CA Court Grants Contested Petition for Removal from Registry

A judge in Pasadena Superior Court yesterday granted a petition for removal from the registry despite an objection filed by the Los County District Attorney.  The petition was filed on behalf of an individual who was convicted 25 years ago in the same court and by the same judge.

According to the District Attorney (DA), the registrant should be required to continue registration in order to “significantly enhance community safety.”  The only evidence presented in support of this position by the DA were documents related to the initial charges and convictions.  

“The DA chose to ignore the fact that the sentencing judge did not sentence this individual to jail or to prison, but instead sentenced the individual to probation,” stated ACSOL executive director Janice Bellucci.  “The DA also chose to ignore the fact that the individual successfully completed probation and had not re-offended for 25 years.”

In support of the registrant, a recent psychological evaluation was conducted recently.  Following that evaluation, the psychologist issued a report stating that the registrant had a “very low risk” of re-offense.  Letters of support for the registrant were also included in a legal brief submitted to the court that exceeded 60 pages.

The petition granted yesterday is the second petition granted that was contested by a District Attorney.  The petition granted yesterday is the 41st successful petition filed by attorney Bellucci.


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Again, Congrats to Janice and who she represented.

Facing the same judge that sentenced him 25 years ago, successfully completed probation, and hasn’t committed any sex crime in that time makes the judge question the validity for the continued registration  in order to “significantly enhance community safety.”

I’m very glad that when the judge asked Janice if there was anything more she wanted to add that is was more of a procedural task to ask a lawyer. And before Janice could add more, the judge interrupted her to inform her that the judge would pass judgement for Janice’s client. After 25 years of being clean, what more does a registrant have to do as proof of being a public safety issue? Logically, it doesn’t make any sense. Of course, all of the other supporting evidence helped, but having the same judge 25 years later may have been the blessing in disguise.

I should of went with Janice and ACSOL when I filled my petition, because it’s been four months and the public defender’s office failed to show proof of service again on the 17th of this month, so the DA asked for another 60 day continuance.
Basically they just wasted A whole four months of my time.
Now I gotta take matters in my own hands and serve the police department myself. 🤔

Is this the same LADA Gascon, that are easy on all other criminals?

Look at that, an individual assessment, aka a forensic psych assessment, was brought to the argument. They may not be cheap, but they are worth it with the right person providing one.

The DA weakly objecting here is their only move to prove they are at least trying to do their job (and gather future political points with the public) otherwise they should just stop wasting the court’s time with an objection.

I glad to know there are reasonable and thoughtful judges. In this case, the DA really had nothing worthwhile to put forward – just the usual, run-of-the-mill crap.

I think that in order to significantly enhance community safety, this particular employee of the DA’s office should be fired!
After 25 years with no re-offense, anyone should AUTOMATICALLY be removed from the list!!!

Awesome news! Congrats to all
involved! Here in Fresno County, the DA is objecting to over 90% of petitions filed on the grounds that public safety would be significantly enhanced by continued registration and the judge here is agreeing with the DA and not terminating
registration requirements! I wish we had the same successes here in Fresno County, but I am truly happy for the people involved in the above mentioned case!

People should not have to throw away what amounts to a life of savings (no offense Janice) to defend themselves against ridiculous claims of elevated risk so that they can have their lives back. This system is so backwards it might have just made the founders regret ever forming this republic if they knew what it would become.

I’m glad the judge ruled wisely and I’m very happy for the individual, but I just don’t get these DA’s and their politic-driven mindset.

Anyone know of any results from Orange County? I am looking to submit my petition early next year for my teir 1 misdemeanor (only required to register due to plea).

Janice, have you gotten any denials from the court?

SO LUCKY TO GET SAME JUDGE TWENTY FIVE YEARS AGO, but then, your Client was sentenced to ONLY PROB, not incarceration. WHAT A WIN AGAINST A DUMB DA!

stupid DA

Do we have any idea how many petitions statewide have been objected to by the DA, and out of those how many petitions were denied and how many were granted? I really think that the spirit of this law was to grant almost all of the eligible petitions unless there were some extreme circumstances involved, but as we know, spirit of the law and letter of the law are two very different things!

Secondly, do we know if these decisions can be appealed to the California Appellate Court? If so, do we know if any have been appealed and what the appellate court has ruled?

I think ACSOL should sue the 💩 out of CDCR, CADOJ, etc. to force them to finally assign Tiers to ALL Registrants!
I tired the endless ‘TBD” that bars me from petitioning for removal.

My hearing is scheduled with the court for this Monday Oct 31st. DA & Police recommend denial due to length registration. I’m tier 2 but I’m applying under the 10-year tier 2 exemption 290.5 (B)(1).

crossing my fingers 🤞🏻Luckily dlDA had no safety related objections and hand stated they will not object when I apply in Feb 2024 so even if denied it’s not horrible.

Congratulations to Janice and to her Client for the Win and Victory. It is so sad and pathetic that these DA’s are doing this game just to score political points. It appears that there is some kind of sneakiness going on with the DA and the Judge in Fresno County. They should be investigated, but who would do it? They all appear to be corrupt in some way. I personally retain my attorney in May 2022 for Petition for removal from the registry. Truthfully, I am very discourage and unhappy. He did not file anything until the end of August 2022 and I am still waiting. I totally understand that the Law Enforcement has 60 days then the Courts has 60 days to do their thing and here we are in January 2023. It was bad enough that I had to wait 1 year and 5 months for the DOJ to finally assigned my Tier Designation. So frustrating and no one cares. I so want to go back to work. It seems to totally okay for us to just keep dipping into our savings which seems to be the game anymore. That is why, my opinion only, the State will not totally ever eliminate the SO registry, there is money to be made and their jobs would be lost. It’s punitive for PFR, contrary to the opinion of SCOTUS, and a SCAM. Thank you for letting me rant

Can we please name the D.A.s and judges in cases like this?