NY- Sex offender fights police visits

This man is absolutely correct, there is nothing in state or federal law that permits home visits, the law requires the registrant to verify at predetermined intervals.

7-7-2009 New York:

In a case that could affect how closely sex offenders are monitored, a Town of Poughkeepsie man who allegedly paid a mother so he could have sex with her underage daughters in Manhattan may file a $100 million federal suit against the town and Dutchess County.

The potential suit from registered sex offender and disbarred attorney James Colliton would challenge whether authorities can monitor sex offenders through a county program in which police visit offenders in their homes.

Town and county officials said that policy is sound - and Colliton's legal arguments off-base.

Colliton, a father of five from Spackenkill and a former Manhattan tax lawyer, was convicted in 2007 of statutory rape and patronizing a prostitute in a case that made tabloid headlines.

Free after being sentenced to time served, Colliton claims he has been harassed by town police officers who regularly visit his physical residence, which Colliton listed as a Route 9 motel. The visits are part of a sex offender monitoring program initiated several years ago by county District Attorney William Grady.

Colliton claims the program violates state law and deprives him of his constitutional right to privacy and his Fourth Amendment right against unlawful searches.

Describing police visits as the "intentional infliction of emotional distress," Colliton recently served town and county officials with a notice of claim - often a precursor to filing suit.

In his eight-page claim filed last month, Colliton indicates he intends to seek $3 million in compensatory damages and $97 million in punitive damages in federal court.

Colliton could not be reached Monday.

"I have suffered liberty and property deprivations," Colliton wrote in his notice, which he apparently authored. He said police "visits came and keep coming even though no court has adjudged they are lawful."

Key to Colliton's potential suit is his assertion the state's Sex Offender Registration Act, or SORA, "sets forth the exclusive method" of verifying offenders' addresses - trumping any local monitoring policy.

According to Colliton, state law "does not authorize or permit the local police department to visit an offender," as long as the offender is complying with address verification rules.

Grady called Colliton's interpretation of the law "mistaken," and said the act "simply sets minimal standards of compliance" for registered offenders.

Grady said the county program, in which all registered sex offenders are visited by authorities, will continue.

"It ensures sex offenders are appropriately monitored and does not violate any state or federal prohibitions," Grady said. "Unless there is effective monitoring, there is a substantial likelihood that many will reoffend. ... We will continue to be proactive to ensure this does not happen."

Colliton notes the law requires certain offenders to verify their addresses every 90 days with the local law enforcement agency where they reside. He also points to the state Division of Criminal Justice Services Web site, which outlines reporting regulations for sex offenders.

Colliton notes those regulations require offenders to return an address verification form each year to the division, within 10 days after the offender receives it.

Level 3 offenders, those considered most likely to reoffend, must go to their local police department every 90 days to personally report their addresses.

Colliton is a Level 3 offender.

According to Colliton, the state Division of Criminal Justice Services "does not state that the local police department is authorized or permitted to visit an offender who is complying" with the law.

Division spokeswoman Janine Kava said officials there were unaware of any challenges to monitoring that are similar to Colliton's.

She also said there is nothing in the law giving the division authority to oversee local law enforcement.
Precedents cited

In his notice, Colliton cites two recent legal decisions, one in Albany city court and another in Supreme Court in Rockland County, that he claims indicate state law preempts local laws and policies regarding the monitoring of sex offenders.

Colliton argues Grady's policy of allowing police to visit offenders in their homes "is preempted" by state law and "is otherwise constitutionally violative."

Town Supervisor Patricia Myers said she does not believe Poughkeepsie police officers are doing anything wrong by checking in on registered sex offenders.

"I believe the town is totally within its rights," Myers said. "We are not doing anything illegal in any way."

Colliton's New York City case made headlines several years ago.

The now 45-year-old attorney fled in February 2006 after learning police wanted to speak with him about his involvement with underage girls. At the time, Colliton worked for the Manhattan law firm of Cravath, Swaine & Moore, and kept an apartment in the city.

He was eventually arrested in March 2006 at a Manhattan hotel. In 2007, Colliton pleaded guilty to statutory rape and patronizing a prostitute. He admitted having sex with a girl younger than 15 and another younger than 17 at various times between 2000 and 2005.

In 2006, the mother of the two sisters in the case pleaded guilty to endangering the welfare of a child - admitting she allowed her daughters to have sex with Colliton. The mother admitted she knew Colliton was giving the girls money and gifts. The woman said she also asked Colliton for money.

Colliton was sentenced to the 19 months he had already spent in jail awaiting trial and was released in 2007. He was declared a Level 3 sex offender and returned to Poughkeepsie.

Colliton is no stranger to lawsuits.

He sued his former law firm, claiming he was owed nearly $1.5 million in annual bonuses, salary and vacation pay.

A federal judge dismissed that case last year - noting Colliton had filed at least five suits against various defendants and writing his "litigation tactics border on extortion and should not be condoned."

Colliton also filed a series of lawsuits against Manhattan District Attorney Robert Morgenthau and two of his assistants. Colliton claimed he was coerced into pleading guilty.

In addition, Colliton sued American Express Co. for giving police credit card information he says resulted in his 2006 capture near Toronto.

Colliton was taken into custody at Niagara Falls by U.S. immigration authorities, who mistakenly released him because of an apparent communications breakdown. Colliton was arrested a week later in a Manhattan hotel, where he was registered under an alias.

The status of Colliton's lawsuits was not immediately clear Monday. ..Source.. by Michael Valkys • Poughkeepsie Journal