State police respond to sex offender

CHARLESTON - The West Virginia State Police filed its response to a lawsuit brought on by a man challenging the sex offender registration laws.

Jerry Michael Collins of Cabell County filed the suit Feb. 24 in Kanawha Circuit Court, and the State Police, represented by Superintendent David Lemmon, issued its response April 7.

"The conduct of this Defendant was within the scope of its duty therefore liability in this matter, if any, could not be assessed to it," the response says.

Collins had been convicted of Abduction with Intent to Defile in Prince William County, Va., in 1982. He was released from prison on Aug. 1, 2003, and placed on five years parole.

He moved to West Virginia and the Virginia State Police transferred his information so that West Virginia could make a determination on how many years Collins would be subject to registering as a sex offender.

In his complaint, Collins noted that he believed the equivalent crime would be only severe enough for a 10-year registration. The West Virginia State Police said the equivalent crime was Attempted First Degree Sexual Abuse and informed Collins he would register for the rest of his life.

The State Police's response says Lemmon did not include the fact he was convicted of attempted murder for the same incident, which did not include a minor.

Judge Tod Kaufman is handling the case.

Kanawha Circuit Court case number: 06-C-373