Showing posts with label Due Process. Show all posts
Showing posts with label Due Process. Show all posts

March 13, 2009

AL- Sex offender released after complying with address requirement

3-13-2009 Alabama:

A convicted sex offender arrested Tuesday for failing to provide law-enforcement officials with a workable address before being released from Limestone Correctional Facility has since complied with the law and been released, an official said.

Limestone County Sheriff’s Department arrested Tristian Scott Hamilton, 37, of 1857 Deo-Dara Drive at the prison and charged him with violating the Community Notification Act, records show. He was held in the Limestone County Jail until he could comply with the law, which he was able to do Tuesday, said Deputy Mike Gunter, who ensures that Limestone County sex offenders periodically report their addresses and that they actually reside at those addresses.

Under the act, also known as Megan’s Law, a convicted sex offender must report, in a timely manner, the address at which he or she will reside upon release from jail and the name and physical address of his or her employer so they can be verified.

Hamilton is not yet listed on the Alabama Department of Public Safety’s Web site of convicted sex offenders, which lists the crime that required registration. ..News Source.. by Jean Cole

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IL- Elgin teen says he was 'terrified' into pleading guilty to rape

3-13-2009 Illinois:

An Elgin teen convicted of raping an 8-year-old girl now claims his attorney "terrified and coerced" him into pleading guilty.

____, 17, of the 600 block of Jefferson Avenue, made the allegations in recently filed court papers requesting a new trial in Kane County Circuit Court.

The handwritten document claims Hampshire defense attorney Nils Von Keudell inadequately represented Facio and interfered with his right to consult his mother.

The result was a 16-year prison sentence that ____ describes in his filing as "unethical, extremely too severe and amounts to cruel and unusual punishment."

Von Keudell could not immediately be reached for comment Thursday.

_____ pleaded guilty to aggravated criminal sexual assault, a Class X felony, in September after he was accused of raping and molesting an 8-year-old girl. Ten related charges were dismissed in exchange for the plea.

At the fall court hearing, _____ told Judge Allen M. Anderson he was on antidepressants but that the medication did not affect his ability to make decisions - a statement the court filing contradicts by saying the medication "possibly interfered" with his decision.

By law, _____ had only 30 days to appeal his own guilty plea. How a judge might respond now that six months have passed is unclear.

In an unrelated case, _____ was sentenced last year to 18 months in a juvenile detention facility after he was convicted of stabbing a consumer science teacher at Elgin High School in the head, neck and eye. ..News Source.. by Josh Stockinger

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