Violent sex offender may be freed

After more than 25 years behind bars for two sex crimes, Stephen E. Mislich was back in jail only four months after his release.

He's accused of telephone harassment of a former state employee with whom prosecutors said he developed an infatuation.

But Mislich, who agreed to undergo chemical castration as a condition of his release, may be set free again.

DuPage Circuit Judge George Bakalis is expected to rule today on Mislich's request to drop the charges.

The 44-year-old Chicago man was accused Nov. 9 of calling a woman he met while in a secured state facility for convicted sex offenders deemed too violent for release. The woman since changed jobs.

Prosecutors said Mislich tracked her down at her new job in Lisle and, in the phone call, said: "Hi (victim's name). This is Stephen Mislich. I am out of prison and I know where you work."

The defense argues authorities lack sufficient evidence -- such as telephone records -- to prove Mislich made the call and, even if he did, that it was threatening in nature.

On Dec. 4, a DuPage County grand jury indicted Mislich on the felony after listening to a Lisle police detective's testimony. Members also were told of Mislich's criminal past.

Jamie Escuder, a senior DuPage County assistant public defender, argues prosecutors intentionally inflamed the passions of the grand jury in violation of Mislich's due process rights.

Escuder said the indictment was "a product of fear rather than a reasoned analysis" of the evidence.

Prosecutor Liam Brennan concedes that while the case may not be inherently harassing, it rises to that level due to the parties' prior relationship and because of an earlier threat Mislich is alleged to have made against the woman.

Mislich has been in the DuPage County jail since his Nov. 10 arrest on a $2 million bond. Prosecutors sought the high bond because of his violent past.

But for a few months before his arrest, Mislich had been in prison since he was 17 for two sex attacks.

On July 7, 1980, he forced a woman to perform a sexual act after pushing his way into her car outside a Cook County mall. Mislich then made her cash her paycheck at a bank and dropped her off at a tollbooth before fleeing with her money and car.

Police arrested him, but Mislich was set free after posting 10 percent of a $300,000 bond. Four months later, while still free on bond, Mislich posed as an Election Day pollster to gain entry into a Country Club Hills home.

Inside, he raped the female homeowner at knifepoint, forced her into a bathtub and tried to electrocute her by throwing a hair dryer into the water.

She escaped from the bathroom but fell near the front door. Mislich caught up to her and stabbed her up to 16 times. Neighbors called 911 after hearing screams. She survived her injuries.

Mislich, formerly of Hazel Crest, pleaded guilty but mentally ill to both sex attacks. On March 26, 1982, he began a 36-year sentence.

He was due to be freed Aug. 6, 1998, after serving half his prison term, but authorities convinced a Cook County judge to have Mislich detained indefinitely under a state law for those deemed sexually violent.

The law allows authorities to force sex offenders to stay in a state mental treatment facility if prosecutors prove another crime is probable. Eighteen other states have the same law. In Illinois, about 215 convicted sex offenders have been civilly committed, while another 150 petitions are pending.

A prison psychologist testified during Mislich's September 1998 civil commitment court proceedings that the defendant has an anti-social personality disorder and sexual sadism that make him a high risk to become a serial sex killer.

Mislich remained civilly committed in prison in a section maintained by the Illinois Department of Health and Human Services until July, when he was granted a conditional release.

Mislich registered with police as a convicted sex offender. He also wore a GPS tracking device so that police could monitor his every step. Furthermore, he began a voluntary process to be chemically castrated, a temporary form of castration induced by hormonal medicines, to control his deviant urges, according to court records.

Four months later, as Mislich searched for a job, Lisle police came to his apartment at 6353 S. Kedzie Ave. in Chicago to investigate the telephone harassment claim.

Authorities filed a petition Nov. 13 to revoke his conditional discharge based on the latest allegation. If Bakalis dismisses the Lisle police arrest, it's unclear if Mislich still will be detained in the civil commitment proceeding, where the standard of proof is lower than that in a criminal courtroom that requires proof beyond a reasonable doubt.