Former Mobile County Commissioner and convicted sex offender Freeman Jockisch is challenging his conviction on child enticement, arguing that prosecutors overreached their statutory authority. In April, Jockisch was found guilty of attempting to meet someone he presumed to be an underaged girl for sex. In reality, he had been corresponding with law enforcement officers who had posted unassuming personal ads on Craigslist.
In July, a judge sentenced him to 10 years in federal prison.
His motion, which he filed himself from a prison in Oakdale, Louisiana yesterday, challenges the language of the “coercion and enticement” statute with which he was convicted. Jockisch argues the use of words and phrases such as “whoever,” “any person,” “who knowingly” and “interstate commerce…” is nothing more than “a clever attempt to usurp a greater jurisdiction, not enumerated by the Constitution, by the misuse of the commerce clause in an effort to bestow a police power upon the national government.”
Citing case law, Jockisch concludes his conviction was unconstitutional because of disparity created in sentencing between state and federal law. If he had been charged under state statutes, Jockisch wrote, “enticing a minor is a Class ‘B’ felony in most states, and is punishable by probation.”
Interestingly, although the case is not mentioned in his motion, Jockisch attached a news article about former Mobile County Assistant District Attorney Steve Giardini, who was accused of similar charges before his case was thrown out for the lack of an actual victim. Giardini still practices law today.
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