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Grubble Grubble
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Thursday, August 07, 2003 :::
rant
We have now reached the point in America where a man is required to register as a sex offender based on an accusation.
Brian Gunderson was arrested in 1998. A woman he had met in a bar accused him of rape and assault. Police determined that the physical evidence did not support the rape charge so that charge was DISMISSED. He later took a plea deal offered by the prosecution and pled guilty to third-degree assault.
While he was in custody, he was told he would have to register as a sex offender. The reasoning was because Minnesota law states someone must register whenever someone is convicted of a sex offense or another offense arising out of the same set of circumstances. In other words, because he was originally charged with rape, he would have to register.
He did so and then sued the Minnesota Department of Corrections. In his ruling, Judge C. Arlen Beam wrote that the sex offender registration law and the Minnesota Supreme Court's interpretation of it "turn reason and fairness on its head”, but he concurred with the ruling of the Eighth U.S. Circuit Court of Appeals in St. Louis.
I am disappointed with Judge Beam. He had a perfect opportunity to strike a blow against an obviously unconstitutional law. Because of that law, Brian Gunderson is now required to pay the penalty because he was ACCUSED of a crime, but not convicted.
What ever happened to “innocent until proven guilty?” This is a case of “guilty even though proven innocent.” It is also a travesty and complete miscarriage of justice.
Judge Beam should be removed from the bench. For that matter, the state congress that passed this disgusting law should be voted out.
/rant
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