Commonwealth v. Ventura (Lawyers Weekly No. 10-089-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11184 COMMONWEALTH vs. DOUGLAS VENTURA. Middlesex. January 10, 2013. ‑ May 17, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Sex Offender. Sex Offender Registration and Community Notification Act. Practice, Criminal, Appeal, Probation, Revocation of probation. Indictments found and returned in the Superior Court Department on December 1, 2006. A proceeding for revocation of probation was heard by Mary‑Lou Rup, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Geoffrey E. Spofford for the defendant. Bethany Stevens, Assistant District Attorney, for the Commonwealth. LENK, J. The defendant is a sex offender who, after pleading guilty to one indictment charging possession of child pornography, was placed on probation by a judge in the Superior Court and relieved of his obligation to register as a sex offender with the Sex Offender Registry Board (SORB), pursuant to G. L. c. 6, § 178E (f). The question in this case is whether a second judge, after finding the defendant in violation of his probation, may on that basis and consistent with the Sex Offender Registry Act, G. L. c. 6, §§ 178C-178Q (act), order him to register with SORB. We hold that she may not. 1. Background. The facts are not in dispute. On April 10, 2008, the defendant pleaded guilty to possession of child pornography in violation of G. L. c. 272, § 29C, a “sex offense” under G. L. c. 6, § 178C, requiring him to register as a sex offender. See G. L. c. 6, § 178E (a)-(c), (l). He was sentenced to three years’ probation. Pursuant to G. L. c. 6, § 178E (f), the defendant sought relief from the requirement that he register as a sex offender. In support of his motion, the defendant submitted a psychological evaluation, grand jury testimony, a report of a forensic review of his computer, and letters of support from family friends who stated that they had no reservations about allowing their daughters, who were friends of the defendant’s adolescent daughters, to spend time in his home. The sentencing judge concluded that the defendant had demonstrated that he did not pose a risk of reoffense or a danger to the public, and relieved him of the registration requirement. The Commonwealth did not appeal. See Commonwealth v. Ronald R., 450 Mass. 262, 266-267 (2007) (either party may petition for relief pursuant to G. […]