West Virginia Rejects Juvenile Sex Offender Registration

2-15-17 West Virginia:

West Virginia's highest court has ruled that juveniles judged delinquents for sex offenses don't have to register as sex offenders when they turn 18

CHARLESTON, W.Va. (AP) — West Virginia's highest court has ruled that juveniles judged delinquents for sex offenses don't have to register as sex offenders when they turn 18.

The registration requirement applies to any person convicted of sex offenses. The court says under West Virginia law those delinquency adjudications are not convictions.

The Supreme Court also ruled that the names of juveniles convicted of first- or second-degree sex assault can be disclosed publicly.

Those crimes are sexual intercourse or intrusion by someone over age 14 with someone younger than 12 and the same act without consent "by forcible compulsion."

The ruling concerned two separate cases where a teenager, each identified only by his initials in Tuesday's ruling, abused a younger child.

Victims were 18 months old and 9 years old. ..Source..

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West Viriginia court upholds doc's conviction in battery of patient

4-10-15 West Virginia:

CHARLESTON, W.Va. (AP) - The state Supreme Court has upheld the battery conviction of a Roane County physician but set aside a finding that he was sexually motivated when he put his tongue in the mouth of a patient who then bit off part of the doctor's tongue.

Dr. Kenneth Seen of Spencer was sentenced to probation in 2013 in Roane County Circuit Court.

The justices on Friday upheld Seen's battery conviction but vacated the lower court's sexual motivation finding and order for Seen to register as a sex offender for 10 years.

The high court said prosecutors denied his due process rights by failing to give a required pretrial notice of its intent to seek a finding of sexual motivation. ..Source.. by WOWKTV.com

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TV attack ads sway judges’ rulings, study suggests

11-1-2014 West Virginia, National:

CHARLESTON – Campaign attack ads accusing judicial figures of being soft on crime influence their decisions, according to new research sponsored by the American Constitution Society for Law and Policy.

ACS released the findings Wednesday in a report entitled “Skewed Justice: Citizens United, Television Advertising, and State Supreme Court Justices’ Decisions in Criminal Cases.”

Fueled by the 2010 Citizens United Supreme Court decision allowing corporations and unions to make unlimited independent political expenditures, TV attack ads in state supreme court elections has made justices, including those in West Virginia, less likely to rule in favor of defendants in criminal appeals.

“Money is indeed influencing the way justices are ruling,” said Jeremy Leaming, ACS spokesman. “Courts should be impervious to the political whims of the electorate.”

The report is a compilation of data from more than 3,000 criminal appeals decided in state supreme courts in 32 states from 2008 to 2013.

Leaming said the research shows the more attack ads aired during state supreme court judicial elections, the less likely justices are to rule in favor of criminal defendants.

For example, prior to the Citizens United ruling, West Virginia justices voted in favor of criminal defendants 25.2 percent of the time. After the removal of the ban, justices voted in favor of criminal defendants only 16.6 percent of the time, according to the report.

The West Virginia Supreme Court of Appeals did not respond to requests for comment.

The report further states empirical evidence indicates money often manages to buy judicial elections, with outside groups routinely spending millions to elect candidates who will rule as they prefer on priority issues.

Perhaps the most highly publicized incident of corporate money in state supreme court races transpired in West Virginia.

In 2004, Don Blankenship, the former CEO of Massey Energy, contributed $3 million to the “And For The Sake of the Kids” political action committee, which campaigned against sitting state Supreme Court Justice Warren McGraw. One television ad, in particular, received a lot of attention for calling McGraw out for a ruling that allowed a convicted child rapist to work in a West Virginia school.

While the PAC didn’t campaign for McGraw’s opponent Brent Benjamin, Benjamin did defeat McGraw in the general election.

The research also found that beginning in the 1990s, judicial elections have become more competitive and campaign spending has skyrocketed. Judges, who almost never lost their re-election bids during the 1980s, now find their loss rates higher than those of congressional and state legislative incumbents.

Dr. Joanna Shepherd and Dr. Michael S. Kang authored the report.

Founded in 2001, ACS is a legal organization composed of a network of lawyers, law students, scholars, judges and policymakers. ..Source.. by West Virginia Legal Record

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Supreme Court of Appeals reverses circuit ruling in sexual abuse case

10-31-2014 West Virginia:

PRINCETON — According to an opinion entered on Thursday, the state Supreme Court of Appeals has overturned a circuit court ruling in the case of a Mercer County man who entered a nolo contendere plea (no contest plea) to one count of sexual abuse in the first degree.

Virgil Eugene Shrader, 68, of Sandlick, was arrested on May 28, 2007, and was indicted on Feb. 8, 2009, on 12 counts of sexual assault, sexual abuse and sexual abuse by a custodian or person in a position of trust to a child. Shrader and the state entered into a plea agreement that he would plea “no contest” to one count of Sexual abuse in the first degree.

The plea agreement also called for Shrader to undergo a psychiatric evaluation by a mental health professional. The court required that if the defendant did not successfully complete the terms of the agreement, he would be considered to be guilty, and would have to register as a sex offender.

It took time for the state to find an appropriate counselor to provide the therapy because Shrader refused “to admit that he was a sex offender.” The court considered having the charges presented in a trial, but the state held to the plea agreement. Shrader stuck to his refusal to admit his guilt until the court considered putting him in jail. But the court didn’t accept his late admission.

“I think you’re making this admission now just to stay out of jail,” according to a quoted passage from the circuit court hearing. “As far as I’m concerned, you lied under oath.”

The appellate court’s majority opinion characterized the case as: “A procedural quagmire because of the manner in which the parties and the circuit court handled the petitioner’s (Shrader’s) nolo contendere plea,” according to the court’s opinion.

The court opinion noted that “the treatment condition became a moving target,” and said that instead of rejecting the plea, “the circuit court, as well as the state, approved the agreement and allowed the petitioner to plead nolo contendere and specifically did not require him to admit to any legal guilt to the crime charged.

The high court found that Shrader has “completed the conditions imposed under the plea agreement, allowing (Shrader) to withdraw his plea and ordering the state to dismiss all the charges.”

In a dissenting opinion, Justice Allen H. Loughry II wrote: “Unlike the majority, I am confident the victim does not feel as if the crime never occurred.” As a result of the court’s ruling, Loughry noted that Shrader can live anywhere he wants to.

“Remarkably, in the face of the defendant’s admission to having sexually abused a minor, the majority is content to allow his conduct to go unpunished,” Loughry wrote. “I would have affirmed both his sentence and conviction.” ..Source.. by BILL ARCHER

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West Virginia officials increasingly concerned about group that rejects taxes, laws

9-15-2014 National:

CHARLESTON, West Virginia — West Virginia officials are becoming increasingly concerned about a group called "sovereign citizen" that rejects taxes and laws.

The Charleston Gazette reports (http://bit.ly/1s8DaRM ) that state and federal authorities sent a letter earlier this year to local law enforcement officials stating that the group is on the rise in West Virginia.

Thom Kirk, director of the West Virginia Intelligence Fusion Center, says those numbers could be growing because officials are now more aware of the group and are conducting additional training on the subject.

A 2104 study by a national terrorism group listed sovereign citizens as the nation's number one potential terrorist threat.

In West Virginia, there are 19 members registered with the website of the National Liberty Alliance, a sovereign citizens group. ..Source.. by The Republic

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WV State Police Release New App

This App mught be the greatest thing since 7-UP, but if they don't tell you the name of the App no one is going to be able to find it or use it. Nothing on WV State Police site either.

UPDATE: For both Android or Apple, search for WV State Police (Thanks to SOISSUES for finding this)

12-24-2013 West Virginia:

Every county in West Virginia has a detachment of the State Police, but now you won't even have to go there to get all the latest information from your local troopers, thanks to the State Police's brand new app. The new software is available for iPhone and Android phones, and includes access to the state tip line and sex offender registry, and much more.

"There's links to our Twitter and Facebook accounts, so you can get up-to-date information from the state police and follow the type of incidents that have been reported across the state and media reports as well," said WVSP First Sergeant Michael Baylous.

While it's a great tool to share information with the public, local law enforcement will also benefit from the app. Lewis County Chief Deputy Randy Hyre says it will help spread the word faster when people go missing; something that's essential early on in an investigation.

"The faster and the more people that's got it, the better off you're going to be, because when you have cases involving missing people or seniors, the first few hours is the most important," said Hyre.

The app is still new and Baylous says even though it's been released, it's still a work in progress, and will change to meet the needs of the people who use it, to share information in the most efficient way possible.

"In the twenty years I've been in law enforcement, wow, technology has just exploded, and it's going to continue to evolve. If we're going to be successful, we're going to have to evolve with it, and we're going to have to make changes to the way we conduct business as well," Baylous said.

Baylous added that the State Police will take suggestions about what could be included on the app. He said it's far from a completed work and they'll keep an eye out to see how its used by the public. ..Source.. by Alex Hines, Lewis, Gilmer, Barbour and Randolph County Reporter

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Refreshing turn: court holds it's unfair to attack the character of the accused in a rape trial

10-22-2013 West Virginia:

In a he said-she said sexual assault case in West Virginia, the state's Supreme Court of Appeals recently struck a blow for the presumptively innocent by holding that it's not fair to attack the character of the accused. This is a refreshing turn of events.

In rape cases, judges routinely hold that it's not proper to admit evidence of the accuser's sexual promiscuity because the accuser's character should not be on trial in a rape case--the only question is whether a rape occurred. But in the West Virginia case, the court held that evidence attacking the character of the accused (specifically, evidence suggesting he is a sexual predator) should not be admitted because it is so prejudicial that it could deprive the accused of a fair trial. The case is called State v. Maggard, 2013 W. Va. LEXIS 1043 (2013). The majority's opinion was refuted by a vigorous defense that repeatedly called the accuser "the victim."

Bryan Scott Maggard alleged that he was deprived of a fair trial when the circuit court allowed the State to question the alleged victim regarding his sexual history and portraying him as a sexual predator. On direct examination at trial, the State asked the alleged victim, referred to as J.C., why she did not want to go into Maggard's house when he kept persistently asking her to accompany him into the residence. J.C. answered, "I heard how he is."

The defense objected and said "'Heard how he is' is completely outside the scope of what is going on here." The circuit court responded "I will let her answer that." The State then asked, "and you said you knew?" J.C. replied, "Yes. And how he was that he just wants to be with — he just wants to get one thing from girls." Importantly, the State repeated J.C.'s answers twice during its closing argument. The first time, the State represented in closing,

"[s]o she knows what he is like and she is not wanting to have sex at that time with him. That's her decision to make and she says, 'Look, I made this agreement with him. I am not going to have sex with him and I told him that.'"

The second time the State mentioned J.C.'s comments in closing, the State represented that "[t]hat's why [J.C.] made that agreement with him. You heard what [J.C.] said. 'I had heard what he was like. I mean, I had heard these things about him.'"

The court held: "It is apparent from the record that the statements "heard how he is" and "how he was that he just wants to be with — he just wants to get one thing from girls" clearly insinuates that Maggard is a sexual predator."

Generally, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he or she acted in conformity therewith.

Typically in rape cases, when defense counsel seeks to enter evidence showing that a rape accuser has previously behaved in a promiscuous fashion, such evidence is excluded pursuant to rape shield laws that prevent the accuser's character from being put on trial.

Shouldn't the accused's character be similarly protected? In West Virginia, at least, it is. ..Source.. by COTWA

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WV Judge orders move for juvenile sex offender facility

7-31-2013 West Virginia:

The Harriet B. Jones Treatment Center for juvenile sex offenders must be moved out of its current facility before Sept. 30, visiting Mercer County Circuit Court Judge Omar Aboulhosn ruled July 10.

His decision came after witness testimony regarding concerns of the lack of compliance with a previous court order and severe short-staffing.

In his verbal order, Aboulhosn said he was "stunned" to find out juveniles with mental issues, who were housed in the wellness center, were currently being housed with adult sex offenders. Aboulhosn noted those adult sex offenders were juveniles when they committed the offense.

"I'm frustrated," Aboulhosn told attorneys. "I'll be honest with you; this is frustrating. … State government is like this huge ship and you can't spin it on a dime but this matter calls for it to be turned on a dime."

"I'm ordering this because this is the only way I can make this ship turn on a dime," he later added.

According to the West Virginia Division of Juvenile Services, the maximum-security, state-operated facility houses 38 beds for male sex offenders and it is located on the grounds of the West Virginia Industrial Home for Youth.

Earlier this year, the Division of Juvenile Services announced its intention to close the Industrial Home as a juvenile facility and to relocate more than 300 adults there.

The change was part of a larger plan proposed by Gov. Earl Ray Tomblin and the West Virginia Department of Military Affairs and Public Safety to reorganize facilities under the Division for Juveniles Services and the Division of Corrections.

Mountain State Justice, which represents two residents of the facility, originally filed the emergency petition for writ of habeas corpus and writ of mandamus in the state Supreme Court against Dale Humphreys, director of the Division of Juvenile Services and David Jones, the superintendent of the West Virginia Industrial Home for Youth.

The case later was transferred to Kanawha County Circuit Court for factual development, and Mercer County Circuit Court Judge Omar Aboulhosn was appointed to oversee the case.

In the court's November order — which is at issue in the Harriet B. Jones treatment facility matter — parties in the Industrial Home lawsuit agreed to policy changes, such as those controlling solitary confinement, appropriate garb and weekly phone calls.

The order also included an agreement about strip searches, requiring that strip searches be performed only if there is a reasonable suspicion that residents are in possession of contraband, instead of every time they leave the building.

Mountain State Justice called four witnesses, including impromptu witness Stephanie Bond, who serves as the acting director of the West Virginia Juvenile Services.

The first witness was Teah Louise Trent, a former correctional counselor at the treatment center. Trent, who said she is pursuing legal action for wrongful termination allegations, said the facility's director told employees the court order only applied to the Industrial Home for Youth and wouldn't make changes until someone forced them.

Although Trent testified the facility eventually did make changes by discontinuing random searches, changing uniform shirts and allowing residents to talk in the lunchroom, Trent said she still had concerns about understaffing. ..continued.. by Andrea Lannom

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Sex abuse, assault case declared mistrial

7-25-2013 West Virginia:

Late issues with a juror forced Cabell Circuit Judge Paul T. Farrell to declare a mistrial Tuesday in the case of an already convicted sex offender facing new charges, according to the defendant's attorney and court officials.

Clifford Pelfrey Jr., 30, of Huntington is charged with first-degree sexual assault and first-degree sexual abuse. The March 2011 indictment lists seven counts of each crime, all of them linked to the same victim who alleges the incidents occurred between 2001 to 2005 in Huntington when she was at least 14.

Pelfrey had pleaded guilty to a similar charge, first-degree sexual abuse, in 2007. That conviction led to a 1- to 5-year prison sentence and his inclusion on the state's sex offender registry.

Public defender Peter Levy said the prior conviction proved troublesome during jury selection in this week's trial. He said several potential jurors were disqualified their ability to be fair and impartial was affected by either knowing of Pelfrey's prior conviction or their knowledge of others who had been abused.

That left the prosecution and Levy a jury pool large enough to make its final selections, but left no alternates. Levy said trouble arose after opening statements and lunch when another juror remembered he also knew of someone who had been abused, which also affected that juror's impartiality and left 11 remaining in the jury box.

Pelfrey stood by his right to a jury of 12 people, and those developments combined to force Farrell's declaration of a mistrial, Levy said.

The public defender said Pelfrey maintains his innocence. Their side questions the validity of the victim's story, as they believe she is related to the initial victim and came forward after Pelfrey's release from prison.

Levy said a new trial date has been set for Nov. 12. ..Source.. by CURTIS JOHNSON

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West Virginia State Police receive US Dept. of Justice grant to monitor sex offenders

2-25-2013 West Virginia:

The West Virginia State Police is receiving federal grant money to monitor registered sex offenders.

During a news conference on Monday afternoon, West Virginia State Police leaders announced that the agency has received a two-year grant from the U.S. Department of Justice to help improve its sex offender registry.

The money will be used to verify offenders, hire two digital forensics analysts to examine confiscated computers and to put more people on the streets, according to a State Police spokesperson.

Officers believe the money is desperately needed to make sure people on the registry are accounted for. "I absolutely believe that it's important and the information that's submitted should be accurate. As you can see, there are some that aren't going to provide accurate information. That's our job to go out, follow up and make sure that it's accurate," said Sgt. Michael Baylous with the West Virginia State Police.

The agency will receive nearly $400,000 from the grant over the next two years. ..Source.. by April Kaull

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Justices rule sex offender cannot choose where to worship

2-25-2013 West Virginia:

A convicted sex offender will not be able to choose where he worships, West Virginia Supreme Court justices recently ruled, saying an offender does not have an automatic right to attend religious services.

Instead, it is up to the trial court's discretion, the Feb. 22 opinion states.

Charles R. Elder of Bridgeport entered guilty pleas in Harrison County Circuit Court to charges of sexual abuse by a person in position of trust and to third degree sexual assault.

The state alleged in a court brief that Elder "perpetrated hundreds, if not thousands of sexual assaults against his stepdaughters while they were minors and that after one of the stepdaughters was impregnated by the petitioner, the petitioner himself performed a crude abortion on the victim."

The Harrison County prosecuting attorney's office offered Elder a plea agreement, and in February 2009 the court sentenced Elder to not less than 10 nor more than 20 years for the first charge and not less than one nor more than five years for the third degree sexual assault charge.

Elder would serve these sentences by electronically monitored home confinement, with the sentences running concurrently.

The reason for this sentence is because of Elder's diagnosis of Parkinson's disease, post traumatic stress disorder and depression.

However, concerns arose and Elder wanted the trial court to address six areas: the failure of counsel to take an appeal, "erroneous information in the pre-sentence report, ineffective assistance of counsel regarding sentencing/post sentencing appeal and motion to reconsider, a more severe sentence than expected, excessive sentence and mistaken advice of counsel as to parole eligibility."

Newcomer Justice Allen Loughry delivered the opinion of the court, affirming the lower court's decision.

"We find no basis for habeas corpus relief or for further modification of the terms of petitioner's sentencing," the opinion states.

Until this case, the opinion notes, the court hasn't addressed whether home incarceration constitutes "the qualifying level of incarceration for purposes of seeking post-conviction relief in habeas corpus."

Justices ruled that federal law "leaves no doubt" that this remedy is available to those on home incarceration, noting the U.S. Supreme Court has "broadly interpreted" the phrase "in custody" to extend to "any situation where there are significant restraints on an individual's liberty."

"The fact that petitioner is serving his sentence in an alternate fashion subject to the terms of the Home Incarceration Act does not mean that he has the freedom to come and go as he pleases; his daily activities are subject to both the supervision and control of the Home Incarceration Office," the opinion states.

Elder questioned whether habeas corpus should be granted because he paid for services to provide a motion to reconsider and an appeal but he "received neither," court briefs state.

Elder's attorney, Steven T. Cook from the Stapleton Law Office, filed a petition for post-conviction writ of habeas corpus in March 2010, but the court denied the writ regarding allegations of ineffective assistance of counsel.

"Given that petitioner received what can only be viewed as a lenient sentence in view of his admission to committing undisputedly offensive criminal conduct, we seriously doubt that a meritorious appeal could have been taken from the trial court's sentencing decision," the opinion states.

The last argument was whether Elder could choose where to worship. The lower court allowed Elder to leave the state for "properly scheduled and necessary medical appointments," and he could have one hour per day of recreational time outside his home, but he could not leave his yard.

Cook filed a brief in the state Supreme Court asking whether the circuit court judge erred in not allowing him to attend church, whether home confinement monitoring was "too severe" for his deteriorating health and whether he should have been granted habeas corpus because of ineffective assistance of counsel.

The brief additionally requested that Elder be granted probation or a less restrictive sentence, for Elder to be able to move to Texas to get medical relief, to have his home confinement be modified or for the case to be remanded back to Harrison County Circuit Court so that he could attend church services at a place of worship.

Elder's desired church is the Weston Church of God, which is about 45 minutes away from home. Cook said the church provided a van that could take Elder to and from the three-day-a-week services. Cook also said the church already had a security guard in place.

The trial court ruled that Elder could not attend this church, noting Elder was not attending when he was sentenced and he was not attending church on a regular basis.

The opinion notes that one of the exceptions for leaving home is attending church. Elder argued he had a right to attend religious services.

"In making this argument, petitioner misreads the legislative use of the introductory language and further fails to consider that the exceptions to the requirement that an offender be continuously within the confines of his or her home are clearly subject to court approval," the opinion notes.

"In suggesting that the Legislature has mandated that every home incarceration order must authorize participation in the areas covered by the exceptions to confinement petitioner overlooks an implied need to determine whether those exceptions apply to the particular offender."

The lower court refused Elder's argument taking into an account the "duty to protect the children who would either be on the church bus or van or inside the sanctuary during worship services."

The trial court additionally took into account that Pastor Hughes and other church members were regularly visiting Elder in his home to conduct Bible studies.

"We find no basis for concluding that the trial court erred in denying petitioner's request to attend worship services at a specified church in view of the competing concerns necessarily injected into the decision by virtue of petitioner's status as a sexual offender," the opinion states, later noting. "Mr. Elder is free to exercise his religious freedom in other ways." ..Source.. by Andrea Lannom

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West Virginia opts to not comply with federal sex offender registration law due to cost, effectiveness

5-14-2012 West Virginia:

MORGANTOWN, W.Va. — West Virginia has opted to not comply with a federal sex offender registration law because of the cost.

The law calls for states to use a three-tier classification system. Offenders in the highest tier must appear at the appropriate agency at least four times a year to verify their information. Depending on their convictions, other offenders are required to appear once or twice a year.

In West Virginia, State Police troopers visit sex offenders unannounced at least once a year to verify their information.

Division of Justice and Community Services Director J. Norbert Federspiel tells The Dominion Post that the state's system is as effective as the federal requirements.

Division of Justice and Community Services Director J. Norbert Federspiel tells The Dominion Post (http://bit.ly/r8Ei4o ) that the state's system is as effective as the federal requirements. He says there aren't enough troopers to conduct quarterly visits.

Thirty-four other states also aren't in compliance. ..Source.. by The Republic

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West Virginia State Police sued over sex offender listing

4-21-2012 West Virginia:

Logan man told to register because of 1976 adultery

CHARLESTON, W.Va. -- A Logan County man is suing the West Virginia State Police, claiming he was required to register as a sex offender for a crime abolished in the 1980s.

Criss Alan Heston of Logan appeared on the registry next to alleged sexual predators and pedophiles about six weeks after the State Police was ordered to remove him, the lawsuit claims.

The lawsuit, filed in Kanawha County Circuit Court, seeks damages for humiliation Heston says he suffered during his time on the registry. It also requests the State Police to revaluate how troopers are trained to maintain and understand sex offender laws.

According to the lawsuit, Heston was indicted on June 1975 on a charge of felony forcible intercourse with a female without consent in Marion County.

Robert Kuenzel, Heston's attorney, said the charge arose after Heston had sex with another man's wife near Eldora.

"He had a relationship with a married lady," Kuenzel said, "and the bottom line is, her husband found out and pushed the button."

After prosecutors went through the evidence, they allowed Heston to plead no contest on Oct. 27, 1976, to the lesser charge of misdemeanor sexual misconduct -- or adultery. He spent eight days in jail.

Sometime in the 1980s, the West Virginia Legislature abolished the crime of adultery, according to the lawsuit.

Heston lived the next 35 years in West Virginia without any problems and moved to Logan County, where he lived and worked, Kuenzel said. Heston even earned top security clearance to operate Ham radios for the U.S. Coast Guard, he said.

On Aug. 30, 2010, though, Heston received a letter from State Police Sgt. J.E. Skidmore requiring him to register as a sex offender or face imprisonment.

"Our records indicate that you were convicted of 1 Count of Sexual Misconduct on October 27, 1976, thus subjecting you to registration as a sex offender for life," Skidmore wrote in the letter.

Heston responded to the letter and registered as ordered.

Kuenzel said that, soon after, Heston's image, age, height, weight and home address were posted to the websites of the State Police and countless watchdog groups.

"Here you got a guy whose who now has been branded a child molester for life," Kuenzel said.

The Legislature enacted the Sexual Offender Registration Act in 1998. The act enumerates 11 offenses in which a person must register.

"His is not even a crime anymore," Kuenzel said.

Kuenzel said Heston filed action in Marion County Circuit Court, requesting to be removed from the registry. Circuit Court Judge Michael Aloi ordered that Heston be removed from the list on Dec. 2, 2011. Aloi sent a copy of his order to Trooper Skidmore to ensure Heston would be removed immediately.

According to the lawsuit, Heston was not removed until a month later.

"This is another one of those cases where they [State Police] needed some better training on the law," Kuenzel said. "I think they were negligent in what they've done."

Kuenzel cited a recent state Supreme Court ruling, West Virginia vs. Judge, as reason for the State Police to review its own procedures regarding the registry.

In that case, a Tyler County man was arrested for failing to register as a sex offender following an unrelated jail sentence. The Supreme Court ruled that a person can be arrested, "only upon being convicted of a 'qualifying offense.'"

"I think they were negligent in their training," Kuenzel said, "and this is coming from a guy who was a state policeman for 10 years. I like the organization. They are very professional, very upstanding. In this case, they dropped the ball."

Heston's image can be found on at least five sex offender websites, according to an Internet search of his name. Heston's image also appeared in print publications without retraction.

State Police spokesman Sgt. Michael Baylous said he does not comment on pending court cases. ..Source.. by Travis Crum

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West Virginia Appeals court spells out re-registry requirements

3-26-2012 West Virginia:

A state appeals court has ruled that sex offenders are only required to re-register their information after a conviction, not after an arrest.

The court ruled last week that the West Virginia State Police lacked the right to arrest 30-year-old Timothy Judge of Tyler County for failure to re-register on a sex-offender list upon his release from jail in 2010.

Judge complied with re-registering after being convicted on a third-degree sexual abuse charge in 2002. He was arrested in May 2010, on a charge of accessory after the fact to breaking and entering. Police arrested Judge because he didn't update his sex-offender registry entry.

The Charleston Gazette (http://bit.ly/GP8y0Y ) reports that Thursday's opinion says the language regarding the offender-registration requirements should be rewritten to more clearly reflect the law's requirements. ..Source.. by the NorthWestern.com

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Not Just Residency Restrictions, But Walking Restrictions Too

2-16-2012 West Virginia:

Hurricane, West Virginia City Council has passed an ordinance that bans people convicted of a sex offense from entering Child Safety Zones, which include daycare centers, parks, playgrounds, recreational areas and schools. If a sex offender violates the ordinance, he or she will be asked to leave. If someone is found in a Child Safety Zone a second time, he or she could be punished with up to 30 days in prison or a $2,000 fine.

The news story did not address what these means for people who have been convicted of a sex offense who have children.

Some things are worth noting, which seem to be forgotten with these efforts:

-More than 90% of children who are sexually abused know their perpetrators.

-The recidivism rate for sex offenders is 5.3%, which means the vast majority do not reoffend.

- Treatment can work.

- Jill Levenson, who has studied sex offenders and is an associate professor of psychology at Lynn University writes: “Diminishing access to potential victims is an appropriate component of sex crime prevention, but should be tailored to the offender’s risk, offense patterns and victim preferences. Broadly restrictive legislation is unlikely to be effective in preventing sexual assault and interferes with reintegration (housing stability, employment and social support) which may inadvertently increase risk.” ..Source.. by Tumblr

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Shooting a rocket from one’s butt leads to lawsuit

And he doesn't have to register as a sex offender! Yet...

2-7-2012 West Virginia:

Probably the best line from from the 1994 stinker “Major League II” is when play-by-play announcer Harry Doyle describes an opponent’s home run with “He’ll need a rocket up his [BLEEP] to catch that one. That baby’s gone!”

Well, Harry, that one’s been tried. And the result has the rocket launcher’s fraternity being sued. [The West Virginia Record, via Legal Newsline; HT: Marcia McBrien @CourtInfo, which, if you are on Twitter, you should follow.]

A man is suing Alpha Tau Omega after he was injured at a frat party. Travis Hughes, another man at the party, was also named as a defendant in the suit.

On May 1, 2011, at about 1:30 a.m., the fraternity was having a house party both Louis Helmberg III and Hughes were attending, according to a complaint filed Jan. 23 in Cabell Circuit Court.

Helmberg, who plays for Marshall University’s baseball team, claims Hughes became intoxicated and attempted to “shoot bottle rockets out of his anus on the ATO deck.”
When doing so, Hughes startled Helmberg, who then jumped back and fell off of the deck of the fraternity house and was injured, according to the suit. He was lodged between the deck and an air conditioning unit.

The suit actually alleges that the fraternity should have had a railing on the deck, which might have prevented the guy from falling three-to-four feet off the edge.

So he didn’t exactly sue the kid for shooting rockets out of his anus. But still, this case goes from the bottom of the barrel to the top of the imaginary standings for 2012 Lawsuit of the Year.

And those of you with kids in college, eh, I’m sure they’re not doing this kind of stuff. ..Source.. by Michigan Lawyer

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