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Frisco parents fight judge's sex offender order

08:27 AM CST on Thursday, February 14, 2008

By SHELLY SLATER / WFAA-TV

FRISCO - A sex offender living across from a Frisco elementary school has met with parent opposition. There is only one problem - he wasn't the one who chose to live there.

Despite state law, a judge ordered the man, who was convicted of the aggravated sexual assault of a 9-year-old girl, to live at the house, which sits across from Gunstream Elementary.

Some parents in the area said one of the reasons they chose to live in the area was that Texas law turned it into a natural buffer zone against sex offenders because of its close proximity to the school. State law requires offenders be 1,000 feet from where kids congregate.

"It's really too close for comfort," said Penni Sexton, a mother of two who is a neighbor to the registered offender.

Sexton said hundreds of kids cut through a nearby alley and pass right by the offender's home.

"They're walking by danger every single day," she said.

While Harris County Judge Michael Wilkeson signed off on the location and ordered the offender to live at the home, the paperwork didn't explain his decision.

"Well, it's not only odd, it's never done," said Howard Shapiro, a criminal defense lawyer.

Shapiro has practiced criminal law for 30 years.

"In every case I've seen, that would be a direct violation of his probation," he said.

"Two houses within the school, I never dreamed we would be in jeopardy of facing anything like this," said Loren Kirshner.

Kirshner said she believes the safety of her children has been compromised by the judge, who made the order from 250 miles away.

"So, they can bring it and put it in our neighborhood?" she said. "They can dump it anywhere?"

Sexton and Kirshner are pushing Frisco to create a sex offender ordinance. However, even if one is passed, current offenders would be grandfathered in.

"We have no rights?" Kirshner said. "He's going to be allowed to stay? It's just our responsibility to watch our kids and cross our fingers and hope he doesn't harm anyone else?"

While the HOA and its lawyers are confronting Harris County in an attempt to figure out why the judge made the ruling, they said they have had no response. The judge also didn't respond to News 8's attempt at contact. The registered offender was also not able to be reached.

As for Frisco's sex offender ordinance proposal, it has already been discussed in city council, but nothing has gone through officially yet.

E-mail sslater@wfaa.com

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