Reply To: SCOTUS Denies to Hear Muniz

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Chuck

Jim,
They added 1952 to 631. They didn’t add 1952 to 631 until the last hearing on 1952. Some have speculated they added the 2 bills together as a backdoor way of not voting for 1952 in the sense the Pa Supreme Court will find the bills violate Article 1 Section 1 of the Pa Supreme Court. In other words, they get props from the average voter for passing the bill, but they know ultimately the Court will strike it down.

There is no way in hell the PSP is going to remove anyone whose time isn’t finished on their own. It is going to take a judge (hey you must let Mr. X free) or the Attorney General saying “due to recent court decisions and Assembly action, they are free to go”. That is just the political reality of it. I am sorry we are all are hurting. Some more than others. For example, those who should not have been put on the registry in the first place, and those who have finished their original sentences.
There are people who agree with us, and they will mount a legal challenge to the new law when it is signed and goes into effect. Until then, PSP can’t do a thing with them. Imagine the uproar from our community if just one person who was removed due to Muniz was forced to go back on!!! PSP has learned their lesson that they cannot increase your original sentence. However, Pa is sure going to make you serve every second of every day if they can.
Until we are 100% sure how the PSP is going to interpret 1952/631 there is nothing to fight. I know t hurts guys, but we have to lean on each other. Jim, I am sorry you have lost job opportunities due to the registry. So have I. It hurts. It made me cry like a little baby. It is hard to heal when you have to deal with the registry every time you open your wallet. I feel your pain. I promise you it will be ok. It might take some time, but it will be ok.
If hiring an attorney makes you feel better, then you should do so. However, you should walk in with your eyes wide open and realize it may be a waste of time and money. If money was no object for me, I would have Lea and her co-workers BUSY!!! I am just saying be wise with your finances.
If anyone feels like they can’t carry the burden the registry puts on them, reach out. Tell someone you are hurting.
Think about this. You go to court and ask the judge to remove you. The Attorney General’s office concedes that under Muniz you do relief. However, The AG’s office says, this new law says we can keep you anyway. Until the Pa Supreme Court says “No you can’t” what are you or your lawyer going to say? Until Muniz, each and every time the registry was challenged the courts have said the registry is a civil scheme and thus immune to any ex-post facto challenge.
Until the Attorney General or a Judge says “you are free” we are stuck. Those of us having time from our orginal sentence remaining and the registry was included in our plea deals. The day I took my plea, I cried like a baby. They told me you can plead to 1 count and move onto the registry, or we will it you with several counts and bury you in prison. I knew I didn’t commit a crime, but I had to deal with reality: No one was going to believe me. Man, did I cry. That was the hardest thing I ever had to do. That was 8 years ago. Seems like a million years ago. Took me some time to comes to terms that I am labeled as “one of those”. I see the faces and whispers every time I go to the store, and they do hurt every time. Not as much as before, but they do. Don’t live in the past, don’t live in the future. Live right now. Celebrate your marriage, family, or whatever you hold dear. I hold my friends and family who never even blinked for a second hearing. My brother was threatened with being fired from his job. He told his boss” That is my brother, and he means way more to me than any job. His boss has since apologized to my brother and me.
Hang in there, guys. We will make it. I hope you guys find the peace you need.
Reach out if you guys need to talk, or just say “I am hurting”. I will listen