A Bedford County man, committed for the past decade to the Torrance State Hospital as a violent sexual offender, has lost this latest attempt to be released, the Pennsylvania Superior Court decided.

The appeals court upheld a

July 29, 2020, order by Bedford County Judge Brandi J. Hershey extending the man’s commitment for another year.

The judge, after hearing testimony from Dr. Robert Stein, a member of the Pennsylvania Sexual Offenders Assessment Board, and Dr. Melissa Nossal, the director of the Sexual Responsibility and Treatment Program at Torrance, concluded the 27-year-old would be at “high risk” of committing another sexual offense if he were to be released at this point.

A Superior Court panel consisting of Judges Judith F. Olson, Carolyn H. Nichols and John L. Musmanno wrote in a nine-page opinion, “The trial court, as a finder of fact, was entitled to credit these opinions, and the Court will not reassess or reweigh the evidence.”

Stein testified before Hershey that the former Bedford County resident, who was 17 years old when he sexually assaulted a 26-year-old intellectually disabled woman, suffered from a variety of mental health issues and that his progress in learning to control his behavior has been slow.

Nossal, who heads the treatment program at Torrance, indicated that it has eight levels.

The Bedford man at the time of the hearing in 2020 remained on level two.

He was making progress in his efforts to move to the next level.

Her testimony included the opinion that the patient had a few setbacks during the previous year but that he was “able to manage himself more skillfully” than in the past.

The man, who was represented by attorney Karen Sue Hickey, challenged the expert opinions that he continued to have difficulty controlling his sexually violent behavior while an inpatient.

In his own defense, the man contended there were “zero indications” he was having difficulty in controlling his behavior.

He admitted he had some “setbacks,” but argued that he had made progress.

He stated the setbacks were “minor displays of frustration” and that they resulted from “the program’s unattainable and ill-defined expectations” and his being “trapped in a system (from which) he is unable to extricate himself.”

He was committed for treatment under Pennsylvania Act 21 which permits extended treatment for juvenile sex offenders who are considered high risks for recidivism even though the are beyond the age of 21.

The Bedford man has received annual reviews of his commitment since 2015.

He has challenged his designation as a sexually violent delinquent and more recently lost his challenge to the constitutionality of Act 21.

In that appeal, he charged that the act was punitive and violated his due process.