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Constitutionalfights Blogs to be Set to Archive Status

July 15, 2011 Comments off

NOTE:
Constitutionalfights blogs were set to Archive Status and our email address was inactivated on Sept. 22, 2010.

History:
Our blogs were actively updated for 32 months. We had well over 250,000 readers and published more than 1100 blog posts. Our sole and primary mission was to repeal the Ohio Adam Walsh Act (Senate Bill 10) and to defeat it’s unconstitutionally retroactive implementation. However, our mission to defeat the Ohio Adam Walsh legislation has been accomplished. Therefore, we ceased actively updating these blogs.

Emailing Constitutionalfights:

Our email account is no longer active. You may still try to email us, but we do not check this email account at any regular interval. If you do email us, there is virtually no chance of the message getting to me unless it has a relevant subject line. If your email does not have a relevant subject line, it will surely be lost in the junk mail folder.

Also, if you do try to email us, please do not ramble on about your personal situation and tell me how bad it is. I know how much damage these laws to in the lives of those who are forced to deal with them. Everyone seems to write me long stories about about how unfairly they have been treated and how bad they have it, but don’t do this because I wont read it. Frankly don’t really care about the specific facts of your case. But if you have a legitimate question, I may still catch it if I check the email account periodically. Why do you think I started Constitutionalfights ? The answer is: to fight against these laws, because they were unconstitutional. I already know how damaging they are to families and individuals.

Finally, search our blogs before you ask a question. Most answers are found on our blogs. Use the search box on each blog to find related posts. For example: I am constantly asked by readers about laws in other states, or whom they can contact in their state. We only focused on Ohio legislation. Therefore, we do not know the laws in your state, and we are not familiar with laws related to moving to or from Ohio. If you read the blogs, you will see a Links Page with an RSOL link where each state’s organizer can be contacted.

I am not a legal professional and therefore I cannot and will not offer legal advice. So don’t ask me for legal advice.


Victory in Ohio:
Now, on the heels of the June 3, 2010 Ohio Supreme Court ruling which invalidated the reclassification of ex offenders into more punitive registration requirements, we claim this victory in our mission. we claim this victory for The Constitution of the United States of America and the rule of law.

Continuing the Battles:
But this is just one battle in the war against onerous, unconstitutional and ineffective sex offender laws across this country. We have posted countless times on our blogs how these sex offender laws are unjust, unconstitutional and ineffective. Hundreds of thousands of ex offenders remain victims of these laws. But the task of spearheading the battles of these citizens will have to be taken by others. Someone must and will eventually step forward just as we did. If not, hundreds of thousands of citizens will continue to have their throats under the boots of legislators across this great nation. Desperate times call for desperate measures.

Decision:
I have mixed feelings about ending our active involvement in these fights. I have thought long and hard about it. But the truth of the matter is that everyone in battles such as these are in it for their own interests. I have experienced this many times throughout this 2-1/2 year fight. When an individual’s interests are satisfied, they leave the fight. We lost many of those soldiers throughout these last few years. Even those who were in the fight with us but who did not benefit by this particular court ruling have become dismissive of our work now that we have claimed victory.

Furthermore, very few of those who contacted us, or followed our blogs, actually took any action to join the fight. Sure, there were a few individuals who sent letters and emails or made calls, but these are just a tiny fraction of those who were affected by these laws. Most people took no real action or got actively involved. Most emails I received were complaining to me about their situation, or asking me to do something for them.

Accolades:
I would like to recognize those who did do wonderful and effective work; RSOL, Ohio RSOL, Margie Slagle of the Ohio Justice and Policy Institute, Amy Borror of the Ohio Public Defender Office,

We received only three donations in 32 months. We thank those individuals for their generosity and help. If you would like to contriubute, you can still send a donation here for all the work we have done over the past 2-1/2 years. But once again, this lack of help by others makes the decision to step away much easier.


It’s Not Over:
Even after this victory in Ohio, we continue to see good people trampled on by politically-correct sex offender legislation. These laws are destroying families across the United States. Many good people are caught up in these webs of public shaming created by our state and federal legislators of both parties. Children of ex offenders are ostracized and shamed. Parents are banned from being involved parents. And people are being shamed on public government web sites and banned from living in certain areas or visiting public places.

Of course, there are some real monsters out there. But only these sensational crime cases make the headline news. Most ex offenders are not a danger to society and simply made a terrible mistake. I know of no one in this world who hasn’t made mistakes, yet this is the only group of citizens we refuse to forgive, or allow to continue on living a normal life.

Sadly, the Federal Adam Walsh Act (AWA) remains alive, albeit on “life-support”. It has been crippled with various legal challenges and revisions. All those who are affected by this terrible legislation should continue to seek its ultimate repeal. An AWA Study Guide can be downloaded here.

Lawsuit Against Ohio:

If any reader is a legitimate legal professional who is willing to organize a class action lawsuit against the State of Ohio, in the wake of the Supreme Court rulings which found these laws to be a violation of our constitutional rights, please contact us (or Ohio RSOL). Because these laws were enforced for two years before being ruled unconstitutional, we believe we have standing to form a large class action lawsuit against the State of Ohio.

Logic and Facts:
If we are to have offender registries, they must be risk-based. Evidence must be given in a court of law to prove that an offender is a high risk. If this evidence cannot be made in court, an ex offender should not be on a sex offender registry.

Sex Offender Registries should not be public ! Registries of those truly dangerous should be available to law enforcement agents only. Over 90% of sex assaults are committed by an acquaintance of the victim. This “stranger danger” hysteria myth must be killed with factual data.

The widespread lies about sex offender recidivism must be defeated. Many research studies have been completed to determine actual sex offender recidivism. Their results almost always provide a recidivism rate range between 5 -15% .


Encouragement:
We urge all those who are still adversely affected by sex offender laws in this nation to become actively involved in the fight against them. Join and support the efforts of RSOL and your state RSOL affiliate. Write, email, call and meet with legislators, donate your time and money to the efforts of those actively fighting, create information blogs like ours, post responses to online articles, gather statistics and spread truth.

And so this blog is now set to Archive Mode. This means that we will no longer be updating it, but will retain its content for the world to read. We will also not be checking or responding to any emails after October 1, 2010. In addition to the above referenced reasons, this is partly due to the fact that too many people in the “network” too often abuse the “reply all” button without regard to whom they are sending emails.

Final Word:

“First they came for the Jews and I did not speak out because I was not a Jew.
Then they came for the Communists and I did not speak out because I was not a Communist.
Then they came for the trade unionists and I did not speak out because I was not a trade unionist.
Then they came for me and there was no one left to speak out for me. ”

Pastor Martin Niemöller (1892–1984)

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Fighting Ohio House Bill 77 – Reclassification of Sex Offenders

February 8, 2011 Comments off

This is a letter we sent today to the Ohio Representatives on the eve of the Criminal Justice Committee hearing of Wed, Feb 9th, 2011. We urge all readers to write, email and call the Representatives listed on the previous posting to strongly oppose this House Bill 77:

Representative:

I lead an organization named ConstitutionalFights which strongly opposes House Bill 77, introduced by Rep. Hackett. This bill will come before the House Criminal Justice Committee on Wed. Feb, 9, 2011.

HR 77 is the Legislature’s latest attempt to re-classify citizens who have a sex offense conviction in their past. We strongly urge you to oppose advancement of this bill.

The intent of HR 77 is very similar to that of Senate Bill 10, which was ruled as a constitutional violation on June 3, 2010 by the Ohio Supreme Court in Bodyke vs, Ohio ( R.C. Chapter 2950 — Sex offenders — R.C. 2950.031 and2950.032 violate separation of powers by requiring executive branch to reclassify sex offenders already classified by court order).

The difference with HR 77 is that it orders all affected citizens to appear in court for a second sex offender classification hearing.
This is an attempt to bypass the Separation of Powers violation.

But in the 2010 Ohio Supreme Court ruling, the challenges of Due Process, Double Jeopardy and Ex Post Facto violations were not
even addressed by the Court. Had these challenges been decided, they would certainly have resulted in similar nullification of the law.

HR 77 requires any citizen with a sex offense who had not matriculated off the sex offender registry by January 1, 2008 to appear before a Court for a second sex offender classification hearing. A majority of these individuals had fulfilled all requirements put upon them by the sex offender laws in place at the time of their conviction or plea. To haul them back into Court for a new classification hearing where a new set of registry requirements would be imposed is a violation of the Ohio and U.S. Constitutions. This bill violates the Due Process, Double Jeopardy and Ex Post Facto clauses of our Constitutional rights.

In addition to the constitutional violations of any law which attempts to retroactively reclassify offenders and to impose new and more stringent sex offender registry requirements, there are several other factors which our Legislature must consider when drafting sex offender legislation.

Firstly, there is no empirical or statistical data or evidence to support the contention that public sex offender registries have any
effect on recidivism or public safety. In fact, the only data correlating these two factors is in opposition to popular conception.
Publicly-accessible sex offender registries actually serve to isolate humiliate individuals to the point where they cannot build family and social support systems necessary to live productive and law-abiding lives. Along with residency restrictions, these public registries are no less than a Scarlet Letter which brands individuals, often
for a lifetime from normal social life and interaction.

Public sex offender registries do not prevent crimes. National media sensationalistic news reports of hideous sex offenses actually support this contention. In recent years, the highest profile news stories of sex offenses have involved men who were actively compliant registered sex offenders. These registries are simply a means for legislators to appear tough on sex crimes and an excuse for the public to feel better.
But the harm they do in the lives and families of tens of thousands of Ohio citizens caught up in the registry net is dramatic.

A popular myth is that sex offenders have a high recidivism rate. The statistical data proves this to be false. The U.S. Department of Justice statistics refute this myth. USDOJ data reports that “Recidivism Rates of Sexual Offenders (5.3% re-arrested, 3.3% of Child victimizers re-arrested)”
(http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1136)

The Ohio Department of Rehabilitation study, “Ten-Year Recidivism Follow-Up Of 1989 Sex Offender Releases”, concludes that the recidivism rate for child -victim sex offenders (outside family) for a new sex-related crime in Ohio is 8.7%. The recidivism rate for all sex offenders for a new sex-related crime in Ohio is 8.0%.
(http://www.drc.state.oh.us/web/Reports/Ten_Year_Recidivism.pdf)

Numerous other studies have reported similar data. I can provide official sources.

Finally, this is just morally unjust. Most of the individuals who would be affected by legislation such as HB 77 are those who made a terrible error in their lives many years ago (often times 10 -20 years ago).
They have been living law-abiding, productive lives in the years since they served their debt to society. All of us make mistakes in our lives, yet sex offenders are the only group to which we give no second chance. If the laws are in place at the time of conviction, we have no argument. But imposing new laws in order to recapture those who completed their obligations many years ago is simply immoral and wrong.

I could continue with supporting arguments but in an effort to be concise, I will conclude. I would welcome the opportunity to provide additional supporting information to the Committee members
for their consideration in these hearings. After the 2010 Ohio Supreme Court ruling (Bodyke vs, Ohio) which we fought for 3 years, we have extensive experience in studying sex offender laws, their effects, and the related empirical data within Ohio and throughout the nation.

We urge you to strongly oppose House Bill 77 and any future legislation which attempts to retroactively classify those who have long since satisfied all registration requirements of their offenses.

OH: House Trying to Retroactively Classify Past Offenders (Again)

February 7, 2011 Comments off

As we posted last week, The Ohio House of Representatives has proposed a new bill (HR 77)

If this bill passes, anyone who had not yet matriculated off of the sex offender registry by January 1, 2008 would be hauled back into court for a second sex offender classification hearing where a judge would instate a new sex offender classification. The result of this bill would be exactly what Senate Bill 10 did in 2008 (to reclassify those who should have graduated off of the registry and impose new registry requirements on them, often a life-long registration requirement).

HB 77 is to be debated in the House Criminal Justice Committee on Wed. Feb, 9, 2011 at 9 am. Everyone affected or concerned with this matter should attend this hearing at The Ohio Statehouse in Columbus Ohio. (update Feb 8: we are told by Rep. Slaby’s assistant that only sponsors will participate in this first hearing, and that opponents will not be permitted to participate).

The hearing is open to the public and opposing opinions are allowed. Just fill out the witness form when you enter the statehouse. If you have any written information for the record, you should submit it as well.

If we act proactively and if we have a large number of people attend this hearing, we can avoid a repeat of the 2-1/2 year debacle which we experienced with the implementation of Senate Bill 10 from Jan 2008 through June 2010 when it was finally ruled to be illegal.

We have a good chance to defeat this bill before it advances to a vote. But only if we have others willing to join in the fight, appear at the hearing and communicate your opposition to the bill.

In the meantime, readers should contact the bill’s sponsors and Committee members to clearly express their opposition to this House Bill 77, which would retroactively classify anyone with a sex offense who was not removed from the ESORN sex offender registry before January 1, 2008. This retroactive bill is a violation of the U.S. and Ohio Constitutions which expressly forbid any ex post facto law. It also violates constitutional rights of the Double Jeopardy clause of both Constitutions.

Bill Sponsors:

REPRESENTATIVES:
Hackett Garland Blessing Combs Grossman Hottinger Patmon

Bob D. Hackett, Representative
Phone: (614) 466-1470
Fax: (614) 719-6984
Email: district84@ohr.state.oh.us

Nancy J. Garland, Representative
Phone: (614) 644-6002
Fax: (614) 719-6959
Email: district20@ohr.state.oh.us

Louis W. Blessing, Jr., Speaker Pro Tempore
Phone: (614) 466-9091
Fax: (614) 719-3583
Email: district29@ohr.state.oh.us

Courtney Combs, Representative
Phone: (614) 644-6721
Fax: (614) 719-6954
Email: district54@ohr.state.oh.us

Cheryl L. Grossman, Assistant Majority Whip
Phone: (614) 466-9690
Fax: (614) 719-6962
Email: district23@ohr.state.oh.us

Jay Hottinger, Representative
Phone: (614) 466-1482
Fax: (614) 719-3971
Email: district71@ohr.state.oh.us

Bill Patmon, Representative
Phone: (614) 466-7954
Fax: (614) 719-0010
Email: district10@ohr.state.oh.us


Criminal Justice Committee:

Lynn Slaby R Chair
Phone: (614) 644-5085
Fax: (614) 719-6941
Email: district41@ohr.state.oh.us

Roland Winburn D Ranking Minority Member
Phone: (614) 466-2960
Fax: (614) 719-6940
Email: district40@ohr.state.oh.us

Bill Hayes R Vice Chair
Phone: (614) 466-2500
Fax: (614) 719-6991
Email: district91@ohr.state.oh.us

Nancy J. Garland D
Phone: (614) 644-6002
Fax: (614) 719-6959
Email: district20@ohr.state.oh.us

Louis W. Blessing, Jr. R
Phone: (614) 466-9091
Fax: (614) 719-3583
Email: district29@ohr.state.oh.us

Connie Pillich D
Phone: (614) 466-8120
Fax: (614) 719-3582
Email: district28@ohr.state.oh.us

Danny R. Bubp R
Phone: (614) 644-6034
Fax: (614) 719-6988
Email: district88@ohr.state.oh.us

W. Carlton Weddington D
Phone: (614) 466-5343
Fax: (614) 719-3581
Email: district27@ohr.state.oh.us

William P. Coley, II R
Phone: (614) 466-8550
Fax: (614) 719-6955
Email: district55@ohr.state.oh.us

Sandra Williams D
Phone: (614) 466-1414
Fax: (614) 719-0011
Email: district11@ohr.state.oh.us

Joseph W. Uecker R
Phone: (614) 466-8134
Fax: (614) 719-3966
Email: district66@ohr.state.oh.us

Ron Young R Member
Phone: (614) 644-6074
Fax: (614) 719-3963
Email: district63@ohr.state.oh.us

Reclassification Updates

August 18, 2010 Comments off

Update Reports from Readers About Re-Classifications:

We have created this new page on our blogs where we will post updates from readers who are monitoring whether their re-classifications were updated or not (most recent comments are at bottom of page).

If you have contacted the Ohio AG, your County Sheriff, or other state authorities and have valuable information to share with other readers, send an email to us here.

If you have seen your registration updated (re-classified or removed), let us know, as well:

On-going, updated total number of offenders on ESORN site
(Thanks to Kevin from ARC Talk Radio):
As of 6-06-2010- Total Number of Offenders: 19,361
As of 6-16-2010- Total Number of Offenders: 19,298
As of 6-21-2010- Total Number of Offenders: 19,206
As of 6-28-2010- Total Number of Offenders: 18,964
As of 7-05-2010- Total Number of Offenders: 18,723
As of 7-12-2010- Total Number of Offenders: 18,617
As of 7-21-2010- Total Number of Offenders: 18,529
As of 7-27-2010- Total Number of Offenders: 18,442
As of 8-02-2010- Total Number of Offenders: 18,392
As of 8-12-2010- Total Number of Offenders: 18,301
As of 8-17-2010- Total Number of Offenders: 18,290
As of 8-23-2010- Total Number of Offenders: 18,275
As of 8-30-2010- Total Number of Offenders: 18,240
As of 9-10-2010- Total Number of Offenders: 18,182
As of 9-13-2010- Total Number of Offenders: 18,176

We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. Keep in mind that people are forced onto this corrupt registry every day, as well. But still, we have seen only about 1000 people removed in three months.
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It is now June 15, and I am still on the registry. My registration should have ended on July 21, 2007 –D. from Licking County.
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Margie Slagle said someone in Clermont county was taken off as well. – Mary
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I have been following your website for months now regarding the AWA, and love your website it keeps me up to date on the latest news with senate bill 10 and the Ohio Supreme Courts decision on June 3,2010. It has helped my husband Ken to keep informed on the latest, because it directly involves him. He was convicted in 2005, and released in 2006 and was put on esorn to register yearly for 10 years then AWA added another 15 years to his regisration requirement, he petitioned his reclass through Butler County Courts within the grace period in 2008, and was ordered a “stay order” by the judge until the Supreme Court’s decision on senate bill 10. Ken heard the news June 3 on your website and was very happy about the decision. We have contacted the Butler County Sheriff office and Deputy Jacobs who handles esorn registration requirements and was told that the AG held a conference with their department to make changes to select registrants, yesterday Ken received a court hearing notice by the Butler County Court office for a reclassification hearing to be held on July 14, 2010. He was told that he did not have to be at the hearing, and that a notice would be sent within 30 days after the hearing on what the judge will be sending to the butler sheriff office to have his esorn changed to his orininal classification. I am not sure this is how every court is handling the reclassification, but in my husbands case it is. His records can be seen online at butler county court record info website for Butler County in ohio. – P. from Butler County.
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It seems to me an offender who has a judicial order in hand and can show they did all their registration in one county should be able to walk into their sheriff’s sex offender dept and have their registration removed or modified. Depends on whether or not that sheriff’s dept has its own database or relies on the AGs database. An interesting thing is that my boyfriend’s picture is different on the AG site than on the Hamilton county site. Has been pretty much all along. Hamilton county modifies the picture after each registration. Somehow that picture is not uploaded to Esorn. – Mary from Hamilton County.
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No, I have not been removed. I was originally due to be done with reporting Jan,2009 and had 5 years added after the AWA. I was informed by my lawyer on the day of the ruling that since it reverts back to the old law that I should be done completely with this. –
Doug from Cincinnati
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I am still improperly listed as a tier 2 offender, my first register was July 2000, I was a level 1, sexual oriented offender, this makes over 10 years I have registered, I should be removed from the list. – Jeff from Columbus
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I’ve checked to see if my classification has been updated on a daily basis & hadn’t seen a change in the registration. My profile is still there. It’s the same on the Clerk of Courts document since the Courts last stated that, my case has been put on hold until the Supreme Courts decision come down to change the docket. – Sonny
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If some people have been removed, I want to know how that happened. Please share what measures were taken, if any, to get you out of the registry. I am almost 1.5 years past my 10 year requirement, and waiting for the Public Defender in my SB10 delayed appeal to get a judicial order, or waiting for the AG to do their job. I believe a writ of mandamus could be filed to order the agencies responsible to remove you, or change your status, to do so. But everyone just seems to want to sit back and “be patient”. Do that, I feel a little like the sheep on its way to slaughter, because I know the conniving nature of the legislature. – Chris
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I am still on the esorn and my county website, nothing has changed. My lawyer suggested I go to the sheriffs office and see if they could speed up the process, I think its a waste of time and sent several emails to the att gen office and the Franklin County Ohio Sheriffs office, no response as of yet.
Posted by jeff
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Hello, I checked the registry & they have taken my name off the registry today, Friday, June 18, 2010. I’ve been calling & checking, so it’s gone. I am interested in know just how “gone” is the registry with regards to city, county, state & federal government? Your answer would be appreciated. Thanks very much to Constitutionalfights.org.
If you are need of support & possibly help. I’m here. Thanks again!!
Posted by Sonny

Sonny, we need to continue to keep the pressure on the AG. I agree with you: just because a name is removed from the registry does not mean it is gone for good. We need to keep the pressure on them until we have letters for documented proof! – CF.org
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I just checked and my name is no longer on the list. I’m curious to know what this means as far as me moving to another state. I recently checked into working and or moving to Indiana from Ohio and was told even though under Indiana law I had no obligation to register I would be in violation of federal AWA laws and nobody has been able to tell me how I can work or live in Indiana without breaking federal laws I even went to the federal prosecutors office. They sent me back to the county sheriff’s office. Who’s only advice was to stay in Ohio. They said possibly I could volunteer and sign a waiver and be on the list in Indiana, but they said (the detectives) they wanted to ask the state attorney told me to call back in a week or two. And now I’m no longer on Ohio’s list so where does that leave me now? Thanks DJ in NWOhio
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I checked the national sex offender database and my name and location is still listed but when you click on it it goes to the esorn list and says not for public record. i have emailed them and ask them to remove my name completely from thier search list. Thank You. Jeffrey from Columbus
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Just wanted to advise that as of this morning (6/23/2010) I have now received a letter from the Ohio AG office stating that my offender registration duties have now expired and I have now have NO duty to register within the state of Ohio. The letter is addressed from Mr Steven Raubenolt, Deputy Superintendent of BCI&I. – Jeff
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I am new to your web site. I wish I had known about it earlier. After much reading, I called the Montgomery County Sheriff’s Office and spoke to Sgt.Julie Stephens the administrator of Montgomery County’s eSORN office. I told her my name and that I was a registered offender that had been reclassified under the Adam Walsh Act. I asked her what the recent court decision meant for my classification responsibilities. I was informed that I should receive a letter from the Attorney General in about two months stating that I would only be required to register once a year as I had previously done. I was also informed that there were no restrictions on where I live as my June 2000 conviction date preceded the 2003 (Megan’s Law?) law that required 1000 feet from a school and the 2007 law that required the same distance from day-care facilities. The eSORN database entry has not been changed as of this writing but I did just call an hour ago. I will keep you updated – Pat
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Montgomery County Sheriff’s office called this morning and informed me that I was required to register by today. I informed him that I was a bit surprised (though I was not) that I still needed to come register seeing as the law has been changed, to which he replied “It hasn’t been changed yet.”

Upon arriving at the office to register, I read the sign that they had posted in the window. I cannot quote it, but it basically was informing people that they were aware of the voiding of the AWA. It went on to say that while they were aware of it, the sheriff’s could not do any re-classifications – that was up to the Attorney General’s office. It also briefly explained how if you were previously a sexually oriented offender, what your new registration duties would be once an individual was reclassified.

Furthermore, when I went to Warren county for the secondary registration (I’m employed there), the person made a point to tell me that I would be receiving a letter from the AG’s office and what my new requirements would be. So while the sheriff’s offices are quite aware the law has been stricken, they are still fully enforcing it. – Jon
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Regarding Franklin County, I checked the eSORN website and I’m no longer on “The List”. In fact a lot of RSO’s in my low rent area are no longer showing on the list. There were about 10 of us, now there’s 4. Please note, I haven’t received any mail from the AG relieving me from registering. – Jay
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I have now been removed from the registry after a very polite letter to the assistant attorney general. My thought is that they have no easy way to sort out those that are to fall off the registry from those that will be required to continue to register under Megan’s Law. This was my only attempt to contact them after first contacting the AG office immediately after the ruling. I believe that this did help hurry my removal, and would recommend simply providing them with the county you were sentenced, when you were sentenced, the case number, the county you are living in now, your current Tier level, and your esorn ID # (found on your registration printout). Be cordial and keep the information clearly presented and you may be helping to speed up your removal. Note that I sent this e-mail about 2 days ago and saw the response today. If this e-mail is posted on constitutionalfights.org, it may create a larger volume of emails going to Mr. Hykes, so it may take longer in your case. I can only speculate that if I had sent repeated e-mails after not getting an immediate response, the delete button may have been pressed and I’d still be waiting. My advice is to send one polite e-mail and wait as patiently as you can. If he starts getting 500 to 1000 e-mails a day, many duplicate, he may just end up setting up a filter to reply with a canned response and let the team reviewing the files get to it when they can. – Tom
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Following Tom’s recommendation I in turn sent a brief letter to Assistant Attorney General Justin Hykes, during the early morning hours on June 29th, and shortly after I went to bed (I work late). When I woke up at around 2:30pm, this very same day, the first thing I did was to check both the County and the State websites and I am no longer finding my name listed on either one.

My letter basically stated that I was recently made aware of State vs Bodyke and that I began looking into it to see how it would affect me. I also pointed out that I had learned that it might take some time to filter through the large database of offenders to figure out who all would be affected, and that another person (Tom) had recommended sending a short email. Base on Tom’s recommendation I supplied the following information in my email:

Name, Case Number , Date Sentenced, County Sentenced, e-SORN ID Number:, Pre-AWA Classification,Post-AWA Classification, Current County of Residence

I am still waiting for my letter from the Attorney General. I would like to thank Tom for his suggestions. Had he not posted them I would probably still be sitting here anxiously checking the websites every couple of hours, day after day. – Another Tom
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FREE AT LAST!!! I received a letter today from the Ohio AG relieving me of my duty to register. I know the fight is not over. Former sex offenders are being oppressed not only in Ohio, but from coast to coast. I encourage all those who have benefited from this most recent battle to stay in the war and help other RSO’s still struggling to lead better lives. – Jay
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I just wanted to let you know that I received my letter from the AG today as Justin Hykes had promised in his e-mail response this time last week. – Thomas
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Your blog has been a wonderful resource for the past 2 1/2 years. Thank you so much for all the information. Who could ever have guessed that this would come out in favor of my family member and all the other registrants whose rights were violated by the Adam Walsh Law of 2007!! I am thrilled as I am sure you are also. Can’t thank you enough. – A family member of a soon to be off the list non-dangerous registrant.
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I was surprised to receive an email response from Justin Hykes this morning telling me that I would be reclassified back to my original court ordered classification and that the sheriff would be notified this afternoon. True to his word, my classification on the ESORN website and the sheriff’s website have been updated. It took persistence, but it definitely paid off. Thank you so much for all your help and information! You have been great!! – Q
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I have been visiting your blog daily for months, especially since the Bodyke decision came down. Thank u for all of your hard work and diligence.

I was a sexually oriented offender in Ohio who was reclassified to tier II. The day of the decision, I was informed by the APA that my post release control was also terminated… At my registration yesterday, I showed the sheriff my termination from APA and they immediately changed my supervision to “released” on the website (something I think could be important in the event of a traffic stop or a visit). I asked about the reclassification and was told that it will be months before I should expect my letter.

I emailed ohleg support with all of the information they need to make the change: name, drc #, esorn #, case #, court name, and date that I was adjudicated SOO by the court from the journal entry. I was very professional, explained that I understood that they were re-classing Predators and Habituals first and politely asked for a time frame that I could expect the SOO’s to be finished.

In the closing paragraph, I explained that i had provided all the information that they would need to re-class me and asked them to expedite my reclassification so I can move back to PA. without the 25 yr registration hanging over my head.

Today, i received an email saying that it was done and I should expect my letter next week and the website has been updated with the reclassification.

It seems that the AG does not mind having the offender do the legwork of finding all the information for them…If an offender has all of the paperwork, I suggest that they wrap it up in a neat little, polite email, send it off and help them do their job.
It took them less than 1 business day. – N.D.
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I just wanted to write you and inform you of my fight in Ohio. I have hired an attorney to help me with this, and here is my story:

I was convected in Aug, 1999 of a sex related charge in FEDERAL court. When I was released pending my sentencing, I was told by the probation / pre-trial that I had to register. I was never charged in state court! and never given a hearing to classify me. My probation office decided that for me. (nice of her). I was classified as an oriented offender (lowest level). Now forward to today. I was about to be removed from the registry (3 months to go) and here comes the Adam Walsh Act. Now I have 5 more years to do. Now that the Supreme Court of Ohio (bless them)
has moved it back to 10 years, I should be off the registry. I can get no answer from anyone is the Sheriff’s office nor from the prosecutors office. I decided to hire a lawyer to fight for me. He is now in the process of fighting to have me removed as I write. I will keep you informed as this turns out. – Scott
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Still waiting for them to update my file they still have me as a tier
3 . When are they going to fix this? I also have people
working on this. –Robert
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It is bittersweet to read your announcement today about closing the blog. It has given me so much hope over the past 2-3 years. But of course the very wonderful part is that (barring any State of OH AG mess-ups) it means the fight is over and those of us affected, registrants as much as close family members, have, at last, won our constitutional rights. Thank you so much! All the best to you. –JMC
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My name is Paul xxxx and I was just returned to my previous classification by Justin Hykes today! I am once again A sexually oriented offender. My question is do you think I could file a lawsuit to remove me completely? I was originally supposed to register once a year until 2013 but since 2008 I’ve registered 3 times a year. My thoughts are I was supposed to register 10 times. I’ve registered 9 times in three years alone. What do you think my chances are? –Paul

Paul,
If you’re asking to sue to remove your felony record, the only way you can do that (as far as we know as non-legal professionals) is this: In Ohio, your first felony can be expunged from your record. You must file for this through the state. It is not guaranteed, but possible.

If you are asking if you can sue because you were forced to register illegally, I do encourage you to do so. We will be posting on this topic soon. The State of Ohio illegally required thousands of people do register illegally and should be sued. –CF.org
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I recently recieved a letter from the OH atty Gen. office telling me that my requirements have expired and that I am no longer required to register as a sex offender in the state of Ohio – GR
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For what it’s worth, I just received a letter from Richard Cordray, Ohio Attorney General indicating that my Sex Offender Registration Re-classification has been rescinded that reverts my registration requirement back to a one-year report requirement as per the original plea bargain agreement. – Glenn
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Got a call from the A.G.s office..I have been reclassed. No letter yet. Thanks, hope more people get helped as I have.!! – Brian
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Categories:

UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling

July 23, 2010 Comments off

UPDATES, Friday, July 23 : Failure of the Ohio Attorney General Office to Abide by Supreme Court Ruling, which invalidated Ohio’s Senate Bill 10 Adam Walsh Act Re-classification system.

We have been monitoring the ESORN web site since the Bodyke decision on June 3rd. Here is our weekly tracking of the ESORN website numbers.

As of 6-06-2010- Total Number of Offenders: 19,361
As of 6-16-2010- Total Number of Offenders: 19,298
As of 6-21-2010- Total Number of Offenders: 19,206
As of 6-28-2010- Total Number of Offenders: 18,964
As of 7-05-2010- Total Number of Offenders: 18,723
As of 7-12-2010- Total Number of Offenders: 18,617
As of 7-21-2010- Total Number of Offenders: 18,529
As of 7-23-2010- Total Number of Offenders: 18,493

In just over 7 weeks, the Ohio AG office has removed fewer than 900 registrants from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. But keep in mind that people are forced onto this corrupt registry every day, as well. So the number removed is probably above 900.

The AG office has refused to answer or return our calls. They have now blacklisted Constitutionalfights. And they have told us so, very directly and rudely. So we must rely on you, the readers, to help do the job of holding them accountable.

Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !

We are hearing from some (not many) readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !

Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021

Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515

Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov

OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov

Media Contacts:

Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127

We are also now actively seeking advice from any legal professionals who read these blogs, regarding potential legal action against the Ohio Attorney General Office for their failure to abide by this Ohio Supreme Court ruling. Please contact us at constitutionalfights@yahoo.com with any advice or willingness to help. Thank you.

UPDATES, Friday, July 9 : New Info from Ohio Public Defender

July 9, 2010 Comments off

From our contact at the Ohio Public Defender Office:

Someone in our SB 10 litigation group was able to get some information from the AG’s office today. Here’s the excerpt from that email:

The AG’s office has reclassified all of the Predators and are now working on the Habitual Offenders (those whose original classifications were either Predator or Habitual before Senate Bill 10). They are reclassifying those two groups first because all of those people clearly have a prior judicial registration order (the court order given near time of conviction which originally classified the offender). The Bodyke decision requires that these original court orders shall now go back into effect.

For the originally-classified Sexually Oriented Offenders, they are pulling the final court order to confirm there was a hearing and reclassifying them.

Out of state offenders will not be changed pending the Motion for Clarification, and neither will anyone without a court order.

They believe approximately 2300 offenders will be released from the sex offender registry. They are checking each one individually to make certain there were no tolling events. They are then notifying the Local Sheriff’s Office of whom should be removed from the registry. Notices will be sent to all but the Predators.

They also believe that all the other provisions of SB 10 still apply to the reclassified offenders.

They are reclassifying people whose original classifications (before SB 10) were either Predator or Habitual, because all of those people clearly have a prior judicial order. If you were originally classified as a Sexually Oriented Offender, you probably won’t be getting an official letter from the AG until they start reclassifying people who were originally SOO’s. And, it looks like they’ll only reclassify SOO’s who have a prior court order labeling them as such. (If you’ve seen the Motion for Clarification that the AG filed last month, they’re unsure of how to classify people who don’t have prior court orders.)

Note: Attorneys for Bodyke have filed a Motion in Opposition to the AG’s Motion for Clarification, which was filed immediately after the decision by the Ohio Attorney General office. We said at the time that this was a stalling tactic by the AG to buy time. Let us hope the Ohio Supreme Court quickly denies the AG motion.

UPDATES, Tuesday, July 6 : Arrogant Ohio Attorney General Office

July 6, 2010 Comments off

We have experienced increasing snotty , arrogant attitudes from the Ohio Attorney General office employees.

Remember that these people are public servants, which means that they work for YOU and me. This attitude they are displaying is totally unacceptable for State Public Servants to demonstrate to the people who pay their salaries.

Do not allow them to intimidate , interrupt or act arrogantly towards you on the phone.
Fight back.

Today, we received an e-fax number for Assistant Attorney General Justin Hykes, who now refuses to return our calls. I encourage all readers ( even those who have received their reclassification letters) to call , email and fax him daily to ask why the AG office has been so slow to act on the Ohio Supreme Court ruling of June 3, 2010. Even those of you who have received your reclassification letters can help others who are still waiting. We are all in this fight together and need to help each other.

Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021

Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515

Both of these two Help Center lackeys have been exceptionally snotty and arrogant on the phone.

From the Ohio AG website:
“We know about state government and the resources that are available to help Ohioans. We help people navigate those resources. And at the end of the day, it’s a good feeling to know you’ve helped someone with a problem.”

Paula Armentrout
Help Center supervisor

Constituent Services Section


I guess she lost her affection for helping citizens.

It has now been over a month since the Supreme Court decision which overturned sex offender reclassifications by Ohio Senate Bill 10, and we have seen only about 600 registrants removed. At this rate of approximately 150 removals per week, the reclassification process will take 10 years !

It is time to stop being nice about this. Contact the Ohio AG office daily to ask why they are not acting in a timely manner to reclassify registrants. Insist they get the reclassification letters sent out immediately. Ask when they will devote more resources to this job and when it will be completed. Only when we keep pressure on these corrupt public servants will we see any real substantive progress.

Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov

OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov

Media Contacts:

Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127

The only good part of the snotty attitude of these people is that through it, we see that the pressure is starting to work. We must all continue to keep the pressure on these public servants.

The more pressure we can keep on them, the faster these reclassifications will be completed.

Contact them daily !

A Readers’ Email

June 25, 2010 Comments off

This keeps things in perspective:

“I am one of the few offenders, whose original Megan’s Law status “Predator with Community Notification” (based on three GSI’s with minors), had actually been lowered to “Tier-2 Level with No Community Notification” by the Adam Walsh Act. Even though the reclassification law was ruled unconstitutional by the Ohio Supreme Court, Senate Bill 10/AWA had actually benefited me. However, I am glad that it was ruled unconstitutional for all of the other offenders’ sake and for our constitutional rights’ sake.

I had served nearly 6 years in prison (Jan. 17th, 2003- Nov. 26th, 2008). While in prison I received news from the Ohio Attorney General’s Office that my status had been lowered. When I had gotten released, I went to the Lorain County Sheriff and started my twice annually reporting with “No” community notification (every June and December). I have been completely compliant with all reporting and restrictions. When I went to the sheriff’s office for my June reporting (June 9th, 2010) they said they couldn’t register me that day because (unbeknownst) to me, the retroactivity portion of the AWA had been ruled unconstitutional by the Ohio Supreme Court. They said they would call me once they got confirmation from the Ohio Attorney General’s Office and the local Lorain County Prosecutor’s office to look into my court file to see what the judge had deemed me under Megan’s Law. They called me on June 12th to let me know that I was being reclassified to “Predator Status with Community Notification” and that I had to come back and register so that “post cards” could be sent out (1000 feet around my address) after the sheriffs verify my address and that I will have to report every 90 days for life. I have lived in the same place since I was released from prison (a little room above a bar with no kitchen, with 3 neighbors in the other rooms above the bar; we share one bathroom). At least under the Megan’s Law, I can ask my judge for a reclassification hearing!

I have contacted an attorney. I have completed my sex offense counseling and have been deemed “least likely to re-offend” by my counselor and the Static 99 Test. I have stayed trouble-free this whole time, but have not been able to get hired by any employers. I fortunately receive help from my sister and food stamps. I used to make over $40k a year. As you can see here, the Ohio Attorney General’s Office doesn’t drag their feet when it comes to “raising” somebody’s status.

Unfortunately, all of us sex offenders (even us who have served our time) keep getting kicked in the head like a dog. Thank you for your relentless fighting and determination to keep us from losing all of our constitutional rights. I am a 4-year honorably-discharged US Navy veteran (1981-1985) and almost all I have left in this life are some constitutional rights. Enough is Enough.”

-from Roy

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Ohio Attorney General Files Motion for Clarification

June 15, 2010 Comments off

The Ohio Attorney General Filed yesterday a Motion for Reconsideration in the Ohio Supreme Court in response to the Bodyke vs, Ohio decision of June 3, 2010.

JOINT MOTION FOR RECONSIDERATION AND/OR CLARIFICATION BY
APPELLEE STATE OF OHIO AND AMICUS CURIAE OHIO ATTORNEY GENERAL
RICHARD CORDRAY (view PDF file)

INTRODUCTION
In accordance with Supreme Court Practice Rules 11.2 and 14.4, the State of Ohio and the Ohio Attorney General respectfully move this Court for clarification of its June 3; 2010 decision in State v. Bodyke, 2010 Ohio Lexis 1271, 2010-Ohio-2424.

Neither the State nor the Attorney General is asking the Court to reverse its holding that two provisions in the Ohio Adam Walsh Act (“the Walsh Act”), which required the Attorney General to reclassify sex offenders who had been judicially classified under the old Megan’s Law, violate the separation-of-powers doctrine. Id. at ¶¶ 60-61. Rather, the State and the Attorney General seek clarification of the Court’s remedy-specifically, whether the Court facially invalidated R.C. 2950.031 and R.C. 2950.032, and thereby struck the provisions entirely, or whether the Court only invalidated those provisions as applied to sex offenders who had been judicially classified under Megan’s Law.

The Attorney General’s Office is moving quickly (No, they are not) to update the State’s sex-offender registry (e-SORN) to comply with the Bodyke decision. For offenders who received Megan’s Law classifications by court order before the effective date of the Walsh Act, the Office will update e-SORN to reflect the original Megan’s Law classifications and notify these offenders of the reclassification (When? ). Absent clarification from this Court, however, the Attorney General does not know what classifications to input for a significant segment of sex offenders who did not receive a Megan’s Law classification by court order.

All parties-the State and the offenders themselves-will benefit from clarification. Such a pronouncement will ensure that the Attorney General, the county prosecutors, and the county sheriffs properly implement the Court’s directive; it will provide clear notice to individual offenders as to which framework-Megan’s Law or the Walsh Act-applies to them; and it will accord the Bodyke decision the finality this Court intended.

I am told by the Ohio Public Defender’s office that this request for clarification is with regard to those who went to prison before Megan’s Law was effective (so, before July 1, 1997) and were released after Senate Bill 10 went into effect (so, after July 1, 2007). Those people would never have been classified under Megan’s Law, so they didn’t have a prior judicial order classifying them under the Megan’s Law, risk-based system. Since the language in Bodyke talks about prior judicial orders, the AG’s office is asking the Court to clarify how the Bodyke decision should affect this group of people.

To understand this motion, know the following sub-groups discussed in this motion (pages 6-8):

Group A: “Offenders who were sentenced between July 1, 1997 and July 1, 2007. Bodyke unquestionably applies to this first class of offenders. These individuals received a Megan’s Law classification “by court order,” and had their status under Megan’s
Law “adjudicated by a court and made the subject of a final order.” Under Bodyke, this group of offenders may not be reclassified under the Walsh Act. Rather, their Megan’s Law classifications remain in effect.”

Group B: “Offenders who were incarcerated before July 1, 1997, and who were released
before July 1, 2007. These individuals may not have received a formal order from a court specifying their Megan’s Law classification.”

Group C: “C. Offenders who were incarcerated before July 1, 1997, and who were released after July 1, 2007. These are offenders who were incarcerated before July 1, 1997 and therefore did not receive a Megan’s Law classification at the time of sentencing”

UPDATES, Monday June 14 : Ohio Esorn and Ohio Public Defender

June 14, 2010 Comments off

ConstitutionalFights.org spoke to our source at the office of the Ohio Public Defender regarding ESORN and County Sheriff Departments in their refusal to comply with the Ohio Supreme Court ruling (Bodyke vs. Ohio).

Conference Call
Our contact person at the Ohio Public Defender (OPD’s) office told us that there was a conference call held on the day after the Court ruling (Friday, June 4, 2010) with the Attorney General (AG’s) Office and the Ohio Justice Policy Institute (OJPI). During that conference call, the AG office was asked when the updates would be make to come into compliance with the Court ruling. The AG office said that they were trying to create a software program to change the classification of all 26,000 invalidated registrants back to their previous classifications collectively, rather than changing each person individually. The AG suggested that this would be done within a week’s time. One week later, our OPD source called the AG office to ask if this had been completed. The AG office asked for another week. So our OPD source will contact the AG office once again on Friday, June 18. The fact remains that the Ohio AG office has had over two weeks to make some progress on updating the ESORN sex offender registry to comply with the Ohio Supreme Court decision and has failed to do so. ConstitutionalFights.org has spoken to two computer IT professionals (one of whom does contract work for the US Department of Defense). Both of these IT professionals told us the same thing; that this simple database change could be completed in one hour.

AG Ordering Sheriffs Not to Act
We also learned today that there is some suspicion that the AG office has ordered local County Sheriff Departments to NOT change any registrants classification at this time. This has not been validated but we do have some reason to believe this may be happening. We were told today that although ESORN falls under the organization of the Ohio AG Office, each County Sheriff Department is responsible for updating and correcting all sex offender registry data. We did not know that the AG has no direct responsiblitiy to update the registry data. But this fact does not dissolve them from responsibility in their failure to direct the County Sheriff Departments to make these updates.

Legal Options
The OPD has considered some options of what they might pursue if the AG Office does not properly act to comply with the Court order. One option is to bring some sort of “contempt of court” litigation unto the AG Office. We have also heard from others that some sort of “judicial order” might be sought if the AG Office refuses to comply in a timely manner. This litigation would be taken only after some time has passed, however, as a judge would likely allow the AG office at least 30-60 days to comply. Judges would not understand that this simple database update could be done in an hour’s time, unless we can bring in a computer professional to testify to this fact. Any IT professionals who might be interested in testifying in such a matter, are asked to contact us here.

FAQ and Guidelines
We are still awaiting information about when and if the “FAQ and Guidelines” have been sent from the AG Office to the County Sheriff Departments. We were told by Steve Brown’s office ( at Ohio AG ) that these “FAQ and Guidelines” were being drafted last Monday and would be sent soon. That was a week ago. To our knowledge, these documents have still not been sent to the County Sheriff Departments. We have also been told for the past two weeks that letters would be sent from the AG Office to each of the 26,000 reclassified registrants who were affected by the Supreme Court decision. Those letters have not been sent two weeks after the decision came down.

More Challenges on Senate Bill 10
Finally, we talked about the remaining cases which are still pending before the Ohio Supreme Court. Two of the three are juvenile cases and the Chojnacki case deals with reclassification hearings (whether they are criminal or civil). But since the Bodyke case invalidated reclassification, there is little likely to come out of this decision. Since the Supreme Court refused to rule on the Ex Post Facto and other challenges in the Bodyke case, these issues may be brought back up to the Court in other cases. One group of registrants who have not gotten much attention are those who were convicted and given classification hearings between the time Ohio Senate Bill 10 passed the Ohio Legislature ( June 2007) and when Senate Bill 10 was enacted (Jan 2008). Those cases will likely go to the Ohio Supreme Court, as well. So there are new challenges to Ohio Senate Bill 10 in the pipeline.

Please tell us if you see updates
We need to hear from you. If you are directly affected by this Bodyke decision, please check to see if you are still listed here on the ESORN page. We need to hear from you. Please drop us a short email telling us if you 1.) are still improperly listed 2.) have been removed properly, or 3.) have seen your classification changed back properly. Or just send your answer in the Poll at the top right sidebar of this page.

Please email us so we can know how many are seeing their status updated:
ConstitutionalFights@yahoo.com

If you have not seen your status updated, please continue to contact the Ohio AG Offices daily at:

Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515 ….. or….. 1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Call Justin Hykes Assistant Attorney General directly at:
614-387-4257

Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov


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