2-18-2010 Michigan:
A former Monroe restaurant owner who served time in jail for showing pornographic videos to teenaged employees is trying to have his name removed from the sex offender registry list.
The Michigan Court of Appeals ruled Tuesday that a Monroe County judge should re-address the registry issue involving Jeffrey M. Fraunhoffer, 58, who was convicted in 2008 of disseminating sexually explicit matter to a minor and was sentenced to serve eight months in jail.
While Mr. Fraunhoffer's attorney appealed the convictions and sentence, the appellate court only allowed the sex offender registry argument to be heard before Circuit Judge Michael W. LaBeau.
"We appreciate the opportunity to raise that issue," said defense attorney Gail Rodwan of Detroit. "(Mr. Fraunhoffer) would not like to be on the sex offender registry."
Monroe County Assistant Prosecutor Michael C. Brown said based on the testimony and convictions, he believes Mr. Fraunhoffer should remain on the list and continue to register his name by law.
"The facts of the case are he was showing porn to minors," Mr. Brown said. "I think the evidence supports that he would have to register."
Mr. Fraunhoffer used to own the former Jefana's restaurant on E. Front St. in downtown Monroe. Several employees testified during trial that he was watching sexually explicit videos on a television inside the restaurant.
One employee at the time, a 18-year-old girl, said in court during trial that she and another female worker clearly saw the pornographic shows played on the TV and told Mr. Fraunhoffer that it was "gross" and he should turn it off.
"The defendant just kind of laughed it off and told them not to tell anybody, especially his wife, or they would be fired," the appellate court judges stated in their eight-page ruling. "They saw and heard videos of sexual intercourse, sex toys and throwing pies."
Mr. Fraunhoffer also was convicted of three counts of allowing the consumption of alcoholic liquor in an unlicensed establishment.
At his sentencing in June, 2008, Judge LaBeau ordered Mr. Fraunhoffer — in addition to jail time — to register as a sex offender for his convictions. The defense argued to the appellate court that since the violations involved showing videos, Mr. Fraunhoffer should not fall under the guidelines of all sexual offenses.
The issue is expected to be argued in court in the next several weeks, and Judge LaBeau will make the final decision. ..Source.. Ray Kisonas
February 18, 2010
Man trying to get name off sex offender list
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2 comments:
Always hype and sensationalism from the guys writing this stuff. There was ONLY one girl not a bunch of teenaged employees. There was NEVER any videos alleged and written here. They said it was the playboy channel. No tapes or anything else. And the girl he was convicted of was almost 18 years old. The whole case was about parents trying to shake down the restaurant owner under the guise that he didn't pay the girl enough in wages. They made up the story about playboy after the owner called the cops because the step dad was making telephoned death threats. What a set up! They turned it around on him and there was not one shred of tangible evidence to support any of the garbage they charged him with. It is amazing that all it takes is a few liars with nothing to support their lies and in Monroe, you can get convicted and ruined. The judge needs to take the guy off the sex list. They are using the list as more punishment, not for what the registry is intended for.
This man was found guilty by a jury trial, and would not have been on the sex offender list, not even have served time, had he admitted to what he did and pled to a misdemeanor disorderly conduct charge. His goal was to sue, sue, sue everybody if he was found innocent, but that did not happen due to eye witness testimony. That is all the tangible evidence that was needed to convict this person who should remain on the sex offender list until he expires from this earth.
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