DAYTON, Ohio -- A former Miami Valley police chief is back in court nearly 10 years after pleading guilty to the rape of a child.
Edward Heys, a former police chief in the small Miami County town of Potsdam, and his attorneys are trying to stop the enforcement of the Adam Walsh Act.
The act, which went into effect at the beginning of the year, subjects all sex offenders to new classifications and more restrictions.
John Rion, Heys' attorney, said Heys pleaded guilty to rape in 1998 and served six years in jail. As part of his sentence, Rion said Heys, who now lives in Dayton, is required to register as a sexually oriented offender until later this year.
Rion said the Adam Walsh Act, which is retroactive to include past sex offenders, now requires Heys to register his address every 90 days for the rest of his life.
Rion said the act is unconstitutional.
During a temporary injunction hearing Wednesday, Rion asked the judge to consider stopping the enforcement of the act in Heys' case.
Douglas Trout, with the Montgomery County Prosecutor's office, said the state supports the act.
"The public policy behind this law is to protect the citizens, and it's in the state's best interest to protect any laws that do so," Trout said.
A decision in this case is expected to be issued within the next several days
imo he needs to suck it up and take his medicine . its bad enough that he raped a child but an officer of the law in whom we trusted! its no secret that i absolutly despise police this guy is a pos if they give him a second chance in the same county as my charges when they wont even look at my case i will be furiuos
TROY — A Piqua man convicted in 1999 of a sex offense told a Miami County judge this week the new sex offender classification law that would require notification of his neighbors would vastly change his daily life.
"I wouldn't want to go outside anymore," Brian Cassel said.
If challenges to the registration and notification law effective Jan. 1 are not successful, Cassel, 29, will be required to register with the sheriff every 90 days for the rest of his life and have neighbors notified of his sex offender status.
Before the changes — which opponents such as Cassel's lawyers Jose Lopez and Andrew Pratt of Troy claim are unconstitutional — were approved last year by the Ohio General Assembly, Cassel's neighbors were not notified and Cassel had to register annually for 10 years.
He was convicted of sexual battery in Athens County in 1999 as part of a plea deal in which he was sentenced to a year in prison and labeled a sexually oriented offender. He testified Tuesday he had no prior or subsequent offenses. He was notified last fall by the Ohio Attorney General that, under the new law, he will be a Tier III sex offender, the toughest classification level.
Judge Jeffrey Welbaum will consider written arguments from prosecutors and Cassel's lawyers before issuing a ruling on whether to issue a temporary restraining order against implementation of the law. Several challenges have been filed across the state.
what is your first thought that goes through your head when you hear "sex offendr"? most would think the most hatful thoughts about this person. but what if the circumstances of this persons case were different like he had sex with a teenager 15 or older and was caught by the girls fatherthe girl saves face by saying "he raped me"because of his inability to keep it in his pants, the justice system and the fact that he is broke this guys whole life is in ruin.he cant get a job has to notfy neighbors and local schools of his conviction , he has to register as a sex offender . now i know they have different tiers or classes of offenders but who is gonna look past "sex offender"? not many we picture in our minds a monster that hurts children when that may not be the case at all. i have no mercy for the ones who do molest children and i think that a crime such as that should be a capital offense at least life w/o parole if not death. but for the guy who got drunk on sat nite and picked up a cutie took her home and had sex with her only to fi nd out she is 15 no just a light sentance with no registration requirements
The law distinguishes between a "sexual predator" and a "sexual offender." It does not distinguish based on gender, which appears to be your assumption (based on your example). A woman teacher who actively pursues a sexual relationship with her underage male student will probably have more culpability under the law than the hapless man of your example. Forget consensual sex, too. Statutory rape is statutory rape.
i think there should be a difference between statutory rape and that of a rape of a child.
To me a 15year old is not a child, hell i was living on my own with many partners by this age. when i was 15 i dated a 19 year old, i was at the maturity level at that age that i could establish a real relationship and the difference between consent and non consent. the age of consent here is 16 for hetrosexual sex and 18 for homosexual sex. (most proberly each state in america differs).
If for example i wanted to call my relationship rape the guy i dated would have to register as a sex offender and to me that is not fair. if the man was say 40 and i was under 15 then of course it would be fair then. but i do not think having consenual sex should be seen as a sex offender and that title should be used on actual child rapist, imagine your whole life having to register and ever job you apply for looks down on you because you have this title.
it really isn't fair
Susan, you have to admit gender does come into play alot of the time especially in the example you have given, if a female teacher engages in a sexual relationship with a male student, the student is looked upon as heros for nailing the teacher, if a male teacher engages in a relationship then he will be seen as a sexual predetor prowling on a vunrable female.
As to this "police chief" then i think it is horrible that a man who was in such a position can even think of harming a child. People who are in autority like that should be protecting the young, the old and the ugly NO MATTER WHAT. And if he has to register every 90 days then so be it, it is better then having to live with the rape everyday. He did serve 6 years and some would say served his time and should be allowed a new start, hell i dont think so, rapist should never get a new start.
Against Abortion? Then DON'T Have One!! ~ If the anti-abortion movement took a tenth of the energy they put into noisy theatrics and devoted it to improving the lives of children who have been born into lives of poverty, violence, and neglect, they could make a world shine. ~
Well behaved women, barely make history... ~Marilyn Monroe
I understand your point. But you -- for a variety of reasons -- were a remarkably mature 15 year old.
I suspect that you are the exception, rather than the rule. The law exists to protect those who are underage and easily victimized -- male and female alike. KNOWLEDGE of a person's age is no excuse, at least here. The assumption is that those individuals who are underage cannot make decisions concerning sexual behavior because they are young, immature and unlikely to comprehend the far-reaching consequences. That is why it is ALWAYS rape if one of the partners is underage. It may not be necessary to protect each and every individual -- some people just happen to mature faster than others -- but age is a safe assumption. Most people are not the same person at 15 that they will be at 18. I think it is a fair assumption, and although it isn't necessary to protect everyone, the law will protect those who are vulnerable. So, when all is said and done, I don't have a problem with it, really. We need to protect our kids from predators, and that is what the law is designed to do. The penalties are harsh because they need to be -- and if it makes a potential predator think twice, it has served its purpose.
I'm sorry but I don't see what a 15 and a 19 year old could possably have in common. You can't make laws that only pertain to certain people just becasue they may be maturer than most at that age. I also was more mature than most people my age at that time. However, I would have a s*** fit if my little girl at 15 was trying to see a 17 year old much less a 19 year old. Lisa I don't know what your situation was and I'm not trying to disrespect. I'm just thinking as a mom to a little girl.
I believe everything happens for a reason. People change so that you can learn to let go. Things go wrong so that you can appriecate them when they're right, you believe lies so you eventually learn to trust no one but yourself, and sometimes good things fall apart so better things can fall together.
seriously: I think Obama should have made them liquidate all their assets both business AND PERSONAL so they could climb over their own pile of s***; instead of expecting the American tax payers to do it.
Sept 1, 2019 20:35:38 GMT -5
seriously: Wake up people! Don't you realize that WE THE PEOPLE don't need the rich, THEY NEED US...to do the work that makes them richer so they don't have to clean their own toilets; and all we get is industrialized meats and crops, GMO's, antibiotic resistance.
Sept 1, 2019 20:38:53 GMT -5
seriously: Patented seed crops, running small farmer's out of business, toxic waste, poisoned water, dirty air, deforestation, global warming. By the way, who even wants to live in a GLOBAL GOVERNMENT world with a GLOBAL ECONOMY?
Sept 1, 2019 20:41:57 GMT -5
seriously: America should be more like Switzerland, fix our own 'broken wagon' and let the rest of the world fix theirs...it's not an U.S.A. problem. Screw oil, it pollutes the earth...GO SOLAR, WIND, WATER POWER! Screw the utility companies!
Sept 1, 2019 20:48:33 GMT -5
seriously: That's my opinion and I'm sticking to it. Best way to topple the rich...eliminate money and go back to the barter system; let the rich wipe their own bums and clean their own toilets...for a change! No more "Groom of the stool" for them.
Sept 1, 2019 20:51:50 GMT -5
seriously: Then banks and wall street can crash all they want; why should we be dragged down with them.
Sept 1, 2019 20:53:16 GMT -5
alanthony 007: hi, its alanthony; attorney " bartner and solicitor " for Miss Darlie Routier. I was out of town working on a high profile case. I'm back with an unusual part of the Law that will set my client free, so shall we proceed. first, everyone must listen to
Nov 27, 2019 20:52:02 GMT -5
Jeffery Daughtery: Walter Barton (Arkie) has been on Missouri's capital punishment row for many, many years. He has been through 5 trials! Each time is guilty. He'll finally go to hell on May 19, 2020...
Feb 22, 2020 20:23:42 GMT -5
Jeffery Daughtery: This site has a locked ARKIE BOARD shouting out his innocence. Shout it out to the devil that his son will be home soon...
Feb 22, 2020 20:25:41 GMT -5
alanthony 008: why would anyone give a s*** about Barton, he is convicted of killing a nobody, and he,s one too.
Mar 20, 2020 4:19:50 GMT -5
alanthony 008: you know.. two pieces of tailor trash, its a waist were even typing about it .. so off he goes, who cares.
Mar 20, 2020 4:30:41 GMT -5