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Man Who Killed Westminster Officer Seeks Release For Christmas

WORCESTER (CBS) - Jason Rivers is a diagnosed paranoid schizophrenic on anti-psychotic meds. He still hears occasional voices.

He admits to past fears that Asian gangs and witches were after him. And the 42-year-old wants to go home for Christmas.

"He is dangerous," insists Westminster Police Chief Sal Albert, "because he's unpredictable."

Rivers has been in psychiatric lock-up for 15 years. That's when he admitted to fatally shooting Westminster cop Larry Jupin with a pistol Rivers had swiped from his Dad's gun chest in May 1999 – even though a judge later found him not guilty by reason of insanity.

So police and the Worcester County District Attorney blew a gasket when they discovered that Rivers had been released twice last year – unbeknownst to them – to spend Thanksgiving and Christmas with his family in Fitchburg.

"We had no idea he was getting out and back home," says Fitchburg Police Chief Phil Kearns. "No one told us. It was a little shocking to say the least when we found out."

That's why prosecutors went to court today to fight a cadre of mental health experts, who portray Rivers as somewhat of a recovery success story – who poses no threat in spending a few days with Dad on what is called a "community pass."

Dr. Anthony Giuliano is among those treating Rivers at the Worcester Recovery Center, and believes this is a privilege that his patient has earned. "He's remained psychiatrically and behaviorally stable throughout the time I've worked with him," testified Dr. Giuliano.

But prosecutors point to hospital records of recent hallucinations as evidence that Rivers is still mentally-ill. "He's a cop killer," thundered prosecutor John O'Brien, Jr. "He may be markedly better – but that's not all better."

Prosecutors argued that Rivers father – an avid hunter – still has a small arsenal of guns at the house. But Willis Rivers testified that those are now kept in a locked, basement gun safe that his son couldn't get into.

"He knows that he has to stay away from anything to do with weapons," Willis Rivers told the court.

Opponents say that wouldn't stop Jason from simply grabbing a knife – or getting a gun elsewhere.

"It's scary," says Chief Albert. "He's a good shot – an accurate shot. He shot my officer in the face in some very dark woods."

Attorneys for Rivers urged the court to look past the tragedy of 15 years ago. But prosecutors urged the judge to do nothing of the sort – contending that that Rivers is just some missed medications and a stray voice away from danger.

"It isn't right. It just isn't right," says Chief Albert shaking his head. "I'm just afraid he'll get out and do it again to somebody else."

With Christmas just a week away, Judge Janet McGuiggan did not indicate when she'll rule.

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