HERBERT E. DROSTE BOUND OVER FOR TRIAL UNDER STATE'S SEXUALLY VIOLENT PERSON STATUTE

Oct 20 2014
HERBERT E. DROSTE BOUND OVER FOR TRIAL UNDER STATE'S SEXUALLY VIOLENT PERSON STATUTE

 

MADISON — Attorney General J.B. Van Hollen announced today that Juneau County Circuit Court Judge Paul Curran, presiding in Adams County, found probable cause to believe that Herbert E. Droste, 62, is a sexually violent person.  The Wisconsin Department of Justice filed a petition under the State’s sexually violent person law against Herbert E. Droste on August 15, 2014.

 

Chapter 980 of the Wisconsin Statutes relates to the control, care and treatment of sexually violent persons.  Under Wisconsin law, a person may be subject to a civil commitment when the person has been convicted of a sexually violent offense, has a mental disorder, and is dangerous to others because the mental disorder makes it likely he or she will commit further acts of sexual violence.  A civil commitment is defined in Wisconsin law as commitment to the custody and care of the Department of Health Services for control, care, and treatment until the person is no longer considered sexually violent.

 

According to the petition, in July 1980 Droste was convicted, in separate cases, of first degree sexual assault and second degree murder.  Droste was sentenced to 15 years imprisonment on the sexual assault, and 20 years consecutive imprisonment on the second degree murder.  Droste was discharged from the Wisconsin Department of Corrections on August 19, 2014, and will be detained at a Department of Health Services facility to await trial on the petition.

 

The state’s petition alleges that Droste suffers from a mental condition that predisposes him to engage in acts of sexual violence.  The petition also alleges that Droste is dangerous as his mental disorder makes it likely that he will engage in future acts of sexual violence.  A petition is only an allegation and a finding of probable cause only allows the state’s case to move forward.  Droste is legally presumed not to be a sexually violent person unless and until the state proves him to be a sexually violent person at a trial.

 

 

Assistant Attorney General Richard J. Dufour represents the state in this case.