A Minersville man who committed sex-related crimes against four boys over the course of nine years is a sexually violent predator, a Schuylkill County judge ruled Monday.
James L. O’Brien, 51, must attend monthly counseling sessions, in addition to being subject to lifetime Megan’s Law sanctions, because he is a sexually violent predator, Judge Cyrus Palmer Dolbin ruled.
In so ruling, Dolbin accepted the testimony of Pottsville psychologist Joseph B. Sheris, a member of the state Sexual Offenders Assessment Board, who evaluated O’Brien and determined he was a sexually violent predator.
“There is enough to meet the criteria of a pedophilic disorder,” Sheris testified.
O’Brien pleaded guilty on Dec. 11, 2015, to two counts of indecent assault and one of corruption of minors in the first case, indecent exposure in the second, indecent assault, corruption of minors and indecent exposure in the third and indecent assault in the fourth. Prosecutors withdrew two additional counts of corruption of minors, one additional count of indecent exposure and one count each of involuntary deviate sexual intercourse and attempted involuntary deviate sexual intercourse.
At that time, Dolbin sentence O’Brien to serve three to six years in a state correctional institution, plus an additional five years on probation, pay costs and $150 to the Criminal Justice Enhancement Account, have no contact with the victims or their families and submit a DNA sample to law enforcement authorities. Dolbin also imposed lifetime Megan’s Law sanctions against O’Brien at that time.
Minersville police filed the charges in all four cases against O’Brien, alleging he had sexual contact with boys at his residence beginning on Jan. 25, 2006, and continuing until Nov. 30, 2014. Police said one of the boys was a victim of indecent assaults from Jan. 25, 2006, when he was 10 years old, until Jan. 25, 2012, when he was 17.
Sheris, who was the only witness to testify Monday, said O’Brien had multiple victims and committed the acts over several years, indicating deviance and a willingness to take risks. Furthermore, he said, the victims being as young as 8 years old also is extremely troublesome.
“This would indicate sexual interest (in), and arousal to, children,” Sheris said.
Sheris also said O’Brien’s age, between 40 and 49 when he committed his crimes, was a factor.
“That suggests long-standing deviance,” he said.
O’Brien did not testify or offer any other evidence. He asked only for another evaluation, a request Dolbin rejected.
The Megan’s Law sanctions to which O’Brien will be subject after he leaves prison require him to provide his name, address, employment, any schools he might attend, registration of any vehicles he owns and other information to the Pennsylvania State Police for the rest of his life. Any violation of the sanctions would be an additional crime and subject O’Brien to further prosecution.
Megan’s Law was enacted in Pennsylvania, numerous other states and at the federal level after the July 29, 1994, murder of Megan Nicole Kanka, 7, in Hamilton Township, New Jersey.
Jesse Timmendequas, Kanka’s killer, was one of her neighbors and a twice-convicted sex offender. His death sentence was commuted to life imprisonment after New Jersey enacted legislation to abolish the death penalty in that state.
Defendant: James L. O’Brien
Age: 51
Residence: Minersville
Crimes committed: Four counts of indecent assault and two each of corruption of minors and indecent exposure
Prison sentence: Three to six years in a state correctional institution, plus an additional five years on probation, and lifetime Megan’s Law sanctions