The Morning Call from Allentown, Pennsylvania • 20

A20 THE MORNING CALL, SATURDAY, NOVEMBER 1W STATE I I I Judge in Lancaster rules Megan's Law flawed i Valid thru Nov. 26, 1997 CIMET a a. i 'HIIIiK VIIISTALLED bi The Premier performance Carpet -CHRISTMAS 3 BOOMS (up to 40 sq. yds.) stilutionally places the burden of proof oil the defendant. In criminal ings, he said, the state must prove criminal activity beyond a reasonable doubt.

It also violates the Constitution because a judge rather than a jury decides whether a defendant is a sexually violent predator, he said. Psychological tests help judges make the decision, and that could violate the Fifth Amendment right to remain silent, said Cullen. The judge also challenged the portion of the law requiring a life sentence for a subsequent sexually violent offense, even if the offense otherwise is a misdemeanor. Such a rule essentially punishes a defendant twice for the same crime, in violation of the Constitution, he said. Last week, the state Superior Court, ruling on a narrow portion of the law, upheld the requirement that molesters tell police where they live.

Dennis Gaffhey, who had pleaded guilty to child molestation charges in Montgomery County Court last year, had claimed the law did not apply to him because it went into effect four months after he assaulted a 9-year-old girl Dec. 31, 1995. The court ruled that Gaffney's rights were not violated, because the registration provision does not amount to punishment. In September, Common Please Judge Ernest DiSantis of Erie also ruled the law is unconstitutional because it does not require prosecutors to prove a defendant is guilty of being a violent sexual predator. Kanka's murderer, Jesse Timmende-quas, was sentenced to death in June.

LANCASTER (AP) A Lancaster County judge has joined an Erie County colleague in finding Pennsylvania's version of Megan's Law unconstitutional, banning prosecutors from applying the statute to a man convicted of sexually assaulting a 7-year-old. In a 40-page decision Thursday, Judge James P. Cullen said the law, which requires convicted child molesters to tell police where they live and mandates stricter sentences for offenders, "clearly, palpably and plainly violates the Constitution." The law denies defendants a right to due process of law, subjects them to double jeopardy and imposes cruel and unusual punishment, the judge said. Megan's Law named for Megan Kan-ka, a 7-year-old New Jersey girl killed and raped by a twice-convicted sex offender in her neighborhood in 1994 also was ruled unconstitutional by an Erie County judge two months ago. Last week, however, the state Superior Court upheld a narrow portion of the law.

Cullen's ruling involves Crispin Ale-jandrez, convicted in May of corruption of minors, indecent assault and involuntary deviate sexual intercourse. He was sentences to at least five years in prison. After the trial, the defendant's attorney filed an appeal challenging Megan's Law. Under the 1995 law, a defendant convicted of a sexual offense against a child is subjected to a hearing to determine whether he can be deemed a violent sexual predator. A judge makes the decision.

Cullen ruled that the state law uncon- 7 A i Installed over 6 Pad i i I I I ff (MW Hi I OVER 12 MONTHS iyi iyear HV RETENTION TEXTURE RETENTION urn WARRANTY f-i 1 1-800-Rya-4-AU 1635 W. Washington Allentown (810)433-1411 1 I I OPEN Sat. 9-5, Sun. 1 2-5, 9-9 Not valid with other discounts or on previous purchases. Handcrafted Furniture Vine Cherry Oak Unique Unusual Distinctive Still Making ii After 30 Years Doctor Fcclgoodc's Is The Hottest Denis Around! UNVENTED GAS AMITY VENT-FREE GAS STOVE HEATERS ENYHROBFIRB JfXXtiUflhUl UNVENTED GAS LOG SALE High Back Settle Bench STOVE WOOD PELLET STOVES 24" $329 30" $369 'mwmmmm' 40,000 ii 1 i BTU' "Hf WITH3 I rw I I SPEED If BLOWER $1399 Combining The Nostalgic Beauty Of A Cast Iron Stove With The Latest In Gas Space Heating Technology! Available in 4 Designer Colors WAS $1399 LP OR NATURAL TA7- A wood working and UNVENTED FREE STANDING GAS STOVE finishing! (48x48x16) INGROUND POOLS CD LP 18,000 TO 30,000 BTU't S4 000 TO 40,000 BTU'l And Above i SELF IGNITING Model EF-II EF-ill Freestanding Stove The Amity Vant-Free Stove provides up to 30,000 Btu of clean, 99 heating efficient to warm up to 1,000 square feet for only pennies an hour.

An Amity Stove enhances you decor and is an economical way to reduce the expensive operating cost of central heating. Also provides emergency heat during power outages. nan-wuLJin i Il Ground Pools Layaway for Spring Daniel Green and SAVE HUNDREDS 29 SPAS ON FLOOR WITH 4 WATER FILLED slippers of distinction a Reflections Spa by Hercules Daybreak Portable Massage Spa VMany other styles in stock for the I Mitt Holidays 7-FULL YEAR GOLDEN SEAL WARRANTY ON PARTS, LABOR, EQUIPMENT, DIGITAL CONTROLS PLUMBING FOR PEACE OF MIND! FREE OZONATOR FREE COVER FREE DELIVERY JOE THE DOCTOR GUARANTEES SIMPLE INSTALLATION No naad to cal a prumbar of an aiactrician, airopfy IW up with your gardtn rtoaa, ptog it into any standard outlt and turn on. SIX ADJUSTABLE HYDROTHERAPY JETS 100-GALLON-PER-MINUTE WHIRLPOOL AUTOMATIC HEATING SYSTEM UP T0 104 AUTOMATIC FILTRATION SYSTEM STARTER CHEMICAL PACK LOCKING INSULATING COVER FOR USE INDOORS OR OUTDOORS Lotus LOW LOW LOW PRICE $1295 Blk Champagne Embroidered SAVE $1 000 OU CSa SPAS 3 "Where Fashion Foot Comfort Meet" 36 W. Broad Downtown Betilehtm 865-1691 jt -m Hours' 9 0 a to 5.