February 3, 2016 at 4:20 p.m.
State seeks to commit convicted child molester
Jury to decide if Wortman is a 'sexually violent person'
State seeks to commit convicted child molester
On Jan. 5. 1994, a jury convicted Charles A. Wortman of first-degree sexual assault of a child and child enticement (exposing sexual organ), according to court records.
The charges were filed in connection with an Aug. 7, 1993 incident at Hodag Beach involving an 8-year-old girl.
Judge Robert E. Kinney sentenced Wortman to 20 years in state prison on the sexual assault charge and 10 years on the enticement charge, to be served concurrently.
The Wisconsin Court of Appeals affirmed the sentence on March 23, 1995. As was allowed under the former sentencing system, Wortman petitioned for parole several times, only to be denied.
On Dec. 28, 2015, the state of Wisconsin filed a petition to have Wortman committed to a treatment facility as a sexually violent person under State Statute 980.02. The case was assigned to Branch II Judge Michael Bloom.
If Wortman is committed under Chapter 980.2, he will be placed in a mental health treatment facility until it is determined that his underlying mental disorder has been treated to the extent that he is no longer predisposed "to engage in acts of sexual violence."
Wortman is currently being held at Sand Ridge Secure Treatment Center in Mauston, pending the outcome of the proceedings.
An initial probable cause hearing, similar to a preliminary hearing in a criminal case, began Jan. 8 but was adjourned so that the forensic psychologist who prepared the special purpose assessment of Wortman could appear by video teleconference.
Dr. Melissa Westendorf testified at Friday's hearing as to how she compiled the evaluation she filed on May 21, 2015 and the updated evaluation filed Nov. 6.
At first she was limited to discussing the information contained in Wortman's end-of-confinement review board packet, which contained Department of Corrections (DOC) files as well as Wortman's treatment records. Wortman had initially declined to be interviewed by Westendorf for her report but changed his mind after the initial report was filed.
Under questioning by special prosecutor Kevin Greene, Westendorf testified that in both cases she diagnosed Wortman as suffering from pedophilia attracted to prepubescent females, exclusive to type, as well as "other specified disorder with paranoid and narcissistic behaviors."
Westendorf testified that Wortman has a long history of sexually assaulting young girls, dating back to 1978 when he was first charged in Racine County when he was 23 years old. He was accused of enticing a 6-year-old, but the charge was dismissed. That same year he was accused of trying to entice a 7-year-old girl in Milwaukee County, but that charge, too, was dismissed, she said.
He was convicted of abducting a child in Milwaukee County in 1978 and served three years in the Winnebago Correctional Center.
Westendorf testified that DOC records show Wortman was incarcerated for violating the terms of his parole. He was then released in Racine County in 1987 where he was arrested 23 days later and charged with first-degree sexual assault of a child. He pled guilty to fourth-degree sexual assault as a repeater and returned to prison.
After his release in the early 1990s, he made his way to Rhinelander. He was arrested a few days after the Aug. 7, 1993 incident which was interrupted when a Hodag Beach lifeguard approached Wortman and his victim.
Peters asked Westendorf what actuarial tools or specialized tests she administered to assess Wortman's risk of reoffending, which is a crucial element of the criteria to be committed under Chapter 980.2.
She said she used the Rapid Risk Assessment for Sexual Offense Recidivism (RRASOR), Static-99 and Static-99R tests, all of which showed Wortman poses a "high risk" of reoffense, she said.
While the Static-99R resulted in a lower score based primarily on Wortman's age, the doctor stood by the results of the other two tests. She testified that the first two tests were the best diagnostic tools for sex offenders coming out of prison.
"You don't throw away the CAT scan because you now have the MRI," she said.
While all of the tests predicted a percentage of likelihood that Wortman would reoffend over a 10 or 15-year period, Westendorf said she was looking at his lifetime risk of recividism. To do this she looked at the results of the tests and graded several dynamic risk factors, she said.
She noted that Wortman was very descriptive in discussing why he is attracted to prepubescent girls rather than adult women.
"He said he was more comfortable with children, he wants to be with children and he is sexually aroused by children," Westendorf said.
Another dynamic risk factor is that Wortman has repeatedly reoffended even when on parole, she noted.
When asked if she believes Wortman is a sexually violent person, under the statutory definition, she said his pedophilia definitely poses a risk.
His other disorders cause him to feel as though others are "out to get him" and he is prone to "fanciful stories," she added.
"If things don't go his way, he can become belligerent or even aggressive," she noted.
She also testified that Wortman has often resisted treatment while incarcerated.
"Do you think he is at a risk to reoffend?" Greene asked her.
"He is, more likely than not, likely to sexually reoffend," Westendorf concluded.
Under cross-examination by Wortman's attorney Evan Weitz, Westendorf stuck to her diagnosis and the heavy weight she gave to the risk factors.
When asked why she had opined Wortman poses such a high risk of recividism, Westendorf replied "because we have a long history of acting on his sexual arousal to prepubescent girls."
The doctor added that Wortman himself has admitted to numerous instances of abusing young girls, claiming 27 victims since he became an adult.
To Weitz's assertion that the tests tend to overestimate the recidivism rate in sex offenders, she said that is what the results are, estimates rather than concrete predictions.
"He's either going to reoffend or he won't," she said.
She added that Wortman is already at a higher risk for reoffense because he has already done so repeatedly.
Bloom cut short any further questioning related to the effectiveness of the various tests, ruling there is a "wide variation of opinion as to the accuracy of the various tests."
Bloom then ruled that Greene had proved probable cause exists that Wortman had been convicted of specific violent sex acts and suffersfrom a mental disorder that predisposes him to engage in further acts of sexual violence. These are the necessary criteria to order Wortman transferred to an appropriate facility for further testing.
Weitz then asked for a jury trial to determine if his client is, indeed, a sexually violent person. He waived the 90-day time limit for a speedy trial and Bloom set an April 6 scheduling conference to further work out the specifics of the case.
If Wortman is committed, he can be held in a treatment facility for the rest of his life, if treatment does not resolve his mental disorders to the point where he is no longer a danger to society.
He may petition once a year for conditional release and attempt to prove he is no longer dangerous.
Jamie Taylor may be reached at [email protected].
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