Hello Everyone,

This is an open letter to the Congress of
The United States of America.

I have been wrongly prosecuted, wrongly convicted,
and thereafter wrongly labeled as a Sex Offender.

My conscience is clear.  I am able to establish
my innocence, in more than one factual aspect.
(More detail)

My case arises from a strict possession charge,
not involving contact or communication with anyone.
It is fully documented here:
http://gregkendall.com/docs/e_summary_timeline.php

Digital images of nude children found within
a computer at my office, were not sexually
explicit and as such, not pornographic according
to the United States Supreme Court decision in
"Osborne v. Ohio" - 1990.

Furthermore, my indictment did not allege
my knowing or willful participation, which is
a necessary element for any crime.  Not even
"recklessness" was alleged.  Recklessness is
a bare minimum Mens Rea requirement.

Rather, I was reported to be out of the office
when these images were found, and still absent
when authorities executed their search warrants
at a later date.  Written statements from the
State's witnesses reveal both opportunity and
motive for evidence to have been planted.

Yet I was convicted under an unconstitutional
statute, by a plea agreement negotiated under
false pretenses, back in 2002 when lawmakers
and jurists didn't truly understand the security
risks of networked computer systems.  Today
we view viruses and malware and hacking as
everyday terms.

Even if presumed guilty, Ohio laws did not
classify mine as a sexually-oriented offense.
North Carolina subsequently Registered me
for the first time.

NC claims sovereign authority to Register
anyone whose case is substantially similar to
a Registerable offense in their state.
"Substantially similar" is unconstitutionally
overbroad.

USCIS (Citizenship & Immigration Service)
has followed suit, intending to deny my
family-based immigrant petition and then to
deport my wife, upon the same flawed reasoning.

My case illustrates prevailing injustices
which demand thoughtful consideration:


(1.)  Lawmakers must allow the State of Origin
to determine who is published on any criminal
Registry system.

When the Executive branch of Government in
another State overrides the status determined
by a sentencing Court which knew the facts,
it's a breach of Full Faith & Credit, and of
Separation of Powers, and of common sense.

Then where multiple jurisdictions are
involved in the setting of one's status, the
offender has no clear recourse.  Each agency
blames another for the wrongful status.

There must be a single point of determination,
with a clear and accessible process of appeal.


(2.)  Lawmakers must prevent any impact to the
core and essential human right of marriage.

Specifically, Adam Walsh laws should not
disqualify Sex Offenders from sponsorship
of family-based immigrant petitions.

Of course it's tragic if hopeful immigrants
are exploited.  I'm not proposing tolerance.

Petitioners must be examined & disqualified
on a case-by-case basis, for reasons of risk
or fraud.  Such assessments cannot be
categorically predetermined with fairness.

Resulting denials wreak havoc upon every
intended beneficiary, in addition to the
targeted offenders.  Senseless collateral
damage is unacceptable.

This portion of the AWA must be struck.


(3.)  Lawmakers must realize, public humiliation of
Sex Offenders on the Registry is not "Equal
Justice Under Law" as carved into the stone
face of our U.S. Supreme Court building.

Consequently America must choose either to
build registries for every type of criminal
offense alike, or to abolish the Sex Offender
Registry...

Or, void the promise of Equality.

I trust that America will not forsake justice.

With Deepest Respect,
Greg Kendall