More than 20,000 sex offenders, including Larry Nassar, the disgraced former sports physician who abused female gymnasts, have been wiped from Michigan’s public registry after a ruling by the state Supreme Court.
The removals come after the Michigan Supreme Court ruled in September that offenders cannot be forced to register under new versions of the sex offender registration law if the crimes occurred before the current law took effect.
The state amended its Sex Offenders Registration Act in 2011 and again in 2021.
Nassar, the former Michigan State University sports doctor, was convicted in 2017 on federal child pornography charges and state charges for sexually abusing female gymnasts.
Those who committed an offense before 2011 were removed from the list, even if they were sentenced after that year, like Nassar, according to the Michigan State Police.
The decision stems from a lawsuit filed by Eddie Lee Smith, a Michigan man who assaulted a stepdaughter in 1995 and his biological daughter in 2010. The girls were 15 and 13 years old, respectively, when the crimes were committed, according to court records.
“The statutory requirements enacted after the commission of his crimes amount to punishment,” the court said on Sept. 9. “Requiring him to register under the 2021 SORA is therefore an ex post facto punishment” in violation of the U.S. Constitution.
The Eaton County Prosecuting Attorney’s Office, which prosecuted Nassar, objected to the ruling. Some offenders struck from the list remain in prison, like Nassar, but after serving their sentences will leave “without any requirement to report their residence,” the state police office said.
“The Michigan Supreme Court’s decision to eliminate SORA requirements for these offenders is deeply concerning,” the office said. “Our community, along with the victims of these crimes, expected the registry to provide a measure of protection and awareness — assurances that have now been removed by the Court’s ruling.”
Michigan State Police, which maintains the list, said it had removed more than 20,000 people last month to comply with the ruling.
“Any concerns about or efforts to change the law should be directed to the state Legislature,” said Col. James F. Grady II, director of the Michigan State Police.
The legislature cannot overturn the high court’s ruling, but it could possibly adopt new legislation that would return the offenders to the database.
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