By DAVID A. MANN
David.Mann@newsandtribune.com
April 25, 2008 11:36 am
—
A Clarksville man, convicted of sexual battery 12 years ago, will not be allowed to watch his 10-year-old son play Little League baseball, following a ruling by Jeffersonville City Court Judge Ken Pierce on Thursday.
Eric Dowdell, 34, had asked the court for an exemption to a city ordinance that prohibits sex offenders from entering public parks in Jeffersonville.
Dowdell was convicted of the sexual battery of a 13-year-old in 1996, according to court testimony. He was registered as a sex offender with the state for 10 years, but is no longer required to do so. Clarksville Little League games are played in Jeffersonville this year because of renovations to that town’s complex.
Pierce based his decision on the fact that Dowdell had pleaded guilty to other violent offenses since the 1996 case. Those charges included a 2001 domestic battery case and a 2002 battery case. Dowdell also has pending strangulation and domestic battery charges against him as a result of an incident in March.
Pierce wrote that all those factors played a role in the denial.
“I think the judge’s decision is thoughtful and consistent with the law and the facts,” said Larry Wilder, who represented the city during a hearing on the case earlier this month.
The city ordinance permits judicial discretion to grant or deny a limited exemption.
This is not the first time Dowdell had filed such a petition. Former City Court Judge Scott Lewis denied one last year because he said Dowdell did not have required documentation supporting his request.
Dowdell’s attorney, Gavin Rose of the American Civil Liberties Union in Indianapolis, could not be reached for this story.
Under the ordinance, Dowdell is entitled to appeal the decision to the Clark Circuit Court or Superior Courts.
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