SVP Placement Update


Last updated 12/20/2022 at 11:58am

Judge Theodore Weathers scheduled another review for December 13 in the San Diego Superior Court. Concerning the proposed property to house sexual violent predator Douglas Badger on Zuni Trail, Dr. Terrie Kellmeyer, mother and neighbor who lives across the street, was subpoenaed to appear. This is an open Court Review and we encourage everyone available to join us at the Superior Court at 9 a.m., December 13, in Downtown San Diego.

Why is this happening? For December 13, we believe the Public Defender is unhappy with the preliminary discussions with Judge Weathers and will want to show that the timing for Terrie’s homeschool decision was “really” after the SVP Badger placement notification. The community was surprised by this review announcement because San Diego County District 5 Supervisor Jim Desmond’s office, the DA, and the Borrego Springs Task force anticipated a January decision and pending the resolution of the SVP Michael Cheek case in Santa Cruz County. This involves circumstances similar to the housing proposed on Zuni Trail – children are being homeschooled.

Why is this an issue? We believe that Liberty Healthcare, the CA Department of State Hospitals (DSH) and CA Attorney General (AG), and the San Diego County Public Defender want the Judges to remove the rights and protections provided to all private schools run from a home. They view those parents and those children as less deserving than those in other private schools. The protection of ¼ mile proximity exclusion for placement of SVPs who harmed children is clearly delineated in the CA Welfare and Institutions Code 6608.5F. By arguing that a home school does not qualify as a private school, the Public Defender, along with Liberty Healthcare, CA DSH and AG, also presume the civil rights of one SVP supersede the civil rights of parents to decide when their children may be homeschooled and the viability of that homeschooling.

Terrie is working with our Borrego Springs SVP Task Force attorney, Dan Fuller, to prepare. We will ask for a Zoom link through Supervisor Desmond’s office but nothing shows support better than physical presence! Please attend any way that you can!

Specific hearing or decision venue is spotty because all three methods used by the County District Attorney and the Courthouse have different information posted this morning. We are researching this and will advise as soon as we obtain further news.

In the meantime, Liberty Healthcare is cooperating with us to place SVPs on industrial properties. This will potentially affect SVP placements in San Diego County - new placements by the court first and then existing placements. Locations are not in standard neighborhood properties. The focus is on large parcels away from urbanized locations and residential areas, but also within closer proximity to psychiatric and medical services and public transportation than Borrego Springs.

This housing will also be in locations with faster response times for law enforcement and fire response. All of these changes create a more positive setting for the Sexually Violent Predator in the Conditional Release Program as well as helps to remove the conflict of placements in particularly residentially developed communities.

In the meantime, the Borrego Springs SVP Task Force is developing a strategy with the specific purpose of stopping the placement of Sexually Violent Predators in Borrego Springs.