- Elizabeth Larson
- Posted On
Judge rules model/actor won't have to register as sex offender
LAKEPORT, Calif. – A model and actor who was arrested twice in less than three weeks for exposing himself in cases in Monterey and Lake counties and later didn't show up for his trial won't have to register temporarily as a sex offender, a judge ruled Thursday.
Judge Richard Martin issued the ruling relating to New York resident Justin Force Lazard, 44, following an hour-long hearing in Lake County Superior Court.
Lazard had been set to go to trial last month on several charges stemming from allegedly exposing himself and masturbating near the Library Park playground during the July 4 festivities in Lakeport in 2006, as Lake County News has reported.
He was charged with three misdemeanor counts – indecent exposure, annoying or molesting a child under age 18, and engaging in lewd conduct in public.
District Attorney Don Anderson and defense attorney Paul Swanson reached a plea agreement in which Lazard would plead guilty to the lewd conduct charge – which doesn't require sex offender registration although the judge can order it – in exchange for dismissing the other charges.
Lazard had also received a plea deal for lewd conduct for exposing himself at a shopping mall in Soledad in Monterey County 19 days before the Lakeport case, according to Soledad officials.
Martin said he was concerned about the fact that the Lakeport incident occurred near the playground and in view of a juvenile. As a result, he suggested at a hearing Jan. 31 that he was considering sex offender registration for Lazard for the three-year term of his probation, which both Anderson and Swanson said they didn't believe was warranted.
In preparation for Thursday's hearing, Martin asked for points and authorities from both Swanson and Anderson by Monday. Swanson submitted his that day and Anderson submitted his Thursday.
Swanson argued that Martin and the court didn't have the authority to have Lazard register since he doesn't live, work or attend school in California. Swanson pointed to Anderson's memorandum that reached the same conclusion.
However, Martin didn't appear to accept that argument. “The court has obviously done some independent research.”
Martin concluded that the court can definitely order sex offender registration for an out-of-state resident but that it would only be activated when that person enters California.
He referred to Swanson's statement at the previous hearing about Lazard purchasing a home in 2006 in Desert Hot Springs, located in Southern California. “That could be problematic,” said Martin.
According to Penal Code 290, if Lazard were in the state for more than five days he would be required to register, Martin said, who cited cases that supported that finding, even for people considered transients.
The duty to register arises when a sex offender enters jurisdiction and leaves, said Martin. “That kind of simplified my concern about that.”
Martin then turned to whether the court had the authority to impose registration. “This appears to be one of those cases in which it is not mandatory but that the court can do it provided that the court makes certain findings.”
Those findings, also covered in Penal Code 290, had to include that a defendant had a sexual compulsion or urge as a cause for committing the crime.
Mandatory registration offenses carry a lifetime registration, but Martin found the court can alter that requirement. “It's this court's impression that it only makes logical sense if I have the discretion of whether to grant it all then I must have the discretion to determine the length of it.”
He cited cases where registrants have asked to have registration lifted before the end of their life, and case law indicated a court could make that decision.
“For all of those reasons the court finds that I do have the power and jurisdiction to terminate this particular registration earlier than a lifetime registration,” which would allow Martin to both impose temporary registration and then later to lift it.
However, he noted, if the registration was to be implemented it would have to be lifted before probation expired, because Martin didn't think he would have jurisdiction beyond the probation term.
When Martin asked Anderson for his response, Anderson said he agreed with Martin's statements.
Martin pointed out that no plea had been entered, as it was left open in case he decided to impose registration and Lazard wanted to withdraw his plea. He wanted it made clear that Lazard wasn't obligated to go forward with the deal. “If he doesn’t want to he's still entitled to a jury trial.”
Doctor says Lazard is responding to therapy, medication
The main purpose of the hearing was for Martin to hear from Lazard's psychiatrist, Dr. Sunil Saxena, who had flown in from New York to give testimony on his patient's progress. Martin wanted to know if Lazard's case was an outgrowth of a momentary indiscretion or a long-term issue.
Saxena – who completed residencies in general and child psychiatry, the former at Harvard Medical School – and who also was on the faculty at Columbia Medical Center, began consulting with Lazard in June of 2007. Since then he estimated meeting with Lazard between 30 and 35 times.
Explaining the incidents in 2006, Saxena suggested that Lazard suffered from “a severe psychotic breakdown” that continued for some time forward.
When he started working with Lazard in 2007, “He was quite sick, even then,” said Saxena.
Lazard was sent to a psychiatric hospital in Boston, where he stayed for four months – which Saxena noted was a longer-than-normal period of time for such a treatment – before being sent to a transitional center. He said Lazard had been hospitalized at St. Helena Hospital in Napa County briefly in 2006 following the Lakeport arrest.
Saxena said he believed Lazard's mental breakdown was a result of untreated mental illness and substance abuse.
Since then, Lazard has had numerous changes in his life, including marriage and the birth of his daughter, which Saxena said has created structure in Lazard's life.
While Lazard's nearly 2-year-old daughter has heart-related problems, Lazard – who has been involved in her care – has not had a relapse, despite the stress of having a sick child. “I think he has done very well compared to what he was doing before.”
Swanson asked Saxena about a letter he submitted about Lazard, written in December of 2008, that said Lazard remained at risk of becoming psychotic if substance abuse continued.
At that time, Saxena explained, Lazard had had two to three minor relapses due to cocaine use during the previous six months. But since then, Saxena said, there had been no other relapses. “That worry has eased.”
Swanson also asked about if Lazard had sexual proclivities toward children. Saxena said he had found no evidence of that.
When a psychotic breakdown occurs, using substances can cause a person to act our further and do inappropriate things like taking off their clothes, said Saxena. He suggested that was what happened in the case of Lazard, who had never shown inappropriate sexual behavior toward children or anyone else.
Saxena said that he felt that was how much he could find out from 40-minute sessions with Lazard.
During Anderson's questioning, Saxena said Lazard could not recall the incident in Lakeport, then added that Lazard denied that he masturbated in public.
Anderson also asked if Lazard was suffering from a breakdown or was a sexual deviant. Saxena said it was a breakdown and added that treatment has worked well in his case.
When asked why the breakdown manifested in sexually deviant behavior like exposing himself, Saxena said, “There are other ways he has done wrong things,” including spending money.
“He's quite impulsive,” said Saxena, noting, “I'm not sure where this sexual thing comes up.”
Anderson next asked if Lazard started using illegal substances again, what was the likelihood he would reoffend or hurt someone in a sexual nature.
“I don't know,” said Saxena, explaining there had been no relapses since 2008. “I don't think anybody can clinically predict what the human behavior would be if you take substances.”
During questioning Saxena stated that he felt it was “hard to believe” what Lazard had done.
Anderson noted that the probation report recommended continuing therapy. Saxena said Lazard “absolutely” needs to continue medication and therapy, and said he would be willing to send quarterly reports to the District Attorney's Office about Lazard's progress.
In his closing argument, Swanson emphasized the changes in Lazard's life and Saxena's testimony about Lazard having no sexual proclivity toward children.
Anderson told the court he made the offer based on several reasons, including his belief that Lazard suffered a mental breakdown.
He said Lazard could be required to register as a sex offender, but that wouldn't give his office the control over Lazard's case that the quarterly reports do. “We have something to hold him by,” and if he doesn't cooperate it would result in a violation of probation and a return for sentencing.
“I think we have much more control under the agreement that I have offered to the defense and has been accepted,” said Anderson.
Martin asked Swanson if Lazard was willing to waive patient confidentiality to release those quarterly reports to the District Attorney's Office. Swanson said yes.
The judge said he felt Saxena's testimony had addressed his concerns. “The court in this case was prepared to give an order that he register and that order be extinguished sometime near the term of his probation if there were no further problems,” but Martin said he didn't believe he could make the necessary legal findings about sexual compulsion based on the evidence.
Martin believed Anderson made a good point, that the quarterly reports offer a certain measure of control in the case and would provide “an early warning system” if there was a problem, at which point it would be up to the District Attorney's Office to file a violation of probation case.
“The public safety will be protected,” Martin said.
Martin said when he first looked at the case, with the activity taking place near a playground, “Alarm bells started going off in my head,” he said, adding, “It's my job to make sure those things don't continue to happen.”
He called Lazard forward. Lazard, wearing khaki pants and a plaid shirt, began to weep as Martin went over the plea form, saying, “Thank you, thank you,” as Swanson patted him on the back.
Lazard entered the plea to lewd conduct in public, with the other charges dismissed. Martin imposed three years' probation, with rules requiring continued mental health counseling and medications, quarterly reports from Lazard's doctor and a $7,500 payment to Lake Family Resource Center, which already has been made.
He also received 30 days in county jail with credit for 30 days previously served and 100 hours of community service, which will be transferred to New York. Lazard was ordered to sign up for the community service by March 29.
“I heard you just thank me for what I did. My job is to be fair to all sides,” Martin said.
He added, “The ball's in your court now. You know what you need to do. If you come back it's your fault.”
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