State to decide Devlin placement in up to 3 weeks

ST. LOUIS -- A decision on where to imprison Michael Devlin is expected in two to three weeks, a Missouri Corrections spokesman said Wednesday.

Devlin, who pleaded guilty last month to charges tied to the kidnapping and sexual assault of two Missouri boys -- Shawn Hornbeck and Ben Ownby -- is still being evaluated at a Missouri Department of Corrections intake facility in St. Joseph, spokesman Brian Hauswirth said.

Devlin, 41, will remain in a single-man cell, segregated from others, until his assessment is complete and a decision on permanent placement is made, Hauswirth said.

Because Devlin is a high-profile inmate, Corrections staff are concerned for his safety. Among the options being considered are placement in protective custody and in an out-of-state facility.

Devlin attorney Ethan Corlija said the defense team pressed for out-of-state placement for Devlin. But he said neither defense attorneys nor prosecutors have the authority to compel the state to do anything. He and fellow defense attorney Michael Kielty initially had lobbied unsuccessfully for Devlin to be incarcerated in a federal penitentiary.

Missouri allows certain inmates to be transferred out of state if keeping them in the state would expose them to substantial risk of harm.

Corlija said he hasn't seen Devlin since he pleaded guilty early last month to assorted charges of kidnapping, sexual assault, attempted murder and child pornography, and was sentenced to multiple life terms.

"We've talked to the family," he said. "We are planning to see him, but we'd like to know where he's going.

"It sounds like they're exploring all the possibilities," he said. "I'm pleased they're not saying 'Let's stick him in Potosi or Bonne Terre.' There's a lot of thought about where is the best facility to keep him safe."

Kielty said Devlin's family wants him in the safest, most secure facility possible. "That's been their concern all along," he said. "Regardless of what he pleaded guilty to, he's a brother and a son. They're always going to see him as a brother and a son."

Scott Sherman, an attorney and spokesman for Shawn's family, opposes placement outside Missouri.

"I think moving this person to a different state is nothing short of the 'pedophile protection act,' and we are completely opposed to this person doing his time outside of the state of Missouri."

Hauswirth said the Corrections Department is legally responsible for the safety of inmates and staff.

Shawn and Ben were discovered at Devlin's Kirkwood apartment in January. Shawn had been missing four years, and Ben had been missing four days.