San Diego Superior Court

State Court Orders New Trial to Decide Release of Sexually Violent Predator

California's Fourth Appellate District questions whether a San Diego Superior Court judge applied the "correct legal standard" when approving Alvin Quarles' conditional release

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A state appellate court on Monday reversed a San Diego judge's decision to grant conditional release to the "Bolder Than Most Rapist," a sexually violent predator convicted of assaulting and raping more than a dozen victims in the 1980s.

In 1989, Alvin Quarles was sentenced to prison for 50 years after being convicted of a series of sexual assaults that involved 14 different victims -- four of whom were raped at knifepoint.

Last year, San Diego Superior Court Judge David Gill deemed Quarles fit to be reintroduced into the community under a conditional release program. The ruling was met by decries from Quarles' living victims as well as local politicians.

“If I had my pick, I think we ought to put him right next to Judge Gill’s house," County Supervisor Dianne Jacob said.

Alvin Quarled pleaded guilty to raping four women in the mid-80's. Today after completing a little over half of his sentence in a state mental hospital, he is being released. Two of his victims showed up to court to protest his release. NBC 7's Artie Ojeda reports.

California's Fourth Appellate District released a judgement Monday saying that it questioned whether Judge Gill applied the "correct legal standard" when approving Quarles' conditional release.

The three-judge panel is now ordering the superior court to conduct a new trial using the correct legal standard to decide for or against Quarles' conditional release.

Supervisor Jacob and members of the community who petitioned against Quarles' release claimed their input, including that of Quarles' survivors, were not taken into consideration.

"We were not privy to any of the evidence that was presented that was talked about for days. We were completely left out of the process. That is a big problem. This man is dangerous. He has a chance of recommitting, so he’s a danger to the public so the public has a right to know what was in the judge’s mind, what evidence was before the judge and why he made the decision he did," Jacob said.

The supervisor said Quarles will never integrate into a community because his neighbors won't want him there, and recommended he be placed outside of the county far away from his survivors.

Survivor Mary Taylor said fighting Quarles release has been an uphill battle.

“I want to ask Judge Gill how I’m supposed to accept this decision when I’ve been completely cut out of it. For 30 years the courts have been doing things in secret and making deals. That’s how he got the 50-year sentence that really ended up being 25. This was just one more kick in the gut," Taylor said.

Survivor Cynthia Medina told NBC 7 she was disappointed by Judge Gill's decision, but not surprised.

"Can I say I’m relieved because I don’t have to come back again next year? Yes. But do I fear what he will do? Yes," she said.

Median said Judge Gill told her and other survivors that his decision was based in part on it being improbable that Quarles would reoffend.

“He’s a f----ing idiot. He’s an idiot. That’s all I have to say about judge Gill. He has no compassion for the community. He has no compassion for us. I’m getting more and more upset. I’m tired.”

In 2014, after serving 25 years in prison, Quarles was up for parole. However, before he was released, the District Attorney’s office filed a motion to commit him to a state mental hospital.

Quarles has filed multiple petitions for release from the hospital.

Can I say I’m relieved because I don’t have to come back again next year? Yes. But do I fear what he will do? Yes.

Quarles's chance of getting out have now drastically decreased and he may have to take his case to the California Supreme Court, said Ray Mortier, a criminal defense attorney unrelated to the case.

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