Carroll man alleged to be 'sexually violent predator'
November 18, 2013
State prosecutors seek to confine indefinitely a Carroll man - who molested a 5-month-old girl in 2008 and has since allegedly sent a naked picture of himself to an underage girl and possessed child pornography in prison - to a treatment facility in Cherokee after his release from prison, which is set for Dec. 6.
Kevin Lee McDonald, 41, is a pedophile who will likely commit further sex crimes if he is released from state custody, wrote John McCormally, an assistant Iowa Attorney General, in a request last week for a judge or jury to deem McDonald a so-called "sexually violent predator."
McDonald admitted in court as part of a plea deal in March 2009 that he "inflicted pain or discomfort" to the infant to arouse or satisfy his sexual desires, according to a transcript from the court hearing.
McDonald initially faced a felony sex abuse charge that carried a penalty of up to 25 years in prison for allegedly molesting the infant.
Instead, he pleaded guilty to a lesser felony - lascivious acts with a child - punishable by up to five years in prison, in a deal with Carroll County Attorney John Werden.
The request to confine McDonald to the Cherokee treatment facility - from which few sex offenders are successfully rehabilitated and released - is the second in two years in Carroll County.
A judge ruled in July that a 28-year-old Missouri man convicted of having oral sex with a 4-year-old Carroll boy dozens of times was not a sexually violent predator and ordered his release. The man said he planned to return to Missouri.
The district judge, Thomas Bice, said a major factor in his decision was the opinion of a Des Moines psychiatrist, Dr. Michael Taylor, whom prosecutors hired to evaluate the man but, in the end, testified in the man's defense.
"Dr. Taylor did a 'flip-flop' on the state and left them not only with no expert opinion to offer at trial but rather a compelling, counter opinion to the case being advocated by the state," Bice wrote in his July 31 ruling. "Given that the state's own expert opines that Dustin Hillyer is not a 'sexually violent predator,' then how can this court, when faced with a burden of proof 'beyond a reasonable doubt,' find to the contrary?"
But again, state prosecutors hired Taylor to evaluate McDonald, and Taylor deemed him a pedophile, court records show.
"Dr. Taylor opines to a reasonable degree of medical certainty that (McDonald) is likely to engage in predatory sexually violent offenses if not confined in a secure facility," McCormally wrote.
An initial court hearing to determine whether there is sufficient evidence to proceed with the detention trial is set for Nov. 25.
McDonald is held at the Mount Pleasant Correctional Facility in Mount Pleasant.
He was paroled from prison in April 2011 but was incarcerated again after he exchanged naked pictures with a girl, according to court documents. He was twice found in prison with pictures of underage children and admitted he masturbated while looking at them, the documents show.
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