"I believe that I have an obligation to require him to do so," said Judge John Kennedy. "I do order that Mr. Verse comply with such a prescription."
Kennedy's ruling in Superior Court in Martinez came at the end of a full-day hearing where psychiatrist testified about whether Verse should use the testosterone-reducer, Lupron.
In the past, Verse, 36, and the state Department of Mental Health have mutually agreed on the terms of his conditional release as an outpatient in the Sexually Violent Predator program.
But he no longer wanted to take Lupron -- a drug that reduces testosterone.
Verse's attorney, Ron Boyer, argued that Verse can live safely in the community without taking Lupron, and the drug has side effects, such as diabetes, that could harm his health.
The mental health department released the four-time sex offender under a highly supervised program in 2004. He settled in Bay Point in 2005 and lived there for one and a half years using a GPS monitor everywhere he went, undergoing chemical castration and receiving state authorizations for any acquaintance he met.
Judge John Kennedy sent him back to Atascadero State Mental Hospital for further treatment after Walnut Creek police found him in November 2006 driving the teenage son of friends.
Superior court judges routinely order patients held by the mental health department to take anti-psychotic drugs. However, it is unclear whether a Superior Court judge has ever ordered any sex offender to use sex-drive reducing drugs.
Boyer, Kennedy and deputy district attorney Brian Haynes acknowledge that a defendant has never raised the issue on appeal.
Verse's former psychiatrist testified that once released from the mental hospital to Bay Point, Verse will pose a danger unless he uses Lupron. He said he would not treat Verse without it.
"I don't think he can be safely managed in the community without it," said Albany-based psychiatrist Douglas Tucker.
He said that Verse, whose convictions all involve males, wants to stop taking Lupron so he can pursue romantic relationships with women. Tucker was concerned that he could pose a threat to men because he has repressed his homosexual desires for religious reasons.
"If we allow his sex drive to return, clinically, a much more likely situation," is that he will develop feelings that lead to sexual assault, Tucker testified.
Alan Abrams, a Washington, D.C.-based psychiatrist, testified by phone on Verse's behalf, saying that nobody has conducted a scientific study of Lupron's effectiveness treating sex offenders.
The Food and Drug Administration has not approved Lupron's use for reducing sex drive in sex offenders. Abrams said he considers it an experimental drug.
"In medicine, that's no different than people using herbs to cure cancer," he said. "It's not a scientifically recognized treatment (for sex offenders)."
Kennedy also ordered tighter restrictions on Verse in light of his recent violation, forbidding him to have minor in his home, giving anything to a minor, dating anyone who has a child or possessing children's clothes or toys.
Contrary to a request by the District Attorney's Office, Kennedy ordered that Verse can access the Internet.
"There have been no instances where he used the Internet inappropriately," Kennedy said.
Kennedy denied Boyer's request at the outset of the hearing to close the hearing from public view.
Reach Bruce Gerstman at 925-952-2670 or email@example.com.