGON DEPARTMENT OF CORRECTIONS

FIELD SERVICES

PURPOSE OF REPORT: Violation Special

DATE: 05.09.94

BY: Ken Rasmussen

Parole/Probation Officer

Medford Branch Office

Phone: 776-6007

IDENTIFYING DATA:

NAME: SERJEANT, Donald Merlin

ADDRESS: 1034 Court Street No. 20, Medford, OR 8266033

SID #: 8266033

CASE TYPE: Probation

DOB/AGE: 06.18.32

CRIME: Sexual Abuse I, Sexual Abuse I

SENTENCE: 5 yrs probation on 07.03.90

COUNTY/CASE #: Linn/90-040690 (counts III and IV)

JUDGE: Lewis

EXPIRATION DATE: 07.02.95

SPECIAL CONDITIONS:

Polygraph; enroll, participate and successfully complete sex offender treatment program by therapist dealing with sex offenders and approved by probation officer; refrain from knowingly associating with persons u r the age of 18 except under specific circumstances specified in writing by the Court or probation officer; refrain from knowingly associating with [victim #1] or family without written permission from treatment specialist or probation officer; search; prohibition from pornographic material; $200.00 victim assessment fee; $3,000.00 restitution to [the victim's parent] for [victim #1].

ALLEGATION:

1. Donald Serjeant is in violation of the special condition of his probation which states, "Enroll, participate in, and successfully complete sex offender treatment by therapist dealing with sex offenders as approved by probation officer," in that he has been terminated from treatment for failure to successfully participate in sex offender treatment.

SUBSTANTIATION OF ALLEGATION:

1. Donald Serjeant is on both parole and probation for Sexual Abuse in the First Degree. He has been referred for sex offend treatment to Ann Wright in Medford. Ms. Wright reports on 05.03.94 that Donald Serjeant was terminated from treatment. Ms. Wright reports that Mr. Serjeant "continues to minimize, rationalize, blame and not-cooperate fully in his disclosure process in treatment." When confronted with his behavior in treatment, Ms. Wright also reports that Mr. Serjeant acted in a threatening manner. He was arrested as a result of the parole and probation violation. He will serve 25 days in jail as a result of the parole violation.

CONFORMANCE/EVALUATION:

Donald Serjeant was placed on five years probation on 07.03.90 of two counts of Sexual Abuse in the First Degree. He was also sent to prison on three counts of Sexual Abuse in the First Degree and was subsequently paroled on 12.27.92. Since his parole, he has been in sex offender treatment with Ann Wright in Medford.

Mr. Serjeant has one prior parole violation when he was terminated from treatment for failure to participate in sex offender treatment. When he was arrested at the parole office, Mr. Serjeant resisted arrest and was subsequently convicted of Resisting Arrest and Assault on a Public Safety Officer. He is currently also on misdemeanant probation for these violations.

Donald Serjeant is now in violation of his probation in that he has been terminated from sex offender treatment for failure to successfully participate in treatment. Mr. Serjeant is currently serving a 25 day jail sentence for a violation of parole for the same behavior. It will therefore be recommended that the probation be timed. Upon release from jail, Mr. Serjeant will be referred back for sex offender treatment and will be expected to successfully complete treatment.

RECOMMENDATION:

It is respectfully recommended that no action be taken on the probation violations on Case No. 90-04069, Counts III and IV.

signed by Ken Rasmussen Parole/Probation Officer

signed Approved by: Bob Grindstaff Branch Manager

dm 05.11.94

c: Judge Lewis

Linn Cnty. D. A.

Central Records

File

Handwriten note: "No action @ this time - 5/19/94

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DOCUMENT SIX: FAX FROM THE OFFICE OF ANN WRIGHT, M.A., LPC, LMFT

ANN WRIGHT. MA, LPC, LMFT

123 West 10 Street, Suite 3

Medford, Oregon 97501

(503)772-2578. Ext. #4

October 24, 1994

Mr. Ken Rassmussen

Corrections Officer

Oregon State Corrections Dept.

123 West 10th St.

Medford, Oregon 97501

RE: Donald M. Serjeant Termination From Sex Offender Treatment

Dear Mr. Rassmussen:

I left you a message over the weekend about needing to speak with you about Donald Serjeant. Mr. Serjeant was at the probation department today, so I invited him to attend one of my advanced treatment groups. I wanted to determine if he was ready to be honest about his sexual history disclosure information; particularly surrounding the alleged sexual abuse of [a third victim, identity concealed]. Last week he was again changing information in that disclosure. Today, he still appeared to be in the same place with regard to his ongoing issue of denial and minimization. In light of that, I informed him that he was being terminated from this sex offender treatment program. In your absence, I informed corrections officer Donna Measner of Mr. Serjeant's termination status.

In both May and August of this year, I advised you, in writing, about the lack of compliance on the part of this client in Sex Offender Group Treatment. This was with regard to being honest and taking responsibility for his offender issues. Mr. Serjeant had been terminated from this treatment program in 1993, and again on May 3rd of this year, for his minimization and denial on the sexual history disclosure component of treatment.

Initially one of the issues, was Donald Serjeant's complete denial about the sexual abuse of [a third victim, identity concealed] and his minimization about specific victimization issues. One week he will make a disclosure and the next week change his story. Mr. Serjeant has been stuck in the beginning phase of this treatment program for nearly two years. There is really no place for him to move to in this treatment process, given his current status of being deadlocked in resistance and minimization.

Another issue for Mr. Serjeant, is his potential for violent behavior. On both occasions of prior terminations from treatment, violence was problematic. It would be irresponsible on my part to allow this high risk client to remain in this sex offender treatment program without cooperating fully with the process. Since Donald Serjeant has continually failed to comply with the requirements of treatment, this final correspondence is to advise you that Mr. Serjeant is terminated from this sex offender treatment program as of today, October 24, 1994.

Mr. Serjeant has been given ample opportunity to move into compliance with standard sex offender treatment requirements. In my professional opinion, he is currently not an appropriate candidate for continuing in out-patient sex offender treatment.

Please feel free to contact me at 772-2578 Ext. #4, if you need any further information.

Sincerely, Ann Wright, M.A. Sex Offender Treatment Provider-JCSOTT

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DOCUMENT SEVEN: REVOCATION RECOMMENDATION

OREGON DEPARTMENT OF CORRECTIONS

FIELD SERVICES

PURPOSE OF REPORT: Revocation Recommendation

DATE: 10.26.94

BY: Ken Rasmussen

Parole/Probation Officer

Medford Branch Office

P.O. Box 1584

Medford, OR 97501

Phone: 776-6007

IDENTIFYING DATA:

NAME: SERJEANT, Donald Merlin.

ADDRESS: 2050 Antelope Road, white City, OR

SID #: 8266033

CASE TYPE: Parole/Probation

DOB/AGE: 06.18.32

CRIME: Sexual Abuse in the First Degree (3 counts)-parole

Sexual Abuse in the First Degree (2 counts)-probation

SENTENCE: 5 years prison/5 years probation

COUNTY/CASE #: N/A; Linn #900404690

JUDGE: N/A; Lewis

EXPIRATION DATE: 06.27.2000; 07.02.95

SPECIAL CONDITIONS:

Parole: Search; restitution; no contact with minor females; not frequent places where minors are likely to congregate; random polygraph examination as part, of sex offender surveillance program; enter and complete and be successfully discharged from recognized and approved sex offender treatment program which may include polygraph and/or plethysmograph testing; prohibition from pornographic material; if there is any contact with minor females, arrest and request suspend and detain warrant for an in-custody hearing; no contact with victim [previously unnamed victim #2] or [victim #1] or their families.

Linn County #90040690 counts III and IV: Polygraph; enroll, participate and successfully complete a sex offender treatment program by a therapist dealing with sex offenders and approved by a probation officer; no association with persons under the age of 18 except under specific circumstances specified in writing by the court or probation officer; no association with [victim #1] or family without written permission of treatment specialist or probation officer; search; no pornographic materials; $200.00 victim assessment; $3,000.00 restitution to [the victim's parent], for [victim #1].

ALLEGATIONS:

1. Donald Serjeant is in violation of special condition #8D of his parole which states the offender shall enter and complete or be successfully discharged from recognized and approved sex offender treatment program, and is in violation of the special condition of probation which states that he shall enroll, participate in and successfully complete sex offender treatment program, in that he has been unsuccessfully terminated from sex offender treatment.

SUBSTANTIATION OF ALLEGATION:

1. Because Donald Serjeant is on parole and probation for a sex offense, he was referred for sex offender treatment to Ann Wright in Medford. On 10.24.94, Ms. Wright terminated Mr. Serjeant from treatment when he failed to fully participate. In her termination letter, Ms. Wright stated that Donald Serjeant failed to complete the disclosure phase. While in treatment, Donald Serjeant admitted that he had sexually abused [a third victim, identity concealed], but Ms. Wright reports that Donald serjeant has changed Information on his disclosure several times. Ms. Wright further stated that Donald Serjeant displayed ongoing behavior of denial and minimization regarding the molest of [a third victim, identity concealed].

When Donald Serjeant first entered treatment with Ann Wright, he denied any sexual contact with [a third victim, identity concealed]. Ms. Wright had several conversation with [a third victim, identity concealed] and she did state that, Donald Serjeant, had sexually abused her over a long period of time. Eventually, Mr. Serjeant,, while in treatment, did admit to the sexual abuse of [a third victim, identity concealed], but Ms. Wright reports that he was unable to pass the disclosure of treatment which required him to disclose all sexual contact with victims. Ms. Wright states that Mr. Serjeant changed his story of several occasions and has been "stuck in the beginning phase of the treatment program for nearly two years," see attached termination letter.

In an interview in the Jackson County Jail on 10.26.94, Donald Serjeant stated that the sex offender treatment was "harassment and intimidation."

CONFORMANCE/EVALUATION:

Donald Serjeant was placed on parole for three counts of Sexual Abuse in the First Degree on 12.27.92. In addition, he was placed on five years probation on 07.03.90, for two counts of Sexual Abuse in the First Degree. He is also currently on probation in Jackson County for Resisting Arrest and Assault on a Public Safety Officer.

Three prior violation reports have been submitted to the Parole Board and to the court when Donald Serjeant was terminated from sex offender treatment for failure to fully participate in treatment.

Mr. Serjeant currently receives social security benefits. In addition to the sex offender treatment, he was referred for counseling to Terry Terrall in Medford because of an anger problem. Prior to his arrest he was scheduled to enter an anger management program at OnTrack in Medford.

Donald Serjeant is now again in violation of his parole/probation in that he has been unsuccessfully terminated from sex offender treatment for the fourth time. Ann Wright, Mr. Serjeant's sex offender treatment therapist, reports that he has been in treatment for nearly two years, but has not completed the disclosure phase.

RECOMMENDATION:

It is respectfully recommended a show cause hearing be held to determine why Donald Serjeant's parole and probation should not be revoked.

signed by Ken Rasmussen

Parole/Probation Officer

signed Approved by:

Bob Grindstaff,

Director

c Parole Board

Judge Lewis

District Attorney

Central Records

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DOCUMENT EIGHT: DA's SUPPORT

STATE OF OREGON )

) ss. AFFIDAVIT

County of Linn )

COMES NOW, Jason Carlile, District Attorney for Linn County, Oregon, after having been sworn, do depose and say:

That I am the District Attorney for Linn County, Oregon, and that I have reviewed the file referenced in the attached Motion to Revoke.

I have also reviewed the Department of Corrections report which is attached hereto, and, based upon the file and report, have probable cause to believe the defendant has violated the terms of probation.

The affidavit is made in support of the State's Motion and request for a bench warrant.

DATED this 28th day of October, 1994.

signed by District Attorney

Subscribed and sworn to before me this 28th day of October,

signed by Notary Public for Oregon My Commission expires: 10/18/97

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DOCUMENT NINE: DA's MOTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LINN

STATE OF OREGON, )

) Plaintiff, ) Case No. 90040690

) MOTION AND ORDER TO SHOW CAUSE

) WHY PROBATION SHOULD NOT BE

DONALD MERLIN SERJEANT, ) REVOKED

) Defendant (s) . )

COMES NOW the District Attorney for Linn County, Oregon, and respectfully represents that the above named defendant was on the 3rd of July, 1990, convicted of the crime of Count IV Sexual Abuse in the First Degree and said defendant was thereupon placed on probation for a period of five (5) years, under the supervision of the Oregon Department of Corrections, and further represents that said defendant has violated the terms of said probation. And respectfully moves the Court for an order requiring the defendant to appear and show cause, if there be any, why defendant's probation herein should not be revoked, for violating the terms of said probation in the following particulars:

1. Defendant failed to complete sex offender treatment.

This Motion is based upon the sworn affidavit which is attached hereto.

DATED this 28th day of October, 1994.

signed by Jason Carlile, OSB #80198

District Attorney

ORDER UPON MOTION of the Linn County District Attorney and the Court being fully advised,

__ IT IS ORDERED that a ___bench ___cite warrant shall issue for the defendant's arrest.

___ IT IS ORDERED that defendant shall personally appear in Circuit Court on the, ___day of, ___, 199_, at ___ o'clock _. M. to show cause why defendant's probation should not be revoked.

DATED this 31 of October, 1994.

signed by Circuit Judge

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DOCUMENT TEN: ORDER CONTINUING PROBATION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LINN

STATE OF OREGON, )

Plaintiff, ) Case No. 9004 0690

V. )

) ORDER CONTINUING

DONALD MERLIN SERJEANT, ) PROBATION

) Defendant. )

1. The above-entitled matter having come on regularly for hearing before the Honorable Jackson L. Frost on the 28th day of November, 1994; the State appearing by and through Chief Deputy District Attorney Larry Houchin, and the Defendant, Donald Merlin Serjeant, appearing in person and by and through his attorney, Forrest Reid; and

2. The Court having hearing arguments of counsel, and the Court then finding that there is not enough evidence to show that a probation violation exists in the above-entitled matter,

3. NOW, THEREFORE, IT IS HEREBY ORDERED that probation is continued in the above-entitled matter.

DATED this 7 day of December, 1994

signed by Circuit Court Judge

Submitted by:

Forrest Reid, OSB# 86084

Attorney for Defendant

135 W. 5th / P.O. Box 577

Albany, OR 97321 / (503) 926-3823

Edited by - Nathan Natas on 14 December 2002 14:37:8

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