Horace raped a comatose woman at the former Westfall Health Care Center in 1995. He worked as a nurse's aide at the time. The case made national headlines and medical history. The woman, known to the public as "Kathy," became the first comatose woman to give birth to a baby. She died a year later.
Horace was sentenced to eight and a third to 25 years in prison. Under the New York's "conditional release" program, he's scheduled for release in March.
In court Friday, State Supreme Court Judge Joanne Winslow ruled that Horace will have to register as a level two sex offender. A sex offender status must be determined before a criminal is released. That status is often based on a point system, and that point system does not take into account someone's prior offenses. In Horace's case, he technically qualified as a level one based on the number of points he has. However, the judge felt that based on his prior convictions a more serious registration was required. Prosecutors agree.
"The difference in this case is that he didn't have a prior sexual offense," explained Monroe County Special Victims Prosecutor, Mary Randall. "It was post the conviction. So, I'm satisfied with the level two because the difference between one and two is quiet significant," she added.
Horace will be listed on the sex offender registry and the public will be able to access his information online. He will also have to report his residency to police every 90 days.
The District Attorney's office is pushing the State Attorney General to issue a civil commitment. That means Horace would be committed to an institution or treatment facility after completing his prison sentence.