FL- Court Upholds Sex Offender Law

3-27-2009 Florida:

ATLANTA A federal appeals court on Thursday upheld a U.S. law requiring sex offenders to register with authorities when they move from one state to another.

U.S. District Judge Gregory A. Presnell of Orlando erred when he ruled the registration provision of the Adam Walsh Child Protection and Safety Act of 2006 was "facially unconstitutional," a three-judge panel of the 11th U.S. Circuit Court of Appeals found in two opinions.

The opinions involved two men who had registered elsewhere but failed to do so when they moved to Florida. The judges remanded the cases to the lower court for reinstatement of their indictments under the Sex Offender Registration and Notification Act, part of the Walsh law.

Their lawyer said he would appeal Thursday's rulings to the U.S. Supreme Court.

John Badalamenti, an assistant federal public defender in Tampa, claimed Congress exceeded its authority with the law because registration requirements properly belong to the states.

"We don't question the seriousness of these sort of crimes," said Badalamenti, who has small children himself. "We question the federal government's need to enforce this.

"The concept is federalism. There is a precept of the Constitution that the states should have their own police power," he said.

Steve Cole, spokesman for the U.S. Attorney's Office in Tampa, said prosecutors were "pleased with the rulings, and we expect that the indictments will be reinstated."

As for a Supreme Court appeal, Cole said, "We will weigh our options and go from there."

The Walsh law was named for a 6-year-old killed after being abducted from a Hollywood, Fla., mall in 1981. His father, John Walsh, has advocated for victims' rights and became known as host of "America's Most Wanted." His activism helped lead to the National Center for Missing and Exploited Children.

Most federal courts have upheld the Sex Offender Registration and Notification Act, which calls for up to 10 years in prison for violators.

Presnell found that the law had "a commendable goal - to protect the public from sex offenders." But he said that was not enough to make failing to register a federal crime.

He dismissed the charges against Robert D. Powers and Tommy W. Buckius. The government appealed.

Badalamenti hinged his argument on a "tiny nexus" to Congress' authority to regulate interstate commerce.

"The fact that someone traveled at some point in his life between states, and then subsequently fails to register as a sex offender in his host state is an insufficient connection to interstate commerce," Badalamenti said.

The appeals panel cited an earlier 11th Circuit decision in United States vs. Ambert, which found that the law falls with congressional power to regulate "both the use of channels of interstate commerce and the instrumentalities of interstate commerce."

"Ambert controls here," said the opinions in both Buckius and Powers. ..News Source.. by WALTER PUTNAM




Court Upholds Federal Sex Offender Law

3-27-2009 Florida:

ATLANTA -- A federal appeals court on Thursday upheld a U.S. law requiring sex offenders to register with authorities when they move from one state to another.

U.S. District Judge Gregory A. Presnell of Orlando, Fla., erred when he ruled the registration provision of the Adam Walsh Child Protection and Safety Act of 2006 was "facially unconstitutional," a three-judge panel of the 11th U.S. Circuit Court of Appeals found in two opinions.

The opinions involved two men who had registered elsewhere but failed to do so when they moved to Florida. The judges remanded the cases to the lower court for reinstatement of their indictments under the Sex Offender Registration and Notification Act, part of the Walsh law.

Their attorney said he would appeal Thursday's rulings to the U.S. Supreme Court.

John Badalamenti, an assistant federal public defender in Tampa, claimed Congress exceeded its authority with the law because registration requirements properly belong to the states.

"We don't question the seriousness of these sort of crimes," said Badalamenti, who has small children himself. "We question the federal government's need to enforce this.

"The concept is federalism. There is a precept of the Constitution that the states should have their own police power," he said.

Steve Cole, spokesman for the U.S. Attorney's Office in Tampa, said prosecutors were "pleased with the rulings, and we expect that the indictments will be reinstated."

As for a Supreme Court appeal, Cole said, "We will weigh our options and go from there."

The Walsh law was named for a 6-year-old killed after being abducted from a Hollywood, Fla., mall in 1981. His father, John Walsh, has advocated for victims' rights and became known as host of "America's Most Wanted." His activism helped lead to the National Center for Missing and Exploited Children.

Most federal courts have upheld the Sex Offender Registration and Notification Act, which calls for up to 10 years in prison for violators.

Presnell found that the law had "a commendable goal - to protect the public from sex offenders." But he said that was not enough to make failing to register a federal crime.

He dismissed the charges against Robert D. Powers and Tommy W. Buckius. The government appealed.

Badalamenti hinged his argument on a "tiny nexus" to Congress' authority to regulate interstate commerce.

"The fact that someone traveled at some point in his life between states, and then subsequently fails to register as a sex offender in his host state is an insufficient connection to interstate commerce," Badalamenti said.

The appeals panel cited an earlier 11th Circuit decision in United States vs. Ambert, which found that the law falls with congressional power to regulate "both the use of channels of interstate commerce and the instrumentalities of interstate commerce."

"Ambert controls here," said the opinions in both Buckius and Powers.

Badalamenti said Powers, who according to court documents is mentally retarded, is registered as a sex offender in Florida "and has been registered since his release."

Buckius is incarcerated for failing to register under the Florida law, the attorney said. ..Source.. by News4 Jax.com