NH Sex Offender Claims Religious Rights Denied

6-19-2010 New Hampshire:

CONCORD, N.H. (AP) ― A New Hampshire sex offender on probation is asking the state's highest court to allow him to go to church with a chaperone.

The case of Jonathan Perfetto marks the first time the New Hampshire Supreme Court is being asked to rule whether a probation condition that effectively bars church attendance violates constitutional rights to religious freedom.

Perfetto, 35, of Manchester, was convicted in 2002 of possessing child pornography. A condition of his probation is that he have no contact with children age 16 and under.

A lower court denied Perfetto's request to attend Jehovah's Witnesses services with a church elder acting as chaperone.

The New Hampshire Civil Liberties Union and Perfetto maintain the chaperone would eliminate any risk to children, and stressed that Perfetto was not convicted of assaulting a child. The state counters that public safety trumps Perfetto's religious rights.

"The danger of the defendant conversing among a congregation filled with children is quite clear, and the defendant's right to converse certainly does not outweigh the danger to these children," said Maureen O'Neil, first assistant Hillsborough county attorney, in arguing against Perfetto's request.

Assistant Attorney General Nicholas Cort wrote in court documents that the Jehovah's Witnesses faith is a demanding one that requires multiple church services weekly.

"The likelihood the defendant will be supervised every minute of every meeting every week is not very high," Cort wrote. He declined to comment on the case ahead of Wednesday's arguments.

Cort placed little stock in the distinction that Perfetto was convicted of possessing 61 images of child pornography, but did not sexually assault a child.

"When a large volume of child pornography is involved, as here, it is only sensible to limit the defendant's access to children," Cort wrote.

Civil Liberties Union lawyer Barbara Keshen said the court's ruling could determine the religious rights of people who are under court supervision, on either parole or probation.

"Allowing him to attend church services in the company of a chaperone would adequately protect the public and further (his) rehabilitation," Keshen wrote in her brief to the court.

Both sides agree that the state's highest court has never addressed the subject of religious freedom in the context of probation conditions.

Perfetto also claims his due process rights were violated when the lower court denied his request without holding a hearing.

Keshen said Perfetto is being held at the Hillsborough County House of Correction on a charge of making a false complaint to a police officer. ..Source.. LYNNE TUOHY