MO- Missouri’s Halloween limits on registered sex offenders now haunt the courts

Folks, this is an update on a series of Missouri cases I have been following; see Halloween picture in right hand column. Mr. Inman (from Christian County, apparently county interpretation is not so christian) was not at home on Halloween eve during certain hours. He was at a "Christian (meaning religion)" bikers rally in the neighboring state (short distance from his home). Now the Christian County prosecutor has read the state law as meaning all RSOs must be at home except for good cause, and that good cause does not include religious events. So the prosecutor has charged Mr. Inman with violating the Missouri Halloween law. Now, the issue of whether or not the State of Missouri can put ALL RSOs (even those not on parole or probation) under house arrest for a few hours on Halloween is awaiting federal court decision. The facts of Mr. Inman's case clearly show the absurdity of the law, or at least as interpreted by prosecutors.

3-23-2009 Missouri:

Jerry P. Inman spent Halloween weekend rallying with a Christian motorcycle group in Arkansas.

But that didn’t stop prosecutors in Missouri from charging him with violating the state’s new law aimed at keeping children away from registered sex offenders on Halloween night.

Call it Missouri’s five-and-a-half-hour law — in force from 5 p.m. to 10:30 p.m. only one night a year.

It requires registered sex offenders to stay indoors the night of Oct. 31, turn off their homes’ exterior lights and post “no candy or treats at this residence” signs on their doors.

Despite questions about the law’s constitutionality, at least three prosecutors have filed charges against offenders who they say failed to comply last year.

In Christian County south of Springfield, prosecutors charged 18 men, including Inman, with the misdemeanor. That is 31 percent of the county’s 58 registered offenders.

In Greene County, where Springfield is located, authorities charged 11 offenders. Two have pleaded guilty and received suspended sentences. The first trial in that county is scheduled April 13.

Locally, Clay County deputies identified 14 alleged violators, but a spokesman for the prosecutor’s office said he did not know whether any charges were filed as a result.

Prosecutors in Jackson, Platte and Cass counties filed no cases. Kansas does not have a similar law.

Inman, 60, a former Olathe resident, was the first man to be released from the Kansas Sexual Predator Unit. His case is the first in Christian County and is scheduled for trial April 22. A conviction carries a maximum one-year jail sentence.

Inman’s attorney, Richard Crites, of Springfield, is trying to get the case dismissed because he says Inman wasn’t home that weekend.

The law states that offenders must remain indoors “unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies.” It does not address travel plans.

“To interpret the law to say he violated it would have chilling effect on the right to freely travel,” Crites said.

The Christian County prosecutor did not respond to requests for an interview.

Though Crites disagrees with how the law is being applied in Inman’s case, he said he thinks the Halloween restriction law is a good idea if it targets people who have abused children.

“I personally think it’s constitutional,” he said. “Child molesters and children should stay away from each other.”

However, many prosecutors say they think the law can’t be applied to most offenders.

“Our best belief was that it was not enforceable for those placed on probation and parole before its enactment,” said Ted Hunt of the Jackson County prosecutor’s office. “With people placed on probation or parole after its enactment, we didn’t see any constitutional problems.”

The Missouri Constitution prohibits the enactment of retrospective laws, an issue that has come up in other cases. For example, the state Supreme Court ruled in 2006 that said sex offenders didn’t have to register if they were convicted before the registration law took effect in 1995.

A civil lawsuit challenging the Halloween law is pending in federal court in St. Louis. The American Civil Liberties Union filed the lawsuit on behalf of six sex offenders who contend the law is unclear on whether it prevents them from having contact with their children and grandchildren on Halloween night.

That lawsuit also questions whether the law can apply legally to the vast majority of Missouri’s registered sex offenders.

“We think we have a very strong argument that it’s unconstitutional,” said Tony Rothert, the legal director of the ACLU of Eastern Missouri.

A spokesman for the Missouri attorney general’s office declined to comment on the lawsuit because the litigation is pending.

Still, some prosecutors said they will continue to enforce the law until a higher court can clarify its constitutionality.

In Cape Girardeau, prosecutor Morley Swingle’s office filed charges against three people for violating the restrictions.

One person in Cape Girardeau County pleaded guilty and was fined $250, he said. Another failed to appear in court and a warrant for his arrest has been issued. The third case was dismissed when authorities determined that the woman was exempt from registering as an offender, Swingle said.

“Every statute is presumed constitutional unless or until it’s proved that it’s not,” he said. ..News Source.. by TONY RIZZO, The Kansas City Star