CONVICT CAUTIONED ON COURT DEMEANOR.

Byline: Michael Coit Daily News Staff Writer

The first Ventura County convict to face trial under California's sexually violent predator law is trying the judge's patience in representing himself, and faces being removed from the courtroom.

During the trial's first two days, Ronald Steven Herrera repeatedly has interrupted the prosecutor and made statements to the jury, clearly showing his frustration with psychologists who testified that Herrera suffers from an anti-social disorder and should not be set free.

At the end of Thursday's morning session, Ventura Superior Court Judge James Cloninger excused the jury and then warned Herrera that his conduct would have earned an actual lawyer a contempt charge.

``I haven't quite reached the end of my rope, but I'm getting there,'' Cloninger said. ``My rope is just about played out.''

Choosing to represent himself, after having three court-appointed attorneys removed, Herrera began the trial Wednesday with an often rambling opening statement. Herrera said he is not mentally ill and is not going to commit sex crimes in the future.

When Herrera has objected to witness testimony, Cloninger has allowed him to explain his concern without citing a rule of law, such as ``testimony is hearsay'' or ``assumes facts not in evidence.'' Cloninger, however, warned Herrera to stop making statements to the jury in the midst of testimony.

``I'm just overenthusiastic, your honor. It's my life,'' Herrera said.

If Herrera doesn't control his conduct, the judge said, he would remove him from the third-floor courtroom in the Hall of Justice for the remainder of the trial.

``I don't want to do that, but I am prepared to,'' Cloninger said.

Herrera asked the judge to be a ``referee'' in the trial, saying that was the job of the judge.

Cloninger responded that he apparently wasn't doing his job well, in Herrera's view.

``In all candor, you're not,'' Herrera said. ``Because you should be helping me out here.''

Herrera has served nearly nine years in state prison for rape and other charges from an incident in Oxnard. He was scheduled to be released in April when the county District Attorney's Office filed a petition seeking the minimum two-year commitment to a mental health facility under the new sexual predator law.

Deputy District Attorney Maeve Fox has described the 51-year-old former Santa Paula resident as ``an extremely dangerous, violent psychopath'' who likely will commit more sex crimes.

Two psychologists who examined Herrera testified that he suffers from anti-social personality disorder and is a threat to commit sex crimes in the future. Two other psychologists, however, are expected to testify that they are not convinced Herrera would be such a threat.

To qualify under the sexual predator law, defendants must have been convicted of two or more sexual assaults on different victims. A defendant also must be diagnosed with a mental disorder and be considered likely to commit another sexual offense.

Herrera served eight years and eight months in state prison after his conviction for raping a woman and her teen-age daughter, robbery, false imprisonment and other charges from a 1971 incident in which he and and another man held an Oxnard family captive for seven hours before stealing their car.

Herrera, however, didn't begin serving that sentence until 1986. Herrera broke out of the old Oxnard city jail while awaiting sentencing. He turned up in Virginia, where he was arrested and convicted in 1973 for a series of armed robberies and an attempted murder. Herrera served 13 years in a Virginia prison and then was returned to California to serve his prison sentence.