Oct 23, 2009 1:41 pm US/Eastern
Sex Offender Arrested For Mass General Attack
BOSTON (WBZ) ―
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David Flavell is a Level 3 Sex Offender
Sex Offender Registry Board
A repeat sex offender who has been the
subject of WBZ I-Team investigations is being held without bail after being arrested again. David Flavell is accused of trying to rape a woman inside a bathroom at Massachusetts General Hospital Thursday afternoon.
Flavell, 40, was arraigned Friday in Boston Municipal Court. He is charged with assault with intent to rape and assault and battery with a dangerous weapon.
THE ATTACK
Prosecutor David Deakin said the attack happened inside the ladies room in the hospital lobby. A 27-year-old employee was washing her face when Flavell entered the restroom. She told police that he put one arm around her throat and another around her waist, wrestling her to the ground.
The victim tried to kick free, at which point Flavell allegedly punched her in the face repeatedly and slammed her head against the floor. She was able to crawl towards the door, bloodied and screaming.
Security officers captured Flavell in the lobby. He was turned over the Boston Police after the victim identified him.
Mass General released a statement calling it "an isolated and highly unusual event. The MGH is fortunate to have a highly skilled and visible Police and Security Department that uses sophisticated technology enabling staff to monitor the organization closely and carefully."
CRIMINAL PAST
Flavell has a long rap sheet and is classified as a Level 3 sex offender, the category considered most likely to reoffend.
Search: Sex Offenders In My Town
According to prosecutors, Flavell's criminal history dates back to 1994. He has four convictions for sex crimes including open and gross lewdness, indecent exposure and assault with intent to rape. He also has four probation violations on his record, and was twice charged with failure to show up in court.
Flavell was most recently convicted last year for peering under a stall in the women's bathroom at a Borders bookstore in Braintree. At the time of his arrest police found three pairs of gloves, a ski mask and duct tape in his backpack. He was sentenced to six months behind bars.
SEXUALLY DANGEROUS?
At a hearing just two months ago, Superior Court Judge Janet Sanders approved Flavell's release from prison after deeming him 'not sexually dangerous.' That decision was based upon testimony from five experts.
Three years ago another judge made the same determination, after hearing testimony from several experts who also reported Flavell was not a threat to society. That judge,
Richard Moses, was the subject of an I-Team investigation into his handling of repeat sex offenders.
A bill proposed by Middlesex District Attorney Gerard Leone is seeking to toughen the process for determining when a repeat offender is too dangerous to be released from prison. The legislation would allow a jury to make that decision, rather than a judge.
'NO MEMORY' OF THE INCIDENT
Flavell's court-appointed attorney, Neil Madden, said his client suffers from psychological issues including depression, and has no specific recollection of Thursday's incident. He says Flavell told him he had been drinking Captain Morgan's with friends shortly before the alleged attack.
He is due back in court next Tuesday, when a court clinician will decide whether to refer him for psychiatric evaluation.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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