Court: GPS use for some sex offenders unconstitutional

(NECN: Brad Puffer, Lowell, Mass.) – Massachusetts lawmakers are divided over how the state should treat convicted sex offenders. The Supreme Judicial Court has ruled that sex offenders convicted before 2006 cannot be forced to wear GPS devices, if they violate probation or parole, because it creates an unconstitutional burden on their freedom. Ralph Goodwin is a level 3 sex offender. In 1990. He was convicted of kidnapped and repeatedly raped a 7-year-old boy, then carrying him outside in a cardboard box and leaving him. But after Tuesday’s ruling by the Massachusetts Supreme Judicial court, a Lowell judge said she would not require Goodwin to wear a GPS tracking system. That court’s decision has outraged Rep. Karyn Polito who sponsored the 2006 law that required all sex offenders, convicted of crimes against children, to wear a GPS device while on probation. In a 4-3 decision, the Supreme Judicial Court ruled that law cannot be applied retroactively. And the majority opinion states, “The GPS device burdens liberty in two ways: by its permanent, physical attachment to the offender and by its continuous surveillance of the offender’s activities.” Attorney Ted Riordan successfully argued the case on behalf of his client – Russell Cory –convicted of indecent assault and battery on a child, who fought against a requirement to wear the GPS device. But the ruling still allows judges to add GPS monitoring at their discretion. District Attorney Gerry Leone says he is disappointed Goodwin will not be monitored