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August 28, 2008
Feds could keep Guay jailed
New Law allows sexually violent predators to remain locked even if they aren't convicted of sex crime
|Raymond Guay Jr. |
BEDFORD, New Hampshire (STPNS) -- Child murderer Raymond Guay Jr. might stay in jail after his sentence runs out because of a new federal law that allows for civil commitment of sexually violent predators, even though he was never convicted of a sex crime.
Named for the murdered son of John Walsh, host of the TV show, ?America?s Most Wanted,? the 2006 Adam Walsh Child Protection and Safety Act does not require that the person be convicted of or charged with a sex crime.
Guay murdered a young Nashua boy after bringing him to a remote Hollis woodland 35 years ago. Although he completed a 25-year sentence for the murder, the maximum allowable in 1973, he is now serving another 14-years in a maximum-security federal penitentiary in West Virginia for an assault-with-intent-to-murder charge committed in a federal prison in California in 1991.
He is scheduled for release on Sept. 8 and could possibly return to New Hampshire.
Charlotte Davis, the mother of the victim, wants Guay to remain in prison, and was discouraged because New Hampshire?s law covering civil commitment only applies to those convicted of a sex crime. Guay was convicted of second-degree murder and not a sex offense, although it was clearly a sex offense to everyone involved in the prosecution.
According to Felicia Ponce, a spokeswoman for the federal Bureau of Prisons, the new Walsh law means that all behavior is taken into account, ?not just conviction information.?
Procedures established after the law was passed require a sex offender release coordinator to review all available information before the prisoner?s projected release date, including ?any type of sex offense history? and whether the individual has a disorder ?severe enough to render the individual unable to refrain from engaging in the sexual behavior.?
If the panel determines that Guay is a danger, the case would go before a review panel and if the panel agrees, the bureau certifies the inmate as a ?sexually dangerous person,? Ponce said. Then a hearing is held in the appropriate U.S. District Court to determine whether the inmate should be civilly committed.
Ponce told The Cabinet she could not specifically discuss the Raymond Guay case because of privacy issues.
In 1973 Guay killed 12-year-old John Lindovski, after bringing him to a remote woodland in Hollis and removing most of his clothing.
In case Guay is released, he can only return to New Hampshire if he submits an acceptable release plan, according to Thomas Tarr, chief probation officer for U.S. Probation and Pretrial Services in Concord.
And if he is released, federal authorities will be watching Guay closely, said Tarr.
As of Aug. 25 he had not submitted an appropriate plan. One plan, to be released to a family member in Washington, N.H., was rejected, according to Tarr.
If he does not have a release plan approved by the government Guay will be released in California.
Photos of killer
Tarr also said a photo of Guay will be provided to area law enforcement agencies and new photos will be provided ?any time his appearance changes,? for example if he shaves or grows a beard.
?We will be seeing him regularly and have several contacts per week, at minimum? and there will be a combination of announced and unannounced visits, said Tarr, and the frequency of visits depends on his attitude and compliance level.
If Guay goes to California he will be ?under the same level of supervision,? said Tarr.
?Our office will do a good job no matter where he is. We know his record and what he did and we will be very vigilant.
Davis, the victim?s mother, a former resident of Milford and Amherst who now lives in Colorado, said Guay, who is 60, is still a danger, and if he gets out of prison will likely kill again.
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