NC- Convicted sex offender may see case heard in North Carolina Supreme Court

Here we go again, with the its CIVIL not CRIMINAL claim. I liken that to the state saying, we are killing you not as a punishment, but to protect the public and that is civil; really? These arguments all wordsmith around the real issue "Punishment." Anything done, after the sentence, is not civil but an extension of the punishment (my opinion). Its time to stop the illusions!

11-9-2009 North Carolina:

by LINDELL KAY

The first child sex offender in Onslow County ordered to submit to lifetime satellite-based monitoring has lost his appeal; however, a dissenting decision opens the door for the case to be heard by the N.C. Supreme Court.

Raymond Charles Hagerman, 40, formerly of Tower Drive in Jacksonville and currently housed at Morrison Correction Institute in Huffman, was sentenced to three years in prison in 2008 and lifetime monitoring upon his release.

Hagerman’s attorney, Lexington lawyer Jon W. Myers, argued that the imposition of lifetime monitoring constituted an enhancement of Hagerman’s punishment. Myers also argued that the trial court’s ruling relied on facts not presented in an indictment, conceded by Hagerman or decided by a jury.

The N.C. Appeals Court upheld the decision by Superior Court Judge Thomas H. Lock in a 2-1 decision.

The Appeals Court determined that lifetime monitoring is part of a civil, regulatory scheme established by the General Assembly and not a criminal punishment, according to the ruling written by Judge Ann Marie Calabria and affirmed by Judge Wanda G. Bryant.

Judge Rick Elmore, writing a dissenting opinion, stated, “I would hold that enrolling defendant in lifetime satellite-based monitoring after finding that his offenses were aggravated increases the maximum penalty for his crime ...”

Since the decision is not unanimous, Hagerman has the right to present his case to the N.C. Supreme Court.

Myers said he had just received the decision and had not spoken to Hagerman yet.

“I would like to appeal,” Myers said.

Hagerman was convicted in 2008 for offenses against a 6-year-old girl. He was also accused of showing her and a 7-year-old girl pornographic movies several times in 2005, according to court records.

After the crimes were reported to the Onslow County Sheriff’s Department in 2006, Hagerman left the area. He was eventually taken into custody in Cumberland County.

Hagerman was charged with 20 sex offenses including four counts of first-degree sex offense, four counts of second-degree sex offense, four counts of indecent liberties with a child, four counts of displaying material harmful to a minor and four counts of crimes against nature.

On Oct. 15, 2008, Hagerman pleaded no contest to four counts of indecent liberties with a minor. He was sentenced to three years in prison and 36 months probation. He also had to register as a sex offender and be subject to satellite-based monitoring for life, according to court documents.

North Carolina changed its laws in July 2008 to allow for child sex offenders to be subjected to continuous satellite-based monitoring for life if they commit an aggravated offense, are a repeat offender or a sexually violent predator. An aggravated offense involves vaginal, anal or oral penetration with a victim who is younger than 12 years old.

District Attorney Dewey Hudson said he hopes the legislation will provide added protection for society against sex offenders.

The new monitoring rules were signed into law in July by Gov. Mike Easley as part of the state’s version of Jessica’s Law. The law is named after 9-year-old Jessica Lunsford, a former Gaston County resident. In 2005, Jessica was kidnapped, raped and buried alive by a convicted sex offender in Florida. ..Source..