Former coach contests offender listing

OMG wrote:

Put his A$$ back in jail for contesting the judge's condition of release.
Tier 3 was a condition of his early release parole and registering every 3 months is not a severe penalty. If he doesn't like the conditions, send him back to jail.
He's a serious pedophile sex offender for many years starting down in Canton when he worked in their schools. He should have never been released early in the first place.

True Patriot wrote:

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I agree. He made the deal and now he wants to renegotiate the terms. My thought is that he can be off the list if he goes back to jail. Sounds fair to me.

OMG wrote:

Put his A$$ back in jail for contesting the judge's condition of release.
Tier 3 was a condition of his early release parole and registering every 3 months is not a severe penalty. If he doesn't like the conditions, send him back to jail.
He's a serious pedophile sex offender for many years starting down in Canton when he worked in their schools. He should have never been released early in the first place.

True Patriot wrote:

<quoted text>
I agree. He made the deal and now he wants to renegotiate the terms. My thought is that he can be off the list if he goes back to jail. Sounds fair to me.

Duke for Mayor wrote:

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Actually, Just the opposite is true. Through the prosecutor's proffer of and agreement to the terms of the plea bargain, the State "made the deal" and is now seeeking to alter the terms of that "deal" based upon the change in law that took effect AFTER he was sentenced. He is simply arguing that under these facts, imposing the more onerous reporting requirements upon him would violate the ex post facto double jeopardy provisions of the Constitution. And its a pretty good argument.
From the article:
"As part of the release order, Common Pleas Judge Marvin A. Shapiro classified Brown as a Tier 3 sex offender, the highest level under the new state sex offender law.
It means that Brown must register his address with the county sheriff every 90 days for the rest of his life.
But when Brown pleaded guilty to two counts of sexual battery April 11, there was a different sex offender law in effect. And his registration requirements then were not nearly as ''onerous'' as they are now, defense lawyer Paul F. Adamson said in his court filing.
The civil suit, filed Friday in Common Pleas Court, asks for a hearing, in addition to a preliminary injunction preventing the sheriff from enforcing the Tier 3 penalties against Brown.
Under terms of Brown's plea agreement in April, he was classified as a sexually oriented offender. As such, he was required to register his address with the sheriff once a year for 10 years.
Brown was notified of the change in the sex-offender laws in mid-December, while he was still in prison, and the resulting reclassification was ''improper and unconstitutional,'' Adamson said in the filing.
Not only was the reclassification a violation of the ex-post-facto provisions of the U.S. Constitution, it also was a violation of the double-jeopardy clauses of the U.S. and Ohio constitutions, Adamson said."
woof

The Big Lebowski wrote:

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He got out early because Judge Shapiro granted him shock probation. That being the case, the judge should also have the discretion to classify him as a Tier 3 offender. This wasn't the first time this guy has pulled this kind of stuff, as his history with the Canton schools shows.