OH- Judge denies part of sex-abusers’ appeals

6-4-2009 Ohio:

LISBON — Judge C. Ashley Pike of Columbiana County Common Pleas Court has denied part of 31 cases filed by sex abusers over their classifications that say how long they must report to authorities.

The law, which went into effect Jan. 1, 2008, increased the length of time convicted sex offenders must register their names and addresses with law enforcement agencies.

The offenders in Columbiana County mostly filed appeals as civil cases, but at least two filed under criminal cases dating to 1996 and 1999.

Judge Pike wrote that the classification is based on the specific crime that was committed.

Each tier of offenders classified under the federal Adam Walsh Law had a specific residency verification requirement and length of required reporting. Walsh was a 6-year-old Florida boy who was abducted and killed in 1981.

Judge Pike ruled the current issue is a civil one, so the offenders cannot ask for appointed lawyers.

The various legal challenges, he wrote, were addressed by seven separate legal rulings.

“The weight of the law in Ohio is therefore against the petitioners’ position on each of the constitutional issues,” he added.

Offenders who want to challenge the law on any other basis, however, have 21 days to ask for a hearing.

If no motion is filed, Judge Pike said he would issue a decision in the form of a final order that could be appealed. That would allow the county sheriff’s department to enforce the Walsh law. ..Source.. by Staff