UPDATED 11/30 AT 8:25 PM PST
Kenneth Petty's attorney responds to the State...
UPDATED: 11/19 AT 12:13 PM PST
The State of New York has responded to Kenneth Petty's "meritless" lawsuit and requested a pre-motion conference to discuss dismissal. This sounds familiar...
To summarize their argument:
The 11th amendment prohibits the federal courts from hearing certain lawsuits against states.
Basically saying he cannot relitigate something that has already been fairly ruled on. They also included the paragraph below. Kenny is definitely trying to remove the "Scarlet Letter R" from his and Nicki's chest.
3. There is a statute of limitations and they sent the notice to the same address he claims as his residence on this current lawsuit. It's not their job to search for him (last sentence is my 2 cents, LOL).
As usual, the documents are below for you to read for yourself.
UPDATED: 8/20 at 12:02 PM PST
If you wish to read the court filings, please download below. You may notice that on page 6 Kenny's name is "Kenneth Perry."
I got curious as to who is Kenny's lawyers and it seems he may actually be paying for his own lawyer. The location of the "law office" is in a shopping area and I can't find anyone high-powered named Alan Gerson at this location. Hmmm..it could be a shield.
This will be an interesting case because I guess one question is who is responsible for updating addresses for this type of correspondence. Is the burden on the state or defendant??? It does appear he has a case if the forgery claims can be proven. We will see.
The games have begun!
TMuthafcknZ is reporting that Kenneth Petty is suing the State of New York and its Criminal Justice Services in an attempt to remove his name from the sex offender's registry. According to legal docs, Kenneth claims he never got his constitutional right to due process to challenge the risk level assigned to him. Kenny's argument is he was incarcerated when the hearing noticed was sent to his home address. He also claims that the signature on the document was forged. According to Kenny he has suffered humiliation and financial loss due to being on the sex offender registry.
This is interesting timing. It seems Kenny is not challenging his conviction, just the tier level of registry he was assigned. So, this does not counter Jennifer's current lawsuit in any way. Instead, this is a way to stop him from having to keep registering and sharing his address AKA Nicki Minaj's address.
CALIFORNIA'S THREE-TIERED REGISTRATION SYSTEM
Tier one requires registration as a sex offender for at least ten (10) years. This is for people convicted of the lowest level sex offenses including misdemeanor sexual battery or indecent exposure.
Tier two requires registration as a sex offender for at least twenty (20) years. This is for people convicted of mid-level sex offenses including lewdness with minor under 14, and non-forced sodomy with a minor under 14 years old.
Tier three requires lifetime registration as a sex offender. This is for people convicted of the most serious sex offenses including rape (in most cases), lewdness with a minor by force or fear, sex trafficking children, sex crimes against children 10 and younger, and repeated sex crimes.
One of the most popular theories as to why Nicki Minaj would risk contacting Jennifer Hough to recant her sexual assault claims is because she did not want her address on the sex offender registry. If Kenny is found to have been wrongfully convicted, then he can have his conviction overturned and not have to register, along with other burdens that would be lifted off Nicki's shoulders. Now, this won't overturn his conviction, but it's a way to keep Nicki's address off the registry.
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