Reply To: AWA Loses in Pennsylvania’s Highest Court

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Anonymous

@Cary
Thank you for that information!
So we now officially know that Dave Freed, the Cumberland County District Attorney and Communications Chair for the Pennsylvania District Attorneys Association that he is *quote* “pleased to report that just last week the Pennsylvania Supreme Court stayed the Muniz decision pending my filing of a Writ of Certiorari petition with the United States Supreme Court.” *end quote*

After reading the official article on the link your provided, it is very clear to me that this law enforcement public servant is on a personal vendetta against folks on a registry and will not rest until he can make himself more powerful and a household name by quoting manipulated (picked & chosen) & unrealistic statistics of recidivism and sharing his personal views and not the professional views of the State Constitution & laws he swore (supposedly) to uphold (& protect). I have copy & paste some excerpts from Dave Freed’s report Before the House Judiciary Committee on 9/12/2017

“One such study followed 9,691 male sex offenders released from prisons in 15 states in 1994 and found that nearly 4 out of every 10 returned to prison within 3 years.(1) Another study that spanned a twenty-five year period after release found that rapists and child molesters remained at risk to reoffend at least 15-20 years after discharge, and that the sexual recidivism arrest rate for rapists was 39% and the sexual recidivism arrest rate for child molesters was an even higher 52%.(2)”

“Equally significant is that any statistical attempts to measure the risk of new offenses greatly understate the true nature of the problem because the vast majority of sex crimes are never reported.”

“With regard to the Muniz case, I disagree with the ruling. In my view, SORNA’s requirements are neither punitive nor onerous. While SORNA places significant burdens on those required to register, the scope of these requirements do not, in my view, rise to the level of punishment. It is for that reason that I have filed a petition for Writ of Certiorari with the United States Supreme Court.”

“The Muniz case has the potential to affect every single sex offender convicted before December 20, 2012. It will then be up to the Pennsylvania State Police to determine whether they should remain on the registry and to litigate any attempts to remove those sex offenders from the registry.”

“With all that said, there is room for a legislative fix. The PDAA has already been working with Committee staff, and we recommend reenacting a version of Megan’s Law that was in place before SORNA took effect in 2012. This version should apply to those offenders to whom SORNA applied retroactively, meaning that their registration crimes were committed before December 20, 2012. Under this proposal, some offenders would ultimately come off the registry. But the numbers would pale in comparison to the possible 10,000 who could ultimately be removed from the registry should no legislative action be taken.” -end of excerpts-

Now we wait, again, on the SCOTUS and what other “adjustments” to SORNA legislators come up with in PA. *exhales heavily*