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Sex offender registry listings subject of court appeals

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Indiana’s Sex and Violent Offender Registry is under legal scrutiny with two high-profile lawsuits challenging various aspects of the listings.

The online database – www.icrimewatch.net/indiana.php – has deprived due process by failing to provide a means for erroneous listings to be corrected, the 7th Circuit Court of Appeals ruled Aug. 28. The court reversed a ruling by U.S. District Judge Tanya Walton Pratt in favor of the Indiana Department of Correction.

“We had said all along all we wanted was a very simple procedure that said someone would listen to people who said there are mistakes,” explained American Civil Liberties Union of Indiana Legal Director Ken Falk, who successfully represented the plaintiff and those similarly situated in David Schepers, et al., v. Commissioner, Indiana Department of Correction, 11-3834.

15col-IL_Registry08.jpg From left, bailiff Erin Lantzer and Court of Appeals Judges Paul Mathias, Nancy Vaidik and Michael Barnes listen to oral arguments in Andrews v. State on Sept. 5 at I.U. McKinney School of Law.(IL Photo/ Perry Reichanadter)

Schepers, who is a sex offender, was incorrectly listed as a violent sex offender on the registry. State and federal laws require people convicted of specified sex crimes to register with their state databases that disclose their names and addresses.

The reach of those laws – particularly a 2006 federal statute – was the subject of another challenge heard by the Indiana Court of Appeals on Sept. 5 at the Indiana University Robert H. McKinney School of Law in Indianapolis.

Thomas Andrews argued that he should not be required to be included on the registry. Now an Indiana resident, Andrews was convicted of rape and abuse of a child in Massachusetts in 1984 and completed his sentence in 1989.

In Thomas Andrews v. State of Indiana, 29A02-1112-MI-1166, Andrews argues that because the registry didn’t exist at the time of his conviction, and because the federal Sex Offender Registration and Notification Act didn’t pass until 2006, requiring him to submit to the registry constitutes ex post facto punishment.

“He was never obligated to register as a sex offender,” Andrews’ attorney, Cara Schaefer Wieneke, argued to the Court of Appeals, until he was contacted by the Hamilton County Sheriff’s Office in 2006. He voluntarily registered, she said.

Deputy Attorney General Frances Barrow acknowledged when questioned by Court of Appeals Judge Michael Barnes that Indiana could not compel Andrews to register under state law.

That was news to Wieneke.

“He only registers because he thinks he’s going to be prosecuted if he doesn’t,” Wieneke said after making her case to the Court of Appeals, which took the arguments under advisement.

Key to both sides was the Indiana Supreme Court precedent of Richard Wallace v. State of Indiana, 905 N.E.2d 371 (2009), in which justices ruled unanimously that the requirement that Richard Wallace register for a 1989 conviction violated the state Constitution’s Ex Post Facto Clause.

But Barrow said SORNA would apply in the case of Andrews, whose business sometimes takes him out of state. She asked the Court of Appeals to instruct trial courts that they must deny relief to petitioners who ask to be removed from the registry if the courts find an obligation to register under SORNA.

“We are saying that under Wallace, the state can’t prosecute (Andrews),” Barrow said. “Under SORNA, the federal government can.”

Wieneke argued that the precedent of Wallace is clear, and the federal question is unknown. She told the court that Andrews would not be required to register as an offender under Massachusetts law, either.

andrews Andrews

In the Schepers case, the 7th Circuit said that while the DOC had revised its process for inmates who are about to be listed, no procedure was in place for those already on the registry who either should not be or whose information was erroneous.

The DOC argued that it had turned over registry information processing to the Indiana Sheriffs’ Association, but the court said DOC continued to have ultimate responsibility for the information.

“All the sheriffs as well as the Department of Correction want to make this as error-free as possible,” said DOC spokesman Doug Garrison. “The devil is in the details.”

Garrison said no decision has been made on whether the DOC will appeal.

“This ruling comes as the Indiana Legislature is conducting legislative hearings on potential changes to the Indiana Sex Offender Registry as part of a broader discussion with the DOC, the Indiana Sheriffs’ Association and other stakeholders,” Indiana attorney general spokesman Bryan Corbin said in a statement.

One possibility includes centralized administration of the registry. Data on the registry currently are maintained by the state’s 92 sheriffs.

The 7th Circuit opinion in Schepers urged all parties involved to work together to arrive at procedures that provide due process to someone erroneously listed on the registry. Falk said there is no way to know how many people might be in that class.

“We conclude with the observation that providing additional procedures to correct registry errors may wind up benefiting the state as well as registrants,” 7th Circuit Judge Diane Wood wrote. “Erroneously labeling an offender a sexually violent predator imposes unnecessary monitoring costs on state law enforcement and reduces the efficacy of the registry in providing accurate information to the public.”•

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  • not allowed on school property in indiana
    Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Jaramieharness@gmail.com Thank you.
  • unjust retrictions
    i was convicted of criminal confinement in 2010.i did not have any sex or anything with any minor. i took 3 pictures of a 17 yr olds covered cleavage.and they were consentual pictures.i served my time in prison and thought after i had served all my time i would be done with this whole mistake and get on with my life.i was released to the state of michigan where my family lived. once i met with my parole officer i was informed i could not see my two teenage sons until i was released from parole on dec 10th 2013.i had already not seen my boys for over two yrs now because even though i had no minor restrictions imposed on me by the courts, the indiana parole board blanketed me with these conditions that keeps me from sein my children at all..i was told by my attorney during the plea bargain stage that the plea they offered me was only good for that day and if we continued with the interviews of the police officers that came to my house that evening than they would take away the plea and it was not a sex crime.. the day i went to court to sign the plea i found out than that he nor the prosecution knew at the time that criminal confinement was indeed a sex offense. my attorney passed away the following year so im not sure if i have grounds to file an appeal.the system is set up for failure and the restrictions are set up to create a violation in order to keep you in the system.the crime i had agreed on in the plea agreement doesnt even exist in michigan but i still have to register for 15 yrs now..if a person does not have a crime against children than they should not have to be subject to the same rules as a violent predator or child molester.being subject to the same rules could endanger my well being just because someone doesnt know the story behind my so called crime..by the way 17 is a legal consenting adult in indiana.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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