http://www.fresnobee.com/local/story/8829035p-9715932c.html
Sex offender ruling delayed
Decision stalled a third time on officials' protests.
By Matt Leedy
The Fresno Bee
Updated Saturday, July 10, 2004, 6:10 AM)
Merced County leaders extended their fight Friday to keep a "sexually violent predator" from moving into a home near Highway 59.
A Contra Costa County judge delayed his decision to July 19 on whether Cary Verse will be allowed to move to a rental home in Merced County.
The 33-year-old was convicted of four sexual assaults and labeled a sexually violent predator by the state. He served six years in state prison and six years in Atascadero State Hospital to receive treatment, including chemical castration.
Verse is one of three people released from the hospital under the state's sexually violent predator program. He is living in a San Jose motel under supervised release while state officials look for a permanent home.
Merced County authorities, including Sheriff Mark Pazin and District Attorney Gordon Spencer, were in a Contra Costa County courtroom Friday to explain why the proposed home on Highway 59 is not a good fit:
Stephen Ledesma, the man who offered to lease the home, is not its true owner, they said. The home belongs to Ledesma's brother-in-law. Pazin said Ledesma may not be able to legally rent the property.
The Merced County authorities also questioned whether the home is suitable to live in. They said the water, which comes from a well, is not drinkable. And any addition made to the home may not be safe.
Spencer told the judge that the home's proximity to Highway 59 is a danger to protesters who could be hit by cars.
"It's reckless to put him there because you know there's going to be protests," Spencer said after the morning hearing.
Judge John Minney put off his decision for 10 days after hearing the objections from Merced County officials.
"Whatever he decides, at least we know we did everything we could," Spencer said. "We can feel a little bit better that the judge is considering the issues that we brought up."
It's the third delay Minney has made after hearing from residents, politicians and law-enforcement leaders who want to keep Verse out of Merced County.
Pazin compared the legal wranglings over Verse's next home to a "12-round prizefight."
"And I think we're winning round by round," he said. "I think we collectively came up with a number of issues for the judge to review. Just with this decision to delay his order again is another round in our favor."
Pazin also has questioned whether Ledesma has a conflict of interest because he is an employee of the city of San Jose, and the San Jose City Council issued a resolution in March against Verse's living there.
He said Merced County was chosen only because Ledesma, a code-enforcement officer, offered to lease the two-bedroom, one-bathroom home to the state Department of Mental Health for $1,200 per month.
Ledesma did not return phone calls Friday.
Marsha Rodriguez lives next door to the Merced County home where Verse could be moved. The mother of 11- and 13-year-old daughters has been an outspoken critic of the proposed relocation.
"I deserve to be safe, and our children deserve to be safe. We should have some peace of mind," she said. "Nobody can guarantee me that that man is not going to hurt somebody out here.
"I don't care where he lives; just not next to me."
Rodriguez hopes the home's possible code violations and water issues will be enough to sway Minney.
"I'm feeling pretty confident now that we have put a doubt in Minney's mind," she said. "I don't think the finances are going to be there to fix the home by the 19th.
"They basically were going to dump him out here in a rat hole with bad water because someone offered it to him."
Verse said Friday that he has only driven through Merced County during trips to Yosemite National Park.
He said he doesn't particularly want to live in Merced County but added, "right now my goal is to start over again, just get to a place that is stable again. And any stable environment is a start. Right now, the choices are limited."
The state Department of Mental Health has looked at more than 200 homes throughout the state, but Ledesma is the first person they've found who is willing to rent to Verse.
"Every community I've been to kind of feels the same way," said Verse, who added that he expected people in Merced County to try to keep him away. "It's a whole county I'm fighting against, so I never thought it would be easy."
Verse said he's changed his ways through castration, therapy and renewed spirituality. Verse said he's a Jehovah's Witness.
"I know that I've changed, and I consider myself safe because of all the things I've been through," Verse said. "Some people I can't convince. They're going to believe what they believe. It's very hard to prove, but people can change when they want to."
Rodriguez is not convinced.
"How many chances do you need to show that you've changed?" she asked. "I don't want to be part of a state experiment."
The reporter can be reached at [email protected] or (559) 441-6208