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Appeals court hears challenge to qualified-examiner reports, DSM-5 findings in sexually dangerous person hearing
Summary
In an appeal from a civil commitment determination, the panel debated whether the trial record supported qualified examiners' conclusions that the respondent met DSM-5 criteria for pedophilic disorder and was a sexually dangerous person.
The Massachusetts Appeals Court heard argument over whether the record supported a lower court's finding that the respondent, Kenneth Perry, met the statutory standard for designation as a sexually dangerous person (SDP).
Defense counsel Fred Burkholder argued the evidence was thin and that qualified examiners had relied on reports and references to unconvicted allegations that had been redacted for trial. Burkholder told the panel that…
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