graf a nine year old girl at a playground near his home he was charged with attempted aggravated kidnapping aggravated battery and child abduction and unlawful restraint or mr korea was found unfit after treatment argument the second issue concerns whether the trial court's findings to mr korea poses a serious threat to public safety to warrant confinement was appropriate and the standard view here is whether this mining was against the manifest weight of the evidence i would like to address both of these issues country i merely on the first issue are the chinese will tend to kidnapping as tradition information and by the statute require the state to prove that mr korea had the specific intent to take her stuff from a playground from the playground and to take krystal and what he was going to do with her once he got there the way out was the house and the right was the secret confinement and unlawful purpose now i know you understand rather record the both of these issues particularly fact we haven't so we like to and would also receive greater protection under the attempted aggravated kidnapping statute so that's just an ironic aside he did have a developmental age in those ages that your honor as mentioned he was on death and he was on disability and had been for his entire life and rather he could dress and dress and feed himself he needed the support of his loving family and that's who supported him and supervised him he did for impulse control but was very childlike in his demeanor of course of the three doctors who examined him a total of five times and these are doctors just since the doctor knew when dr kim all found that he was not a violent person and they pos risk to himself or others and significantly all three of the doctors recommended outpatient treatment so those were mr korea's broad personal characteristics the facts concerning the incident and what was required in the state's pro someone he did not know rather he saw someone and it seemed a rug and approached them mr korea offered crystals and candy that he had in his hand and then made a statement about more candy when christa refused the candy what mr korea had in his hand never heard statements prior to that or there was no mention of our house or going to his house and then at trial she didn't mention this idea out of house i'm direct but then i'm cross she indicated that she did not or that he did not mention going to his house or home that's correct your honor in ash the last kind of testimony she gave because there was no redirect that's correct so she's actually  where she mentioned the house so the problem in this case is not just inconsistent contradictory testimony which it is but it's trying to divine the actual content of right her testimony here is the his way of offering candy was saying i like you and i want to i want to be your friend and this was in the construction of he if you had more candy at his house if you made it to subject to more innocent constructions it was two days before before holl characters yes all right and because he's been in custody for more than the time your honor should order his immediate release with respect to the finding the threat to public safety and whether inpatient treatment was appropriate the state had the burden to establish that mr there's no history of mr crewe ever having a sexual motivation or sexual content to his behaviors in any way shape or form there has not been a law was it was it proper at this hearing for the trial court to consider this other this thirteen year old girl and her mother said nothing happened he wasn't trashing the sexual or even a sexual offense in that circumstance it was a trespass to land and in direct answer to your honor's question i don't think it was inappropriate it was certainly part of the record as part of the mix it was something which i don't board that could could see where this is mcbride makes a good point here that that the judge didn't just say i find this person to be incredibly dangerous what he said was i'm i'm concerned about the fact that he refuses to participate in this this issue is training the answer these questions to these tests whatever cycle sexual whatever he had before him one incident where he you know grabbed a six year old girl the playground in another instance where he was sort of curiously found in a girls bathroom with a thirteen year old girl no charges pressed with regard to a sexual offense but nobody thinks that's a normal thing to fight he's got both of sound bite for that response of the employer can compete presumed dangerous any more than he can be presumed guilty and the judge and the judge and district jasmine just did not know and there's nothing in their back no nothing in the record to establish that there was sexual motivation sexual motivation is what your honour's referring to and what as a court and society and the judge that should be concerned about that there was nothing in there and nothing in the record to suggest the sexual motivation where they had sexual feelings towards little girls was for three years old is if anything with this one it's developed prior to this time it's not like he went through puberty less than two years ago he's forty four years old so i don't believe that mr jasmine's opinion concerning that he might be a threat in the lap in the in the face over  dishes that he could have been a threat is appropriate to wear sufficient to support the state's clear and convincing broom to establish he was a serious threat to our safety and residence if mr coote the choice of the judge was between mr korea's being in inpatient care or being left out in the street mr korea has a loving and supportive family history because korea a former cook county state's attorney and now property manager testified credibly that he would take care of mr korea if released to his supervision he would have the assistance of other family members including also rubio his great friend who is a twenty five dollars master degree twenty five year chicago board of education doctors that you presented or that were presented it in any way suggested that they yet concerns from it if they believed that the his release should have been testimonies are considered by mr gasman and the courts and they are certainly in the record and go into whether the finding is against the manifest weight of the evidence but i don't want to create a false impression that those doctors testified at the discharge hearing that he was out a guilt the perspective there at tempted aggravated kidnapping and child abduction and the alternative find it to finding that he was a serious risk of public safety and should be committed be reversed as well hi thank you we'll give you there was testimony in this record actually supporting that mr korea committed this attempt aggravated kidnapping with think that really supports the acts here because it williams the adult male in the case wasn't really mentally q was he now so hot i mean is there a case you think that we could be guided by that would be perhaps more analogous to these facts because i don't think there's any question that mr anthony korea you know his intelligence quotient is of record and the at   is is an attempt it's actually intentionally lurd or attempted to who're without the consent of a parent so do you agree to it's a little different than the bring what you see the counsel's questions out or his statement that of the six statements that the young woman made that little girl i should say really hit her previous statements before testify never mentioned a home or a house or well and then at trial she initially mentioned his statement about god more at my house but then on cross she said he never sent her an actual response is the this even though that was presented at this hearing as opposed to the op terminations whether or not he should be physically  at least reasonable inference of an unlawful purpose threat even if it's a battery i never did that's certainly a natural and natural inclination and that was an inclination of the legislature when they