IN THE MATTER OF THE CIVIL COMMITTMENT OF A.L.M.

Annotate this Case

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6137-04T26137-04T2

IN THE MATTER OF THE CIVIL

COMMITMENT OF A.L.M. SVP-126-00

____________________________________

 

Argued January 11, 2006 - Decided June 9, 2006

Before Judges Wefing and Fuentes.

On appeal from Superior Court of New

Jersey, Law Division, Essex County,

Docket No. SVP-126-00.

Patrick Madden, Assistant Deputy

Public Defender, argued the cause for

appellant (Yvonne Smith Segars, Public

Defender, attorney).

Jennifer Blume, Deputy Attorney General,

argued the cause for respondent (Peter C.

Harvey, Attorney General, attorney).

PER CURIAM

A.L.M. appeals from the order of the Law Division continuing his involuntary commitment in the Special Treatment Unit ("STU"), under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38. We have previously reviewed and upheld A.L.M.'s commitment. In Re Civil Commitment of A.L.M., Docket Nos. A-5114-02T2 and A-4428-03T2, October 15, 2004. We thus decline to repeat here A.L.M.'s criminal and procedural history, and simply incorporate by reference the information recited in our previous opinion.

The proceedings involved in this appeal occurred on May 19, and 20, 2005. The State presented the testimony of Dr. Michael McAllister, an expert in the field of psychiatry, and Dr. Thomas Schattner, an expert in the filed of psychology. A.L.M.'s counsel stipulated that both witnesses were qualified to offer opinions in their respective fields of expertise. A.L.M. presented the testimony of Dr. Roger Harris, an expert in the field of psychiatry.

On June 17, 2005, Judge Freedman issued a detailed, well-reasoned oral decision from the bench, finding by clear and convincing evidence that A.L.M remained a dangerous and violent sexual predator in need of confinement. Given our scope of review, In Re Civil Commitment of V.A., 357 N.J. Super. 55, 63 (App. Div.), certif. denied, 177 N.J. 490 (2003), we affirm substantially for the reasons stated by Judge Freedman.

Affirmed.

 

(continued)

(continued)

2

A-6137-04T2

RECORD IMPOUNDED

June 9, 2006

 


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