SPOKANE, Wash. (AP) -- A new sex predator commitment trial has been ordered for a Spokane offender who wrote a note detailing his desire to rape, kidnap and dismember a woman.
Appellate judges ruled Tuesday the personal note did not meet the legal definition of a threat because there was no overt act. Convicted rapist Shawn D. Botner had argued that writing his fantasy was part of his therapy.
The Spokesman-Review reports (http://is.gd/yYS4Jn ) he will continue to be held while prosecutors decide whether to appeal or hold a new commitment trial.
Information from: The Spokesman-Review, http://www.spokesman.com