By Jim Misunas
LARNED — A resident of the Sexual Predator Treatment Program at Larned State Hospital faces a prison sentence of 51.6 years after a Pawnee County jury convicted him of aggravated sodomy, aggravated sexual battery and sexual battery.
Perry Lee Isley, Jr., 55, received guilty verdicts following a three day trial recently. The charges stem from a series of incidents between Oct. 26, 2011 and Nov. 17, 2011.
Isley faces a presumptive prison sentence of 51.6 years with the Kansas Department of Corrections, based on his criminal history. The defendant has been in the custody of the Ford County Detention Center since April 11, 2012.
At the time of the offenses, Isley was civilly committed for treatment and rehabilitation in the Sexual Predator Treatment Program at Larned State Hospital. Isley was originally convicted in Shawnee County in 1995 on two counts of aggravated indecent liberties with a child under the age of 14.
Isley has escaped twice in the past from protective custody.
In August 2008, a spokesperson for the Kansas Department of Social and Rehabilitation Services reported that Isley apparently hid in a laundry bin and used a tool to cut through security fences. Isley also previously escaped from Pawnee County custody on April 24, 1987.
According to testimony presented at the trial, Isley targeted a new resident of SPTP within a few days of the victim’s arrival to the program on Oct. 26, 2011.
The victim testified that during his first couple of days on the treatment unit, Isley offered him food and Kool Aid. The victim accepted the gifts believing it had been offered as a friendly gesture. But the victim soon realized that Isley expected sexual favors in return.
When questioned by Assistant Pawnee County Attorney Douglas McNett, who presented the state’s case, as to why he naively accepted the items, the victim replied he thought the hospital setting “would be different” than prison.
Later during that first week Isley came into the victim’s room and requested the victim masturbate him. The victim testified he didn’t want to, but complied out of fear and that he didn’t tell any staff because he was embarrassed.
He testified that having just come from prison “telling was something you just don’t do.” He later divulged that a similar incident occurred on Nov. 15, 2011.
Testimony was later presented that as part of an intake assessment in the morning of Nov. 16, 2011, the victim divulged to treatment staff that he felt several fellow SPTP residents were attempting to reposition him to have sex.
He further told staff he felt most residents were simply joking, but that Perry Isley really scared him. He later told investigators that “Isley is a straight up predator.”
The treatment staff testified that when the victim returned for a continuation of assessment in the morning of Nov. 17, 2011, the victim appeared disheveled and unable to focus. When pressed, he told staff that around 6 p.m. on Nov. 16, 2011, Isley came to his room and demanded sex — for each of four food items he had received.
When the victim told him that wasn’t going to happen, Isley physically overpowered the victim. Security footage verified the two men were in the victim’s room during the time frame divulged. DNA evidence was confirmed on the victim’s clothes that matched the defendant.
Defense counsel Paul Oller of Hays, asked the victim why he didn’t escape or fight back when Isley allegedly made the unwanted request.
The victim simply replied, “What did you expect me to do? I only weigh 130 pounds. He is bigger than me. What am I supposed to do?”
In closing arguments, Oller argued that the encounters were consensual and asked the jury to focus on the victim’s lack of a struggle.
McNett, on behalf of the state, told the jury to focus on the victim’s perspective.
When considering the significance of victim’s actions or lack of action and degree of fear he experienced, McNett suggested the jury keep in mind the victim was a timid, small-in stature-person who had just arrived to SPTP after serving 8.5 years in prison without any friends or belongings.
“In the words of the victim — he saw Isley as a straight up predator,” McNett said. “What did you expect him to do?”
The jury deliberated three hours and returned felony guilty verdicts for Isley for aggravated sodomy occurring on or about Nov. 16, 2011 and aggravated sexual battery having been outcome by fear occurring on or about Nov. 15, 2011.
The jury also returned a guilty verdict to a lesser included charge of sexual battery accomplished without force or fear alleged to have occurred the week of Oct. 26, 2011.
After accepting the verdict, Honorable District Judge Bruce T. Gatterman announced sentencing will be scheduled after the completion of the presentence investigation report.