Boston Globe
Judge refuses GPS use for rapist
Says SJC ruling ties her hands on such monitoring
LOWELL - A Middlesex Superior Court judge refused yesterday to order a convicted child rapist on probation to wear a GPS monitoring device, citing a Supreme Judicial Court ruling that sex offenders convicted before 2006 cannot automatically be forced to wear the devices.
The case centers around sex offender Ralph Goodwin, who was convicted in 1990 of kidnapping a 7-year-old boy and raping him multiple times. When caught, he was carrying the boy in a cardboard box.
Also yesterday, the arm of the court system charged with supervising sex offenders said it would not, or could not, say how many offenders are wearing GPS monitors under its supervision.
“Probation is currently reviewing every sex offender case as a result of the SJC ruling,’’ said Coria Holland, spokeswoman for Probation Commissioner John J. O’Brien. O’Brien’s staff touted the GPS system as “cutting edge’’ when the state first started using it in 2005.
In court yesterday, Superior Court Judge Kathe Tuttman was asked by Middlesex prosecutors to require Goodwin to wear a GPS monitoring bracelet while he lives in Lowell.
After a lengthy prison term and commitment as a sexually dangerous person, he was determined to be no longer dangerous and was released on probation earlier this year. He lives on Merrimack Street in Lowell, according to the Massachusetts Sex Offender Registry Board.
Speaking from the bench, Tuttman said Tuesday’s SJC ruling tied her hands.
“Under these circumstances, I am legally prohibited from imposing GPS monitoring on Mr. Goodwin,’’ Tuttman said.
Tuttman made clear, however, that if Goodwin had violated probation, she would have ordered the monitoring system to be used.
In a 4-3 ruling Tuesday, the SJC said sex offenders convicted before 2006 cannot automatically be forced to wear GPS devices, because it creates an unconstitutional burden on their freedom. The court said the 2006 law cannot apply retroactively.
Goodwin’s attorney, Jeannine E. Mercure, objected to the GPS request, saying his life already has restrictions. He is a Department of Mental Health client who receives psychiatric and individual counseling, takes his required medications, and is visited by a nurse seven days a week to make sure he stays compliant.
In a statement after Tuttman’s decision, Middlesex District Attorney Gerard T. Leone Jr. expressed disappointment, but said he continues to believe judges have the discretion to insist that GPS monitors be worn by sex offenders.
“GPS monitoring of convicted sex offenders is an important, preventative tool to monitor the whereabouts of defendants who have preyed on victims and demonstrated a likelihood of re-offending,’’ he said, adding that his office will continue to “argue for this monitoring for other sex offenders in the interest of public safety.’’
Sitting in court yesterday were Laurie Myers and Debbie Savoia, from a victims rights group called Community Voices. The group has closely tracked the Goodwin case and has monitored court rulings governing sexual offenders.
Myers said she feared Goodwin will reoffend if not properly monitored. She also lashed out at the SJC’’s decision.
“I think this an open invitation,’’ Myers said, “for pedophiles and sex offenders to come here and molest any kid they want.’’
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