Sex offender's conviction for failure to register overturned

Important here is, that the new neighbor reported him (found in the appeal) and is the one who started this entire mess. So much for him having good neighbors in his new home, at very least the new neighbor should have checked her facts before saying anything; she didn't.

11-10-2010 Nebraska:

LINCOLN — The Nebraska Court of Appeals questioned state law Tuesday while overturning a sex offender's conviction for failing to register after moving.

The court ruled there was not enough evidence to show that Richard Frey, also known as Richard Kouma, had changed his address.

But the court also said the state sex offender law does not define what constitutes an address change.

The definition matters because, under state law, sex offenders must register with the county sheriff within a certain number of days of making an address change or face a potential felony charge.

At the time Frey, 57, was charged, the requirement was to register within five working days after making the change. Current law requires registration within three working days before the change.

“The State, the defense and this court ... all agree that some guidance from the Legislature concerning this important undefined term would be beneficial for future cases,” the court said.

Attorney General Jon Bruning, who represented the state in the case, did not return messages seeking comment.

Frey was charged with failing to register within five working days after moving from Seward to Utica.

According to the appeals court ruling, Frey registered the Utica address with authorities Feb. 22, 2008. He would have met the requirements of the law if he had moved Feb. 15 or later.

Witnesses at his trial offered varying dates for various steps in the moving process.

The sheriff's deputy who arrested Frey did so based on the date that Frey's wife had paid a utility deposit for the Utica home. The deposit was paid Feb. 12.

A neighbor in Utica testified she had seen people carrying belongings into the house around Feb. 9 and saw lights on and unfamiliar cars in the driveway during the next two weeks.

But she acknowledged that she did not know if Frey had moved any belongings into the home. Nor did she know who was paying rent, living in the home, receiving mail there or driving any of the vehicles seen there.

Frey's wife testified that Frey had not spent the night in Utica before Feb. 18. She also said the couple had gone to the Sheriff's Office on Feb. 16, a Saturday, in an attempt to register. ..Source.. by Martha Stoddard
WORLD-HERALD BUREAU