SAN DIEGO (KGTV) — A sexually violent predator won't be placed at a Rancho Bernardo home after the property owners rescinded their offer for using the home.
In a letter to San Diego Superior Court Judge Theodore Weathers, Bryan and Ming Zublin asked that Douglas Badger not be placed at their North County home at 17836 Frondoso Drive. In the letter, the Zublins said while they were, "previously willing to allow Liberty Healthcare to rent this property, I have since learned additional information that would make it impossible for me to in good conscience to consent to allowing Douglas Badger to reside at my property."
Liberty Healthcare is the agency that contracts with the state to supervise sexually violent predators.
Since the property owners have rescinded their offer to Liberty Healthcare, it effectively voids the recommendation that Badger be placed at the home, according to the San Diego District Attorney's Office.
"Today, Liberty Healthcare, which contracts with the Department of State Hospitals, notified San Diego's Sexual Assault Felony Enforcement (SAFE) Team and the San Diego County District Attorney's Office that the owner of the property has withdrawn his offer to allow the location as a placement option for Badger, making the recommendation null," the DA's Office said in a release.
A new location in Rancho Bernardo may be recommended, at which point a judge will have to determine if the new location is suitable.
"When another location is recommended, the new location will be proposed to the court to determine whether it is suitable," the DA's Office said.
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The letter was released by former City Councilman Carl DeMaio, who has organized efforts to oppose Badger's placement in Rancho Bernardo and previously in the Mount Helix area of La Mesa.
The letter goes on to say, "first you should know that I no longer have confidence in the representations made to me by Liberty Healthcare that served as the basis for me entering into my property holding agreement with them.
Second, after learning additional facts about this neighborhood, I now realize that the risk to public safety associated with this placement is substantially higher than I was led to believe."
It wasn't immediately clear what information Liberty Healthcare makes available to potential lessors such as the Zubins or their specific agreement.
The Zublins' letter said they are exploring legal options in order to terminate their agreement with Liberty Healthcare.
Friday, the public comment period for Badger's proposed placed at the Rancho Bernardo home began. The mail and call-in public comment period ends on Oct. 14, but the public can attend the public hearing on Oct. 29 to voice their opinions as well. Judge Weathers will decide at that hearing if the proposed placement is approved.
Badger was convicted of sexual assaults dating back to 1981 and 1990. He was diagnosed with a Schizoaffective disorder and sexual sadism and has reoffended every time he has been released.
The potential placement is determined by the California Department of State Hospitals (DSH) and the San Diego Superior Court.
Since the announced proposal, Rancho Bernardo neighbors have voiced opposition, holding a rally and town hall to get the public involved in the opposition process.