Convicted sex offenders, most with victims as young as 5, are suing a former New York governor, seeking $10 million in damages each, for being sent to a psychiatric facility after they served their time. They are also requesting that all details of their offenses be kept from jurors because of their prejudicial nature.
Five sexual offenders and the estate of a sixth are suing former Gov. George Pataki for ordering their “civil confinement” in 2005, as they were about to be released into society, according to the New York Post.
The plaintiffs include “serial pedophile Kenneth Bailey, 55, of Elmira, who admitted sexually abusing more than 20 prepubescent girls after he befriended their parents, often at church,” according to the Post. Bailey even claimed to have shown his own 9-year-old daughter “love and affection” by repeatedly sodomizing her while undergoing sex-offender treatment. It must not have worked.
Robert Trocchio, 50 and diagnosed with bipolar disorder, also joined in the lawsuit. He was sent away for forcing a 7-year-old girl to give him oral sex. While a juvenile, he served prison time for trying to kill someone with an ax, and in 1988, the Suffolk County District Attorney’s Office sent a letter to parole officials warning that everyone who worked on his case was “steadfast in their belief that Robert Trocchio would one day kill,” the Post reported.
The other plaintiffs include Louis Massei, who snatched a teen from her own yard before abusing her, and Robert Warren, who abused his own step-daughter. Then there’s Charles Brooks, who abused a 5-year-old at knifepoint, and Jorge Burgos, Jr., who sexually abused an elderly woman.
The Post reported:
The plaintiffs were among a dozen men locked up in high-security mental hospitals after Pataki ordered psychiatric evaluations of all imprisoned sexual predators before being released from custody.
The move came after a paroled rapist stabbed a woman to death in a parking garage at the Galleria mall in White Plains following failed efforts to get the Democratic-controlled state Assembly to pass civil-confinement legislation favored by the Republican governor.
Although each man was eventually released, they’re seeking damages for “extraordinary humiliation, emotional distress and emotional pain and suffering,” according to the complaint filed in a Manhattan federal court.
If the plaintiffs prevail, the court would determine whether Pataki can be held personally liable for monetary damages.
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