Brighton, N.Y. - A man convicted of raping a comatose woman at a nursing home in Brighton in 1995 will be released from prison as soon as March 4.
John Horace was sentenced to 8 1/3 to 25 years in prison but under laws from the 1990s must be released after serving 2/3 of the minimum sentence.
A spokesperson for the New York Attorney General’s office said Tuesday the Office of Mental Health never recommended Horace for civil confinement. The AG’s office cannot rule on the case without a referral from the Office of Mental Health.
Civil confinement laws allow for people accused of sexual crimes to be held beyond their sentence if they are considered a danger to society.
Horace’s victim, known as “Kathy,” died a year after giving birth to a son.