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Fisher Will Be Tried Under State's Sexually Violent Person Statute
KENOSHA - Attorney General J.B. Van Hollen announced today that the Kenosha County Circuit Court has found probable cause to commit Odell Fisher, Sr.(DOB: 12/09/1950) to treatment under the state's sexual predator law. The Wisconsin Department of Justice (DOJ) filed the state's petition to commit Fisher to treatment on January 26, 2009, and probable cause was found on February 3, 2009 at a hearing before Judge Mary K. Wagner. A status conference has been set for Tuesday May 5th, 2009 at 3 p.m.
Chapter 980 of the Wisconsin Statutes relates to the control, care and treatment of sexually violent persons. Under Wisconsin law, a person may be subject to a civil commitment when the person has been convicted of a sexually violent offense, has a mental disorder, and is dangerous to others because the mental disorder makes it likely he or she will commit further acts of sexual violence. A civil commitment is defined in Wisconsin law as commitment to the custody and care of the Department of Health and Family Services for control, care, and treatment until the person is no longer considered sexually violent.
According to the DOJ petition, Odell Fisher, Sr. was convicted of Second Degree Sexual Assault of a Child and Child Enticement in Kenosha County in 1995 and was sentenced to 15 years in Wisconsin State Prison System. Fisher was scheduled for release from the Department of Corrections on January 27, 2009, but will be detained at a Department of Health Services (DHS) facility awaiting trial.
The state's petition alleges that Fisher suffers from mental conditions that predispose him to engage in acts of sexual violence. The petition also alleges that Fisher is dangerous as his mental disorders make it likely that he will engage in future acts of sexual violence. A petition is only an allegation and a finding of probable cause only allows the state's case to move forward. Fisher is legally presumed not to be a sexually violent person unless and until the state proves him to be a sexually violent person at a trial.
Assistant Attorney General David Wambach represents the state in this case.