Inmate: Sex Offender Status Prevents Help

2-21-2008 Ohio:

A West Virginia penitentiary inmate claims his status as a sex offender is preventing him from participating in a program designed to help prisoners prepare for re-entry into society.

David McDonald, no known last address, appeared before Ohio County Circuit Judge Arthur Recht on Wednesday to ask for a hearing that would ultimately determine if he should be required to register as a sex offender and to have himself excluded from a West Virginia Department of Corrections directive.

According to the directive, sex offender status prevents prisoners slated for release from participating in re-entry initiatives.

McDonald’s attorney, William Gallagher, said the state’s sex offender registration law went into effect in 1999 and was made to be retroactive to include offenses committed prior to the law.

Gallagher said McDonald was convicted in 1987 of sexual abuse of an adult female and burglary in Harrison County and was sentenced to two to 20 years.

“He was brought to Ohio County and released in November of 2005,” Gallagher said. “He was not from the area and had no place to go but he had to register as a sex offender with no known address.”

McDonald was arrested in Ohio County and returned to prison in December 2006 after pleading guilty to two marijuana related charges. His first parole eligibility date on the marijuana conviction was this past week.

Gallagher said the parole hearing was canceled because McDonald was scheduled to appear before Recht on Wednesday. Recht denied a request by Gallagher for a hearing to determine if McDonald had been rehabilitated and did not need to be required to register as a sex offender.

In denying the request, Recht said he was in agreement with the West Virginia Supreme Court of Appeals which did not say a person is entitled to a hearing to show rehabilitation. Gallagher also argued his client could not participate in re-entry programs designed to help a prisoner prepare for returning to society.

“A directive from the department of corrections says sex offenders cannot participate in re-entry initiatives,” he said.

However, John Boothroyd, an assistant West Virginia attorney general representing the parole board and department of corrections, said McDonald is participating in the re-entry programs.

If McDonald has a complaint, he should follow internal grievance procedures to get it resolved, Boothroyd said.

“Grievances are handled by a grievance counselor and can be appealed to the warden and, if necessary, to the commissioner of corrections,” he said.

Recht advised Gallagher to have McDonald go through the grievance procedure and return to circuit court if the matter is not resolved. Boothroyd said if the matter must return to circuit court he would want it filed in Kanawha County.

Gallagher said he would prefer the case be heard in Ohio County.

Recht said he was not sure, but believed the case should be heard in Ohio County since that is where McDonald had been sentenced in the marijuana case. ..more.. by FRED CONNORS