An El Dorado County Superior Court judge today granted a petition for removal from the registry despite an objection from the District Attorney (DA). According to the brief filed by the DA, the registrant’s continued registration would significantly enhance community safety. The DA based his objection upon the facts of the original offense that took place in 2005 and ignored the registrant’s rehabilitation that included being a successful business owner and participating in a stable relationship ending in marriage.
In making her decision, the judge stated today that the District Attorney failed to meet its burden of proof. She also noted that the registrant had no convictions either prior to or after his conviction for violating Penal Code Section 311.11(a) possession of child pornography. The registrant’s conviction was a felony wobbler that the same judge reduced to a misdemeanor about 18 months prior to today’s hearing.
Because the registrant’s conviction was reduced to a misdemeanor, he was assigned to Tier 1 by the California Department of Justice. At the time of the hearing, the registrant had registered for 17 years, which is 7 years longer than required by the Tiered Registry Law.
Today is the third known case in which a registrant’s petition was granted despite an objection by a District Attorney. The first of those cases was heard in Placer County in March 2022 and the second of the cases was heard in Los Angeles County in October 2022. In all three cases, the judge decided that the District Attorney had failed to meet its burden of proof.
Today’s case involved the 49th registrant represented by attorney Janice Bellucci who has gained his or her freedom from the registry. Of that total, 12 petitions were granted during October 2022 in nine different counties (San Francisco, Los Angeles, Alameda, Contra Costa, San Bernardino, Stanislaus, Sacramento, San Diego and Riverside).