Comments on: PARSOL’s Analysis of Commonwealth v. Torsilieri

By: Sue simmons

Sue simmons — Wed, 29 Mar 2023 20:13:31 +0000

In reply to Pam. Yeah but Pa is about the worst state to get anything done. They dont do the right things here at all. I will be very surprised if this all works out. This SORNA is a fing nightmare for people who have already spent numerous years in prison going through sex offender classes being humiliated just because of the crime and then for them to come up with this idea of plastering a person's face on a registry is like a doubled Jeopardy of a continuous punishment. Where is the LIBERTY, the justice for all. I dont see it if someone has a sex offense against them. If they're serving their time in prison and completed the crime sentence that should be the end of this bull crap. NO OTHER crimes continue to persecute any other person on the face of this Earth so why is this any different. It's just sickening this is being allowed to continue.

By: Derek

Derek — Mon, 31 Oct 2022 13:31:09 +0000

I pray that SCOTUS will take this case soon , they are ready for the powers of separation argument and to chip away at the administrative state , and destroy the registry

By: Michael Paul Jacobs

Michael Paul Jacobs — Mon, 31 Oct 2022 05:00:10 +0000

I have been keeping a close eye on the case in Torsilieri and give a special thanks to his legal team for defending our Constitutional rights. Not to get into details of my own case, but I have an allowance of appeal pending before the Pennsylvania Supreme Court challenging the Constitutionality of SORNA II inter alia, and both the trial court and Superior court issued opinions that were a miscarriage of justice, especially when I raise very legitimate points in a contentious area of law. Similar arguments in Torsilieri, have been recognized by the Pennsylvania Supreme Court in Commonwealth v. Muniz, such as public shaming and also finding it punitive. It that case our Court held that it violated the ex post facto clauses of both the federal and state Constitutions.
Yet, the legislatiors reenacted the same punitive laws regardless of our high courts opinions. I have written the legal team of Torsilieri, in hopes that they would want to take my case as I have suffered greatly for years and have so much evidence of public shaming as I, myself has experienced it due to the registration requirements and wrongful classification under the law.

By: Tim in WI

Tim in WI — Thu, 29 Sep 2022 08:32:15 +0000

In reply to William Hart.

They use the same tactics in the context of failure to register trial. Judges often error by permitting sexualized questions to potential jury members during voir and jury selection process. As you correctly state, Registration violation cases are NOT sexual assault cases, yet judges will insist picking unbiased is a necessity in a case purely about paperwork ( missing).
Upon the unreasonable sexualized colloquium between judges AND potentials with questions like, ” Have any of you in the the jury panel been a victim of sexually assault?” is grounds for automatic strike. At which time the judge ” dismisses ” the admitted victim from the group of potentials. The victim exits the courtroom having been rejected. Thus leaving those remaining potentials with an ax to grind. I’VE WITNESSED IT FIRST HAND IN 2011!
Today I take a much different approach in Voir by insisting such questions unacceptable to defense. DAs generally will not object to former victims, or family member thereof, being on an FTR jury. Thus each side can agree with NOT asking that brand of questions in FTR voir process.
Automatic ( as if by machine) disqualification of a former victim as a jury member is every bit as socially destructive as automatically disqualifying a sex offender for a job.

By: Josiah

Josiah — Tue, 27 Sep 2022 20:36:28 +0000

In reply to Unconstituent. To answer your two questions: 1) this case is from the Chester County Court of Common Pleas which the common pleas courts do not generally publish their opinions, and 2) the experts are Dr. Elizabeth J. Letourneau, Ph.D.; Dr. James J. Prescott, J.D., Ph.D.; and Dr. R. Karl Hanson, Ph.D.

By: Unconstituent

Unconstituent — Mon, 19 Sep 2022 22:18:35 +0000

This is a great case to advance the abolishment of scarlet letter laws. I just have two questions: 1) whybis it so hard to find the actual legal citation for this case? And 2) who were all of the expert witnesses thatbtestified for the defense?

It would be great to get the same experts on more cases, but I cannot find more then the one mentioned here.

By: Robert Gordon

Robert Gordon — Mon, 12 Sep 2022 22:22:51 +0000

Well Done. Robert Gordon

By: Tim in WI

Tim in WI — Mon, 12 Sep 2022 01:49:20 +0000

Excellent explanation by the Author. I particularly respect the difference between inalienable right versus indefeasable right. An inalienable right can be forfeited via due process by the congenial use the Standard waiver of civil right. The indefeasable right suffers no such threat because those rights natural rights. The right to defend yourself for example. The right to an attorney however inalienable through the constitution is not a natural right. The right to council itself was established by SCOTUS and not the constitution. More than once I’ve disavowed myself of Council (by waiver) in the context of felony FTR indictment. The counties judges dislike it, and makes them uncomfortable with me raising the entire record from the sex case. Because state opens the door by raising the judgment ( touchstone) in FTR context the whole of the formal record comes into play. And when that formal record contains no signed standard waiver of civil right nor mention of the obligation to register it becomes exculpatory fodder for any jury. Essentially these facts make the case not only longer but much harder to prove without a doubt. Or as the judge and author says it…irrebutable presumption presumes too much.

By: Jim

Jim — Tue, 06 Sep 2022 02:34:27 +0000

The thing we will have to remember is that Life Is Not Fair. Fair means, One side got Exactly what they wanted, and in a way the other side can’t complain about. Period. There is No Such Thing as Fair!

By: Gerald

Gerald — Fri, 02 Sep 2022 20:28:53 +0000

This is really great progress. For so long the results of failing to register have been “minimized” by almost every municipality in our U.S.A. I was speaking with a police officer the other day and mentioned how burdensome and absolutely irrational the requirements and extensions to those considered in “failure to register” status are Unconstitutional. The officer laughed when I referenced the fact that if this law continues then eventually they may have those who commit theft register due to the “real fact” that most who commit petty theft usually reoffend. It’s not a laughing matter I said, it’s what can happen if the system continues on the way it is going. The officer just smiled and said that would never happen.

I think many do not comprehend how much SORNA has paved the path for both state and local governments to deprive a United States citizen other Civil Rights concerning non related issues to SORNA. Civil Rights are rights that should never be deprived a citizen of the United States of America.

One individual that stood for his rights and was also exonerated in Illinois was Kitterman. His case shows how truly deep and scrupulous the corruption goes in Illinois sex offender registration. Although after exoneration his claim of the conspiracy was dismissed between the State Police and local jurisdictions; the fact is that it is truth. A conspiracy to permanently keep offenders on registry for life in Illinois exists. That is why unless convicted as a juvenile there is no ability to appeal for removal without fighting and denying a crime ever occurred (which makes a person ask why would a responsible individual that made a mistake want to entirely deny their wrong? Why not just afford them the opportunity to move past their mistake?)

The question’s I have after removal of this registry happens, will it matter to me or my family? We can’t get the years back, the money we’ve spent and lost due to my family member not being able to work in the job he is qualified for because of his “Registration” hampering companies letting him get past the interview process? Right now he’d have made $600k+ if they wouldn’t have extended his time on the list in a basic job for his degree. Will he be compensated even a portion. We have endured rough times like so many.

The worst part of it all, even with progress it always just takes one horrible situation that makes national attention to cause the registry to be the focus of harder punishments. I only pray for all our families and our situations that this system of punishment doesn’t just end in Pennsylvania but throughout our country.

Thank you to those that continue to challenge and take on this horrible design.