Sex offenders protest law

1-23-2008 Ohio:


The recent enactment of the Adam Walsh Act in Ohio has led to a steady stream of filings in the Tuscarawas County clerk of court’s office by convicted sex offenders who object to being reclassified.

As of Tuesday, 32 offenders have filed 33 petitions to contest being reclassified under the new law. The first filing was received on Dec. 6. Three of those filing are still in prison, three are Stark County residents and the remainder live in Tuscarawas County. Three are women, the rest men.

Several of those people have appeared in Tuscarawas County Common Pleas Court for hearings on their petitions. In most cases, Judges Edward O’Farrell and Elizabeth Lehigh Thomakos have issued stays, waiting for the Ohio Supreme Court to decide whether the new law is constitutional.

The sticking point is the retroactive nature of the law. Under the law, offenders who were convicted years ago and still reporting under Megan’s Law are to be reclassified and subject to harsher requirements.

In the majority of these cases, the offender is objecting to having to register for more years, to having to register more frequently or to having the public notified of his or her address when the person was not subject to community notification before.

In some cases, the offender never had a hearing in which his or her classification was decided by a judge. One man said Tuesday he was forced into signing registration paperwork on the day he was being let out of prison. He said he was told to sign it and agree to it or he would not be released.

In those situations, the judges will hold hearings next month to determine if the person should have been classified at all. If so, the matter will proceed as to the reclassification issue.

O’Farrell has set a hearing for Feb. 19 at noon on the reclassification cases assigned to him. At that time he will hear arguments from prosecutors and defense attorneys – and any offenders who wish to speak – on the issues.

“Regardless of what I do on that date, I will continue the stay until the Ohio Supreme Court decides,” O’Farrell told an offender Tuesday. “We will be looking to that decision for guidance. It could be six months, nine months, we don’t know. It is very involved.

“If the supreme court says the law is unconstitutional, I am required to take their decision and make the same decision for you. If they decide it’s not a violation of your rights – even if I think it is – I have to follow that decision.”

The offender clearly was dismayed at the prospect of having the requirements change after he’s registered seven times so far in 10 years.

“You do what’s required of you and then you find out they changed the rules of the game,” he said.

Nearly all of the petitioners have requested that an attorney be appointed to represent them. However, because the reclassification petitions are considered a civil matter, attorneys cannot be appointed. ..more.. by RENEE BROWN, T-R Staff Writer