Commissioner of Mental Health v. Gagne

We are presented in this appeal with the question whether a judge of the Superior Court properly declared, over the objection of the defendant, Albert Gagne, that he is no longer a sexually dangerous person.

On June 2, 1980, on a plea of guilty, Gagne was convicted of two counts of forcible rape of a child, two counts of unnatural acts on a child under sixteen years of age, and indecent assault and battery on a child under fourteen years of age. The offenses involved several separate incidents with an eleven year old boy. The trial judge, on the recommendation of the district attorney,…