Family of repeat child sex predator says California law that freed him from prison must be changed
YOLO COUNTY — The family of a twice-convicted child molester believes the California law that has now freed him from prison should not exist in the first place.
Kevin Ellis, 67, was 11 years into serving a sentence of 100-plus years to life in prison with the possibility of parole. He was granted end-of-life mercy and release from prison following a California Department of Corrections and Rehabilitation (CDCR) recommendation to the Yolo County Superior Court. The judge ruled in Ellis' favor on January 23.
Ellis, now wheelchair-bound, qualifies for compassionate release under state law because he has terminal cancer, less than a year to live and is not deemed a risk to re-offend by the CDCR.
"How is that justice for the victims and for the people that are not just physical victims but emotional victims? The families that have been ripped apart, the ripple effect of all of his abuse," Peggy Hamilton said.
Peggy broke off her engagement to Ellis and their nearly ten-year relationship for reasons unrelated to the child sexual abuse she would later learn about.
Peggy and Ellis share a son together, Joseph Hamilton, and the two in their relationship blended their families. Ellis had two daughters from a previous relationship and Peggy already had another son.
For that reason, after the relationship ended, Peggy and Ellis let the children split time between the two parents.
"I just thought, I don't want to rip our family apart. I kept the children together. They would stay with me then go stay with him. Things seemed to be working out well. The children really loved each other. It was really a sad time for all of us," Peggy said.
All seemed well until the truth finally came out: Peggy got a devastating call from the Yolo County Sheriff's Office that forever changed her family's life.
"He said, 'Do you have your boys?' When he said that, my blood ran cold. He told me [Ellis] had molested children while my boys were in the house sleeping in the same home. One of [the victims] tried to commit suicide based off of what he had done to them," Peggy said.
Ellis went on the run but was later arrested and convicted on charges of molesting two children in 1995.
"He only spent four months in jail," Peggy said.
"Did that shock you?" I asked Peggy.
"Shocked me. How can that be? Those children are going to pay for the rest of their lives," she responded.
After Ellis was released, Peggy says she then had to spend thousands of dollars on an attorney and hours in court fighting the father of her son so he could not get custody of their child Joseph back.
She says she never saw any remorse from Ellis and never saw him again outside the courtroom.
"He blamed me for him molesting children. If I hadn't left him, he says he wouldn't have done it," Peggy said. "He is a manipulator to get the things he wants."
In 2013, for the second time, Ellis was convicted of molesting two more children. He had also failed to register as a sex offender and was charged in addition with supplying drugs to a minor under the age of 14.
Ellis went back to prison, this time with a sentence of 112 years to life with the possibility of parole.
"The last thing that needs to happen is him is to be free to do that again," Peggy said.
Their son, Joseph, agrees. He was only three years old when his father's first crimes were exposed. He remembers the sorrow of learning when he was a teenager that his own father victimized more children and would be sent back to prison for a second time.
"I remember feeling shocked, disgusted and horrified and yet, sadly, not surprised because I know the repeat offender rate that people like him have," Josephs said. "Now, he is being released again. I have two kids now. To say I was horrified is just an understatement."
Joseph's whole life, he has wanted his father locked behind bars fearing he could reoffend again. Joseph and Peggy thought that when Ellis got his second child molestation sentence, they would never again have to worry about him getting the chance to hurt another child.
"To allow a violent offender, a repeat offender out giving him six months left to live, what do you think he's going to want to do? He's got nothing to lose. I don't care if he is on his deathbed. He still could if he wanted to, even if he doesn't physically touch or harm a child. What is he looking up online?"
Pursuant to state law, the CDCR will not make public where Ellis will now live the rest of his life or confirm if he has already been released from prison.
In order to be considered for compassionate release, CDCR has to demonstrate to a judge that the person has a suitable living arrangement secured for after their release.
The conditions of Ellis' release are that he must register as a sex offender, wear a GPS tracking device and will be monitored by a parole agent.
"The assumption from CDCR is that he is not a risk to re-offend. How do you feel about that?" I asked Peggy.
"It's not even possible that he would not be able to re-offend because it's a depraved mind. It's not his physical ability to molest. He can do that through all sorts of means," she said.
"Do you think that someone can ever be truly rehabilitated from being a child molester?" I asked.
"Absolutely not," Peggy responded.
Gov. Gavin Newsom expanded California's compassionate release law in 2022 which also now requires the state to report annual data.
In fiscal year 2024, of 143 cases considered, judges granted 32 compassionate releases from prison across the state of California. That is just over 20%.
The United States federal government also tracks data for compassionate releases across the country, showing how California compares to other states.
"If I can help be a part of ending this, I would give my life to it. There is nothing more important in this world than taking care of our children and protecting them," Joseph said.
Joseph started an online petition advocating to change this law so no violent or sexual offenders can qualify for compassionate release.
"This has become priority number one in my life. We cannot live in a society in which we prioritize the rights of criminals, especially violent offenders, over the wellbeing and safety of our children," Joseph said.
Peggy, who also now feels these old wounds reopened once again with Ellis' release, constantly asks herself how she did not notice any signs in the man she once loved. All these years later, she still carries the blame.
"What did I not see? How could I have been blind to it? There's a lot of pain involved there," she said through tears. "I couldn't even fathom being with someone who would do that."
Peggy now joins her son in advocating for California lawmakers to step in and act.
"The compassionate thing to do is keep him where he was sentenced to 100-plus years in prison so everyone else that's been harmed by him can be at peace," she said.
Offenders who currently do not qualify for compassionate release are those sentenced to death, to life in prison without parole and anyone convicted of first-degree murder of a peace officer.
"That is my hope — that this law is changed, that the good of the people is what the laws are based on and not the one person proven to be depraved, manipulative and harmful. He is a threat," Peggy said.
In court last week, Ellis' victims and Yolo County District Attorney Jeff Reisig spoke passionately, but unsuccessfully, against his release from prison.
"This shouldn't happen. Our lawmakers need to fix this law, close these loopholes for child molesters, rapists and murders. Judges shouldn't be put in the position where they are being asked to release these people," Reisig told CBS13 Monday.
Joseph asks that anyone interested in joining in his family's fight to change this law email him at keepcaliforniasafe@gmail.com. Sign his petition at this link.