People v. Purcell CA6

I. Statement of Facts

At trial, appellant stipulated that he had suffered qualifying convictions that are predicate offenses under the SVPA. He raped 18-year-old Barbara and 14-year-old Caroline in 1976, and was sentenced to prison. After his release, he attempted to rape two other women, Diane and Sally, and he was convicted of assault with a deadly weapon, false imprisonment and attempted rape in 1983. Dr. Nancy Rueschenberg testified as a prosecution expert. She interviewed appellant in May 2007 and reviewed his criminal and institutional records. At that time, he was 60 years old.

Dr. Rueschenberg testified regarding appellant‟s developmental history. This history included: his mother was sexually abused by her father and she beat her three sons; appellant saw his older brother rape his younger brother; his mother institutionalized his older brother; his brother taught appellant to masturbate; and a minister attempted to fondle appellant. Appellant was married at age 22 to Nona. During that relationship, he exposed himself every two to three days. In 1971, he married Arlane and they lived together for five years. The marriage ended when he went to prison. During this…