PHOENIX (CN) - A registered sex offender sued to stop Sheriff Joe Arpaio from publishing his address, claiming he's in a "quasi" witness protection program waiting to testify against members of the Mexican Mafia.
Dennis Ray Anderson sued Maricopa County Sheriff Joe Arpaio and a Scottsdale police detective, in Maricopa County Court.
"If a level three sex offender notification is released in Scottsdale, it will give the general public, as well as the Mexican Mafia, a photograph of Mr. Anderson and his exact address, placing Mr. Anderson in substantial danger of being killed by someone trying to make a name for themselves in the Mexican Mafia," the complaint states.
Anderson claims that as part of a plea agreement in 2012 he agreed to testify in Pinal County in three homicide cases, against Paul Goga, Javier Santos and Gilberto Evora, "all known Mexican Mafia members."
Pinal County put Anderson in "a quasi 'witness protection program,'" and is paying for him to stay in a Scottsdale hotel, he says in the complaint.
Anderson claims that defendant Det. Kevin Furia notified him "of his intent to issue a level three sex offender notification, which will include a flyer with a photograph and exact address of Mr. Anderson, as well as a summary of Mr. Anderson's status and criminal background, at noon, Friday, April 26, 2013."
Furia also plans to issue a press release and a flyer "to the local electronic and print media for local publication," the complaint states.
Anderson claims he should be exempt from the sex offender notification because his 1991 conviction for kidnapping, armed robbery and second-degree burglary was retroactively changed to require him to register as a sex offender.
In 1998, A.R.S. 13-3821 was amended to people convicted of any kidnapping offense involving a minor. One of Anderson's victims was 17 years old at the time of the home invasion.
Anderson claims that "retroactive application of 13-3821 is punitive, as applied to Mr. Anderson, as his offense involved no sexual motivation or intent."
He seeks declaratory judgment and an injunction stopping Arpaio and Furia from posting a sex offender notification.
He is represented by Harla Davison.
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