for me its a case by case basis. if they changed the law so they can put a bank robber on it i would be livid. the fact that the law says a kidnapper of a non related child can be listed is cool with me. with the rampant use of plea deals it is very cool with me.
That's actually not too far off in this case...not saying he's not a bad guy, but nothing to indicate he's a risk as an SO.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070515/NEWS02/705150332
"There was no sexual component to this crime. There was never any suggestion that there was a sexual component to this crime," said Jeanne Mettler, one of Moore's court-appointed lawyers who is fighting to get his
Level 3 sex offender designation rescinded.
<snip>
Before Westchester County Judge Rory Bellantoni in 2005, Moore argued that the law shouldn't apply to him, and
the judge agreed, ruling that he would not have to register.
But that decision was overturned last month after an appeal by the Westchester County District Attorney's Office. Mettler said she would challenge that decision in the state's highest court.
Moore, also known as James Taylor, was 21 years old in May 1975 when he and three other men broke into a house on Sheldrake Lane wearing masks and carrying loaded guns
intent on robbing a man named "Jimmy," who according to court transcripts was
a drug dealer who owed them money and had gotten a friend of theirs killed.
"Jimmy" wasn't home, but his wife and three young children were. Moore and his accomplices beat the woman, tied her up and locked her in a closet after telling her that they were taking her daughter and wanted $500,000 for her safe return. Moore and an accomplice were seen fleeing by New Rochelle police, who chased them into Eastchester, where they were captured within five minutes.
The child was unharmed. The two other robbers escaped.
"I remember the case. It was one of those situations where
if they would have just left and not taken the baby, the mother probably would have never even called us," said New Rochelle police Capt. Kevin Kealy, who was a rookie cop at the time.
<snip>
During his testimony, Moore said that the idea to kidnap the child was not his and that he did not even know whether it was a boy or a girl until he and his accomplice got into the getaway car. When asked what he planned to do with the child, he said he and Curton were going to take her to a woman's house in Brooklyn for safekeeping until they got their ransom money.
<snip>
Bellantoni, during the hearing and in his final ruling, was not convinced that the law made sense as applied to Moore.
"SORA's purpose, as derived from the statute's bill jacket, is to provide the public with information regarding sex offenders, not simply those convicted of felonies," Bellantoni wrote. "But the legislation isn't necessarily consistent with the risk assessment instrument. ... The risk assessment instrument is an instrument designed to determine whether this individual is at risk to reoffend sexually and his argument is
how can I be at risk to reoffend sexually when I have never sexually offended."
In overturning Bellantoni, a four-judge panel with the state's Appellate Division found that the kidnapping of children by strangers is, "a frequent precursor to a sex offense," and that "the absence of a sexual element from the kidnapping
may be the merely fortuitous result of the interruption of the offender's plan."