Man committed to 21
years seeks release

Warren Miller lost his appeal in
1993 but gained unescorted leaves

By Debra Barayuga
Star-Bulletin

A test to determine potential for violence shows that a man committed to the State Hospital for raping a tourist with a beer bottle and throwing her off Waialae Iki Ridge in 1977 is a psychopath, an expert said.

Dr. Eric Speth, a clinical psychologist at Forensic Psychiatric Services in Vancouver, British Columbia, said in a court hearing yesterday that he reached the conclusion after reviewing the test and other records for Warren Miller.

Miller, 45, is seeking conditional release from the hospital, where he was committed 21 years ago after he was acquitted by reason of insanity.

A Circuit Court judge in 1993 denied a similar request after finding Miller suffered from "sexual sadism and antisocial personality." He was, however, granted unescorted leaves from the hospital for periods of up to 48 hours.

Deputy Public Defender Gary Oakes said if Miller does not have a valid mental illness, the state cannot hold him at the hospital.

Some doctors and hospital staff say Miller is not a risk and could be released under certain conditions, such as electronic monitoring or supervision by the probation office, Oakes said.

But Deputy Prosecutor Jeff Albert said the state feels there is sufficient scientific evidence thatMiller is a psychopath, poses a danger to the community and should not be released.

The hearing before Circuit Court Judge Frances Wong is expected to continue tomorrow. Miller sat quietly throughout yesterday's daylong session, occasionally writing on a note pad as Speth detailed how he reached his conclusions using the revised Hare Psychopathy Check List.

The psychopathy list of 20 characteristics was developed over a period of 30 years by Dr. Robert Hare, a world-renowned research psychologist and expert on psychopathic personalities. It is widely used by parole boards in the United States, Canada and internationally.

Hare, who retired last year as a professor from the University of British Columbia, also took the stand as a state witness yesterday to describe the profile of a psychopath.

"Essentially, they are predators who see other people as prey and spend their lives looking for watering holes -- they go where the action is," Hare said.