(From Kevin Merritt, Executive Director, Missouri Sheriffs Association)
Missouri State Auditor Nicole Galloway published false assertions in her official report
regarding the oversight and control of the Missouri sex offender registry program that
incorrectly placed law enforcement in a negative light.
The Auditor's numbers and
information just don't add up.
First, the Missouri Sheriffs' Association contacted all sheriffs in Missouri who in turn
stated they were not contacted by the Auditor or her staff to discuss the issue of
registration of sex offenders.
Previous auditors, showing respect, contacted local sheriffs
who in turn provided input and expertise into the administration of the sex offender
registry. Had this auditor done her due diligence, as did previous auditors, she would have
uncovered the truth behind the numbers of offenders she alleges are unaccounted for in
Missouri.
Second, the Auditor's assertion that the Missouri Sheriffs' Association declined to provide
a response to the issues noted in her report is a flat out lie.
Prior to the audit findings
being published, I personally met with Audit Manager Joshua Allen from the auditor's
office on July 19, 2018 in my office at the Sheriffs' Association in Jefferson City. I shared
factors that could influence the low totals of outstanding warrants for noncompliant sex
offenders. We discussed certain enforcement and prosecution priorities as well as various
reasons contributing to warrants not being obtained for noncompliant sex offenders.
At the conclusion of her audit, neither the Auditor nor the Auditor's designated
representative shared a copy of a draft report of the audit with either the Sheriffs'
Association or any sheriff.
Instead, Auditor Galloway rushed her report to the press
without an opportunity for sheriffs to discuss the draft or to review and rebut the false
assertions of her final report and findings. This failure to communicate her findings shows
callousness for law enforcement and a total misunderstanding of the basic concepts of a
criminal investigation.
Third, sheriffs of Missouri take this matter very seriously. The failure of a sex offender to
register as required is a crime and handled with the same protocols as with other crimes.
If a sex offender fails to report upon moving, a criminal investigation must be started and
evidence must be obtained to provide the prosecutor with sufficient evidence to initiate
charges. The Constitution requires no less for this and other serious crimes.
Lastly, the numbers asserted by Auditor Galloway just don't hold up under review. Had
she simply contacted the sheriffs for input before releasing the report and not rushed to
judgment, the Auditor would have discovered the number of those she asserts to be
unaccounted for simply is not true.
Some offenders are in prison and accounted for,
some have passed away and accounted for and many others are in the process for
criminal prosecution which requires an investigation, evidence to obtain a warrant and
then interaction with the prosecutor and the Circuit Court.
For instance, of those in
Lawrence County who the Auditor says cannot be located:
3 offenders are in custody of the Missouri Department of Correction;
1 moved out of state and is no longer required to register in Missouri;
1 is deceased;
3 have active warrants for failure to register;
3 have active investigations and warrants will likely be issued soon;
1 has information sent to PA awaiting warrant issuance.
Other counties have similar information that refutes the Auditor's false claim that these
offenders are simply hiding in Missouri without a trace. The audit report is written to
make it appear Missouri sheriffs and prosecutors are not doing their jobs. It shows a
disregard for and a complete misunderstanding of the important role these offices play in
Missouri.
When I asked which sheriffs the Auditor contacted to confirm data prior to publishing her
findings, the Auditor's office hid behind state statutes stating it would not release
information related to the Audit. Previous auditors published who they contacted in their
reports. If the issue is really one of ensuring the sex offender law is properly enforced, it is
imperative that the auditor's office exhibit nonbiased reporting in an open and
transparent manner.
I encourage anyone who has concerns or questions about sex offender registration to
contact their local sheriff.
The Missouri State Auditor is a female and a Democrat, so it's no surprise these guys find fault with her report.
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