07/21/2022
Sheriff candidate John Hemmerling strongly opposes the placement of Sexually Violent Predator (SVP) and Child Molester Douglas Badger in the Borrego Springs community.
Hemmerling provided the following public comment to the SVP Release/SAFE Task Force for presentation to Judge Theodore Weathers, who will determine the suitability of this placement at a court hearing on August 5, 2022:
Honorable Theodore Weathers
Judge of the Superior Court for the County of San Diego
Department 1702
Central Courthouse
1100 Union Street
San Diego, CA 92101
Re: Hearing re Placement of Sexually Violent Predator Douglas Badger in Borrego Springs, Department 1702, August 5, 2022, 9:00 a.m.
Dear Judge Weathers:
I am writing as a concerned citizen to strongly oppose the placement of Sexually Violent Predator (SVP) and Child Molester Douglas Badger in the Borrego Springs community.
One of the primary functions of government, including the San Diego County Sheriff’s Department and other local law enforcement, is to protect the community from violent predators. Likewise, citizens deserve the protection by a deliberative, informed and public safety-minded judicial branch. Judges must weigh the rights of a convicted felon against the best interests of a law-abiding community. The balance in the case of a Child Molester and Violent Predator weighs heavily in favor of the law-abiding community.
I fully support District Attorney Summer Stephan’s ongoing efforts to prevent SVP Badger’s release into Borrego Springs. This is based on the fact that Badger has been determined by multiple qualified SVP examiners in the past as likely to engage in s*xually violent criminal behavior if he was released into ANY community. Over the last 10 years attempts for Conditional Release have either been denied, revoked or withdrawn. For good reason.
SVP Badger is diagnosed with Sexual Sa**sm Disorder. Between 1959 and 1991, he was convicted of several offenses, including child molestation, kidnapping, and forcible oral copulation in concert. His victims were young, and many of them hitchhikers. He served five separate prison terms and three parole violations in between 1975 and 1991.
In 2022, s*xual offenders don’t have to go to parks or drive around in vans looking for persons to victimize. They can get their hands on computers or personal communication devices in their own home and lure their victims to them. The court can try to restrict this access; however, these s*xual offenders always find a way.
Everything about releasing this Sexually Violent Predator into the Borrego Springs area is wrong. There are multiple schools, homes with children, youth organizations and community centers within a short distance of the proposed site. This placement of an individual with a violent criminal history, who has been deemed likely to reoffend, presents significant, disqualifying public safety and law enforcement concerns.
GPS monitors can be effective, however, as we all know, they don’t work the best in remote, desert areas. The Borrego Springs area is challengingly remote to police, and even more so to monitor a predator. An SVP should be only placed at a location where authorities can easily and often check up on him. That location should also be most conducive to a GPS ankle monitoring system that would work flawlessly without interference. Placement should only be permitted at a location where the predator can’t easily hide when Law Enforcement is called, and the response time is immediate.
The California citizens and legislature who passed the s*x offender laws expect both the executive and judicial branches of government to protect them from Sexual Violent Predators. The constitutional rights to Life, Liberty and the Pursuit of Happiness of those in the Borrego Springs area will be severely infringed upon if the predator is allowed to live in this rural community.
For that reason, I call on you to make the right decision, as you did when you denied his placement in Mount Helix in 2021 and DENY the placement of SVP Badger in Borrego Springs.
Sincerely,
John C Hemmerling
John Hemmerling,
Colonel USMCR (ret)
Chief Criminal Prosecutor (ret)
San Diego CA
Hemmerling’s career spans 28 years of dedicated service to the City of San Diego as an attorney and an SDPD beat cop. He also served 30 years in the Marines, both active duty and reserve, retiring as a Colonel. For the past six years, retired Chief Criminal Prosecutor Hemmerling headed the Criminal and Community Justice Divisions in the San Diego City Attorney’s Office, where he led 75 lawyers and 125 support staff, and prosecuted more than 18,000 misdemeanor criminal cases a year. He also served as the top legal advisor to two former San Diego Police Chiefs, including Shelley Zimmerman who has endorsed him.
Hemmerling’s endorsements include Mayors Bill Wells (El Cajon), John Minto (Santee), and Richard Bailey (Coronado); former-San Diego Mayor Kevin Faulconer; retired-San Diego Police Chief Shelley Zimmerman; San Diego Councilmember Chris Cate; La Mesa Councilmember Bill Baber; the San Diego Deputy City Attorneys Association; San Diego Asian Americans for Equality; and the Republican Parties of California and San Diego County.
For more info, go to https://www.johnhemmerlingforsheriff.com/