It was an emotional day in the Asotin County Superior Courtroom as rape victims, family members and friends all listened to the reasoning and justification for release of a convicted rapist.
"We would ask the court to accept the stipulation and to enter the order that's being presented this morning." said Defense Attorney Lin-Marie Nacht.
"Because the victims aren't a party here," said victim Amy Puschert. "It doesn't benefit anybody!"
"Prosecutor Nichols is unable to come up with any qualified medical evidence to refute the last three findings by three different doctors that work for DSHS," said Hells Canyon Circuit Superior Court Judge William Acey.
Monte Hoisington, 61, sat in on the hearing via teleconference and listened to two victims fight for his continued imprisonment. One victim was raped in Asotin County in 1991 and the other in the Lewiston area in 1977.
"Have you ever had anybody break into your house, put tape around your head and hold a knife to your throat? I am terrified," said Puschert.
"Where ever Hoisington ends up living, upon his release should be a community that is afraid for every female that lives there," said victim's friend Sharon Fuller.
"I firmly believe that when he gets out he will offend again," said Investigative Detective Tom White.
Yet despite the pleas of the courtroom audience Judge Acey stated he could not ignore the medical evaluations including the most recent one from Dr. Daniel Yanisch in October, who's employed by the Washington Department of Social Health Services.
"And in conclusion in his report, and I'll just quote it, 'It is my professional opinion that Mr. Hoisington no longer appears to meet the definition of a sexually violent predator period," said Acey.
"I swore an oath, when I took office, to uphold the law," said Acey. "No matter what my personal feelings were before any issue that had come before me. It is my duty, however reluctant to approve the stipulation."
Hoisington is scheduled to be released on June 12th from the Special Commitment Center on McNeil Island. If he breaks any of the rules presented in stipulation for order of dismissal, he is subject to arrest.
A few of the rules include absolutely no contact with the victims
and no threatening or stalking behavior against a female. No possession of weapons, drugs, alcohol or pornography and he's not allowed to have any kind of presence in an adult entertainment establishment.