HomeNews

Court sets aside sexual predator label for Loren Huss

Font Size:
Default font size
Larger font size

DES MOINES - In the latest chapter in decades of legal battling, the Iowa Supreme Court on Wednesday set aside the sexual predator designation of a man acquitted by reason of insanity in the 1986 mutilation slaying of his girlfriend.

But the court also ordered additional proceedings, including a possible jury trial on whether Loren G. Huss Jr. should be declared a sexually violent predator.

Under Iowa's sexual predator laws, prison inmates can be held beyond the expiration of their term, until authorities determine they no longer are a potential danger to society.

Huss had refused to submit to a psychological exam, arguing that he would give up protection against self-incrimination if he did so.

A lower court judge used that refusal as grounds to declare Huss a sexual predator, allowing him to be held beyond his prison term.

The high court reversed that decision.

"Based on the circumstances that existed, we find that Huss did have a colorable excuse of not submitting to the examination," the court said.

The Huss case is a familiar one for the high court, which described the latest case as "another chapter in a line of appeals."

Huss' first-degree murder conviction in the 1986 slaying of 22-year-old Marilyn Sheets was overturned. He eventually was found not guilty by reason of insanity.

The Supreme Court overturned the state's initial designation of Huss as a sexual predator last year, saying there was no "recent overt act" which showed that Huss presented a danger to society.

The court at that time sent the case back for more proceedings, and officials again moved to have Huss declared a sexual predator. During those proceedings, they sought a psychological exam. When Huss refused a, lower court judge imposed the sanction.

Sheets' body was found in a blood-soaked apartment in Des Moines. Her nose had been bitten off and her eyes gouged out.

At a hearing in July, prosecutors said Huss' criminal record includes a third-degree sexual abuse conviction involving a gang rape in 1981 and a second-degree robbery conviction the same year. The robbery conviction initially involved a sexual abuse allegation that was not proven.

The Iowa attorney general's office said the ruling resolved several important issues in the state's favor, including confirming that the civil commitment may proceed.

"We look forward to a speedy trial," said a statement issued by the office.

Mark Smith, an assistant state public defender handling Huss' case, said he had not yet spoken to Huss about the court's ruling and probably would meet with him next week. Huss remains held in the sexual predator unit at the Cherokee Mental Health Institute.

"The law provides that once the Supreme Court returns the case to the district court that he be tried within 90 days," Smith said. "That's assuming … there would have to be evaluations by a psychiatrist."

Smith said the court's rulings may have removed Huss' objections to such an exam.

"He has declined to have one prior to this time, but as the decision says the reason for his refusal may have been set aside somewhat by this decision," Smith said.

Print Email

/news
 
Sponsored by:

Connect with Us