Megan’s Law Supervision Violator Loses Appeal

VILLAS — A registered sex offender living locally lost a recent appeal regarding his third return to prison for violating the restrictions of his life supervision under Megan’s Law.
Warren Keperling, now 57, plead guilty to third-degree endangering the welfare of a child in October 2002. A judge sentenced Keperling in January 2003 to five years in state prison and community supervision for life, noting that he had to satisfactorily comply with supervision and take part in drug and alcohol treatment.
Keperling was released from prison in December 2005, but was locked up again on two occasions for violating his supervision prior to this current incident. On June 15, 2008, Keperling was released after serving time for one of those violations.
Court documents indicated that Keperling signed several documents upon his release stating the terms of his supervision and that: a violation of the terms was a fourth-degree crime; he should report to his parole officer; he should not use drugs or alcohol; live at an approved residence; get permission before moving; and enroll in a mental health program.
Upon his release, Keperling started to follow the terms of his supervision, leaving a voicemail for his parole officer, Joseph Martin and receiving vouchers from county Social Services to stay at the Economy Motel on Route 9 in Rio Grande.
Two weeks later, Martin conducted a home visit at the motel at 11 a.m. Keperling wasn’t there so Martin left a notice under the door instructing him to report on July 2.
Keperling didn’t show up on July 2, but Martin didn’t report the violation; instead he mailed a new notice asking Keperling to report on July 9.
On July 5, 2008, the motel owner told Keperling he would have to leave the motel after another guest complained about noise. The motel owner described Keperling as talking loudly with slurred speech, wobbly legs and a drunken appearance.
On July 8, Martin learned that Keperling was evicted from the Economy Motel, abused alcohol and relocated to the Simpson Motel on Route 47 in Rio Grande without telling him.
When Keperling failed to report for his July 9 appointment, Martin requested a parole warrant to arrest Keperling for violating his supervision.
The next day, Middle Township Detective Clint Stocker arrested Keperling noting that he smelled alcohol on Keperling’s breath at the scene of the arrest, in the patrol car and at the police station.
In court on Jan. 14 last year, the prosecution stated that Keperling was told at his 2003 sentencing that he had to comply with the terms of his supervision; that he was on supervision for three years before his July 2008 arrest, and was familiar with the need to report and refrain from alcohol; and that upon his 2005 prison release he signed and understood documents regarding the terms of his supervision.
The defense argued that Martin did not know if Keperling signed the documents because he didn’t witness the signatures, but the judge admitted the documents into evidence as reliable business records. Having determined that Keperling failed to report and used alcohol, the judge sentenced him on March 6 last year to a year in prison.
Keperling appealed on June 16 this year, challenging the documents and the judge’s findings that he abused alcohol and failed to report.
On Aug. 3, a two-judge Appellate Division panel sided with the trial judge.
Regarding the documents Keperling signed upon his release, the appeals court found them to be qualified as business records under state law.
“The documents were made in the regular course of business of the Parole Board, and it was the regular practice of the Parole Board to make them. Each document was kept in the Parole Board’s ‘case file’ for defendant,” the opinion stated.
“Under the totality of the circumstances, the trial judge did not abuse his discretion either by admitting the documents into evidence or by the weight he accorded to each,” the court found.
The appellate judges also agreed that the record was clear in showing that Keperling failed to report to his parole officer on two occasions (July 2 and 9), and used alcohol on two occasions (when he was evicted and when he was arrested).
“Further, the record demonstrates that at the time of the CSL (supervision) violation, defendant was on CSL (supervision) for three years and knew about the obligation to report,” the opinion stated.
“Our review of the record demonstrates that there is sufficient credible evidence in the record to support the judge’s findings beyond a reasonable doubt that defendant failed to report and failed to refrain from alcohol use,” the judges concluded.
According to the Department of Corrections, Keperling, who will celebrate his 57th birthday on Aug. 12, was released from the state’s Central Reception and Assignment Facility (CRAF) in Trenton two months ago.
His prison profile lists the following aliases: Steve Alser, Steve Alson, Daniel Hoover, Warren Keeperling, Warren Kelerin, Warren Kelerlin, Warren Keperlin and Warren Kepperling.
The state sex offender registry stated that Keperling’s original charges stemmed from the September 2001 sexual contact with a 5-year-old female for whom he acted as a babysitter on several occasions. He reportedly fled to Florida during the sex assault investigation, but returned to Wildwood that summer. According to a Press of Atlantic City article from September 2002, Wildwood police arrested Keperling on the 100 block of East Maple Avenue.