Last updated: August 27. 2013 12:10AM - 2741 Views
SHEENA DELAZIO sdelazio@timesleader.com

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WILKES-BARRE – A Luzerne County senior judge has denied a request by a man serving a state prison sentence on charges he sexually assaulted a young boy to throw out his classification as a sexually violent predator.

Robert John Barbaro, 44, is serving an 18- to 48-month state prison sentence, followed by three years of probation, stemming from charges in August 2009 where police said he sexually assaulted a young boy for an eight-month period.

Barbaro pleaded guilty to a charge of indecent assault in May 2010 and was sentenced the following November. That sentence was reduced, at Barbaro’s request, in January 2011 to 18- to 48- months.

At Barbaro’s sentencing, he was found to be a sexually violent predator after an assessment by the state Sexual Offender’s Assessment Board (SOAB).

In Barbaro’s request to Augello, filed in May, Barbaro wrote that the sexually violent predator classification is double jeopardy and that the label carries a “lifetime infliction of an indelible badge of infamy.”

Barbaro requests that all evidence obtained by the SOAB be thrown out, and says that the classification comes with a lifetime of probation because Megan’s Law requires offenders to register their address and appear at a state police barracks every 90 days to be photographed and provide personal information.

“Pennsylvania Megan’s Law will inflict a gross and unwarranted violation upon an offender’s state constitutional right to privacy,” Barbaro wrote. “The … designation that (Barbaro) is a sexually violent predator … will bring irreparable harm to him and his family.”

In Augello’s ruling Monday, the judge wrote that Barbaro’s filing is “patently frivolous” and that the post-conviction request is outside the scope of what the proceeding is designed to do.

Augello wrote that Barbaro does not allege any constitutional violations and that Barbaro’s request was filed more than a year after a Superior Court ruling. Therefore, Augello wrote, the petition was not filed in a timely manner.

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