An appeals court has overturned the Megan’s Law status of a former Duke Center man, and the state attorney general’s office is appealing the matter to the state Supreme Court.
David Frederick, 49, now of Coalport, in McKean County in 2014, had been found to be a sexually violent predator, subject to lifetime registration, after conviction on charges of endangering the welfare of children, corruption of minors, indecent assault and related charges, which alleged the protracted sexual abuse of a child for about five years.
Through a series of appeals, the state Superior Court eventually overturned his predator designation and the lifetime registration. The prosecution — the state attorney general’s office — filed a petition for the allowance of appeal to the state Supreme Court. However, the matter is on hold pending the resolution of a Chester County case, Commonwealth v. Torsilieri, which challenges the legality of sex offender registration as being against the rights and dignity of registrants.
A Superior Court decision in Frederick’s case gave background on the significant points in the case’s progression.
In 2014, Frederick was sentenced in McKean County Court to 62 months to 19 years of incarceration followed by three years of probation. A hearing held by the Sexual Offender Assessment Board prior to sentencing determined Frederick fit the legal criteria for a sexually violent predator.
Frederick appealed his sentence, but the Superior Court affirmed it. He filed a Post Conviction Relief Act petition, which was denied, and he again appealed. Rather than submit an appellate brief, the prosecution, which was through the state’s attorney general’s office, submitted a letter to the Superior Court indicating that the parties agreed Frederick was entitled to resentencing.
The reason was that the jury was not properly told about the “course of conduct” element to the endangering and corruption charges against Frederick, which would make them felonies instead of misdemeanors. Because of this, the Superior Court agreed that Frederick’s sentence with those charges as felonies could not stand, the decision read.
The sentence was vacated and he was remanded for resentencing March 7, 2022; his conviction remained intact.
Outside factors came into play for the next part of the case, the Superior Court decision explained. Between the sentencing in 2014 and the remand for resentencing in 2022, there were changes made to the registration requirements for sex offenders under SORNA, the Sexual Offender Registration and Notification Act — the law formerly known as Megan’s Law.
The trial court said the changes would not apply to Frederick’s sentence and did not order a reassessment under SORNA, staying with the original decision of Frederick as a predator.
Frederick objected, saying the changes to the law meant he was no longer subject to lifetime registration. The prosecution disagreed, and the trial court sided with them.
Frederick appealed.
The state Superior Court removed his reporting requirements under SORNA, and vacated his designation of sexually violent predator. The three years of probation were also removed from his sentence. The remainder of his sentence was changed by appeal to 5 years 4 months to 17 years of incarceration.
