ACLU DOES IT AGAIN - READ THIS!!!
12/13/2004
ACLU: Fliers violated sex offender's right to privacy
By RYAN BAGWELL, Staff Writer
The county Police Department violated a convicted sex offender's right to privacy when it distributed warning fliers to surrounding residents in Linthicum, according to the ACLU.
Stacey Mink, a spokesman for American Civil Liberties Union of Maryland, said someone such as Mallory Vernon Nicholson, 57, who has served his time in jail, should be left alone as any other citizen would."We find it disturbing and contrary to the constitution's guarantees that an individual that served his time would continue to be placed under a cloud of suspicion and intense police scrutiny," Ms. Mink said.County police Chief P. Thomas Shanahan defended his decision to have officers distribute about 400 fliers Nov. 30 warning that Nicholson, a registered "sexually violent predator," is living in Linthicum."I absolutely do not think it was overkill," Chief Shanahan said. "I think every neighbor, every church group, every school, every citizen in the area that has children should know he's living amongst them."Nicholson was released from a Texas prison in July 2003 after serving 21 years of a 55-year sentence for theaggravated assault of two boys, ages 7 and 9, police said. He moved to 6516 Harrison Ave. in September, notifying state police and parole officials. County police only learned of his residency Nov. 22.The fliers distributed by police contained Nicholson's name, address, photograph and other information about his conviction. He could not be reached for comment.Law enforcement officials said police have the legal right to canvass neighborhoods. State law, however, only requires police to notify school superintendents if a violent sexual predator moves into the jurisdiction.A database of registered sex offenders is available online at atwww.dpscs.state.md.usThe ACLU argues such registries often violate an individual's right to privacy, but court challenges have been unsuccessful, Ms. Mink said.Attorney Robyn Brown, a professor of criminal justice at Anne Arundel County Community College, said the courts have historically erred on the side of protecting children.Two unsuccessful challenges - one in Connecticut and another in Alaska - challenged sex offender laws on grounds the offender's due process rights were violated and the registry amounted to double jeopardy, Ms. Brown said."Most challenges to Megan's Law have really fallen on deaf ears," Ms. Brown said. "And I think it's because you have this overwhelming desire to protect children."With Internet databases already disseminating information about registered sex offenders, blanketing the Linthicum community probably didn't violate his privacy any further, she said. "Going door to door, in my opinion, I don't think that's any different," Ms. Brown ---------------rbagwell@capitalgazette.com
ACLU: Fliers violated sex offender's right to privacy
By RYAN BAGWELL, Staff Writer
The county Police Department violated a convicted sex offender's right to privacy when it distributed warning fliers to surrounding residents in Linthicum, according to the ACLU.
Stacey Mink, a spokesman for American Civil Liberties Union of Maryland, said someone such as Mallory Vernon Nicholson, 57, who has served his time in jail, should be left alone as any other citizen would."We find it disturbing and contrary to the constitution's guarantees that an individual that served his time would continue to be placed under a cloud of suspicion and intense police scrutiny," Ms. Mink said.County police Chief P. Thomas Shanahan defended his decision to have officers distribute about 400 fliers Nov. 30 warning that Nicholson, a registered "sexually violent predator," is living in Linthicum."I absolutely do not think it was overkill," Chief Shanahan said. "I think every neighbor, every church group, every school, every citizen in the area that has children should know he's living amongst them."Nicholson was released from a Texas prison in July 2003 after serving 21 years of a 55-year sentence for theaggravated assault of two boys, ages 7 and 9, police said. He moved to 6516 Harrison Ave. in September, notifying state police and parole officials. County police only learned of his residency Nov. 22.The fliers distributed by police contained Nicholson's name, address, photograph and other information about his conviction. He could not be reached for comment.Law enforcement officials said police have the legal right to canvass neighborhoods. State law, however, only requires police to notify school superintendents if a violent sexual predator moves into the jurisdiction.A database of registered sex offenders is available online at atwww.dpscs.state.md.usThe ACLU argues such registries often violate an individual's right to privacy, but court challenges have been unsuccessful, Ms. Mink said.Attorney Robyn Brown, a professor of criminal justice at Anne Arundel County Community College, said the courts have historically erred on the side of protecting children.Two unsuccessful challenges - one in Connecticut and another in Alaska - challenged sex offender laws on grounds the offender's due process rights were violated and the registry amounted to double jeopardy, Ms. Brown said."Most challenges to Megan's Law have really fallen on deaf ears," Ms. Brown said. "And I think it's because you have this overwhelming desire to protect children."With Internet databases already disseminating information about registered sex offenders, blanketing the Linthicum community probably didn't violate his privacy any further, she said. "Going door to door, in my opinion, I don't think that's any different," Ms. Brown ---------------rbagwell@capitalgazette.com
posted by Billy A @ Monday, December 13, 2004
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