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Justices: parole conditions unenforceable, SOMM constitutional

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The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.

In 2005, David Bleeke was convicted of residential entry and attempted criminal deviate conduct related to an adult victim. He was released from incarceration in 2008 and placed on parole until 2015. Several of his parole conditions prohibited him from having contact with any children – including his own. After a legal challenge, Bleeke may now have contact with only his children.

In David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al., 02S05-1305-PL-364, Bleeke challenged the specific conditions restricting his access to minors as being unconstitutional, and argued that others fail to comply with certain statutory requirements. He also claimed that several of the parole statutes are facially unconstitutional in the manner by which they classify sex offenders. He also argued that the SOMM program is both facially unconstitutional and unconstitutional as applied to him.

The Court of Appeals found that Bleeke shouldn’t be considered as an offender against children based on his attempted criminal deviate conduct conviction because the statute dictating that classification is only applicable to offenses committed after July 1, 2006. It also held the SOMM program violated Bleeke’s Fifth Amendment rights. He challenged having to sign a form that allowed a polygraph examiner to share the results of his test with a probation officer.

The justices agreed that enforcement of conditions 4,5,17,19 and 20 must be enjoined because no evidence was presented that shows Bleeke is, was, or will be a threat to children – his own or otherwise.

Regarding his SOMM challenge, Justice Steven David wrote for the unanimous court, “The question before us thus becomes whether this threat to Bleeke—answer the potentially incriminating questions or face re-incarceration—so compelled (or will compel) his answers that it violates the Fifth Amendment unless he is provided immunity. ... Regardless, we agree with those other state and federal courts applying McKune (v. Lile, 536 U.S. 24(2002)), and holding that this form of disciplinary response does not constitute a ‘penalty’ such that Bleeke would have been compelled to yield his Fifth Amendment privilege.”

“And so while he was incarcerated, the State was permitted to present Bleeke—and all SOMM inmates—with a constitutionally permissible choice: participate in the SOMM program and maintain a more favorable credit status and/or privileges within the prison system or a favorable assignment in a community transition program, or refuse to participate and instead serve out the full term for which he had been lawfully convicted,” David continued.  

The case is remanded for further proceedings.
 

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  • What of wrongfully convicted?
    What becomes of a person who maintains his innocence throughout the trial, who is nevertheless found guilty, who does his time and who SOMM then "requires them to take responsibility for their offenses" by admitting their guilt? How is that any different than someone signing a confession under coercion or duress? Because if the wrongfully convicted party refuses to admit his guilt, he will continue in prison for the full length of his sentence, a longer term than guilty parties who complete their SOMM requirements. How is that justice?

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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