Essential Estrogen

The Iowa Supreme Court, in an opinion handed down this morning in a Warren County case, granted the state a little more wiggle room in terms of the requirements to commit an individual as a sexually violent predator.

When considering the state's petition to have Bryan Pierce committed as a sexually violent predator, the Warren County District Court found evidence to support that:

1. Pierce had been convicted of a sexually violent offense
2. Pierce suffered from two mental abnormalities -- pedophilia and antisocial personality disorder.

On the issue of whether Pierce was more likely than not to reoffend, the District Court ruled that the state failed to meet the burden of state law requirements since an expert witness could not offer an opinion as to whether or not Pierce would be more likely than not to reoffend within five years. Although the state's witness did testify that Pierce shares similar characteristics with sex offenders who had high rates of reoffense over six- to 15-year periods, the District Court interpreted the Iowa Code to require a "current or present likelihood of reoffense."

The Iowa Supreme Court, after establishing that the state did have the authority to appeal a refusal to commit from the District Court, reviewed the testimony of expert witness that concluded that Pierce would fall "into the higher category of risk and is someone whose level of risk would be more likely than not" to commit future sexual offenses.

"The Act does not require more precise evidence for a reasonable fact finder to conclude Pierce is dangerous and a menace to society if not committed," wrote Supreme Court Justice Michael Steit in the opinion. "The district court erred by refusing to consider evidence of Pierce's lifetime risk. ...Sexual offenses are often crimes of opportunity. It is impossible to predict when Pierce will have access to young children. However, there is abundant evidence Pierce has abused children when the opportunity was presented to him."

At the time of the commitment hearing in District Court, Pierce was 44. He already had an extensive criminal history that included convictions for burglary, interference with official acts, criminal mischief, trespass, eluding, assaulting a police officer and domestic assault. He had also been convicted of three violent sexual offenses. While living with a girlfriend in Missouri in 1987, Pierce fondled and performed oral sex on the girlfriend's 6-year-old son. Pierce pled guilty to sexual abuse in the first degree and was sentence to five years in prison.

Three years later, Pierce was living in Iowa with a different girlfriend and her children. On at least two occasions he fondled the new girlfriend's 7-year-old daughter. That same year, Pierce showed pornographic magazines to a 9-year-old girl he was babysitting and performed oral sex on her. As a result of those incidents, Pierce pled guilty to lascivious acts with a child and third-degree sexual abuse. He was sentenced to 10 years.

Pierce was scheduled for release from prison in late August 2005. However, in early August the Iowa Attorney General's Office filed a petition alleging Pierce was a sexually violent predator and should be committed. In May 2006, following a bench trial, the District Court made its ruling that the state failed to prove its case and Pierce was released from custody.

Because the District Court will now reconsider the case within the scope provided by the Iowa Supreme Court, there is a high likelihood that Pierce will be committed and returned to the custody of some maximum security, state-run facility.