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Judge: Sex offender must stay on list

by Julie GOLDER<br
| January 7, 2010 8:00 PM

BONNERS FERRY — A judge rejected a Boundary County man’s request to be removed from the state’s sexual offender list.

Judge Steve Verby denied Tuesday the request of Jerry Davis, 60. David had pled guilty in 1994 to having sex more than four dozen times with a 14-year-old girl over a six-month period. Verby said Davis, and his attorney, Jeremy Featherston, failed to prove that Davis would not re-offend.

Davis pled guilty on Feb. 28, 1994, to lewd conduct with the girl. In exchange, another charge of lewd conduct and two counts of rape were dismissed.

Davis served two years, six months and 24 days in prison and completed his probation. The matter was discharged on Aug. 3, 1999.

Law allows a registered sex offender to filed for removal from the list after 10 years from release from jail, parole or probation.

According to court documents, Davis has not committed an offense since being released from prison 15 years ago.  Featherston claims that according to a psycho/sexual evaluation, Davis is a “low risk to re-offend.”

Boundary County Assistant Prosecutor Sarah Hallock-Jayne read in part  the  psycho-sexual evaluation given by a doctor, who said Davis showed a lack of understanding the dynamics of the offense.  In addition the doctor added that Davis did not willingly disclose personal information and also became guarded and defensive and seemed to minimize the offense.

During the hearing Tuesday, Hallock-Jayne brought to Verby’s attention that in reports Davis abused the teen not more than 50 times in a six-month period.

“Although the number of offenses is high this is only one victim here and not several victims,” Featherston said