Federal court action freezes local challenges to sex offender rules

2-13-2008 Ohio:

LISBON — The local lawsuits filed to challenge reclassifications of sex offenders will remain on hold for now, pending the outcome of a federal lawsuit challenging the changes.

“The federal court action is going to answer the questions for everybody,” Columbiana County Prosecutor Robert Herron said.

In January, Herron warned there would be a lot of cases filed by sex offenders in the county who have been told the rules have changed, with some ordered to notify the Sheriff’s Office of their addresses for longer periods of time.

The change in law, deemed the Adam Walsh Act after a little boy who was kidnapped and killed by a sex offender, not only increases reporting requirements and extends the reporting time, but also places more offenses under the reporting requirements. The law changed the classification for some defendants who had already been sentenced.

eAdvocate: This report regarding whomurdered Adam Walsh is incorrect, Adam Walsh was kidnapped and his head was later found but his body was never found, therefore there is no evidence this was a crime involving a sexual component. The person who initially claimed responsibility was a previously convicted sex offender and serial murder, but he later recanted and has since died in prison. Accordingly, there is no proof any sexual offender was ever involved.

So, who killed Adam Walsh?: While it was a ghastly crime, there are no facts to show a sex offender was involved at all, in fact, the crime remains unsolved today. A serial killer, Ottis Toole, did confess but later recanted and then died in prison! Ottis Toole's background. Read the Adam Walsh story, do you see a sex offender involvement?.

The first case was filed in Columbiana County Common Pleas Court in late December. Since then, more than 40 sex offenders living in the county have come forward with their own petitions to challenge the rule change.

The court received notice this week that the U.S. District Court for the Northern District of Ohio issued a temporary restraining order in the case of John Doe vs. Ohio Attorney General Marc Dann, meaning that no action will take place on local cases until the federal court finishes its case.

According to the agreement between the plaintiffs and Dann, signed by Judge Patricia Gaughan, the order applies only to the members of the lawsuit class. It does not apply to offenders sentenced under the new law on or after Jan. 1. The order also eliminated a 60-day filing deadline for challenges and stayed the additional community notifications required by the new law.

Community notifications require the sheriff to notify neighbors and entities when a sex offender is living in their neighborhood. The current rules for community notifications will remain in effect.

According to county Common Pleas Court records, Brendan McClaskey, of 1551 Victor Circle, Salem, filed the first petition to challenge the new rules.

McClaskey was notified by the state on Dec. 1 that he was being reclassified as a sexual oriented offender and that his reporting requirements were being extended beyond the time of his original classification.

According to the document, he was convicted of corruption of a minor and attempt to corrupt a minor in Erie County, Ohio. The notification from the Ohio Attorney General said the offense under the law was unlawful sexual conduct with a minor.

McClaskey’s attorney argued that the reclassification violated his rights against double jeopardy and retroactivity.

Herron said the way the reclassifications have been done is “problematic.” He disagreed with the way it was handled.

He noted that other counties probably have even higher numbers of cases pending over the reclassification.

“Our position is we should just stay these until we get some direction from the federal court,” he said. ..more.. by Mary Ann Greier can be reached at mgreier@salemnews.net




To file an appeal, here is the link to the Ohio Public Defender's Office and an explanation of how to file an appeal w/forms: CLICK