Court of Appeals of Texas, Fourth District, San Antonio
the 38th Judicial District Court, Medina County, Texas Trial
Court No. 16-05-23661-CV Honorable H. Paul Canales, Judge
Bryan Marion, Chief Justice Karen Angelini, Justice Patricia
O. Alvarez, Justice
case involves a civil commitment pursuant to the Sexually
Violent Predator Act ("SVP"). See Tex.
Health & Safety Code Ann. § 841.001-.151 (West
2017). After a jury trial, Appellant Louis Anthony Colantuono
was found to be a sexually violent predator and was civilly
committed for sex-offender treatment and supervision. On
appeal, he argues the evidence is legally and factually
insufficient to support the jury's finding that he
suffers from a behavioral abnormality that makes him likely
to engage in a predatory act of sexual violence. He also
argues the trial court erred in excluding testimony from his
expert witness about possible future conditions of parole
supervision. We affirm.
2016, the State filed a petition alleging that Colantuono was
a sexually violent predator and requesting that he be
committed for treatment and supervision pursuant to Title 11,
Chapter 841 of the Texas Health and Safety Code. At trial,
evidence regarding Colantuono's prior sexual convictions
was admitted, proving that Colantuono had five previous
convictions in California for sexual acts against children
and was currently serving a thirty-year sentence in Texas for
aggravated sexual assault of a child. Colantuono has been
imprisoned since 1995.
trial, Colantuono testified that he had had several
relationships with boys, whom he described as
"throwaways." According to Colantuono,
"they're not only throwaways, but some of them are
just neglected. Their fam-their families are alcoholics, drug
addicts, and everything else, you know, and
that's-that's it. They're-They're
lonely." Colantuono testified he would take care of
these boys and feed them. He admitted to being a member of
the National Association of Man/Boy Lovers, which he joined
because he had heard he could get legal help from the
organization. Colantuono admitted that he has
"masturbated to boys" and testified he has "a
great love for boys." Colantuono became a "boy
lover" when he was twelve years old and was sodomized by
another boy. Colantuono testified that his "age
preference is actually 12, 13, 14, 15, 24."
testified that he was first convicted of a sexual crime in
1963 in California when he was about twenty-five years old.
While driving an ice cream truck, he saw two boys
hitchhiking. Colantuono was accused of touching the penis of
one of the boys.
I was just meeting those kids, and this one fourteen-year-old
boy turned around and was jealous that the thirteen-year-old
wanted to go with me, and he told lies about us. I don't
want to drag any children into court and say, "Here.
You've got to stand here and you've got to say this
and that." You know, so I just pled guilty.
denied any sexual contact with the boys, although he
testified he "sure wish[ed] he could have made love
to" one of them. Colantuono was convicted of lewd and
lascivious contact against one of the boys. He was committed
to a mentally disordered sex offender program and was found
by the court to be a "probable sexual psychopath."
admitted that he was subsequently convicted of four more
sexual offenses in California involving children, including
one related to putting his penis in a boy's anus and
another related to putting his mouth on a child's penis.
Colantuono testified about sexually abusing an eleven-year
old boy named Oliver who had been part of a "camping
group" that Colantuono led. Colantuono estimated he
sodomized Oliver seven or eight times over a period of six
months. Colantuono testified he believed the relationship was
consensual, but admitted that Oliver had not characterized
the relationship that way:
I didn't say I threatened him [Oliver]. He said I
threatened him. He said that I threatened him that I was
going to shoot him with a shotgun - a shotgun. The word was,
"Be careful, Oliver. I'm ready to shoot cum, "
not shoot him with a shotgun.
testified he had a relationship with another boy in the
"camping group" who was fourteen years-old. The
boy, Jerry, moved into Colantuono's home. Colantuono
described the sexual relationship as consensual and lasting
for two-and-a-half years. Colantuono also testified he took
an eleven-year-old boy on a camping trip to San Francisco and
sodomized him. Once again, Colantuono testified the sexual
relationship had been consensual. And, Colantuono admitted to
having sodomized a thirteen-year-old boy named Gilbert.
Colantuono testified he would take boys on overnight trips to
Las Vegas or San Francisco and would invite them to stay at
his house. According to Colantuono, he would also offer them
questioned by the State about sexual contact with a
nine-year-old boy and a six-year-old boy, Colantuono denied
having any contact with them, claiming they were too young
1980s, after serving seven and a half years in prison,
Colantuono was released on parole. While on parole, he went
to Mexico, which was against the terms and conditions of his
parole. Colantuono testified he violated the terms of his
parole because of a fifteen-year-old boy named Jason.
Colantuono had met Jason's mother "at the welfare
I invited his mother earlier over for a meal. They told me
they were going to the river. They were going to camp at the
river, and I said, "I've got sleeping bags over at
my house. I'll give them to you. They're brand new,
you know." I didn't expect them to move in on me and
not move once they got in my-my hotel room.
claimed that Jason's mother told Jason to sleep in
Colantuono's bed. Colantuono admitted to masturbating in
the bed while Jason was sleeping. Colantuono testified that
he left for Mexico because he believed he was going to be
charged with another sexual offense.
traveled to Mexico under a false identity. Colantuono
testified that while he was in Mexico, he had a sexual
relationship with a fourteen-year-old boy named Marvin.
According to Colantuono, he was traveling from Mexico to
Texas every week. On one of his trips to Texas, when he was
fifty-four years old, he stayed at a friend's home where
an eleven-year-old girl named Jessica was staying over for a
slumber party. Colantuono claimed he "fell asleep on the
sofa at the top of the bed" and Jessica "was in the
middle of bed." Colantuono testified he woke up to being
"orally copulated by this child." Colantuono
claimed eleven-year-old Jessica tore "her panties off
with one hand, grab[bed] [him] by the penis and pull[ed him]
down over her." Colantuono claimed he "became her
victim." Colantuono testified, "She groomed me and
she got me to do whatever she was going to do with me."
Colantuono claimed Jessica's parents were "using her
as fair trade to supply her-their drugs." Colantuono was
convicted of aggravated sexual assault and ...