A Douglas County judge is considering whether a 32-year-old man convicted of sexually assaulting two boys in Douglas County in December 2001 should be placed on parole or remain in custody for further sex-offender treatment.

Dale D. Patterson Jr. has been serving a prison sentence since he pleaded no contest in 2003 to two counts of aggravated criminal sodomy. Prosecutors accused Patterson of pulling a BB gun on the two boys and asking them to commit sex acts on him.

During a trial this week before Chief District Judge Robert Fairchild, prosecutors argued that Patterson should remain in custody to receive more treatment because doctors believe he is a high risk to re-offend because of a mental abnormality or personality disorder.

Andrew Bauch, an assistant Kansas attorney general, argued in court Tuesday that two experts who reviewed Patterson’s case said he was a risk to re-offend.

Bauch said the experts considered statements Patterson made to a detective about other possible male victims for cases in which he was never charged.

But defense attorney Carl Folsom argued it was improper for the doctors to consider those cases because any statements were hearsay and Patterson could not refute those allegations in court. Folsom said a defense expert witness, who didn’t consider those allegations, didn’t make a finding that Patterson was a pedophile.

Fairchild said he would rule later in the case.