June 11, 2009

MN- Men convicted in Sartell bar incident must register as sex offenders

Is this really the type of crime that registries were enacted for? As I see it this further dilutes the registry into a meaningless former criminal registry. Further, to call these men "Predators" is absurd, study the facts and ask yourself: Did these men seek out a bar to commit this type of crime, where are the predatorial facts? BTW, under the Adam Walsh Act this will be lifetime registration and a complete waste of law enforcement resources and taxpayer funds to monitor them for the next 30-40 years! This hysteria must stop!

6-11-2009 Minnesota:

Two men convicted of criminal sexual conduct for cutting the underwear off a female acquaintance at a Sartell bar will be required to register as sex offenders.

Stearns County District Court Judge Vicki Landwehr ordered Russell Baumgardner and Michael Puhalla to register as predatory offenders, a requirement that will follow them for at least 10 years.

Baumgardner and Puhalla’s attorneys initially intended to challenge Stearns County’s efforts to force the men to register. They dropped their opposition, and Landwehr modified a previous sentencing order to include the registration requirement for the two men.

Baumgardner, 42, and Puhalla, 41, were sentenced by Landwehr to 15 days in jail and the equivalent time in community service. Landwehr convicted the two of misdemeanor fifth-degree criminal sexual conduct but found them not guilty of the more serious felony charges of second-degree assault and second-degree criminal sexual conduct.

Puhalla admitted holding the woman’s hands while Baumgardner used a pocket knife to cut both sides of her panties and then tried to pull them off. Their attorneys argued the incident was a playful game between them and the woman at the former Dam Bar. The county argued that the woman was the victim of an assault at knifepoint.

State law requires a defendant to register as a sex offender when the original charge is a felony that requires registration but the conviction is for a misdemeanor.

The law requires such registration until 10 years have elapsed since the person initially registered or until the probation, supervised release or conditional release period expires, whichever occurs later. ..Source.. by David Unze

2 comments:

Zot said...

You ask if this is the sort of thing for which the registries were meant. Probably not, but as they were based on a false premise and maintained purely for self-serving purposes then the more outlandish they become the more likely they are to be discarded.

eAdvocate said...

Followup to Zot's comment: The Rockefeller drug laws are a prime example of laws thought to capture the worst and in fact captured the least more often, and ultimately have been shown to be useless as are these sex offender laws.