NJ sex offender’s defense: I can’t be guilty because I’m gay
TRENTON – A state appeals court has rejected a petition from a convicted sex offender who says he couldn’t have molested a 5-year-old girl because he’s gay.
Pennsylvania resident Alan Glenn pleaded guilty in a case of out Camden County to a third-degree charge of endangering the welfare of a child. As part of the plea deal, three charges for which he had been indicted were dropped – including aggravated sexual assault, which would have meant up to 20 years in prison had he been found guilty.
Glenn was sentenced to five years of probation and made subject to parole supervision for life, the Megan’s Law sex offender registry and a Nicole’s Law sex-offender restraining order.
Two and a half years later, Glenn then attempted to have that sentence vacated, contending his ineffective legal counsel had coaxed him into pleading guilty because of heavy risks of a significant prison sentence. A trial court denied his petition last year, and an appeals court now concurs.
Glenn said he couldn’t have committed the offense because he “the thought of heterosexual contact, especially with a minor, (is) abhorrent to him.”
Judges deny sex offender's appeal
But while he specifically denied the allegations connected to the first- and second-degree charges included in the indictment, he didn’t deny kissing the girl, the court noted.
“His certification does not address, and includes no denial of, the act – kissing the victim on the mouth in a sexual way – to which he pled guilty,” said the appeals court. “Therefore, defendant's purported innocence claim is based on a denial he committed an act – digital penetration – that he did not provide the factual basis for his plea.”
The trial court judge said Glenn’s sexuality “does not in and of itself absolve him from criminal culpability for the charged offenses,” and the appeals court said he “failed to present any meritorious arguments” that he is innocent because he is gay.
Michael Symons is the Statehouse bureau chief for New Jersey 101.5. You can reach him at firstname.lastname@example.org
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