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:
I trust that America will not forsake justice.
With Deepest Respect,
Greg Kendall