09/09/2011
By WAYNE GREENE
OKLAHOMA CITY - An Oklahoma County judge has ordered the names of 38 people taken off the state sex offender registry immediately because their length of time on the list was extended after they were initially listed.
- At least we have one judge in this country that isn't allowing unconstitutional ex post facto laws, but, this will probably be appealed by the state as well.
At least 12 more will be removed eventually because of the permanent injunctions signed by District Judge Dan Owens.
Under laws in force at the time, the people all were put on the registry for a set number of years as a result of court actions - typically convictions or deferred sentences - on sex crimes. After they were put on the registry, the number of years they had to stay there was extended by changes to state law.
Owens' ruling - matching findings in similar cases considered by the state Court of Criminal Appeals and the Court of Civil Appeals - was that the state could not extend the number of years a person is required to be on the list after they are on it.
The people ordered removed from the registry would have completed their time on the list under the laws in place when they were initially put there. The others will only have to stay on the registry the length of time required by law at the time they were initially put there.
"When you think about it, it's common sense," said attorney Mark Bailey, who represented many of the people in the case. "I think it's a good holding. I think it's a fair holding. It was only a matter of time before somebody stepped in and just said this isn't going to work."
The 38 people ordered removed from the list were still on the Department of Corrections' online sex offender registry Thursday afternoon. Only one listed a Tulsa address, although seven were convicted in Tulsa County.
State Corrections Department spokesman Jerry Massie said the state hasn't decided whether to appeal the decision.
