Chancellor Brown Mulling Fairness Of Tennessee Sex Offender Registry Requirement In Local Case

Tuesday, April 27, 2010 - by Judy Frank

A Hamilton County man convicted more than 25 years ago of sex abuse in Kentucky and Ohio has won at least a temporary respite from law enforcement officials' demand that he register as a sex offender.

Chancellor Frank Brown extended a temporary restraining order prohibiting state and/or local officials from enforcing the Tennessee Sex Abuse Registry requirement in this case for 15 days, while he weighs the complicated legal arguments raised by the parties.

The Hamilton County man, who is identified only as "John Doe" in Chancery Court records, did not attend Tuesday's Chancery Court session to hear arguments in his lawsuit against Sheriff Jim Hammond and Detective Jimmy Clift, Tennessee Attorney General Robert Cooper and TBI Director Mark Gwyn.

"Obviously, his attending would defeat the whole purpose of this litigation," explained attorney Jerry Summers on behalf of the unnamed petitioner, who desperately wants to prevent the public from learning about his criminal history.

Attorney Summers said his client was convicted of misdemeanor sexual abuse in 1982 in Kentucky and of felony abuse shortly afterward in Ohio.

After serving his sentences, the man moved to Hamilton County in 1989 and has lived here - without being charged with any additional crimes - ever since, the attorney told Chancellor Brown.

"This is an exceptional case," Mr. Summers said, arguing that requiring his client to register now as a sex offender would result in a "media frenzy" and destroy the man's reputation as a law-abiding professional in the community.

"If this restraining order is lifted, his name is out," the attorney said. "Even if we prevail later on, it won't make any difference. It's kind of like we're going on a witch hunt."

But Tennessee Assistant Attorney General Ben Whitehouse, arguing for the state, said what would be unfair and inequitable would be to waive the enforcement of the state law in this one case.

"There are 17,850 people currently on the registry," the state attorney noted. "How is (Mr. Summers') client any more special than those 17,850?"

The state attorney said it is unclear at this point where the case should be tried, since Mr. Summers has raised a wide variety of legal arguments.

"We want to make sure we get this case in the right court, whatever court that is," General Whitehouse commented.

He agreed with a request by the Hamilton County Sheriff's Department that it be removed as a defendant, since questions regarding the constitutionality of the state statute are beyond the purview of local law enforcement.

Further, General Whitehouse said, if the sheriff's department is removed, then the case should be moved to Davidson County, which has jurisdiction over such constitutional challenges.

Chancellor Brown agreed to remove Detective Clift as a defendant, saying he is not a necessary party to the lawsuit. Sheriff Hammond, however, was not excluded.

The judge said he will file a memorandum of opinion on the issues raised by the attorneys in the near future. He indicated, however, that he does not expect the case to end there.

The state appeals court in Knoxville is "just up the road," he told the attorneys.


Less Than Month Remains For Free Upgrade To Photo Driver's License

Hamilton County Clerk Bill Knowles said that less than a month remains for county residents wishing to upgrade their non-photo driver’s license without cost in the County Clerk’s Courthouse office. The clerk’s office began offering the free photo upgrades on Oct. 17, 2011. The service will terminate on March 12.  According to Department of Safety guidelines an applicant ... (click for more)

Upcoming City Council Agendas

AGENDA FOR TUESDAY, FEBRUARY 14, 2012   I.          Call to Order.   II.        Pledge of Allegiance/Invocation (Councilman McGary)   III.       Minute ... (click for more)

Thank You, Judge Mattice And Chattanooga

I would like to thank Judge Mattice for handing down a 30.5 year sentence for Kathleen Mathews.  Obviously, no amount of jail time, fines, or lashings can bring back Tim Chapin.   A 30-year sentence will, however, make the world just a little safer.  That's what Sgt. Chapin would have wanted.  He was a protector and sacrificed his life so the rest of ... (click for more)

Roy Exum: What 17 Pills Did To Me

Ah, step into my parlor of first-hand wisdom because, in the School of Hard Knocks, there are priceless lessons that you should know before it becomes your turn to dance. Never in my life have I ever had any back problems but, in early December, I came down with what is called sciatica and I have been a miserable man ever since. There are two big nerves that sprout out of the ... (click for more)

Lady Mocs Host Georgia Southern Monday On Autograph Night

The Lady Mocs will be gunning for their 13th SoCon victory Monday night when they host Georgia Southern at McKenzie Arena at 7 p. m. Following the game, the Lady Mocs players and coaches will be courtside for an autograph session. The Lady Mocs and the Eagles have met 48 times with UTC holding a 30-18 advantage. At home, Chattanooga is 18-4 against Georgia Southern but struggle ... (click for more)

Jay Fowler, Chris Walker To Speak at Quarterback Club

Jay Fowler and Chris Walker of Fellowship of Christian Athletes are the guest speakers for Monday's Chttanooga Quarterback Club at Finley Stadium at noon. Fowler, a Tyner and West Point graduate,  is the director of The Greater Chattanooga FCA, while Walker, a former University of Tennessee football player, is the FCA campus director for the Chattanooga ... (click for more)