Judge hears first sex offender to offer challenge
By MARY ANN GREIER, Staff WriterLISBON - The first sex offender to challenge new classification requirements last year finally had his case heard by a judge, who said he should be designated Tier I, the level with the least requirements.
Brendan McClaskey, who lived in the Salem when he filed his case, received notification from the state in December 2007 that he was being reclassified as a sexual oriented offender and that his reporting requirements were being extended beyond the time of his original classification.
According to the document, he was convicted of corruption of a minor and attempt to corrupt a minor in Erie County, Ohio. The notification from the Ohio Attorney General said the offense under the law was unlawful sexual conduct with a minor.
In a recent entry filed by Judge David Tobin of Columbiana County Common Pleas Court, he found the McClaskey didn't actually get served with a letter from the state designating his Tier level, but he felt he should be designated Tier I, which means he has to register once a year for 15 years.
If he wants to contest that, Tobin said he could do than in the county of his residence.
In another case, Tobin ruled that the new registration requirement didn't apply to Randall Culler Jr., 29, of East Palestine, in the manner specified by the state. He was reclassified by the Ohio Attorney General as a Tier III sexual offender, meaning he would have to register his address every 90 days for the rest of his life and the community would have to be notified.
Tobin disagreed and said he should have been designated Tier I considering the facts of his case. He was convicted of sexual battery involving an adult female victim.
Besides Tier I and Tier III, there is the classification of Tier II, which requires an offender to register twice a year, every 180 days, for 25 years, with no community notification required.
In Columbiana County, there are 151 sex offenders listed on the Sheriff's Office Web site at www.colcountysheriff.com. Out of the 151 sex offenders, three are females.
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indalecio
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07-06-09 8:35 AM
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At least one judge in Ohio has the brains to see sb10 was bs. Truth about RSOs at oncefallen website
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Mtlhed
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07-06-09 6:29 AM
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Hey Wilds21, if you're referring to scumbags who rape young kids than I agree. The problem with this whole address reporting thing and being branded a sex offender for years if not the rest of their lives is that some of these so called offenders were boyfriends or girlfriends of a victim that was able, willing and usually only 1 or 2 years younger than the perp. In other words, no force. A crime? yea, maybe. Busted and therefore do the time? yea, maybe. Be be branded with a scarlett letter forever and be grouped together with baby rapists and pediphiles? I say no.
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PollyBaker
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07-05-09 9:35 PM
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Barbara Levine makes a good point in the Lansing State Journal [quote] Ironically, we are denying release to the least dangerous prisoners because we confuse the seriousness of past harm with the risk of a future crime. Substantial research shows that assaultive and sex offenders have very low recidivism rates. They rarely return to prison for new crimes against people. [/quote] We, as a society, are confusing the seriousness of past harm with the risk of a future crime(s) despite the fact that sex offenders have low recidivism rates. Not all sex crimes are against children, and we are treating them as such. We need to stop listening to the fear mongering of our politicians an other elected officials.
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PollyBaker
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07-05-09 9:27 PM
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Remember the words of Former Chief Circuit Judge Donald Lay too The denial of due process in parole revocation simply mirrors society's overall attitude of degradation and defilement of a convicted felon. It is sad 20th Century Commentary that society views the convicted felon as a social outcast. He has done wrong, so we rationalize and condone punishment in various forms. We express a desire for rehabilitation of the individual, while simultaneously we do everything to prevent it. Society cares little for the conditions which a prisoner must suffer while in prison, it cares even less for his future when he is released from prison. He is a marked man. We tell him to return to the norm of behavior, yet we brand him as virtually unemployable, he is required to live his normal activities severely restricted and we react with sickened wonder and disgust when he returns to a life of crime.
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PollyBaker
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07-05-09 9:25 PM
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We need to becareful of what we wish for. A website called copwatch**** is listing cops who commit crimes. Nearly 2,600 cops have committed a sex crime. Most seem to be pedophiles. Maybe this means that all cops are pedophiles, and should thus bu hung according to Wilds21. Alexander Hamilton once wrote: Nothing is more common than for a free people, in times of heat and violence, to gratify momentary passions, by letting into the government, principles and precedents which afterwards prove fatal to themselves. Of this kind is the doctrine of disqualification, disfranchisement and banishment by acts of legislature. The dangerous consequences of this power are manifest. If the legislature can disfranchise any number of citizens at pleasure by general descriptions, it may soon confine all the votes to a small number of partizans, and establish an aristocracy or an oligarchy..
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Wilds21
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07-05-09 8:45 PM
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how long is this country going to keep tolerating our children being preyed upon? Even some teachers are doing it now. Enough is enough. children are innocent and these beasts look to do these things to them? Enough is enough!
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Wilds21
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07-05-09 8:44 PM
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screw that hang em all!
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