in Re the Commitment of Richard Goodwin

In The

Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-05-534 CV

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IN RE COMMITMENT OF RICHARD GOODWIN


On Appeal from the 359th District Court

Montgomery County, Texas

Trial Cause No. 05-06-04904-CV




MEMORANDUM OPINION

The trial court found appellant Richard Goodwin to be a sexually violent predator ("SVP") and ordered Goodwin's civil commitment. See Tex. Health & Safety Code Ann. §§ 841.001-841.150 (Vernon 2003 & Supp. 2006). The SVP statute defines "sexually violent predator" as a person who "(1) is a repeat sexually violent offender; and (2) suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence." Tex. Health & Safety Code Ann. § 841.003 (Vernon 2003). The statute defines "behavioral abnormality" as "a congenital or acquired condition that, by affecting a person's emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person." Tex. Health & Safety Code Ann. § 841.002(2) (Vernon Supp. 2006). In this appeal, Goodwin challenges the factual sufficiency of the evidence supporting the trial court's findings (1) that he suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence and (2) that he has serious difficulty controlling his sexually violent behavior. We affirm.

The Evidence

Dr. Sheri Gaines, a board-certified psychiatrist, testified that she evaluated Goodwin to ascertain whether he met the criteria for civil commitment as a SVP. Before interviewing Goodwin for approximately two and a half hours, Dr. Gaines reviewed an evaluation of Goodwin by Dr. Woodrick, as well as Goodwin's education records, medical records, records from TDCJ, sex offender treatment records, and parole case summaries and status reports. Dr. Gaines diagnosed Goodwin with pedophilia and attention deficit hyperactivity disorder (ADHD). Dr. Gaines testified that she based her pedophilia diagnosis upon Goodwin's sexual offenses against children, and the fact that his offenses occurred for well over a six-month period of time. Dr. Gaines based her diagnosis of ADHD upon information Goodwin provided about having been treated for the disorder as a child, as well as Goodwin's history of impulsivity, hyperactivity, and poor attention and concentration.

According to Dr. Gaines, Goodwin suffers from a behavioral abnormality that predisposes him to commit acts of sexual violence, to the extent that he becomes a menace to the health and safety of another person. Dr. Gaines opined that Goodwin's pedophilia makes him likely to reoffend, and she also stated, "The ADHD is kind of relevant because Mr. Goodwin is a pedophile, and the ADHD makes him more impulsive. So people with ADHD aren't likely to become pedophiles; but, for Mr. Goodwin, since he has both of those together, it's a bad combination." Dr. Gaines testified that Goodwin's ADHD makes him likely to be unable to control his sexual urges, and she noted that "Goodwin's impulses historically have shown up in a sexual way." Dr. Gaines concluded Goodwin meets the criteria for civil commitment as a SVP.

Dr. Gaines testified that Goodwin's first sexual offense occurred in the public restroom of a movie theater. Goodwin was masturbating in the restroom when a seven-year-old child entered, and Goodwin continued to masturbate. According to Dr. Gaines, the offense report indicates Goodwin asked the child to perform oral sex on him, but Goodwin denied that allegation. Goodwin also committed a sexual offense against a twelve-year-old, but those charges were dropped. Dr. Gaines testified that Goodwin admitted having anal sex with one fourteen-year-old boy and oral sex with another. Goodwin also masturbated in the restroom at a public park when a six-year-old boy walked in, and Goodwin asked the boy to perform oral sex on him. As a result of this offense, the probation Goodwin had received was revoked. According to Dr. Gaines, Goodwin "admitted to those offenses. He admitted that it was sexually stimulating to him when the children walked in on him in the public rest rooms, that . . . was gratifying to him and sexually stimulating to him. He admitted that he was stimulated by the two 14-year-olds and the 12-year-old." Dr. Gaines also testified that the two fourteen-year-olds and the twelve-year-old stayed at Goodwin's house for several days.

Dr. Gaines testified Goodwin "admitted verbally that he was attracted to the 14-year-olds. He described the 12-year-old's genitalia to me." Dr. Gaines also noted that Goodwin blamed the victim he abused at the movie theater for "walking in on him." According to Dr. Gaines, Goodwin "also indicated that he didn't realize some of those things were against the law until after he had been arrested." Dr. Gaines opined that these factors indicated "poor judgment, poor insight, and lack of remorse for the victims." Dr. Gaines testified that many pedophiles blame their victims, and "it's a bad prognostic factor" that makes Goodwin more likely to reoffend. Dr. Gaines also noted that all of Goodwin's victims were strangers.

Dr. Gaines testified that Goodwin told her he began masturbating when he was approximately eleven-years-old, and he "would masturbate compulsively several times a day, even to the point where he would injure his penis. He said that he had approximately 150 sexual partners in his life." Dr. Gaines also testified,

The length of time over which these offenses occurred is a risk factor. The age range of these victims is a risk factor. The fact that the victims were strangers is a risk factor. There's some other -- well, the ADHD for Mr. Goodwin, as an individual, is a risk factor.



There's some other information in the reports that I read that I see as risk factors, and that [sic] are some statements that were indicated in the records that Mr. Goodwin would continue to reoffend. There's [sic] some statements in the records that Mr. Goodwin would murder future victims so they would not be able to identify him. And another statement that Mr. Goodwin reportedly made where he would get revenge on society.



Dr. Gaines identified Goodwin's inability to abide by the conditions of his probation as an additional risk factor. Dr. Gaines also testified that Goodwin had "said that he often felt out of control."

According to Dr. Gaines, Goodwin indicated that his religion has helped him to "pray or read the Bible or change his thoughts so he doesn't dwell on masturbation and sexual thoughts as much as he used to." Dr. Gaines opined that Goodwin's church affiliation was positive, but it did not change her opinion that he was a SVP who has a behavioral abnormality and is likely to reoffend. Dr. Gaines testified that although she believed Goodwin was praying and reading the Bible, "prison is a very controlled, structured environment with, obviously, no access to children. So I'm not sure how well he's going to be able to do that when he's released from prison." Dr. Gaines testified that Goodwin was participating in the sex offender treatment program in prison, and he seemed to be doing a good job in the program.

Dr. Gaines testified that past behavior is the best indicator of future behavior, and she believes Goodwin will have serious difficulty controlling his sexual urges. Dr. Gaines testified, "Goodwin's past behavior is so concerning to me that I think despite . . . support he's still going to have problems controlling his behavior." Dr. Gaines stated that although she does not consider herself an expert on actuarials, she reviewed some of the actuarials performed on Goodwin, which indicated Goodwin "is at high risk or very high risk of reoffending sexually." Dr. Gaines also testified that pedophilia is incurable.

Goodwin testified via video deposition. (1) Goodwin testified that he pled guilty to two offenses of sexual assault of a child in 1997. According to Goodwin, these two offenses occurred when he went to a park hoping to have oral sex. When Goodwin exited the restroom at the park, he noticed two male teenagers, who told him they were living on the street and asked him if they could spend the weekend at his home. Goodwin testified that the two males were strangers, and he fantasized about participating in a threesome with them. Goodwin testified that he received anal sex from one of the victims and gave oral sex to the other. Goodwin testified he was also charged with sexual assault involving a twelve-year-old male, but that charge was dropped.

Goodwin stated he had also received probation for indecency with a child. According to Goodwin, that offense occurred when he was masturbating in the restroom at the movie theater and a child saw him. Goodwin admitted that he felt a sense of gratification because the victim was watching him, and Goodwin fantasized that the victim "would want to do the same thing[.]" Goodwin denied asking the child to perform oral sex. Goodwin testified that he also pled guilty to indecency with a child in 1995 after a child entered the restroom at a public park where Goodwin was masturbating. Goodwin denied asking the child to perform oral sex. Goodwin denied telling his probation officer that he would murder his future victims to prevent being caught. Goodwin also denied saying that he would get revenge on society if he were sent to prison.

Goodwin estimated that he has had about one hundred and fifty sexual encounters, approximately fifty of which occurred during his incarceration. Goodwin testified, "I know for a fact that I'm not sexually attracted to children, but I will admit . . . that in the past I do remember having some encounters, me and some teenage boys. . . . The victims that I victimized, I found myself attracted to them." Goodwin testified he does not believe his victims are at fault.

Goodwin testified he is still capable of having erections, and he opined that he needs continuing sex offender treatment to learn what his triggers are and how to manage them. Goodwin testified that he has broken the cycle of addiction by participating in the sex offender treatment program and through church support. Goodwin stated that he has engaged in self-study and has taken correspondence courses regarding masturbation, homosexuality, anger, sexual addiction, and religious studies. Goodwin also indicated that he no longer feels out of control. Goodwin further testified that he intended to use the restroom before leaving home, and he would have an "accountability partner" with him if he needed to use a public restroom. He opined that when he is released from prison, he should stay away from underage boys.

Goodwin's Issues

In two issues, Goodwin challenges the factual sufficiency of the evidence supporting the trial court's findings (1) that he suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence and (2) that he has serious difficulty controlling his sexually violent behavior. We address these issues together.

The SVP statute requires the State to prove beyond a reasonable doubt that Goodwin is a sexually violent predator. See Tex. Health & Safety Code Ann. § 841.062(a) (Vernon 2003). Therefore, we apply the factual sufficiency standard used in criminal cases. In re Commitment of Barbee, 192 S.W.3d 835, 839 (Tex. App.--Beaumont 2006, no pet.). In a factual sufficiency review, we consider all of the evidence in a neutral light and determine whether the evidence supporting "the verdict is too weak to support the finding of guilt beyond a reasonable doubt or if evidence contrary to the verdict is strong enough that the beyond-a-reasonable-doubt standard could not have been met." Threadgill v. State, 146 S.W.3d 654, 664 (Tex. Crim. App. 2004); see also Zuniga v. State, 144 S.W.3d 477, 485-86 (Tex. Crim. App. 2004).

Dr. Gaines testified that Goodwin suffers from both pedophilia and ADHD, and that he is likely to reoffend. Dr. Gaines also testified that Goodwin had poor insight, poor judgment, and lacked remorse. Dr. Gaines explained that additional risk factors were that Goodwin's victims were strangers, the length of time over which the offenses occurred, the age range of the victims, Goodwin's ADHD, and Goodwin's inability to abide by the conditions of his probation. According to Dr. Gaines, the records she reviewed contained statements by Goodwin that he would murder future victims and would seek revenge on society. Dr. Gaines also stated that past behavior is the best indicator of future behavior, and she believes Goodwin will have serious difficulty controlling his sexual urges.

Goodwin testified that he is not sexually attracted to children, but he was attracted to his teenage victims. Goodwin testified he is still capable of sexual arousal. In addition, Goodwin admitted that he felt a sense of gratification when one of his victims saw him masturbating. He admitted that he still needs treatment to learn how to manage his triggers. Goodwin also testified he no longer feels out of control, and he believes he has broken the cycle of addiction by participating in the sex offender treatment program and through support from his church.

Having carefully reviewed all of the evidence in a neutral light, we find the evidence supporting the trial court's findings is not too weak, nor is the contrary evidence, including the direct testimony of Goodwin, so strong that the burden of proof could not be met. See Threadgill, 146 S.W.3d at 664. The trial court was rationally justified in finding Goodwin suffers from a behavioral abnormality that makes him likely to engage in predatory acts of sexual violence and has serious difficulty controlling his sexual behavior. We overrule Goodwin's issues and affirm the judgment of the trial court.

AFFIRMED.



STEVE MCKEITHEN

Chief Justice



Submitted on September 14, 2006

Opinion Delivered October 26, 2006



Before McKeithen, C.J., Kreger and Horton, JJ.

1. A Rule 11 agreement between the parties provides that any testimony presented by videotaped deposition "shall be included in the record for purposes of appeal[.]" The State played the videotaped testimony from page one to page forty-nine, line three of Goodwin's deposition. Goodwin's counsel read into the record excerpts from pages 61, 65, 68, 70, 75, and 83. With the exception of page 49, which appears to have been partially redacted, the entire deposition transcript is included in the record at the end of the exhibit volume; however, the deposition was not offered and marked as an exhibit at trial. It is unclear whether the parties intended Goodwin's entire deposition to be considered on appeal or only those portions presented on videotape or read into the record. For purposes of this appeal, we will consider only the particular portions of Goodwin's deposition that were presented on videotape or read into the record at trial.