Tuesday, August 13, 2013

NY - UNITED STATES v. BRUNNER, Docket No. 11–2115

Original Article

Diigo Post Excerpt:
In June 2002, Brunner was found guilty by a general court-martial of carnal knowledge and sodomy of a child under 16, in violation of Articles 120 and 125 of the Uniform Code of Military Justice. Brunner was sentenced to 24 months' confinement, with 12 months suspended, and dishonorably discharged. New York State designated Brunner a level 2 sex offender, which required him to register as a sex offender in New York and to keep his registration current. New York state law classifies a level 2 sex offender as one whose risk of repeat offense is moderate. NY Correction Law § 168–k(2).

When released from custody on June 3, 2003, Brunner completed a sex offender registration form, listing his expected residence as Barneveld, New York. On that same form, Brunner acknowledged his duty to notify the New York Department of Criminal Justice Services (“DCJS”) in writing of any change of home address no later than ten days after such a move. In August 2003, Brunner filed a change of address form listing his new residence in Rome, New York. DCJS sent Brunner the mandatory annual verification forms at his last-known address in Rome from 2007, 2008, and 2009, but the forms were returned by the post office as undeliverable. On March 9, 2009, the Rome City Court issued a warrant for Brunner, charging him with failure to register. On March 26, 2010, the Rome Police Department asked the U.S. Marshals Service for help finding Brunner. An investigation revealed that Brunner had applied for food stamps and Medicaid under a false name, Christopher Wiatr, listing an address in Utica, New York. The Marshals located Brunner at the address purportedly belonging to Wiatr, and on April 15, 2010, a federal grand jury for the Northern District of New York indicted Brunner for failing to register as required by SORNA.

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