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Appeals Court questions Sex Offender Registry Board classification and internet-dissemination order
Summary
The Appeals Court heard an appeal from a Level 2 sex-offender classification. Appellant counsel said a living-room incident should not have been treated as a public-place risk factor and challenged use of a witness statement under the "other information" factor; the board defended its qualitative analysis and reliance on corroborating statements. The court submitted the case for decision.
The Massachusetts Appeals Court heard argument in an appeal challenging the Sex Offender Registry Board's (SORB) Level 2 classification and an associated internet dissemination order.
Appellant counsel Samara Hernandez asked the panel to vacate or remand the classification, arguing the hearing examiner erred in applying two regulatory factors. Hernandez said factor 16 (public place) was given full weight for an incident described as occurring in a living room while the mother was asleep and that the record lacks detail about the home's configuration to support treating the living room as a public…
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