People v. Stillwell CA6

I. INTRODUCTION

After a first trial resulted in a mistrial due to jury deadlock, a second jury found that defendant Duane Stillwell was a sexually violent predator within the meaning of the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.). The trial court ordered defendant committed to the California Department of Mental Health for an indeterminate term and transported to a hospital under the State Department of State Hospitals (the Department). On appeal, defendant contends the trial court erred by allowing evidence of his testimony from the first trial to be introduced at the second trial after he refused to testify. He contends that, under the equal protection clauses of the state and federal Constitutions, prospective sexually violent predators (SVP’s) have a right not to testify, because such a right is afforded to persons committed for treatment after being found not guilty by reason of insanity (NGI’s). Defendant further contends the trial court erred by permitting the jury to draw adverse inferences from his refusal to testify, by allowing the prosecution to present a hearsay statement and refusing to allow defendant to introduce evidence…