You can see the video at the link above as well.
08/02/2011
Oklahoma Supreme Court Set To Consider 2007 Ruling
OKLAHOMA CITY -- The Oklahoma Supreme Court is considering a 2007 law that might be unconstitutional, a possible ruling that could take sex offenders off the registration list.
Eyewitness News 5's Wendell Edwards reported Monday night that the law, passed in 2007, established three levels of sex offender -- with Level 3 resulting in having to register as a sex offender for life.
However, for sex offenders convicted prior to 2007, a Supreme Court decision ruling the law unconstitutional could mean hundreds of sex offenders fall off the list.
- As they should. Any additional rules and regulations added to a person, after they have been convicted and served their time, is an ex post facto law, which is unconstitutional.
Eyewitness News 5 talked to an offender, who asked that KOCO keep his identity secret. He wanted to share his fight to have his name removed.
"I was supposed to register for five years," he said. "I would really like to be off this list. This affects all your life. Everyday there's something that this affects."
And the law might be on his side.
- The law isn't, but he Constitution is!
The case in front of the Oklahoma Supreme Court involves [name withheld], a Level 3 offender who got a deferred sentence in Texas in 1998. He now lives in Pawnee County.
[name withheld] was about to have his name taken off the registry list when the Oklahoma Legislature changed the law, forcing [name withheld] to register for life even though [name withheld] had completed his probation.
"The problem is that you simply can't change the rules in the middle of the game, and that's what they've done," said attorney David Slane.
Two different courts, acting as one voice, ruled already on two similar cases -- and the offenders won.
In October 2010, the Court of Criminal Appeals -- the highest court for criminal cases -- ruled for a registered offender from Roger Mills County who had been charged with "failure to register."
In June, the Court of Civil Appeals ruled in favor of a Bethany offender who was already off the registry list but who had been ordered to move away from a school.
In each case, the courts ruled that sex offender laws could not be applied retroactively.
Oklahoma City Police Lt. Pete Walker oversees the city's sex offender registration department. He said it's tough enough already to keep track of sex offenders -- and he'd be concerned if several fell off the list suddenly.
- Why? Then your job would be easier, and people would not have their rights trampled on!
Out of 1,300 registered offenders in Oklahoma City, 859 are Level 3 offenders.
