Court keeps convicted fondler off sex offender list

12-31-2009 Maryland:

A Montgomery County man convicted of fondling an 11-year-old girl and then violating his probation won't be forced to sign up as a sex offender, Maryland's Court of Special Appeals has ruled.

My Thien Nguyen, 41, pleaded guilty to assault and a sex offense in 2006, admitting that he had intentionally touched the private parts of an 11-year-old girl, court records show.

Nguyen was sentence to 18 months in prison, but Montgomery County Circuit Court Judge Joseph Dugan Jr. limited his prison term to the three months Nguyen had already served and gave him three years probation, court records show.

State law allowed Dugan to decide whether Nguyen was required to sign up for the state's public database of registered sex offenders.

Dugan ruled that Nguyen did not have to register because he had no recorded history of similar crimes and was considered a "low-risk" sex offender by a clinician who had performed a psychological evaluation, according to court records.

The clinician's evaluation came with the caveat that "one should not assume [Nguyen] will not re-offend given the length of time he's struggled with his sexual behaviors," court records show.

A year after he was sentenced, Nguyen was back in court. Dugan revoked the probation because Nguyen had failed to report to his probation officer or complete sex offender and alcohol treatment sessions.

Dugan also said Nguyen needed to be on the sex offender registry so that the public can see where he lives and can "at least ... protect their children," court records show.

But Nguyen's attorney argued that his client shouldn't have to register for the sex offender list because Dugan had not mentioned registration might be imposed if Nguyen violated his probation.

The Court of Special Appeals agreed, noting that being on the sex offender registry can "adversely affect" defendants who are looking for jobs and housing, and reversed Dugan's order on Tuesday.

The decision comes in the midst of a debate in Maryland over the toughness of its sex offender laws, sparked by the Christmas discovery of a dead 11-year-old Salisbury girl who police say was abducted by a registered sex offender.

Sen. Nancy Jacobs, R-Harford County, said Nguyen's case is "another perfect example" of why state laws need to be strengthened, including mandating that people convicted of sex crimes against children be required to register for the sex offender list. ..Source.. Alan Suderman
Examiner Staff Writer