Thursday, September 17, 2015

Tulsa sex offender not bound by residence restriction laws passed after his crime was committed

Tulsa police are worried.

A man who committed a sex crime in 1999, sixteen years ago, was released from prison in 2012 and now wants to live with his mother, whose home is near a school or daycare center.
A 2003 Oklahoma law prevents sex offenders from living near schools and daycare centers. In January 2015, [the man] asked the courts for an injunction against the Tulsa County District Attorney's office, Tulsa Police and the Tulsa County Sheriff's Office, arguing that since the law was passed after he committed his crimes, it didn't apply to him.
The court agreed with that argument and now the man can live where he chooses.
Tulsa police fear this will lead to a similar situation for many more convicted child molesters.
After the 2013 Oklahoma Supreme Court decision in Starkey v. Department of Corrrections, one would think that the Tulsa police were already aware that ex post facto laws could be challenged successfully. Have the Tulsa police been quaking in their boots ever since Starkey?
"The whole premise of the sex offender registry is to protect our children. Safe zones were created for families to at least feel comfortable knowing there were no sex offenders living nearby. The ruling will open the door for sex offenders to file similar lawsuits and be granted the freedom to reside next to an elementary school, if they so choose," said Tulsa Police Sgt. John Adams. [My emphasis.]
No sex offenders living nearby.

Psst! The sex offenders living nearby are likely the ones who have yet to be discovered. 

Let's hear it for filing similar lawsuits!

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