State v. Morris
1995 WL 562253 (Del. Super.)
Morris, then age 23, was convicted of sexually abusing an 11 year
old girl and an 8 year old boy.
In imposing a lengthy sentence, the court expressed concern that
he would be a "sexual predator" when he was released from custody. The
court denied a motion to reduce the sentence, explaining that the motion
"does not begin to address Defendant's life-long problems. Nor does it
provide a plan for Defendant's future, commensurate with the level of his
problems and the risk he poses to the community." 1995 WL 562253 at *1.
This appears to suggest that the court would have been willing to consider
a shorter period of imprisonment if the defense had proposed some plan for
treatment and effective monitoring.
The court also expressed concern about the failure of the state to
help Morris earlier in his life.
"His problems began even before his birth. Defendant's parents
were alcoholics. One doctor has opined that Defendant possibly was a
victim of Fetal Alcohol syndrome. Defendant has been diagnosed with
mental
retardation (moderate to mild), Attention Deficit Disorder and Conduct
Disorder--socialized aggressive. Before Defendant was 20 months old, he
was a ward of the State and has been in foster homes or institutionalized,
almost continually, ever since. The State never found a permanent
placement, in part, because he carries so much emotional and psychological
baggage. It is sad to see how Defendant was moved from one place to
another."
1995 WL 562253 at *1.
This case appears to illustrate how a state's failure to deal with
the problems of FAS in childhood can cause serious harms once the
individual reaches adulthood.