A Santa Clara County, California Judge has ordered the potential release of Hubbart, known as the ‘Pillowcase Rapist.’ But instead of ordering him to reside in Santa Clara county, the judge ordered him to live in Lake Los Angeles, in Los Angeles County. Residents of the area are outraged and the Lost Angeles County District Attorney’s Office is trying to fight the order.
Judge Rejected Plans Hubbart Live in Bay Area
Earlier this year, Judge Gilbert Brown, sitting in San Jose, ordered Hubbart’s release, but declared that that he must be under strict supervision. The judge rejected the request for the rapist to live in the Bay Area, where he had been living and where he committed his most recent crimes. At a hearing held on October 25, 2013, Brown approved a residence, found by a state contractor, in Lake Los Angeles in Los Angeles County. Los Angeles County is where Hubbart grew up and where he lived for a short time when he briefly gained his freedom in 1993.
Judge Brown’s order is not yet final; Hubbart will be in detention until December 4 when the court will hold a further hearing.
Hubbart Terrorized Northern California during the 70s and 80s
Police first arrested Hubbart, now 62, 1972 – the court declared him a “mentally-disordered sex offender,” and sent him to a state hospital. The hospital released him after seven years when doctors determined he was not a threat to reoffend.
The doctors were wrong. Between his release in 1979 and 1981, Hubbart raped 15 more women in the San Francisco Bay area. Law enforcement officials locked him up again, and was paroled in 1990. After his release on parole, Hubbart accosted a woman in the San Jose area and ended up back in jail. Currently Hubbart is in a state hospital in Santa Clara County.
Hubbart has admitted to raping 38 women, although authorities believe the number of victims is greater; possibly as many as 100 or more. In many of the rapes, he put a pillowcase over his victim’s head, earning him the moniker, the “Pillowcase Rapist.”
California law stipulates that someone who the state declares a mentally disordered sex offender (MDSO) must serve his or her time in a state hospital rather than in prison. There is good news and bad news for both the offender and the community. An MDSO can end up serving more time than he or she would under a normal sentence if doctors determine that the offender is too dangerous to release. Then again, the offender may end up being locked up for less time if, as Hubbart’s doctors (wrongly) determined in 1979 , mental health professionals decide that he or she no longer poses a danger.
Future Neighbors and Officials Do Not Want Hubbart Living in Lake Los Angeles
It is not surprising that people who live close to the future home of the Pillowcase Rapist are afraid, and do not want him living in their community. But local officials -as well as the Los Angeles County District Attorney’s Office – are also upset.
Tony Bell, deputy to Michael D. Antonvich, County Supervisor, says his boss was outraged that Hubbart was being released at all, let alone to live in Los Angeles County.
The District Attorney’s Office is not pleased either. The California Supreme Court dismissed an appeal of Judge Brown’s order in August.
The Los Angeles County District Attorney’s Office set up a web page advising people of what they can do in an attempt to have the order changed. The office has set up a Hubbart LA Safety Task Force and are asking people to send their comments by letter or email to that office by November 29 – the office will forward all comments received to Judge Brown.
The office is also informing the public that the court will allow anyone who appears in court in San Jose on December 4 to speak.
Judge Brown Will Probably Allow Hubbart to Live in Los Angeles County
Despite the public’s feelings, efforts to have Hubbart remain in custody or live somewhere else, will probably fail. Hubbart has undergone extensive treatment while in hospital and the doctors, as they did in 1979, have concluded he no longer poses a danger. Rightly or wrongly, if Hubbart is not released, his lawyers will argue he is being denied due process.
Since Hubbart is a sex offender, he is limited to where he can live. On November 7, 2006, California enacted Jessica’s Law. In addition to imposing other conditions on released sex offenders, such as the wearing of a GPS bracelet, the law prohibits such offenders from living within 2,000 feet of a school or park.
The address that Hubbart will reside at is 2,200 feet from a park; a little less than half a mile.
Public Sentiment vs. Judge Brown
A prosecutor with the Santa Clara District Attorney’s Office, Vonda Tracey, said is unlikely the general feelings of the public will sway the judge. It would take something specific, like one of the victims living nearby, to have the judge change his mind.
The Los Angeles County District Attorney’s Office has begun to notify Hubbart’s victims of his release and the proposed place of residence.
Los Angeles Times. Residents don’t want serial rapist on their block after release. (2013). Accessed October 31, 2013.
CBS Los Angeles. Judge: Convicted ‘Pillowcase Rapist’ Could Become Lake Los Angeles Resident. (2013). Accessed October 31, 2013.
California Department of Corrections and Rehabilitation. Sex Offender Information Overview. (2013). Accessed October 31, 2013.
National Criminal Justice Reference Service. California Law Concerning Mentally Disturbed Sex Offenders A Model of Ambivalence. (1980). Accessed October 31, 2013.
Los Angeles County District Attorney’s Office. Hubbart L.A. Safety Task Force. (2013). Accessed October 31, 2013.
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