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Archive for Wednesday, December 28, 2005

Charges are dismissed in sexual-offender case

December 28, 2005

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Basing his decision on a legal technicality, a judge on Tuesday dismissed charges against a homeless man accused of violating Kansas' offender-registration law.

In a hearing in district court, Judge Jack Murphy found that prosecutors had filed charges against Dyall P. Leewright under the wrong section of the registration law. Dist. Atty. Charles Branson said he planned to file a new charge against Leewright as soon as possible.

The registration law requires people convicted of sex crimes and other violent crimes to register within 10 days of moving to a community, and to notify authorities if they change their address.

Leewright, who has a 1996 conviction in Oregon for statutory rape, registered when he moved to Lawrence in 2004. Prosecutors say he then stopped communicating with police, but Leewright says he notified them that he was moving to Colorado.

Branson's office filed a charge against him earlier this year, and he was arrested last month while hitchhiking in Hays.

Leewright already was free on bond at the time of Murphy's decision.

Comments

monkeywrench1969 8 years, 11 months ago

This is crazy. If the judge knew the correct section of the law and knew it may apply why didn't he allow the DA to file an amendment to the charge while the bad guy is still on the hook. I know they have done that in other cases and the judge has "taken it under advisement." That has been quote umpteen number of times in the articles.

My question was did the guy show up for the case in the first place or did he take off.

Ragingbear 8 years, 11 months ago

Fortunately, in this case, jeopardy was not attached. But it could have been. And I agree, a technicality usually translates into 1 of 2 things. Either gross incompetence, or a really good, and really scummy lawyer.

Being that this guy was homeless, and most likely had a court appointed lawyer, it shows even greater incompetence.

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