Reports and PDF downloads concerning Sex Offender Laws in America
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U.S. Marshals Refuse to Obey Judge's Ruling
Thursday, 19 June 2008 17:40 | 
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| Legal Issues - Legal Issues |
Posted: June 18, 2008 04:51 PM CDT
Updated: June 19, 2008 07:15 PM CDT
| Reporting from KTVQ in Billings |
Less than a week after a Federal Judge in Missoula ruled against the national sex offender registration law, Montana's U.S. Attorney says sex offenders whom fail to register in Montana will still be prosecuted.
Because of U.S. District Judge Don Molloy's ruling, U.S. Attorney Bill Mercer says his office will withhold federal prosecution against offenders within the Missoula District.
But Mercer says his office will move forward on prosecutions within the Billings and Great Falls Districts.
"This whole thing is designed to protect the public from people who have committed sex offenses in the past and have an awareness of their history." says Mercer, "And so the fact that people don't register when they come to Montana and we don't have any knowledge that they're here creates a real problem. And so the Act is important. We're gonna do everything we can to vigorously enforce it."
Mercer says he expects the Justice Department to appeal the decision to the 9th Circuit or defend the law as Constitutional in another court.
(From June 19, 2008)
Despite a ruling by a federal judge against a key provision of the national sex offender registration law, U.S. Marshals say they will continue to hunt down sex offenders who fail to register here in Montana.
Last Friday, U.S. District Judge Donald Molloy of Missoula ruled that Congress exceeded its authority when it created the Adam Walsh Act.
That law made it a federal crime for sex offenders to travel to another state and not re-register as a sex offender.
Chief Deputy US Marshal Rod Ostermiller calls the ruling an isolated decision and says Marshals will continue tracking down sex offenders even if it means prosecuting them in state courts.
"We're going to try to minimize any impact that it has on public safety. We're going to continue to investigate these crimes and hopefully it will have a minimal impact because we are not going to let up." said Ostermiller.
If the sex offenders get prosecuted in state courts rather than federal courts, Ostermiller says the end result will be lighter sentences and a higher cost to taxpayers here in Montana.
Over the last year, 20 people have been charged with failing to register here in Montana.
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