I just read the defense brief that was publicly submitted and I am extremely impressed! Although the entrepreneurial issue I am bringing up was not discussed in that brief, the defense brought up many good points that may get the courts finally leaning in our direction. They chastised the state for it’s claim that SOs are more likely to recidivate. The state used the same DOJ study that we are all most likely familiar with. They only quoted the portion about SOs more likely to commit sex crimes versus other offenders while omitting the overall recidivism rate. The defense brief correctly. That quote is misguided and unnecessary, but oft quoted, as it’s similar to saying a thief is more likely to steal than other criminals. The defense correctly pointed out the recidivism rate, 5.3%, using that study along with multiple others. This will help correct the judiciary’s ill informed belief about SO recidivism rate which could have very positive implications for us as a whole.
I only had to read a few pages of the state’s brief, which banks on support for the “government’s interest”, to realize their argument is very thin. The defense brief tears this argument up pretty well in their whole brief. I think we have a really good chance of winning this one. The question is how the decision will be written and applied as precedent. I can’t wait to find out!