Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Doe v. Sex Offender Registry Board

Appeals Court of Massachusetts, Essex

December 20, 2019

John DOE, Sex Offender Registry Board No. 22188
v.
SEX OFFENDER REGISTRY BOARD.

         Argued October 2, 2019.

         [138 N.E.3d 461]  CIVIL ACTION commenced in the Superior Court Department on January 3, 2017, The case was heard by Richard T. Tucker, J., on a motion for judgment on the pleadings.

          Brandon L. Campbell for the plaintiff.

          John P. Bosse for Sex Offender Registry Board.

         Present: Milkey, Sullivan, & Ditkoff, JJ.

          OPINION

         SULLIVAN, J.

         The plaintiff, John Doe, appeals from a Superior Court judgment affirming the Sex Offender Registry Board’s (SORB) classification of Doe as a level three sex offender. See G. L. c. 6, � 178K(2)(c). Doe contends, among other things, that the SORB hearing examiner incorrectly applied the agency’s risk factor regulations, which define repetitive and compulsive behavior, and improperly excluded expert evidence that challenged the regulation. See G. L. c. 6, � 178K(1)(a)(ii);

Page 739

803 Code Mass. Regs. � 1.33(2) (2016).[1] We conclude that the hearing examiner erred by applying full aggravating weight to factor 2, repetitive and compulsive behavior, in a situation where the repetitive behavior occurred without an intervening indictment or conviction, because granting full aggravating weight in these circumstances was inconsistent with SORB regulations. We also conclude that it was error to exclude expert testimony regarding the research on which the regulations describing repetitive and compulsive behavior are based. Accordingly, we vacate the judgment and remand the case for further proceedings.

          Background .

         After an evidentiary hearing, the SORB hearing examiner found the following: On July 30, 1989, around 4:30 A.M., Doe, then age twenty-five, broke into and entered the apartment of a thirty-two year old woman. He held her at knifepoint, robbed her of $900, and raped her. Doe then fled from the apartment.

          Eight days later on August 7, 1989, Doe entered a second building at around 2:15 A.M. Doe found his second victim, a thirty-seven year old woman, asleep on the second floor of her in-law’s house. Doe placed a knife at her throat and told her not to speak. He then robbed her of $400, led her downstairs to the kitchen, raped her, and fled. Doe was under the influence of crack cocaine during both attacks.

         Doe was subsequently indicted. On June 7, 1990, a Superior Court jury found Doe guilty of aggravated rape, G. L. c. 265, � 22(a), in connection with the second incident on August 7, 1989.[2] He was sentenced to a term of from twelve to thirty years in State prison. On March 12, 1991, Doe pleaded guilty to aggravated rape for his actions in the first incident on July 30, 1989.[3] He was sentenced to a term of from [138 N.E.3d 462] fifteen to thirty years in State prison, to be served concurrently with the sentences imposed for the second incident. As his release date neared, SORB classified him as a level three offender, and Doe challenged the classification.

         A hearing was held on July 19, 2016, at which time Doe was fifty-two years old. Only one ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.