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Saturday, August 09, 2008

Ind. Courts - More on: Jeffersonville's ban on sex offender in park to be tested again

This ILB posting yesterday quoted a Harold J. Adams report in the Louisville Courier Journal that began:

A judge said he will decide today whether to grant a Clarksville man an exemption to an ordinance that bans sex offenders from Jeffersonville city parks.
Now this report from the evening Jeffersonville News & Tribune, written by Matt Thacker:
A convicted sex offender’s latest request to be allowed to watch his 11-year-old son play Clarksville Little League baseball in Jeffersonville was denied Friday morning.

Clark County Circuit Court Judge Abe Navarro denied Eric C. Dowdell’s request for an exemption from a city ordinance that prohibits him from watching the games. * * *

Larry Wilder, the city’s attorney, said Dowdell met 10 of the prerequisites for an exemption from the ordinance, but he did not meet the 11th, which is that the offender cannot be a danger to the community.

Dowdell’s attorney, Gavin M. Rose of the American Civil Liberties Union, said he was disappointed in the decision and believes the judge only looked at Dowdell’s criminal history and not his relationship with his son. * * *

In court records, Navarro cites Dowdell’s criminal history as evidence that he “continues to present a danger to the community.”

In July 1996, Dowdell was convicted of class D felony sexual battery and sentenced to three years in prison. His victim, according to court testimony, was a 13-year-old girl.

He was required to register as a sex offender for the next 10 years.

Dowdell has had other legal problems too. In 2001, he pled guilty to domestic battery, and in 2002, he pled guilty to battery.

He has also been charged with class D felony strangulation and class A misdemeanor domestic battery for an incident that allegedly occurred March 2 of this year.

Judges with the Jeffersonville City Court have twice denied exemption requests filed on behalf of Dowdell. The case first came about when Dowdell was coaching his son’s team last summer, and they had a game scheduled in Jeffersonville. He no longer coaches the team.

Dowdell has the option to take the case to the Indiana Court of Appeals. Rose said he will talk to his client soon to discuss what steps to take next.

In a separate case, the constitutionality of the city’s ordinance is being challenged by another ACLU lawyer. A hearing is scheduled for Aug. 25.

[More] Here is today's report from the LCJ's Harold J. Adams.

Posted by Marcia Oddi on August 9, 2008 08:07 AM
Posted to Indiana Courts