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James LaBaum (left) appears in court with his attorney, Jonathan Meyer, Monday afternoon. Greg Ebersole/The Daily News

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Longview native faces civil commitment trial

Monday, May 5, 2008 11:47 PM PDT

By Barbara LaBoe

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A Cowlitz County judge will decide this week if a young, local sex offender will be locked up by the state indefinitely or released — even though the man said in 2006 that he’ll reoffend if set free.

The state wants to civilly commit James LaBaum, who has been convicted locally of sexually violating a 14-year-old wheelchair-bound boy at the age of 12 and attempting to rape a 7-year-old girl at age 15. In both cases he received exceptional sentences. He’s listed as a Level 3 sex offender — the most likely to reoffend.

LaBaum, now 21, isn’t on trial for his sex offenses, though. He’s already been convicted, first in 1999 and again in 2001, and has served out his sentences. He’s also aged out of the juvenile system authority and if he wins this case he’ll be set free.

The civil trial is to determine if LaBaum has a mental disorder that makes him dangerous enough to be locked up indefinitely for treatment at the state’s Special Commitment Center on McNeil Island. Only three other Cowlitz County trials have been held to make such a determination.

The state contends that LaBaum, who grew up in Longview, more than qualifies as a sexually violent predator.

“If he’s not committed, history will repeat itself, and Mr. LaBaum will do what he has done in the past,” Jodi Crawford, with the state Attorney General’s Office, said Monday during opening arguments. His behavior while locked up has been “highly risky and puts him on a clear course to reoffend,” she added.

In addition to his convictions, LaBaum also has had numerous sexual infractions while incarcerated, including touching other inmates, threatening sexual assault and acting out sexually in front of others, according to court records. In a specially designed parole program with 24-hour caregivers in an Olympia home, LaBaum was disruptive at times and eventually was convicted of physically assaulting a care giver, his former parole officer testified Monday.

And, in a December 2006 interview with a state evaluator, LaBaum “admitted he would reoffend if released,” according to court records. That statement was made before LaBaum decided to fight civil commitment.

LaBaum’s lawyer, though, said LaBaum isn’t on trial for his past behavior or even fears of what he might do if released.

“If he could, he’d go back and not do the things he’s done,” lawyer Jonathan Meyer said. “And we’re not trying to deny them. ... He understands there’s a concern (about his release) but that doesn’t qualify (for commitment) under the state law.”

Meyer said his own expert will testify that LaBaum doesn’t meet the state’s strict standards for commitment and thus he can’t be committed under the law.

LaBaum appeared in court in shackles because of altercations with Cowlitz County Corrections staff during the weekend while he was being placed on suicide watch. He recently started new medication, he told Meyer, and felt ready to proceed Monday morning.

LaBaum has lived at the Special Commitment Center since 2007 awaiting this trial.

Court records say he has mild mental retardation and a guardian ad litem has been appointed to safeguard LaBaum’s interests. Even if he’s not committed, and thus set free, it’s doubtful he could live on his own without some state assistance, Meyer said.

The case is being heard by Judge James Warme without a jury at LaBaum’s and Meyer’s request as part of their trial strategy. The trial is expected to last three days.

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ME wrote on May 6, 2008 3:46 AM:

" This guy is a creep and deserves to be locked up for as long as possible. If people like this are let go it puts all of our children at risk. Lock him up and throw away the key. "

Scary wrote on May 6, 2008 5:20 AM:

" I didn't know someone with such a criminal history would actually have a chance to be back into society. Espically when you know they are going to reoffend! Scary! "

fuming wrote on May 6, 2008 5:39 AM:

" Duh. If he said he would re-offend. What is the problem. He needs to be locked up FOREVER. Something needs to be done about our laws and judges enforcing them. Particularly these kind. "

Citizen X wrote on May 6, 2008 6:32 AM:

" COMMIT HIM!!! He has had opportunities to reform, and he has admitted that he would re-offend. He cannot be in the community safely. He should not be in any community. "

me wrote on May 6, 2008 6:57 AM:

" nope, get rid of him and all others like him. If he's released into society and harms someone else in any way, you can better believe there will be lawsuits from the victim or the victim's family. You can't say sorry and fix the damage you do to a child or their family. He admits that he'll reoffend - they need to listen to him and lock him up. "

Lock Him Up wrote on May 6, 2008 7:54 AM:

" "LaBaums lawyer, though, said LaBaum isnt on trial for his past behavior or even fears of what he might do if released"

What a great lawyer. That is exactly what the trial is about. His past behavior make him a sexual predator and his future behavior is why he needs to be held further. We don't need any more children being victimized by this monster. "

Mild retardation wrote on May 6, 2008 8:03 AM:

" Court records say he has mild mental retardation" I think what we have here is very confused young man, exactly how mild are we talking about, it doesn't look mild, he looks like he has downs syndrome. I have always thought civil commitment was on shaky legal ground, you are basing your decision on predicting his future acts. This case looks like a real mess, glad I don't have deal with this person. "

pangborn wrote on May 6, 2008 8:09 AM:

" I believe the assailant/defendent should not breathe free air while he resides on this planet.

It appears that he is too sick to be allowed outside an institution, ever. "

anonymous wrote on May 6, 2008 8:57 AM:

" I believe he should be put some place where he can't get out ever. This guy is a level 3 sex offender and he deserves the worst that can happen to someone for putting people in danger because of his stupid actions. May he never see the light of the sun ever again. "

tax payer wrote on May 6, 2008 9:00 AM:

" So glad to know that my taxes will be spent supporting this creep for the rest of his life incarcerated or not.
I say if society has to pay a sexual preditor's way then we should have the right to say where he will live. Hope the judge sees the need to put him in the Special Commitment Center on McNeil Island. This seems an obvious choice. If not maybe the judge needs to let him live in his neighborhood so that the judge & his neighbors can keep an eye on him. Or maybe citizens of Cowlitz County need to look at a new judge. "

LifeLongDem wrote on May 6, 2008 9:03 AM:

" Is it a coincidence that after Reagan cut funding for mental commitments that we see a rise in sociopathic killers and sexual predators in the last 20 years? Years ago these types were identified early and committed before they had a chance to do harm. But being tough on crimes requires funding prisons not mental hospitals. "

Re LifelongDem wrote on May 6, 2008 9:36 AM:

" The only blame that I see in this goes to your party. Your party owns this state. They make the laws. This guy has been treated special, been given chances and 12-year-old in a wheel chair and little girl has been the brunt. Even the specialists your party has hired through the state say he will attack again. President Reagan never passed any law that allowed for these types to be on the street. The Liberal Democrats in this state believe in rehabilitation for filth like this not the Republican Part of President Reagan. Your party is to blame for not locking this guy away forever. Come on you Liberal Democrats stand up and show some backbone by taking the responsibility for your failures. "

It wasnt really Reagan wrote on May 6, 2008 10:04 AM:

" There were court cases that caused the closure of most mental hospitals. You can't involuntarialy commit someone that is mentally ill like LeBaum, only when they are considered dangerous to themselves or others. I'm sure we've all seen cases where they get back on their meds and are stable again, only to relapse and endup back in custody. Look at the huge percentage of mentally ill in criminal custody. But by the same token look at the number of blogers on this post that have mental disease, at least from what I'm reading here. You see, we could have an intelligent conversation about the issue of menatal illness and how it relates to medical and criminal issues. Oh I forgot, this is TDN blog, there are no intelligent conversations here. Just a bunch of name callers that blame the liberals. "

Civil Commitment is unconstitutional wrote on May 6, 2008 10:27 AM:

" If a sex offender can't be cued, then the punishment should be a life sentence in prison. If the offender has completed their sentence then they have to be released. If that means we have to change the sentences and the process to determine the level of offendre OK. Using doctors to administer justice is wrong, it's for judges and courts to administer. This civil commitment is right out of the Soviet gulog. Don't you people understand that there is an important legal principle involved here. Oh, I forgot this is TDN blog, you people aren't much for legal principles are you? Just string'em up. "

Interesting wrote on May 6, 2008 10:30 AM:

" Is it not funny that most 'conservatives' resort to ad hominem attacks? Are they unable to articulate themselves in a constructive manner? As to the court cases, yes several cases restricted the states ability to involuntarily commit an individual. But I do remember budget reductions in the '80s resulted in the closing of many state mental institutions nationwide. "

Let us rethink some things wrote on May 6, 2008 10:44 AM:

" He is admitting that he is sick and they are admitting he has a mental deficiency. Let's do the right thing here, why risk our daughters, sons, sisters and mothers. If this judge does agree to set him free, let him take responsibility and let this individual live with him. Let the judge be the one worried about his own family and not subject ours to this man. "

RE Interesting wrote on May 6, 2008 12:05 PM:

" As a Republican I find your attacks very interesting. You want to blame the Republicans for the closure of STATE mental health institutions. That is a STATE issue, not a federal issue and in this STATE the Democratic Party has been in control of the STATE budget since the 1970s. IT IS the STATE budget that determines the STATE mental institutions. So when you start playing your blame game, take a deep breath and look in the mirror. The Liberal Democrats have owned this state since the mid-70s. Therefore the Washington State Demoncrats are to blame for any budget decisions affecting STATE mental institutions. But in this case, the amount of care isn't the issue. The issue is this guy's ability to re-offend. My guess is when he first offended, he probably wasn't even under mental healthcare. So I find it very INTERESTING that you have no basis for your blame game. "

Intelligent comments any at all wrote on May 6, 2008 12:20 PM:

" Looking for an intelligent comment, nope none here. If you wanted to give LaBaum life you should have done it at his first trial. Civil commitment is an illegal second bite of the apple. Which is an interesting question about the law that nobody seems to be able to comprehend on this dullards blog. "

anonymous wrote on May 6, 2008 1:13 PM:

" comment to intelligent comments. MR. labaum had a few chances to be out but he decided to offend more so there for he needs to be locked up and throw away the key i dont care wat u think he needs to be out of cowlitz county for good and never come back because he's a harm to little kids and handicap people such as people in wheelchairs so get a grip "

anonymous wrote on May 6, 2008 2:01 PM:

" he hasnt served all his time he shouldnt be let out at all because of wat he did to his victims so but quit. he dont need to be in prision ur correct he needs to be in a mental place for sex offenders for life without the chance of gettin out because once a sex offend always a sex offender "

Barbara LaBoe wrote on May 6, 2008 3:36 PM:

" To anonymous: As stated in the story, Mr. LaBaum HAS served all of his criminal time. This case is a civil one that will determine if he's committed by the state for treatment in a secure facility. Without committment, he will be set free because the state can't hold him any longer on the criminal cases. "

Some clarification II wrote on May 6, 2008 3:42 PM:

" The concept of "a second bite of the apple" would only come into play if those crimes that he had commited in the past and had been convicted of were actually in consideration here. They're not. The concept of double jeopardy specifically regards re-trying of an individual more than one time for a particular crime (incident, time, date, place, victim). This proceeding NEVER discusses any of that. Judge Warme will be reviewing the past trials and evidence, only to the point that he is familiar with the background as to whey Mr. LaBaum is brought to this point in the first place. If there were a jury - and there have been in civil committments - there's a problem that arises, which speaks to the very weight of this issue. One CC proceeding in Cowlitz County, years ago, had the County paying for counseling for the jurors, because all they had to endure in reviewing the prior trial materials. I know one of those jurors that went on to spend 4 years in private counseling to deal with the trauma of what amounted to her being victimized by the very trial materials!!! (far in excess of what CC paid for) This isn't retrying the guy - it's attempting to make sure it doesn't happen again. "

Oh I get it thanks for the clarification wrote on May 6, 2008 3:58 PM:

" He was a juvenile and the law gave him the biggest sentence it could. Ok everybody, no real legal question. McNeil Island is the proper place for this guy. I don't think I agree with the proposition that his propensity to reoffend voids his civil rights against unlawful incarceration. I say that an extreme crime requires an extreme sentence. He was a juvenile and could receive an extreme sentence. Let's face it every offender being released is at high risk to reoffend. "

bigdar wrote on May 6, 2008 4:32 PM:

" Maybe we should release every inmate that has been sentenced for selling pot and make room for guys like this in our institutions. Just a thought. "

Lawyer wrote on May 7, 2008 8:05 AM:

" Jonathan Meyer should consider that this man could be his own next door neighbor. Does Mr. Meyer have children or a wife? How can this behavior while being locked up not be held in consideration of how he will be in society? This is a sick exploitation of the justice system. "

Calrification III wrote on May 7, 2008 8:16 AM:

" He was given the absolute maximum sentence as a juvenile. That has now timed out...but his time served he was not just sitting in a juvenile institution. He was REOFFENDING inside the institution, caught at it, caught ATTEMPTING to REOFFEND. The problem with certain individuals, like this guy, is that CONTINUES TO REOFFEND AGAINST ANYONE AND ANYTHING. Treatment be damned. He's made it clear he's not capable of being outside of custody (or in custody for that matter). It takes a really extreme individual to be considered a 'cull' - and unfortunately, he appears to be one. A juvenile, convicted at the age he was (12 & 15) is not eligible (civil rights) for an adult sentence, although a "manifest injustice" was used to deliver an "exceptional sentence". That too, unfortunately, still will not take him out of society as an adult. It's either civil committment, or let him out, let him reoffend (perhaps this time by killing someone?) and sentence him as an adult for maximum sentence. But then that means that WE, THE COMMUNITY HAVE MADE ANOTHER VICTIM! Think about it. "

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