Friday, December 13, 2013

OK - Man who was told he was off the registry is in jail for a registry violation?

Catch 22?Original Article


By Malinda Rust

A district court judge has ruled a Comanche County man currently incarcerated for sex offender registry violations committed after his required registration period had expired will remain in jail for the remainder of his term.

Comanche County District Court Judge Mark Smith filed an order Tuesday denying _____'s application for post-conviction relief, filed in October after he received a letter from the Department of Corrections stating he had been removed from the state's sex offender registry.

DOC reviews thousands of cases

DOC officials began reviewing every name on the list individually after the Supreme Court ruled in June some convicts in Oklahoma were being kept on the registry past their lapse dates when changes to registry laws were retroactively applied.

In October, when _____ filed his motion asking to withdraw his previous guilty plea, the DOC had reviewed just over 1,300 of the over 7,000 offenders on the state's registry and removed 679 offenders who were no longer subject to registry requirements. _____ was one of those offenders who was removed from the list in early October.

According to _____, his registry period should have ended June 17, 2009, which was 10 years after his release from custody, following a 1997 indecent act with a child case in Kiowa County. The DOC kept him on the sex offender registry, so when he didn't notify police of a move in April 2012, LPD officers arrested him for failing to notify of an address change. _____ was arrested, charged, pleaded guilty and was sentenced to 10 years with five suspended.

Argues charge not applicable

"I was illegally charged with a felony for not complying with Oklahoma Sex Offender Registration Act where none applied pursuant to new Oklahoma Supreme Court decision of Starkey v. Oklahoma Department of Corrections," he wrote in his motion.


anon said...

According to the article, he plead guilty to a registry violation. He may get relief after the fact, but since he plead guilty to the charge I don't think the judge had much choice.

Eric Knight said...

So, for all pragmatic purposes, the cost of being a registered sex offender has been set at $890,000.

Mark said...

"- What ever happened to "Innocent until proven guilty?" Ah, and herein lies the "rub!" When charged with any sexual;l offense, the presumption of innocence "flips, it becomes guilty until proven innocent. Because accused sexual offenders in virtually all courts are not accorded the same legal dignity an accused drug dealer, domestic violence, murderer, embezzler, assault and battery, car thief, etc. gets - that's why.

Sex Offender Issues said...

Exactly, and that is why we asked the question.

Mark said...

Glad I could share my friends!

Scott said...

Wrong. The judge did have a choice but did what most judges at his level do, follow the law as written or the interpretation of another court. It's a way that provides the judge the easiest path to re-election and at the same time makes a joke of the legal system since this approach is hardly a check or balance.
Another judge will likely rule in petitioners favor and the case should be sent back to this court wasting much time and money in the process and unfortunately for this man he won't be compensated for being wrongly sent to prision and will have to wait there while this process plays out.