« Law - Metadata, can you get it, can you use it? | Main | Ind. Courts - Yet more on "Marion Superior Court judges plan to start cracking down on prospective jurors who don't show up on the days they're assigned" »

Wednesday, February 27, 2008

Ind. Decisions - More on: A convicted sex offender in White County is challenging new state law

On Aug. 4, 2007, Sophia Voravong of the Lafayette Journal Courier reported:

MONTICELLO -- A convicted sex offender in White County is challenging a new state law that is forcing him to move from the home he chose so his children could be near their school.
Today she reports:
MONTICELLO - A man identified only as John Doe in court documents has not even gotten a parking ticket since his release from prison 19 years ago for child molesting, according to his attorney.

But a judge this month denied the man's petition to no longer be considered a threat to children and to be taken off Indiana's Sex and Violent Offender Registry. * * *

John Doe was forced to move last summer under a new Indiana law that prohibits sex offenders convicted of crimes against children from living within 1,000 feet of a school, youth program center or public park.

Doe, who had lived in his home for 15 years, was the only offender in violation in White County.

He filed a request last summer to have a judge determine whether he is still considered an offender against children. This was done under a law that took effect July 1, 2007, which exempts certain offenders provided that it was been 10 years since their release from prison.

Also at issue was whether Doe was being punished again, years after his release from prison.

But in a two-page order issued Feb. 20, Judge Robert Thacker of White Circuit Court ruled that the safety of the community's children trumps John Doe's objections.

"Where individuals in a group, such as convicted sex offenders, have distinguishing characteristics relevant to the concern of the state of Indiana's protection of children," Thacker wrote, "the state has the authority to implement laws reasonably related to the protection of children."

John Doe was convicted of Class B felony child molestation in 1982 in Howard County. He served seven years in prison. * * *

Two Tippecanoe County judges also ruled last week against sex offenders who filed civil complaints challenging the residency law. Another case is still being considered by Tippecanoe Superior Court 2 Judge Thomas Busch.

For more on the two rulings last week, see this ILB entry from Feb. 20th and this one from Feb. 22nd.

Posted by Marcia Oddi on February 27, 2008 08:20 AM
Posted to Ind. Trial Ct. Decisions