Judge frees sex offender

11-29-2007 Florida:

TALLAHASSEE -- An appeals court has ordered that a sex offender be freed from prison early, ruling that the 30-year-old man was wrongly convicted of breaking a law intended to force sex offenders to report their location to the state.

Levi Griffin was sentenced last year to 21 months in jail by an Alachua County judge, who ruled that Griffin failed to tell the state within 48 hours that he had moved. Lawmakers two years ago toughened penalties against sex offenders after the murders of Jessica Lunsford and Carlie Brucia.

But Griffin had a unique defense: He said that he could not register within the 48-hour time period because the imminent landfall of Hurricane Katrina in August 2005 had prompted the state to shut down driver's license offices in his home county.

The First District Court of Appeal ruled late Tuesday that there was no ''substantial evidence'' to support Griffin's conviction -- noting that the state did not dispute Griffin's account.

The order, written by Judge Brad Thomas, a one-time aide to former Gov. Jeb Bush, ordered Griffin immediately released from the prison in Columbia County, where he is being held.

State prison records show that Griffin was convicted in 1999 of attempting to molest a child and he spent almost three years in prison.

In August 2005, Griffin was evicted from his home.

Nancy Daniels, the Second Circuit Public Defender who handled Griffin's appeal, said Griffin spent one day finding a new place to live.

But when he tried to report his new address, state offices were closed due to the storm.

Griffin did register with the state on the first day that driver's license offices reopened.

''It was impossible for him to register within 48 hours,'' Daniels said. ..more.. by GARY FINEOUT, gfineout@MiamiHerald.com