Judge Favors Serial Rapist

A newspaper headline read: “Ruling favors rapist.” Fargo Judge Steven Marquart refused the state’s motion to commit convicted serial rapist Gero Davis Mahto to the North Dakota State Hospital because psychologists could not say that he is a “sexually dangerous person”—a legal requirement.

A serial “ritualized and systematized” rapist who demonstrates “psychopathic and anti-social” traits and abused drugs and alcohol when he committed his crimes, Mahto spent 14 years in prison where he failed sex offender treatment four times—once for each of his known victims in south Fargo. The article wasn’t clear if he eventually “passed” treatment; he should have been able to after four practice attempts. The Parole Board will release him six years early for good behavior (should rapists be released early for any reason?), and Mahto will live in Jamestown, North Dakota.

A psychologist said Mahto is likely to commit crimes again if he uses alcohol or drugs. As a recovering alcoholic sober since 1974 (knock on wood), I believe that the odds that he will drink or use drugs are high. Where is the common sense?

Judges, lawyers, and experts often live in a linear, dualistic, and fragmented world far from the reality of common sense and community values. A left-brain thought process isolates behavior, assumption on top of assumption (some incorrect) is made, “scientific models” provide the illusion of certainty, and empathy for the victims is forgotten for the “objectivity” of law.

The psychologists say they cannot say with certainty that Mahto will rape again. Oh please—little in life can be predicted with absolute certainty. Can they say with certainty that he will not rape again? Of course they can’t. What do the probabilities say? The probability must be high that he will repeat his past behavior. When uncertain we should decide on the side of the victims, past and future, and on the side of common sense. If the psychologists want to be experts, they must be willing to take a position on what is most likely to happen, not hide behind “scientific models” and the myth of certainty.

Judge Marquart said, “If the state is unhappy with the law, it’s not the job of this court to change it.” I would have felt good had the judge committed the criminal to the state hospital and placed the burden of appeal on him. I would have felt good to see that a judge cared enough about the victims and the community to risk being overturned on appeal. Sometimes doing the right thing is more important than being right. Instead the judge took the easy path and said, “Not my job.” If doing the right thing is not his job then whose is it? We need wiser discernment than this judge demonstrated.

A victim said, “It’s so wrong.” I almost can’t believe this is happening. What’s broken in him has not been fixed with 14 years in prison.” Another victim said, “I was hoping the judge would take that more seriously. The system has failed us over and over in this case.”

I believe the legal system fails women and negates their stories and experiences in cases of abuse, harassment, and physical violence small and large, time and time again.

I invite the local newspaper to investigate justice for women victims in Clay and Cass counties (Fargo/Moorhead). Talk to a cross-section of victims ranging from emotional abuse to stalking to physical assault to rape and murder and listen to their stories. Talk to the experts at the Fargo Rape and Abuse Crisis Center. Examine the education of judges on the subject of abuse. You might find a story.

We live in a country where nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives according to a 1998 Commonwealth Fund survey. More than 500,000 women are stalked each year in the United States by an intimate partner. Around the world today one in every three women has been beaten, coerced into sex, or otherwise abused during her lifetime.

How is “the system” working for us?

SEPTEMBER 8, 2006 POSTSCRIPT:

On September 7, 2006 Judge McCullough ordered Mahto to serve 55 weeks in prison and complete a chemical dependency treatment programe befoe he will be released.

Finally a little common sense.


Tom Heuerman, Ph.D. is a former U.S. Secret Service agent, senior executive at the Star Tribune newspaper, and has been a writer, coach, and consultant since 1994.

I invite you to visit http://www.amorenaturalway.com/ to view my photographs and explore my Pamphlets.