Prosecutors desire a decide to dismiss a lawsuit filed by Nicki Minaj’s husband Kenneth Petty, who claims he by no means was capable of problem his intercourse offender standing.
In response to court docket paperwork obtained by AllHipHop, oral arguments within the case are scheduled for January 6, 2023. Nicki Minaj’s husband goals to maneuver ahead together with his lawsuit in an try and get his identify faraway from New York’s intercourse offender registry.
Kenneth Petty says he by no means acquired discover a couple of 2004 Intercourse Offender Registration Act listening to. Prosecutors insist Nicki Minaj’s husband was correctly notified.
“Opposite to Plaintiff’s allegations, he acquired discover and was afforded all the method as a consequence of him after collaborating in his 2004 SORA listening to together with his counsel,” prosecutors argue. “The court-certified transcript of this listening to hooked up as Exhibit A to Defendant’s Memorandum of Regulation in Assist of Defendants’ Movement to Dismiss is each an official judicial report and integral to Plaintiff’s grievance, and thus will be thought-about on this movement, and it ends the case. Plaintiff acknowledged his identification on the report, and his counsel acknowledged that Plaintiff didn’t contest his designation as a stage 2 intercourse offender.”
Kenneth Petty claims somebody solid his signature on the discover, which was despatched to an tackle the place he didn’t dwell as a result of he was incarcerated on the time. Nicki Minaj’s husband seeks to argue he wasn’t current for the 2004 listening to.
“Plaintiff’s counsel’s implication that this official judicial transcript is a forgery as a result of Plaintiff’s incarceration data might present that Plaintiff was incarcerated on the time in numerous New York state correctional services and purportedly thus couldn’t have attended the SORA listening to is nothing in need of absurd,” prosecutors contend. “Because the Court docket is properly conscious, incarcerated people are always being dropped at court docket from jail for appearances of their circumstances. The state courts equally routinely require the manufacturing of incarcerated people for court docket appearances, such because the SORA listening to at subject.”
The State Of New York downplays Kenneth Petty’s alleged ignorance relating to his intercourse offender standing. Prosecutors additionally say the statute of limitations has run out in his case.
“Though Plaintiff admits to his felony conviction for Tried Rape within the First Diploma in State Court docket, he nonetheless alleges that he was unaware of his intercourse offender standing and his danger stage redetermination till he was arrested in March 2020 out-of-state for failure to register [as a sex offender],” prosecutors observe. “From 2013 via March 2020, Plaintiff primarily alleges he was unaware of the collateral penalties of his felony intercourse crime conviction.”
They add, “Plaintiff’s claims are meritless and the SORA listening to transcript demonstrates that Plaintiff is fourteen years late in pursuing this lawsuit. The statute of limitations has run and Plaintiff’s claims ought to be dismissed.”
Kenneth Petty is suing the State of New York and the New York State Division of Legal Justice Companies. Decide Eric R. Komitee is presiding over Nicki Minaj’s husband’s case.
