Another sex offender wins appeal

12-20-2010 Ohio:

LISBON - A ruling earlier this year by the Supreme Court of Ohio regarding sex offender reclassifications has resulted in another sex offender winning his appeal and having his civil case sent back to Columbiana County.

Larry A. Cechura, 42, of Washington Street, Salineville, was one of several convicted sex offenders who challenged the constitutionality of a portion of Ohio's Adam Walsh Act, which resulted in the state automatically changing their classifications to more stringent requirements.

The reclassifications which lengthened reporting requirements in some cases came after the offenders had already been in court and faced a judge, in effect, overturning court action.

The Supreme Court ruled the move by the state in those cases was unconstitutional, resulting in the state reversing the action and reinstating the original sex offender classifications. The ruling didn't affect registrations determined after the new classification system was put in place.

The high court ruled the reclassifications violated the separation-of-powers doctrine, which means legislative action can not overturn court action.

A Common Pleas Court jury convicted Cechura of sexual battery, a third-degree felony, and sexual imposition, a third-degree misdemeanor, in 1999. He was sentenced to four years in prison and 60 days in the county jail, with the terms to be served at the same time. He was also named a habitual sexual offender, but that was reduced to sexually oriented offender status in 2001, meaning he had to register his address with the Sheriff's Office for 10 years after his release from prison.

When he was reclassified by the state in 2007, he was given more stringent reporting requirements and filed a lawsuit against the state. Many of the cases were stayed pending a ruling by a higher court. Once the 7th District Court of Appeals found the reclassifications weren't unconstitutional, the Common Pleas Court judges followed suit and denied the constitutional challenges.

Cechura appealed the Common Pleas Court ruling to the 7th District Court of Appeals, which cited this year's decision by the Supreme Court as the reason for overturning the lower court's decision.

Cechura's classification had already been switched back to sexually oriented offender. He's currently listed on the county sheriff's web site as a registered sex offender.

Court documents said Cechura had sexual contact with a woman and a female juvenile in 1998.

His civil case over the reclassification will be reviewed in Common Pleas Court. ..Source.. by MARY ANN GREIER, Staff Writer