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Appeals court hears challenge to classification over "grooming" findings and PPG evidence in 24P0226
Summary
In 24P0226, counsel for the petitioner argued the hearing examiner's findings that Doe displayed grooming behavior and deviant sexual interest lacked substantial evidence and impermissibly relied on hearsay and psychological constructs; the board contended remaining evidence justified the high classification.
The Appellate Panel heard argument in docket 24P0226 (Doe No. 526715) on whether the Offender Registry Board’s classification should be vacated because the hearing examiner made unsupported findings about psychological tendencies, including "grooming," and because certain risk factors and tests were misapplied.
"The classification must be vacated for 3 reasons," counsel Ilsean Earing told the panel, arguing that the examiner's findings that Doe "suffered from potential deviant ****** interest in minor females" and that his behavior was "in line with grooming" were unsupported by substantial evidence and exceeded the hearing examiner's authority because the regulations do not authorize independent findings about psychological…
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