September 11, 2013

Some prior cases don't require sex offender registration

9-11-2013 Texas:

The Bexar County District Attorney's Office will not force a north-side landlord to register as a sex offender, even though he was convicted of raping a San Antonio woman in 1978.

At least five of the man's properties are within a few hundred feet of Larkspur Elementary School, drawing concern from at least one resident in the neighborhood.

"He has keys to so many people's front doors, single moms who go to work," said the woman, who asked KENS 5 to conceal her identity.

Starting in 2005, state law required all people convicted of sex crimes prior to September 1, 1970 to register, regardless of the severity of the crime.

A spokesman for the Texas Department of Public Safety said the nature of the man's conviction "after it played out in court" may have played in factor in the man not being forced to register.

He referred our other questions to the district attorney's office and the police department where the man lives.

KENS 5 is not identifying the man because he is not part of the registry and has not been convicted of a crime of a sexual nature since the registry was created.

Following his conviction, the man was sentenced to five years in prison, which was then reduced to five years probation.

The man's attorney said his client has dealt with people trying to get him added to the registry for close to a decade. The attorney also said that the rape conviction was overturned after the man met the terms of his release.

KENS 5 could not find any indication the conviction was ever overturned or dismissed.

An official with the Bexar County District Clerk's Office said the man's probation ended in 1983 and he then attempted to have the conviction expunged.

The clerk's office provided KENS 5 a copy of the original case against the landlord. ..Source..w/video.. by Dillon Collier

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