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Log inTrial looms in case involving challenges to sex-offender law
Trial looms in case involving challenges to sex-offender law
by Outspoken on Thu Nov 20, 2008 4:45 am
Trial looms in case involving 30 challenges to sex-offender law
BY BETTY ADAMS
Staff Writer Morning Sentinel
AUGUSTA -- A trial is likely in a case where 30 Maine people convicted of sex offenses decades ago are seeking to keep their pictures, addresses, educational sites and workplaces off the Internet.
Justice Michaela Murphy said Wednesday in Kennebec County Superior Court that she expects the challenge to the state's Sex Offender Registry and Notification Act to go to trial.
"The law court seemed to require this court to look at each individual plaintiff and make a decision on each individual plaintiff," Murphy told the 16 attorneys in the court room. Each attorney represented anywhere from one to 14 sex offenders known publicly as John Does 1 through 30, and four more lawyers represented the defendants -- state, county and municipal officials.
The John Does have sued the state, district attorneys, sheriffs and police chiefs, seeking to remain relatively anonymous. The criminal convictions are public record. Most of those convictions, however, predate the state registration law, which has raised ex-post-facto questions.
The complex civil case has already seen two rulings from the Maine Supreme Judicial Court, and more are anticipated. The issue of reconfiguring the registry also is being looked at by a legislative committee.
Maine's law says people sentenced for most sex offenses on or after Jan. 1, 1982 must register as 10-year registrants or lifetime registrants. Previously, registration was required of those sentenced on or after June 29, 1992.
The John Does say registration and the subsequent public posting of their personal information and convictions on the Internet will subject them to irreparable harm, public disdain, possible job loss and certain business loss. Several say they would be prohibited under local ordinances from attending events at schools their children attend.
Murphy heard arguments Wednesday in eight cases where the John Does want to remain off the registry while the court proceedings are under way. She has granted that request in some cases so far. She also set up a schedule to handle future proceedings.
She postponed arguments in one case where the plaintiff, who is suing without a lawyer, did not appear.
"This is a bit unusual because he is appearing under a pseudonym," Murphy told the two women there on his behalf. "He defaults if he's not here."
http://morningsentinel.mainetoday.com/news/local/5625125.html
BY BETTY ADAMS
Staff Writer Morning Sentinel
AUGUSTA -- A trial is likely in a case where 30 Maine people convicted of sex offenses decades ago are seeking to keep their pictures, addresses, educational sites and workplaces off the Internet.
Justice Michaela Murphy said Wednesday in Kennebec County Superior Court that she expects the challenge to the state's Sex Offender Registry and Notification Act to go to trial.
"The law court seemed to require this court to look at each individual plaintiff and make a decision on each individual plaintiff," Murphy told the 16 attorneys in the court room. Each attorney represented anywhere from one to 14 sex offenders known publicly as John Does 1 through 30, and four more lawyers represented the defendants -- state, county and municipal officials.
The John Does have sued the state, district attorneys, sheriffs and police chiefs, seeking to remain relatively anonymous. The criminal convictions are public record. Most of those convictions, however, predate the state registration law, which has raised ex-post-facto questions.
The complex civil case has already seen two rulings from the Maine Supreme Judicial Court, and more are anticipated. The issue of reconfiguring the registry also is being looked at by a legislative committee.
Maine's law says people sentenced for most sex offenses on or after Jan. 1, 1982 must register as 10-year registrants or lifetime registrants. Previously, registration was required of those sentenced on or after June 29, 1992.
The John Does say registration and the subsequent public posting of their personal information and convictions on the Internet will subject them to irreparable harm, public disdain, possible job loss and certain business loss. Several say they would be prohibited under local ordinances from attending events at schools their children attend.
Murphy heard arguments Wednesday in eight cases where the John Does want to remain off the registry while the court proceedings are under way. She has granted that request in some cases so far. She also set up a schedule to handle future proceedings.
She postponed arguments in one case where the plaintiff, who is suing without a lawyer, did not appear.
"This is a bit unusual because he is appearing under a pseudonym," Murphy told the two women there on his behalf. "He defaults if he's not here."
http://morningsentinel.mainetoday.com/news/local/5625125.html
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Plato (427-347 BC)
Plato (427-347 BC)
