Convicted sex offender’s lawsuit thrown out

Greg Risling

COSTA MESA -- A decision by an Orange County Superior Court judge

Tuesday to throw out a $1-million lawsuit filed by a convicted rapist

won’t deter him and his attorney from attempting to change a widely

popular state law.

Chris Decker, who is labeled as a high-risk sex offender, lost his bid

to reap damages from the city of Costa Mesa when Judge Michael Brenner

ruled there wasn’t enough basis for the lawsuit to go to trial.

Decker, 45, claimed the Costa Mesa Police Department disseminated

inaccurate information when they decided to notify residents about his

past criminal history last September. As is allowed under the state’s

Meagan’s Law, fliers with Decker’s photos were handed out to his

neighbors who lived near his West Wilson Street apartment.

“We followed proper procedure and I think that was validated by the

case not even making it through the court system,” said Costa Mesa Police

Lt. Ron Smith. “We believe all along we acted with the right intention.”

Decker’s attorney saw the judge’s decision in a different light,

remarking he and his client will take it to the highest court if

necessary.

“The judge was of the opinion that this was a matter for an

upper-level court,” said T. Matthew Phillips. “We will definitely file an

appeal. This helps expedite the process quicker.”

Phillips has been more than an attorney representing his client who

seeks big bucks. The young, brash Hollywood-based attorney is attempting

to seek reform for a law the public considers a resourceful tool.

Phillips contends that Megan’s Law, which informs the public about

convicted sex offenders living in the area, is severely flawed. He argues

the agency that brands levels of sex offenders -- the state Department of

Justice -- has done a poor job in classifying, especially in his client’s

case.

Decker was convicted of raping two women in the 1970s and hasn’t committed a sex-related offense since that time. Phillips says labeling

his client a “high-risk sex offender” isn’t fair to Decker because the

fliers don’t contain the dates of his offenses.

“In the interest of fairness don’t you think it’s important to put on

the flier he hasn’t committed a sexual crime in 22 years?” asked

Phillips. “The law spells out that police departments must have

reasonable suspicion the person will re-offend. He hasn’t even come

close. Where’s the proof?”

The state leaves it up to local police departments to determine

whether fliers should be passed out to residents. Law enforcement

agencies are obviously split on the issue, as evidenced in the Decker

case.

Since Decker left Costa Mesa earlier this year -- he was evicted by

his landlord and then lost an ensuing case -- he moved to Westminster and

is one of five high-risk sex offenders in the city. However, the police

department there hasn’t distributed fliers about the convicted rapist.

Westminster Police Lt. Bill Lewis said the department looked closely

at the crimes committed by Decker but decided not to inform the public

through Megan’s Law about him -- for now.

“He hasn’t had a sex offense in 20-plus years and it didn’t involve

children,” he said. “We have to believe a person is an inherit danger to

the community.

“The law is nebulous. How can any department forecast the future and

determine whether someone will re-offend? It’s a guessing game.”

The decision not to pass out fliers prompted one resident to take

matters into her own hands. The resident, who is a neighbor of Decker’s,

decided to make up her own fliers when she learned Decker was living in

her apartment complex. Producing homemade fliers wasn’t the intent of

Megan’s Law, police agencies agree.

Costa Mesa Police Chief Dave Snowden stands by the department’s

decision to inform residents about Decker. He can’t speak for other

police departments but he said protecting residents from sexual predators

is a priority.

“We did the right thing, no doubt,” he said. “Each community calls for

different standards. We do everything we can to make our residents feel

safe.”

Decker has encountered resistance before from other cities. The cities

of Newport Beach, Huntington Beach and Garden Grove were ready to

distribute fliers about Decker when they learned he was going to live in

their neighborhoods. He never moved to any of those locations.

Phillips maintains his client doesn’t pose a serious threat to any

community but no one will take his word for it. He believes if people

have a serious problem with sex offenders living near them, maybe they

should lobby for stiffer prison terms.

“Megan’s Law creates the illusion of safety,” he said. “The public

think people like Decker are the devil. Let a neutral party, not a police

department, decide whether someone is high risk. They at least study law

for a living.”

Decker still has a pending $1-million lawsuit against his former

landlord in Costa Mesa.