NH- Judge drops Merrifield (Mayor) from lawsuit over sex offender residency curb

4-23-2009 New Hampshire:

A Merrimack County judge has decided that Franklin's mayor is not a proper party to the lawsuit filed to stop the city from enforcing its sex offender registry restrictions.

In his original suit, Frank Singleton III named Mayor Kenneth Merrifield and Acting Police Chief David Goldstein as respondents in his attempt to stop the enforcement of City Code 247. Franklin City Attorney Paul Fitzgerald successfully argued that Merrifield was not directly responsible for enforcing the city codes and the judge agreed.

"...the Police Chief, who is charged with enforcing Franklin's laws and ordinances, reports to the City Manager, not the Mayor," Fitzgerald said.

Franklin City Code 247 prohibits a registered sex offender from living within 2,500 feet of a school, public park or other area where children are known to gather.

Singleton is a convicted sex offender who remains in the New Hampshire State Prison because he has yet to file an acceptable parole plan even though he was granted parole in January.

He contends, through his lawyer Barbara Keshen of the New Hampshire Civil Liberties Union, that the reason he cannot file an appropriate parole plan is because his place he can stay is with his fiancee who lives within the 2,500-foot area proscribed by Code 247.

His suit, filed in Merrimack County, asks that Code 247 be declared unconstitutional. Two weeks ago, Judge David Sullivan refused to allow the city's code to be temporarily stopped until his case winds its way through the courts.

Singleton was convicted in Hillsborough County of one count of endangering the welfare of a child. Last year, he was convicted of two counts — one each in Tilton and Northfield — of failing to register as a sex offender. ..News Source.. by GAIL OBER