Court decision means sex offender must register
STAFF AND WIRE REPORTS
SANTA FE — The state Supreme Court has refused to hear a case involving a Clovis man who asked to be exempted from New Mexico’s sex offender registry.
By denying a request to consider the matter, the court lets stand a ruling last September by the Court of Appeals that sex offenders must register with authorities even after completing a deferred sentence and charges are dismissed.
The appellate court had ruled that a Curry County district court properly determined that Zane Brothers was obligated to register as a sex offender.
Brothers is owner of All Star Dents and a radio broadcaster for Clovis High School sports events.
Brothers said he pleaded no contest in 1996 to two felony counts of criminal sexual contact of a minor. His sentences were deferred and he was placed on probation for three years.
In 2000, Brothers was told by the sheriff’s department that he was required to register under the state’s Megan’s Law. Brothers went to court to have criminal charges against him dismissed because he had completed terms of supervised probation.
District Judge Stephen Quinn ruled that Brothers had to register even though he had not been given a required written notice of his duty to do so.
Brothers contended that he was not required to register because he had completed his deferred sentence and his civil rights had been restored, except for being able to have a firearm.
“I do not have a conviction on my record,” Brothers told the Clovis News Journal on Saturday. “Basically all I want to say is people that really know me, I think, would know the truth in this. I know the truth and God knows the truth, and God is the only one to judge.”
Assistant Attorney General Margaret McLean said the high court’s decision not to hear Brothers’ case makes clear who should register under Megan’s Law.
‘‘It’s an affirmation from the New Mexico Supreme Court that those persons who are convicted sex offenders must register without exception,’’ she said.
McLean added that it’s possible Brothers’ attorney, David Henderson, could ask the Supreme Court to reconsider its decision.
New Mexico’s law requires sex offenders to register with the county sheriff where they live and provide photographs, fingerprints, home address and other information. The law applies to people convicted of certain sex offenses after July 1, 1995, or who were in jail, on parole or on probation for a sex offense on that date.
The Associated Press and CNJ reporter Darrell Todd Maurina contributed to this story.