Colorado’s 10th Circuit upholds longer sentence for cognitively-impaired man
Even while recognizing the defendant’s only sexual offense happened 25 years ago, that he had served his prison sentence, and that he had the cognitive abilities of a second grader, the federal appeals court based in Denver declined to order a lesser sentence for Kayode Dobosu’s failure to comply with certain conditions of his sex offender treatment.
A three-judge panel of the U.S. Court of Appeals for the 10th Circuit on Wednesday emphasized its limited power to second-guess the trial judge who sentenced Dobosu to five years of supervision for, among other things, visiting the Denver Zoo with his social group for intellectually-disabled people.
“(T)here is simply not a right answer when it comes to this corner of the discretionary sentencing context,” wrote Judge Allison H. Eid in the panel’s June 13 order.
A spokesperson for the National Association for Rational Sexual Offense Laws said Dobosu’s case illustrated the inherent problems of mandating lifetime registration as a sex offender, even when a person has not recommitted any sexual offense in decades.
“The treatment he is being required to undergo has nothing to do with his original offense. Rather, it was imposed more than two decades later due to his failing to keep his address current,” said Sandy Rozek, NARSOL’s communications director. “NARSOL’s view is that anyone who finds themselves in Mr. Dobosu’s circumstances would have difficulty complying with the sex offender treatment program’s requirements. Providers typically require that a person have no sexual relationships or sexual urges. Such expectations are not realistic nor are they constitutional in our view.”
Good judgement is obviously not required of all judges.
Congratulations! Both to The Gazette for its balanced reporting, and to NARSOL for keeping themselves relevant in the media.
Notice how no one is even alleging a risk of re-offending anymore. Instead, the government’s position here amounts to, ‘we must enforce compliance, to reduce the risk of his non-compliance!’
I went in a couple weeks ago to check in for my scheduled check in and the officer there told me there was legislation going through the state ( Missouri) to change the tier three class offender because it is for life. He said it makes sense because even for murder they get 20 years so why would someone with a sex offense be required to register for life.
I don’t hold out much hope though. They have already screwed me over so many times. My original conviction was in Kansas and classified as a class B misdemeanor. Than removed from registry after 10 years. I agreed to a plea bargain because my attorney told me it was just a misdemeanor and no different than a traffic ticket. But since moving to Missouri they have changed the classifications several times so now they say I’m in a tier three with no hope of being removed from the registry as a tier three must register for life.
I could prove my innocence if I could find an attorney that would be willing to interview the kids at the time who are now in there 40s
And put them under oath to tell the truth that the original charges were entirely false. If they could even be located now.
“Mr. Dobosu has never completed sex offender treatment,” countered Assistant U.S. Attorney Elizabeth Ford Milani.
‘A Sex Offender Treatment Program’…….’A Group Therapy Program’, that reminded me of CHARADES……
After 6 weeks, they graduated me…Judge told me it would take 2 years!…
-He was incorrect!
The ‘Dr xxxxxx’……wanted me out of there! trust me…..
I got a ‘certificate’. I hang it on my wall and show it when they do compliance checks!
I don’t know how a human being with the cognitive abilities of a second grader supposed to complete a SO treatment program. Given my own experience and having listened to others. I just don’t think that it’s likely happen. The treatment process by far appears to be a one size fits all program. I suppose that an individual program would work, but I don’t think that is the case here.
I also think that it can be argued that since this man hasn’t reoffended, just how effective is such a treatment program.