Three Felonies A Day:
How the Feds Target the Innocent.
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This is an action for damages under General Laws Chapter 149, § 185, arising from egregious conduct by the Sex Offender Registry Baord ("SORB" or "the Board">, its agents and representatives, in retaliating against Plaintiff, Attilio Paglia, for 1)refusing to act in violation of duly promulgated laws, regulations, and ethical and legal rules, and 2) subsequently disclosing or threatening to disclose conduct that contravened estalbished law, regulations, and/or ethical canons. Plaintiff also seeks a writ of mandamus, under Gen.L. Ch. 249, § 5, instructing the SORB to do what is is compelled by law and regulation to do: publish the decisions in which Plaintiff acted as Hearing Examiner under the statute and finalized a determination in writing for publiction.
Sex Offender. Sex Offender Registration and Community Notification Act. Global Positioning System Device. Practice, Civil, Sex offender. Constitutional Law, Ex post facto law, Sex offender. Due Process of Law, Sex offender. Statute, Retrospective statute, Construction. Words, "Is placed on probation."
INDICTMENTS found and returned in the Superior Court Department on January 16, 1997.
A proceeding for revocation of probation was heard by Robert J. Kane, J.
The Supreme Judicial Court granted an application for direct appellate review.
Theodore F. Riordan (Deborah Bates Riordan with him) for the defendant.
M. Catherine Huddleson, Special Assistant District Attorney, for the Commonwealth.
Present: Marshall, C.J., Ireland, Spina, Cowin, Cordy, Botsford, & Gants, JJ.
BOTSFORD, J.
General Laws c. 265, § 47, inserted by St.2006, c. 308, § 8 (§ 47), requires any person who is "placed on probation" after conviction of a designated sex offense to wear a global positioning system (GPS) tracking device for the duration of his or her probation. [FN1]
In March, 2008, a judge in the Superior Court ruled that this statute applied to the defendant, and entered an order modifying the terms of the defendant's probationary sentence to require that he wear a GPS device during his probation. The defendant appealed, and we granted his application for direct appellate review.
We conclude that G.L. c. 265, § 47, by its terms applies to the defendant, because he was "placed on" postconviction probation following the statute's effective date of December 20, 2006. We further conclude, however, that G.L. c. 265, § 47, is punitive in effect, and under the ex post facto provisions of the United States and Massachusetts Constitutions, may not be applied to persons who are placed on probation for qualifying sex offenses committed before the statute's effective date. [FN2]
Because the defendant committed and was convicted of his qualifying sex offense before § 47 was enacted, the statute may not be applied to him. We therefore vacate the order of the Superior Court judge and remand for further proceedings. [FN3]
John DOE, Sex Offender Registry Board No. 24341 vs. SEX OFFENDER REGISTRY BOARD. No. 07-P-1940. April 2, 2009. - June 5, 2009.
Sex Offender. Sex Offender Registration and Community Notification Act.
CIVIL ACTION commenced in the Superior Court Department on December 1, 2006.
The case was heard by Ernest B. Murphy, J., on a motion for judgment on the pleadings.
Elizabeth Caddick for the plaintiff.
Jennifer K. Zalnasky for the defendant.
Present: Lenk, Sikora, & Wolohojian, JJ.
WOLOHOJIAN, J.
In the early morning of July 2, 1984, Doe came staggering out of a bar in Quincy and began to follow a woman whom he did not know. After she rebuffed his offer to walk her home, he pushed her into some nearby bushes. A struggle ensued during which Doe tried to kiss the woman, slapped her several times, hit her head against the ground, pinned her arms down, reached under her shirt, and tore her bra. The woman was able to break away, passersby called the police, and Doe was found hiding in the bushes. Doe was convicted (by plea) of assault with intent to rape and indecent assault and battery and was sentenced to one year in the house of correction.
John DOE, Sex Offender Registry Board No. 24341 vs. SEX OFFENDER REGISTRY BOARD. No. 07-P-1940. April 2, 2009. - June 5, 2009.
Sex Offender. Sex Offender Registration and Community Notification Act.
CIVIL ACTION commenced in the Superior Court Department on December 1, 2006.
The case was heard by Ernest B. Murphy, J., on a motion for judgment on the pleadings.
Elizabeth Caddick for the plaintiff.
Jennifer K. Zalnasky for the defendant.
Present: Lenk, Sikora, & Wolohojian, JJ.
WOLOHOJIAN, J.
In the early morning of July 2, 1984, Doe came staggering out of a bar in Quincy and began to follow a woman whom he did not know. After she rebuffed his offer to walk her home, he pushed her into some nearby bushes. A struggle ensued during which Doe tried to kiss the woman, slapped her several times, hit her head against the ground, pinned her arms down, reached under her shirt, and tore her bra. The woman was able to break away, passersby called the police, and Doe was found hiding in the bushes. Doe was convicted (by plea) of assault with intent to rape and indecent assault and battery and was sentenced to one year in the house of correction.
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