IN RE THE COMMITMENT OF BRADLEY JAMES MANUEL, Appellant
Appeal from the 185th District Court Harris County, Texas
Trial Court Case No. 681719-0101Z
consists of Chief Justice Radack and Justices Higley and
RADACK CHIEF JUSTICE
Bradley James Manuel, appeals his civil commitment under the
sexually violent predator ["SVP"] statute.
See Tex. Health & Safety Code §§
841.001-.153. For a person to be found to be a sexually
violent predator, two elements must be proved: (1) the person
is a repeat sexually violent offender, and (2) the person
suffers from a behavioral abnormality that makes the person
likely to engage in a predatory act of sexual violence.
Id. § 841.003(a). In two related issues on
appeal, appellant contends that the evidence is legally and
factually insufficient to prove the second issue, i.e., that
he suffers from the requisite "behavioral
abnormality." We affirm.
witnesses testified at the civil commitment trial: Appellant
and Dr. Randall Price, a forsensic psychologist. Their
testimony is summarized as follows:
testified that he was sexually abused by an aunt from the age
of 3 until 11; he also claimed that his father sexually
abused him. Appellant claimed to have a good childhood, until
fourth grade, when he became rebellious. He eventually
dropped out of school in the 9th grade. At the age of 12 or
13, he began using drugs, including marihuana, cocaine, LSD,
and heroin. He also sold drugs and exchanged drugs for sex.
Appellant also acknowledged being an alcoholic.
met his common-law wife when he was 20; she had two children
under the age of two at the time. His wife soon had two more
children during their marriage. Appellant gave deposition
testimony acknowledging that he touched his step-daughter
inappropriately when he was bathing her beginning when she
was a one-year-old. He also acknowledged that he bathed both
his step-daughter's and step-son's genitals
"roughly" because he resented being asked to bathe
thought his step-children were "promiscuous"
because the boy, then six years old, would masturbate and
"mess with his sister." He testified that the boy
and girl, then four years old, would play together in a
night, appellant's wife left him with the children and
went to work. He was drinking, smoking marihuana, and
watching pornography. He left the room for a while and
returned to find the boy and girl watching the pornography
and "playing with each other." It made appellant
angry, and he yelled at them, "if that's what
you'll want to do then that's what you-all are going
to do." He then made the girl put her mouth on the
boy's penis, and made the boy put his penis in the
girl's vagina. When the girl complained that it hurt,
appellant made the boy go take a shower. Appellant then made
the girl perform oral sex on him before he penetrated her
both vaginally and anally. When the girl screamed, appellant
stopped and he made her take a bath because "what they
did was disgusting."
became involved and took custody of the children. While the
CPS investigation was proceeding, appellant slept at some
friends' house. The friends had three boys, ages 2, 5,
and 6. While he was staying there, the two older boys claimed
that appellant tied the older boy to a bed and raped him,
while making the younger boy watch.
pleaded guilty to raping his step-daughter, and, though he
continued to deny any other offense, was convicted of raping
his friends' son. He was sentenced to 25 years'
confinement for each offense.
in prison, appellant earned his GED and took some college
classes. He also did some on-the-job training. He also got
into trouble in prison for exposing himself to a female guard
that he claimed was "coming on" to him. He claimed
that he does not need treatment for ...