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Invincible15CF

Kentucky Sex Offender Registration

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I was convicted of a sex offense in 2005 at trial. Two days before my scheduled sentencing hearing, a juror came forward and that opened an inquiry which led to an evidentiary hearing. That juror testified that she had been coerced by another juror to cast her vote to convict based on the fact that I would only receive the year I had already done in the county jail (which turned out to be untrue knowledge). Additionally, this was not evidence that was submitted at trial and was purely determination based on punishment, which is against my constitutional rights. I never had a full opportunity to challenge that assessment. Furthermore, the juror testified that even when she changed her vote, she told the others that she wasn't doing so based on any of the evidence presented at trial. Only based on their need to hurry up and the pressure that was being placed upon her. When the judge asked if the decision of punishment swayed her vote, she stated, "Absolutely! That's what ultimately swayed me!" In the end, the judge did not rule any misconduct and my trial attorney failed to file the Motion for a Mistrial or to even preserve the evidence of her testimony. However, at my sentencing one week later the judge granted me a $5,000.00 appeal bond. I posted the bond on April 17, 2006 and was effectively placed in the Sex Offender Database by my local Probation and Parole Office on April 20, 2006. My Direct Appeals were denied in June of 2008, yet even after the mandate was issued back to the trial court, they never moved to have me placed back into custody. (emphasis) I registered each year while I was out on bond and was Compliant. According to the Kentucky Rules of Criminal Procedure (RCr 4.42(2) and RCr 4.54( B) the trial court should have moved for me to have been place back into custody when my direct appeals were denied. Why would they have just left me out? In fact, they left me out fourteen months after the Kentucky Supreme Court declined review. I actually committed a drug offense that landed me back in jail in August of 2009, otherwise I would probably still be out on bond to this day. Once back in custody I finally learned for the first time that my appeals had been denied and that a Federal remedy was available. However, I learned that my time had lapsed to file the Federal remedy and that I would have to argue Equitable Tolling. I believe they were trying to prevent me from going to prison in the first place. Where prison is like a post-conviction haven. It is there where I became a legal aid and researched my case. It is there where I learned of the remedy of a Federal Habeas. They were too eager to give me the appeal bond in the first place. I think they knew that their system in Boyd County Kentucky had finally been shown to have been plaqued and they did not want to admit it. They did not want the black marks. I registered for the three years while I was out on bond, from April of 2006 to August of 2009. When released they are requiring me to register for the 10 years I was required to by law when convicted pursuant to KRS 17.510. However, if I am to start my registration period after my incarceration, then what was the required registration during my appeal? I mean during that period, I would travel to my brother's and they would post flyers of my picture and my charge up at his apartment complex, but the "alleged" offense doesn't even involve a minor. It was a 23 year old woman and the Sheriff's niece, at that. Additionally, during your incarceration they are to pull any Sex Offender Registration Postings on the Websites. Yet, they did not do that in my case. It remained up on the Website for the 4 years I was in prison. So there are two theories I would like to go under. I would like to ask for 1) The 3 years credit for the Registration I did while out on appeal bond. I mean I did it. It was there. I was Compliant. I am not asking for a free pass. 2) I could ask for not only the 3 years I was out on appeal bond, but also the 4 years credit for the time they left it posted while I was in prison. Although, I did not actually register my physical address and location, they did not comply with the law and pull the information from the site until I had successfully completed my sentence. I don't know? What do you think? It is messed up, I know!

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I understand what the laws are to sex crimes. However, they are not wanting to give me clarification on the expiration of my Sex Offender Registration now! I was only required to register for 10 years! That is what I was sentenced to. Actually, if you want to get particular about it. That was not even in the original Final Judgment and Commitment Order. The judge Amended the Order Six (6) years later after I was already serving my sentence to reflect that I be required to register for Ten (10) years. However, as I said earlier, I did register for three (3) years while I was out on appeal bond waiting to go back into custody and now that I am out, I do not see any clarification on the expiration of my Sex Offender Registration Date. I have asked for it and have additionally written to the Kentucky State Police SOR Unit. They have replied stating that I am not entitled to that information under the open records law (02-ORD-88; KRS 61.870 et seq.) I had originally filed a Petition for Declaration of Rights in Franklin Circuit Court asking for the three (3) years credit that I did while out on appeal bond to ensure that I got it. However, when I did this I had filed the action in addition to other claims such as relief from a Conditional Discharge which was unconstitutionally applied to me as well. I did this against the Department of Corrections and Division of Probation and Parole. I was granted relief in my claim on the Conditional Discharge under the provisions of KRS 532.043. However, they dismissed my claim as moot against those defendants named on the time credit pertaining to the sex offender registry. I am wondering if I should now re-file the action against the Kentucky State Police SOR Unit and Division of Probation and Parole, seeing as how they are the proper ones who enforced the registration action and furthermore will not provide me the clarification I now seek through my administrative remedies?

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I suspect that you're not going to get credit for the 3 years you registered while out on bond.  I suspect the court would consider it a condition of you being released on bond pending appeal and that your conviction wasn't final until the appeal was settled which is when the duty to register would really kick in.  For further assistance, you'd be wise to consult a local attorney. 

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I was not released on bond prior to conviction! I was released on bond after my conviction due to a juror coming forward and testifying that she had been coerced in the jury room during deliberations. This opened an inquiry and led to an evidentiary hearing. I was still convicted, but based on the jurors testimony it was on one juror's untrue knowledge about what punishment would be. He told the jurors to just convict me and that I would only get a slap on the wrist. This one lady did not want to do it. Finally, when they convinced her to change her mind she stated, "I am only doing so not on any of the evidence that has been presented here, but only based on your constant need to get out of here." She also testified at the hearing that this one juror in particular leaned across the table at times pressuring her to change her vote. AFTER I WAS SENTENCED, they released me on appeal bond and I remained out for three (3) years. During that time I registered and complied fully. Additionally, two (2) years after my release on appeal bond, the Kentucky Supreme Court declined further review because my trial attorney failed to preserve the evidence of the juror coming forward. All we had was the evidentiary hearing. However, when the Mandate was issued back to the trial court, they never remanded me back into custody, so I remained out on appeal bond for an additional fourteen (14) months. So I do believe I am entitled to the credit. Why would they have made someone register in the first place? It was not a condition of my release order on appeal bond. I was simply already convicted and Probation and Parole already initiated registration.

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It is also interesting to not that the Kentucky State Police Sex Offender Registration Unit has posted my information on its internet database since the day I originally registered, which was the day I was released on appeal bond in 2006 and after my conviction. They can't just take away the three (3) years of postings that they had up there while I was out on appeal bond. I registered for those years. I am required to register for ten (10) years not thirteen (13). Registering for three (3) years was not a condition of my release on appeal bond. I have a copy of the agreed AOC Bond Order signed by the judge. That is not a condition. Additionally, as I said earlier, registering altogether was not even entered into my original Final Judgment and Commitment Order. The judge amended that Final Order six years after the Final Order was entered, after I was serving my sentence (which is illegal) and threw that in there. As I stated before, I believe I am entitled to the three (3) years credit. I have spoken to trial attorneys and appellate attorneys at the post-conviction branch and although my case is very complex, they have very much agreed. I did the registration time and I am very much entitled. I have documentation to substantiate my claims and proof to support my arguments.

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I just wanted to update this post and advise that I just won this two and one half year case six days ago. It was a very lengthy process, filled with multiple arguments in the case. However, the judge made a ruling without passing to appeals in a very unique situation. I was given back all that was taken, including the 3 year credit while on appeal bond.

Edited by Findlaw_FN
As per the Community Guidelines, links to personal web pages or blogs may be included in the signature line. Other personal or identifying information in this post has been removed. –Moderator

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Invincible15CF,

 

You post was edited specifically because it includes identifying information.  If you would like to post the case, do so with a redacted copy. Neither party name, especially yours, can be included. Links to a Google doc with the aforementioned party names will be deleted.

 

-The FIndlaw.com Team

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