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Attorney must register as a sex offender

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An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.

William Wallace was indicted in June 2010 on charges of Class D felonies obstruction of justice and possession of child pornography, Class A misdemeanor patronizing a prostitute, and Class B misdemeanor false informing. He also faced a Class D felony voyeurism charge. The charges stem from Wallace allegedly videotaping himself having sex with a former client and employee without her permission. He allegedly told the client that if the two had sex, he would write off money she owed him for legal fees. When police executed a search warrant of his home, they took computers, on which they found child pornography.

Wallace entered into a guilty plea Tuesday in Gibson Superior Court, pleading guilty to the Class D felonies obstruction of justice and possession of child pornography. Those convictions would be amended to Class A misdemeanors upon successful completion of probation and as long as Wallace had no other arrests or convictions while serving his sentence. He was sentenced to 18 months at the Indiana Department of Correction, with the first 90 days served on GPS home detention and the remainder served on probation. He also had to pay court costs and fines, complete 50 hours of community service and attend counseling.

As part of his plea agreement, he would not be required to register as a sex offender because the conviction would later be amended to a misdemeanor. But this is not permitted under Indiana law, Judge Earl Penrod concluded at a hearing Thursday afternoon. The judge issued an amended sentencing order that kept the original sentence intact except for Wallace’s Class D felony conviction of possession of child pornography.

Indiana law requires someone convicted of child pornography to register as a sex offender, contrary to what was discussed during negotiations and court proceedings, Penrod wrote in the amended sentencing order. He gave Wallace the option of withdrawing his guilty plea or allowing the original plea to stand with corrections made regarding the child pornography conviction. Wallace chose to not withdraw his previous plea of guilty and objected to the correcting of the sentence.

The Class D felony will not be amended to a Class A misdemeanor and now Wallace must register as a sex offender.

At Tuesday’s hearing, Wallace also offered his intent to plead guilty to the Class D felony voyeurism charge, which is currently before the Indiana Court of Appeals on interlocutory appeal regarding whether that charge can stand. Penrod took his intent to plead guilty under advisement until the COA makes its decision.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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