July 29, 2011

Attorney says doctor was not required to register as sex offender

UPDATE: Dr. Kasey Clowe will not be prosecuted for failing to register as a sex offender, County Attorney Carlyle Dalen said Friday. Klowe, 31, a resident in Mercy Medical Center - North Iowa's family practice program, was charged Wednesday with failure to comply with the Iowa Sex Offender Registry.

Klowe, who moved to Mason City in July, was convicted in 2002 of fifth-degree nonconsensual sex contact when he was living in Apple Valley, Minn. His conviction was later expunged but Iowa law still requires the person to register as a sex offender, said Dalen.

On Thursday, Klowe's Iowa attorney, Christopher Kragnes provided Dalen with a sworn affidavit in which Kragnes acknowledges he told Klowe "there was no need to register in Iowa until such time as his additional information provided to the assistant county attorney was evaluated." Klowe registered as a sex offender Wednesday.

In choosing not to prosecute, Dalen said there was no willful intent on Klowe's part to violate the law; that he was acting on the advice of his attorney; and that he now has complied by the law in registering. In filing for dismissal of the charge, Dalen said, "Proof of the offense of failure to register as a sex offender requires the state to show a voluntary and intentional violation." He said based on Klowe's attorney's sworn affidavit, the state believes the means does not exist to prove the charge." ..Source.
7-29-2011 Iowa:

MASON CITY (AP) — The attorney for a doctor charged with failure to register as a sex offender says his client was not required to register.

Paul Rogosheske, an attorney from St. Paul, Minn., said Dr. Kasey Clowe, 31, a resident in Mercy Medical Center-North Iowa’s family practice program, was convicted in 2002 for having sexual contact with an underage girl, but the conviction was later expunged.

Because of the expungement he wasn’t required to register as a sex offender, Rogosheske said.

Clowe was charged Wednesday with failure to comply with the Iowa Sex Offender Registry, according to Iowa court records. He is free on bond.

Minnesota online records say Clowe was convicted of fifth-degree nonconsensual sex contact in 2002, when he was living in Apple Valley, Minn. The records don’t detail the nature of the offense.

Clowe moved to Mason City in July and did not register with Iowa’s sex offender registry, officials said.

According to the Iowa Sex Offender Registry, “Even if an offender's conviction information is expunged, the offender still has to fulfill his/her obligation to register with the Iowa Sex Offender Registry.”

A Mercy spokesman said in a statement Wednesday that Mercy is aware of Clowe’s arrest and hospital officials “have taken appropriate action.” ..Source.. by GlobeGazette.com

2 comments:

Anonymous said...

Dang!!! "Even if an offender's conviction information is EXPUNGED"
the offender STILL has to register. So what good is it to have your record expunged?? Might as well have saved the $5,000 in attorneys fees. It is articles like this that make me more and more thankfull that I live in the state I live in.

Anonymous said...

This article is a STARK reminder for all FSO's. Do whatever you can to learn, know, and understand all of the laws and restrictions that pertain to you and in the location you are at.Never be complacent in your research and studies because these laws change ever so quickly and ignorance is no defense.Every State, County, or City may hay different laws and restrictions.You almost have to act like a paralegal in your efforts to stay on top of things, but it is well worth your time. It could mean the difference of having to register for 10 years or having to register for life. It can mean the difference of going to prison for yesrs or not. Luckily for this doctor he had an affidavit from his attorney to substantiate his claim. I realize most of you ARE very carefull, just a reminder to be ever vigilant
in keeping up to date (at least weekly) on ALL the laws and restrictions. There are MANY resources out there to use, this blog recomended.