DELHI - Following a lengthy sex offender classification hearing in Delaware County Court Monday, Aug. 28, Judge John Hubbard deviated from a state recommended level two classification, to a higher, level three classification, despite multiple objections from defense counsel Delaware County Public Defender Joseph Ermeti, representing Joseph T. Ogborn, who is eligible to be released from Mohawk Correctional Facility after completing a minimum prison sentence.
Ogborn was sentenced to 17 1/2 to 35 years in prison for a conviction of first-degree sodomy, third-degree arson, third-degree assault, fourth-degree grand larceny and two counts of third-degree insurance fraud, following a jury trial Jan. 4, 2007, before former County Court Judge Carl Becker.
Hubbard departed from the risk assessment instrument, scored by state officials, despite Ermeti’s assertion that the sex crime victim was not less than 16 years old, as the risk assessment form indicated.
Ermeti likewise urged the court not to hold it against Ogborn that he took his case to trial, proclaiming his innocence, and by doing so, did not take responsibility for his actions or show remorse. Hubbard said he saw “no reason for departure,” noting Ermeti’s objections, and classified Ogborn as a level three sex offender, with a high likelihood of reoffending. The state assessment is incorrect, Ermeti stated.
In a second companion case, Hubbard classified Ogborn as a level three sex offender, rather than a level two offender that carries a moderate risk of reoffending, which the state recommended. Ermeti challenged Hubbard, saying the court had affixed a registrable offense to Ogborn for a previous conviction, when no state law requirement existed at the time. “The prosecutor is assessing 30 points for a prior violent felony which did not occur,” Ermeti said. “Under the state’s computation system, he should be and remain a level two.” Ermeti stated the court should use the recommended scoring system used on the risk assessment form and not increase Ogborn’s risk of reoffending level for different reasons.
Ogborn is eligible for parole Sept. 25, 2023.
