NH- Judge recuses herself in Franklin sex offender case

3-31-2009 New Hampshire:

A hearing to determine whether or not a convicted sex offender can move into his companion's home on West Bow Street while his lawsuit against the city winds its way through the courts was postponed for eight days when the judge scheduled to hear it recused herself.

According to Mayor Kenneth Merrifield, who appeared in Merrimack County Superior Court for the 10 a.m. hearing, Judge Diane Nicolosi was scheduled to hear arguments about suspending a city ordinance so Frank Singleton III could live at 50 West Bow Street in Franklin while his case was being adjudicated, but took herself out of the case because of her friendship with Singleton's lawyer, Barb Keshen of the New Hampshire Civil Liberties Union.

Singleton, who was granted parole in January of 2008 after being convicted of two counts of failing to register as a sex offender, remains in the N.H. State Prison because Franklin City Code Ordinance 247 prohibits a registered sex offender from living within 2,500 feet of a school or other place where children congregate.

He is not only challenging the city's right to enact and enforce that ordinance, but he has also asked the court to declare the ordinance temporarily unconstitutional until the court makes its decision — a request the city is prepared to fight.

In paperwork filed with the court Monday, City Attorney Paul Fitzgerald argues that Singleton has not met the burden of proof required for the court to take the "extraordinary action" of temporarily suspending Franklin's ordinance because he is not prevented from living in Franklin — he is only prevented from living within the ordinance's 2,500-foot restriction.

"Franklin is a city with alternative, affordable rental housing opportunities," said Fitzgerald, who said Singleton's companion's research into where the two could legally live was faulty and is not compelling enough to allow for the suspension of Code 247.

"Singleton is free to amend his parole plan to propose housing in conformity with Code 247 and address the issue of unsupervised contact with minor females," Fitzgerald continued. "Alternate housing in Franklin is available, contact with minor females can be supervised, and if he satisfied the conditions of an approved parole plan, Singleton can be released from prison."

Arguments for the temporary suspension of Code 247 are scheduled for April 7 at 10 a.m. at Merrimack County Superior Court. ..News Source.. by GAIL OBER