Registry challenge: panel heard arguments over factor usage, scoring and 'double counting'
A registry appellant challenged the hearing examiner's use of risk factors (including alleged duplicate consideration under factor 37), disputed the weight given to older test scores and age as mitigating, and the board argued the examiner made required findings about dangerousness and scope of harm.
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Attorney Fred Burkholder urged the Appeals Court to revisit an offender‑registry classification, arguing the hearing examiner double‑counted similar considerations (physical contact and victim vulnerability) and applied risk factors inconsistently across scores. Burkholder said empirical support for some factor weightings was undeveloped and asked the court to require clearer findings or remand for additional expert input.
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