Appellee Brief filed in Henry – And it’s strong!
“Fourteen years ago, Bruce Henry was arrested for possession of child pornography. He pled guilty and served his time in prison. Upon reentering the community, Henry built a productive life. He received counseling, he found stable employment, and he became a volunteer at his church. He also started a family.
Henry married Jennifer and they had a baby boy. Henry’s son is now four years old. Since the day his son was born, Henry has been a loving and devoted father. But Henry is barred by law from living in the same home as his son. In Alabama, any adult convicted of a child-pornography offense may never reside with
his own minor child. The law contains no exceptions or avenues for relief. It is categorical and permanent. And it applies regardless of the nature of the offense or any other mitigating factor.”
That is the background of the Case being heard by the 11th Circuit Court of Appeals. Bruce Henry is fighting an Alabama law that says because of a past conviction for child pornography he can’t live in the same house as his own child. The District Court said the state can’t do that. Even a 3 justice panel of the 11th Circuit agreed. But prompted by something, and for reasons we may never learn, the 11th Circuit took it upon itself to rehear the case with every Justice of the Circuit having the opportunity to weigh in.
Attorneys for Bruce Henry filed their brief today and we think it’s exceptional! It’s great, not only because it’s well written and the legal arguments are solid, but because this is (we hope) one scenario where registrants can show that sex offender registration laws have been taken to such a preposterous extreme that they’ve not only tipped the scale, but fell off a cliff.
Remember, a decision in Henry will be binding precedent in Florida, so this case is extremely important. We will continue to keep you updated on this each step of the way.
You can read the Brief here: BRUCE HENRY EN BANC BRIEF and share your thoughts below.
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Here is my timeline as I lived it.
#1 There was no registry
#2 I was arrested, sentenced and sent to prison. (Still no registry)
#3 A few days before being released from prison, the registry started and I was applied to it retroactively.
#4 There was no timeline of when registry would last, but later told it was for life in Florida.
#5 Superhero’s by the name F.A.C formed to fight for justice, peace and the American way.
#6 Decades later, we continue to fight to get relief, with some wins, and some losses.
#7 What will the future give us?
Texas resident here, hoping for a favorable outcome. It’s been 14 years since the offense and the registrant hasn’t reoffended and is living a productive life. So much for the “frightening and high” recidivism rate. He should be removed from the registry and allowed to live with his child and wife … period.