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DA Fights to Keep Sexual Predator Out of S.B.

Petitioning California Supreme Court After Losing in Court of Appeal


Monday, February 11, 2013
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The Santa Barbara District Attorney’s Office is petitioning the California Supreme Court once again in a last ditch effort to keep a sexually violent predator out of the county.

DA Joyce Dudley lost the latest round in her efforts to keep Tibor Karsai out of Santa Barbara when a Court of Appeal in Northern California recently denied an argument from Dudley’s office.

Tibor Karsai
Click to enlarge photo

Tibor Karsai

The Third District Court of Appeal said that there is nothing in the Sexually Violent Predator statute that would prevent Karsai, deemed a transient, from being released in Santa Barbara County. Nothing “precludes a court from ordering the conditional release of a person committed as an SVP even though no fixed residence has been located for the person before his release,” the court said in an opinion last week.

So the DA’s Office will head back to the Supreme Court in one last shot to keep Karsai from being released into the county. The matter had already been up to the state’s highest court once, and the court sent the case down to the lower courts for more review.

Karsai, in 1974, was convicted of forcible rape in Santa Barbara. Three years later he was paroled and lived in Morro Bay. In 1980, Karsai — working as a truck driver — was in Placer County when he committed a forcible sex crime. He was tried, convicted, and sentenced to 26 years in state prison there.

In 1998, according to the local DA, Karsai finished his prison term, but the Placer County DA filed a petition to have him remain in custody because he was a sexually violent predator. The petition was granted then, and every two years the Placer County DA has had to re-petition the court to keep Karsai in custody.

The most recent trial resulted in a hung jury, according to a press release from the Santa Barbara DA, and rather than try again, the Placer DA decided to let Karsai go through a conditional release program. A Placer County judge ordered Karsai be placed in a Santa Maria home.

The Santa Barbara DA’s Office has argued that Santa Barbara is not the correct “domicile” county for Karsai, but rather it is San Luis Obispo. The DA also argued that the home proposed for Karsai in Santa Maria is within 2,000 feet of an elementary school and community park.

Comments

Independent Discussion Guidelines

So they always try, convict, and give sex predators ridiculously low sentences, but aren't putting the welcome mat for this one, why?

AZ2SB (anonymous profile)
February 11, 2013 at 6:56 p.m. (Suggest removal)

So WHY does he keep getting out? Obviously somewhere in our legal system somebody/some group of people have made it possible through legal loopholes for people such as him to get free.

How about "naming and shaming" the politicians and lawyers who fight for his right to continue terrorizing people?

billclausen (anonymous profile)
February 11, 2013 at 7:21 p.m. (Suggest removal)

While I agree that sexual predators should have long sentences, most life in my opinion, I find it odd the DA was allowed to extend the 26 year sentence given to him. How does that work? I was under the impression that once a person served their sentence they did parole and whatever else was sentenced. I have never heard of someone serving their sentence and then being kept in prison for an additional 6 years past the maximum sentence.

MSSB (anonymous profile)
February 12, 2013 at 1:37 p.m. (Suggest removal)

The proper home for this guy is in a hospital for the criminally insane, until he dies.

blackpoodles (anonymous profile)
February 13, 2013 at 8:13 a.m. (Suggest removal)

Concur with blackpoodles. This twice-offending (that the court knows of) reprobate should be remanded to a mental institution of our choice. He can rot there and never again offend or ruin the lives of innocents.

Draxor (anonymous profile)
February 13, 2013 at 10:18 a.m. (Suggest removal)

He hasn't committed a sex crime in..... 33 years?

He probably can't even get it up any more.

loonpt (anonymous profile)
February 13, 2013 at 2:55 p.m. (Suggest removal)

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