Court denies Oran man's appeal to prove he's not predator

Troy Spencer spent 15 years in state prison and has been confined by the Department of Mental Health ever since.

The Missouri Court of Appeals last week refused to give an Oran man another chance to prove he is not a sexually violent predator.

Troy Spencer, 55, is one of 74 convicted sex offenders confined by the Department of Mental Health in a unit at the Farmington Correctional Center. A Scott County jury declared Spencer to be a dangerous pedophile in March 2004. The Southern District Court of Appeals on Thursday turned down Spencer's attempt to overturn the verdict.

Doctors who testified that Spencer should be kept in confinement also testified that he has a delusional disorder with grandiose features and a personality disorder with narcissistic features.

Spencer, 55, spent 15 years in state prison beginning in 1985 for sexually abusing his daughter 25 to 30 times over a four-year period beginning when she was 6 years old, according to a synopsis of his case included in the opinion.

The abuse took place at Spencer's home in Oran, said former Scott County prosecutor Robert Fuchs.

Prior to his sentencing, an investigation found he had molested his 9-year-old sister when he was 16, pressured a 16-year-old girl into having sex when he was 22 and had sex with a 14- to 16-year-old girl in the Phillipines while in the Navy.

"The mere fact that Spencer may have lacked access to young girls while incarcerated cannot logically support his claim that the state has failed to establish any recent, overt sexual acts," appeals court judge Robert Barney wrote in the unanimous opinion.

The program to keep sexually violent predators in state custody is designed to protect the public and provide treatment for offenders who have served their prison sentences, said Andrea Spillars, chief counsel of the public safety division of the Missouri Attorney General's Office.

The program began in 1999. Of the 74 offenders sent to the program, Spillars said, one has been released.

The appeals court ruling was only the most recent decision against releasing Spencer. In numerous court cases filed since his prison term was set to expire in 2000, he has sought to be released. All of his pleas have been turned down.

While in prison, Spencer repeatedly showed evidence of mental problems and refused treatment on numerous occasions, Barney wrote in the opinion.

"According to his records, Spencer does not take personal responibility for his actions, but instead blames his actions on his diet," Barney wrote. Spencer was diagnosed with paranoid personality disorder in 1989, but refused treatment, Barney wrote.

In 1992, Barney notes, Spencer had an episode where he wrote furiously, paced, refused to wear clothes and became increasingly agitated.

At one point, Spencer claimed he had been released from prison through prayer when, in fact, he was still incarcerated, Barney wrote.

After being placed in the sexually violent predator program, Spencer's continued "bizarre behavior" in 2001 that forced doctors to order involuntary medication, Barney wrote. The order did not take effect until June 2002, the judge wrote, "during which time Spencer was known to stand on his head, explaining that getting more blood flow to his head would release stress and allow him to be stronger."

While in prison, Spencer was offered treatment through the sex offender program on four occasions. He either failed the program or refused to take part each time.

He has been on involuntary medication since 2002, but has indicated he would not continue taking the drugs if released, Barney wrote.

The trial last year was the second for Spencer. A previous verdict that he was a violent sexual predator was overturned because the trial transcript did not show explicit evidence that he had serious difficulty controlling his behavior, Spillars said.

Every person confined under the program is eligible for an annual review, Spillars said. Spencer filed in July for another review. That case is pending in Scott County Circuit Court, with the next hearing set for Wednesday.

The state contends Spencer needs continued confinement, Spillars said. Treating him will be a lengthy process, she said.

"He is very, very uncooperative. The treatment is only as effective as they allow it to be," Spillars said. "Mr. Spencer doesn't abide by the treatment program and doesn't believe it is valid. That is an uphill battle."