AG: Wayne Chapman should be held as a sexually dangerous person

On Wednesday, Massachusetts Attorney General Maura Healey weighed in on the controversial release of convicted child rapist Wayne Chapman.

Healey is asking the state's highest court to keep Chapman locked up, saying he's a sexually dangerous person who should not be released back into society.

Chapman admitted to molesting as many as 100 children in his lifetime. He has spent 43 years in prison, but recently has made headlines as two mental health experts ruled him no longer a threat to children.

However, the attorney general is asking the Supreme Judicial Court to keep the convicted sex offender held as a sexually dangerous person, writing in her brief:

“Several strands of case law have combined to generate unintended consequences that many insufficiently protect the public interest."

Wendy Murphy, the attorney representing many of Chapman's victims has appealed Chapman's release herself. She says she's very happy with the attorney general's opinion.

"Today we got the best news possible which is the AG agrees with us and thinks the SJC should step in and clarify its ruling," said Murphy.

Murphy filed her own briefing after the SJC asked her to explain why the court should keep Chapman behind bars. She says it goes back to the interpretation of a 2009 case called the Johnstone ruling and how it's been interpreted by the courts until now.

“In Johnstone the SJC said if 2 qualified examiner’s agree the person is not dangerous, he has to be released," said Murphy.

Murphy is concerned as to how those qualified examiners are chosen.

“A court didn’t appoint them they appointed themselves when the DOC developed a contract with their company," said Murphy.

She believes that's not what the Johnstone ruling really says.

"In the SJC’s decision in the Johnstone Ruling they say these qualified examiners are court appointed," said Murphy.

She added the judges should then review the examiner's decision. AG Healey agrees a judicial review is in order.

In her brief, the AG also mentions that the victims should be heard in the process, something Murphy applauds.

There is no exact time frame yet on when the SJC will make its ruling, but it is expected to be soon.

Chapman remains locked up. His lawyer says his medical condition requires Chapman to receive daily assistance and needs to be in a facility that can meet those needs.

>> MORE FROM BOSTON 25 NEWS

Cox Media Group