A New Jersey appellate court on Monday upheld the civil commitment of a man as a sexually violent predator, affirming a lower-court order remanding him to the state’s Special Treatment Unit.
A two-judge panel of the Superior Court’s appellate division agreed with the court’s law division that the man—identified only by his initials—continues to meet the statutory criteria for commitment under the state’s Sexually Violent Predator Act.
Prosecutors said the man sent “several antisemitic and sexually derogatory letters” to the female prosecutor who tried his case, according to the ruling. The opinion does not identify the prosecutor or indicate whether she is Jewish.
An expert witness also cited the man’s “repeated infractions while incarcerated,” including letters described as “offensive or misogynistic, antisemitic, [and] harassing.” The opinion does not specify whether those letters were sent to the same prosecutor or to others.
The man argued his letter-writing was protected under the First Amendment. The appellate panel rejected that claim.
“The letters were relevant to the determination of whether” the man “met the criteria of a sexually violent predator,” the court said, and were therefore admissible.
Under New Jersey law, individuals designated as sexually violent predators may be civilly committed to the Special Treatment Unit after completing their criminal sentences if courts find they pose a continuing danger and are likely to commit acts of sexual violence if released.
