Judge calls new sex offender law "a political placebo"

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Finally someone with the balls to call this what it is, useless.

04/21/2007

COVINGTON - A northern Kentucky judge has ruled that Kentucky's new sex offender law should not apply to criminals convicted before the new restrictions took effect.

Eleven Kenton County residents challenged the law that prevents them from living within 1,000 feet of a playground, school or day care.

Kenton District Judge Martin Sheehan was critical of state lawmakers in a ruling on Friday that said the law does not apply to people convicted of their crimes before enforcement began last year.

"If the offender is still permitted to visit and linger in such areas for protracted periods, so long as he does not sleep there, what actual protection have we provided our children?" Sheehan wrote. "In truth, residency restrictions appear to be little more than a political placebo, offering false comfort to pacify the publics fear of sex offenders."

Attorney Don Nageleisen called the order "the most courageous judicial decision in the last 10 years." Nageleisen, who represented one of the 11 men, challenged the misdemeanor charges on constitutional grounds.
- Amen! I second that vote. He is a true judge who knows BS when he sees it!

Registered sex offenders frustrated in finding an eligible place to live are fighting the law in court.

A Fleming County jury recently found a registered sex offender guilty but ordered no jail time or fine, said Tom Griffiths, regional manager for Kentucky Department of Public Advocacy. In another incident, a charge was dropped against a Mason County sex offender when he agreed to move.

"This is a ruling in the right direction," said Beth Wilson, executive director of the American Civil Liberties Union of Kentucky. "We have long argued that the new law ... does nothing to enhance community safety. It effectively banishes people from their communities."

Sheehan ruled that legislators passed a punitive law after the fact - a violation of the state and federal constitutions. Prosecutors had argued that the restrictions were not further punishment, but a civil plan designed to protect children.
- This is BS! This is punishment no question about it, and these idiotic politicians need to be FIRED for not upholding the constitution like they SWORE to uphold!