Prosecutors want a judge to dismiss a lawsuit filed by Nicki Minaj’s husband Kenneth Petty, who claims he never was able to challenge his sex offender status.
According to court documents obtained by AllHipHop, oral arguments in the case are scheduled for January 6, 2023. Nicki Minaj’s husband aims to move forward with his lawsuit in an attempt to get his name removed from New York’s sex offender registry.
Kenneth Petty says he never received notice about a 2004 Sex Offender Registration Act hearing. Prosecutors insist Nicki Minaj’s husband was properly notified.
“Contrary to Plaintiff’s allegations, he received notice and was afforded all the process due to him after participating in his 2004 SORA hearing with his counsel,” prosecutors argue. “The court-certified transcript of this hearing attached as Exhibit A to Defendant’s Memorandum of Law in Support of Defendants’ Motion to Dismiss is both an official judicial record and integral to Plaintiff’s complaint, and thus can be considered on this motion, and it ends the case. Plaintiff acknowledged his identity on the record, and his counsel stated that Plaintiff did not contest his designation as a level 2 sex offender.”
Kenneth Petty claims someone forged his signature on the notice, which was sent to an address where he didn’t live because he was incarcerated at the time. Nicki Minaj’s husband seeks to argue he wasn’t present for the 2004 hearing.
“Plaintiff’s counsel’s implication that this official judicial transcript is a forgery because Plaintiff’s incarceration records may show that Plaintiff was incarcerated at the time in various New York state correctional facilities and purportedly thus could not have attended the SORA hearing is nothing short of absurd,” prosecutors contend. “As the Court is well aware, incarcerated individuals are constantly being brought to court from prison for appearances in their cases. The state courts similarly routinely require the production of incarcerated individuals for court appearances, such as the SORA hearing at issue.”
The State Of New York downplays Kenneth Petty’s alleged ignorance regarding his sex offender status. Prosecutors also say the statute of limitations has run out in his case.
“Although Plaintiff admits to his felony conviction for Attempted Rape in the First Degree in State Court, he still alleges that he was unaware of his sex offender status and his risk level redetermination until he was arrested in March 2020 out-of-state for failure to register [as a sex offender],” prosecutors note. “From 2013 through March 2020, Plaintiff essentially alleges he was unaware of the collateral consequences of his felony sex crime conviction.”
They add, “Plaintiff’s claims are meritless and the SORA hearing transcript demonstrates that Plaintiff is fourteen years late in pursuing this lawsuit. The statute of limitations has run and Plaintiff’s claims should be dismissed.”
Kenneth Petty is suing the State of New York and the New York State Division of Criminal Justice Services. Judge Eric R. Komitee is presiding over Nicki Minaj’s husband’s case.
