Man convicted of violating sex offender registry he shouldn't be on

3-27-2012 Georgia:

COBB COUNTY, GA (CBS ATLANTA) - A Cobb County man, who said he should have been removed from the sex offender registry in 2004, is fighting to clear his name after being convicted of violating the registry in 2011.

Leonard Swanagan blamed a government glitch and an overzealous prosecutor for his felony conviction.

Swanagan's troubles with the law began when he pleaded guilty to a misdemeanor sex crime in Ohio in 1994. When he moved to Illinois in 1996 he was required to register as a sex offender.

According to records obtained by CBS Atlanta News he should have been removed from the registry in 2004, ten years after the conviction. An Illinois State Police employee told CBS Atlanta News that a mistake was made and Swanagan was not taken from the registry.

As a result, Swanagan had to register as a sex offender when he moved to Georgia in 2004.

The Cobb County Sheriff's department arrested Swanagan in 2008 for living too close to a swimming pool. Georgia laws prevent registered sex offenders from living within 1000 feet of a swimming pool.

Swanagan was jailed for 14 months after failing to show for a court appearance and was convicted of violating the sex offender registry in 2011.

He said he turned down a dozen plea deals offered by the district attorney's office because he knew he was innocent.

"They wanted me to plea because of the fact that without the plea it was false imprisonment. And you know if I didn't take a plea and I was found innocent I was locked up for nothing," Swanagan said.

Swanagan said he believes then assistant district attorney Bonnie Smith knew that Swanagan should have been removed from Illinois' sex offender registry years earlier. Swanagan said the information was never shared with the jury.

Criminal defense attorney Raymond Giudice said Swanagan broke the law. State law requires sex offenders who move to Georgia to register in Georgia if they are required to register in another state.

Giudice, who is not involved in Swanagan's case, said the Cobb County district attorney could have used discretion in how it prosecuted the case considering the unusual circumstances.

"Cobb county court system has a lot more serious cases to deal with than retry this gentleman and this case. That's my opinion," Giudice said.

Three months after Swanagan was convicted, he was removed from Georgia's sex offender registry. Swanagan is now asking the court for a new trial.

A spokesperson for district attorney Pat Head would not comment on the case. ..Source.. by Jeff Chirico