Sidney Landau: Calif. sex offender deemed "violent predator" gets new trial

(CBS/AP) SANTA ANA, Calif. - A judge ruled Friday that convicted sex offender Sidney Landau, who is designated as a sexually violent predator, will get a new trial to determine if he should remain in a California mental hospital.

Landau was designated as a sexually violent predator - a label that is given to just 1 percent of all sex offenders in California - and has been housed in a mental hospital since 2000.

Upon a release from jail in 1996, twice-convicted pedophile Landau moved in with friends in Southern California, hoping for a new start and a chance to fade into the background.

But Landau was one of the first sex offenders to be targeted in California by Megan's Law. The law derives its name from Megan Kanka, a 7-year-old New Jersey girl who was sexually assaulted and killed in 1994 by a previously convicted sex offender; the crime led to the creation of state and federal Megan's Laws that allow police to provide notification when high-risk sex offenders move into neighborhoods

Landau found himself constantly berated by outraged parents. California police made sure Landau's name and face were widely known and seen. Parents picketed his house with signs and bullhorns. Neighbors called 911 each time he walked out his door. Soon after, Landau lost his job at a thrift store and found himself on the run, chased from various addresses by angry crowds.

After Placentia, Calif., police disclosed Landau's name and address, he was shuffled from city to city in Orange County and evicted from a number of addresses, including motels.

Landau later sued the Placentia police in federal court, saying they violated his privacy rights, but he lost and went on to serve more time on three parole violations.

On the eve of his final release in 2000, prison officials referred him for evaluation as a sexually violent predator. Landau was housed for six years in the state mental hospital while he awaited a jury trial to determine whether he should be civilly committed. Two trials resulted in hung juries but Landau was committed for an indefinite period in 2009 after a third jury found him to be a sexually violent predator.

The now 70-year-old petitioned for his release in 2010 after a state doctor found he could be released under supervision with no risk to the public because of his advancing age.

Orange County Superior Court Judge W. Michael Hayes indicated Landau had done as much as he could to show probable cause to deserve a hearing.

"Ultimately, when it comes down to it, Mr. Landau served all of his time. He served each and every minute that the government asked of him and paid his dues and he's no longer a danger to society," she said. "He hasn't done anything in 20 or 30 years and he really wants to go home."

Experts who study California's statutes on sexually violent predators, however, say Landau faces an extremely difficult fight to regain his freedom.

Under the law, enacted in 1996, offenders who are convicted of a sexually violent offense, have at least one victim and are diagnosed with a mental disorder that makes them likely to reoffend can be committed to a mental hospital for treatment after a rigorous legal process that involves findings by doctors, a judge and a jury.

There are currently 533 people statewide who have been formally committed to a mental hospital for an indeterminate time because they are deemed to be sexually violent predators and another 321 who are housed at Coalinga State Hospital awaiting a determination, said Deborah Ireland, a spokeswoman for the hospital.

Ninety-one sexually violent predators have been released since 2006, Ireland said, but it wasn't immediately clear whether those individuals gained release through a jury trial or other avenue.

The defense requested a jury trial and the judge scheduled it for Oct. 22. Landau was convicted of molesting two boys in the 1980s and was paroled in 1996.