A man who lives in Murfreesboro has appealed the Rutherford County Circuit Courts after learning that he has been labeled as a sex offender in the Sex Offender Registry. Matthew B. Foley is currently on the registry and listed as "Violent."
Recently released court documents show that 30 year old Foley was 16 years old when he was charged with conspiracy to commit rape and aggravated kidnapping in Rutherford County. He was later convicted for facilitation of especially aggravated kidnapping.
Looking back to 2001 when the crime took place, Foley and an adult, who is currently under indictment for aggravated rape and aggravated kidnapping - were riding around when they observed a 13 year-old girl that they did not know at the movie theater. Documents show they essentially grabbed the girl, drove her around Murfreesboro and ended up at Nice's Mill Dam. Once at the dam the adult allegedly took her out of the car and into the woods and raped her. Foley was not convicted of the rape, but only facilitation of especially aggravated kidnapping.
The courts noted that Foley's plea itself is not a sexual crime, and therefore the usual things are not mandatory, however he agreed that the judicial system would apply sexual offender treatment to his conviction.
The courts originally said the statute of limitations for Foley to file an appeal has already been reached. He asserted that the statute of limitations should be extended because he did not learn until well after its expiration that the State sought to enforce the provisions of the sexual offender registration act against him.
The Criminal Appeals Courts agreed to examine the case closer and have since reversed the dismissal of the case from moving forward. Therefore, Foley will have a second chance for post-conviction relief.
An evidentiary hearing will take place in the near future, which could ultimately mean that Foley's name will be removed from the Sex Offender Registry.
The courts released their opinion on the case Wednesday, January 20, 2016.
Source:
Case: No. M2015-00311-CCA-R3-PC - Filed January 20, 2016
