Appeals Court hears challenge to Level 3 offender classification in 23P1440

Attorney Humana Hernandez, counsel for the plaintiff-appellant, asked the Massachusetts Appeals Court during oral argument to lower her client's registry classification from Level 3 to Level 2 or to remand the case to the Offender Registry Board for a new classification hearing. "I'm here today requesting this court lower my client's classification level from a level 3 to a level 2 or to remand the case back to the board for another classification hearing," Hernandez told the three-judge panel.

The issue before the court is whether the hearing examiner erred by relying on what defense counsel described as unreliable hearsay in the police report and the Commonwealth's statement of the case, and whether the examiner improperly applied two risk-elevating factors (identified in the record as factor 19, level of physical contact, and factor 20, diverse sexual behavior). The appellant also argued the examiner…