Ex assistant coach wants predator status removed

Hollingshead’s request based in part on new Act 10 law

HOLLIDAYSBURG — A Blair County judge is being asked to remove the sexually violent predator status imposed four years ago on a former Altoona Area School District female assistant soccer coach who had a sexual relationship with two teenage girls between 2010 and 2012.

Kyla A. Hollingshead, 29, Altoona, also seeks a reduction of time — from life to 15 years — that she must register her address and related information with state police for posting on a public website of sexual offenders.

Hollingshead entered guilty pleas in December 2013 to corruption of minors and institutional sexual assault charges. She was sentenced to 60 days to 23.5 months in the Blair County Prison, followed by 30 months’ probation. She also underwent a sexual offenders assessment review, which led Judge Timothy Sullivan, in July 2014, to impose the lifetime registration requirement.

Hollingshead’s latest requests are based on Act 10, the law Gov. Tom Wolf signed Feb. 21, and on last year’s state court rulings that found unconstitutional requirements within the state’s Sexual Offender Registration and Notification Act of 2012.

The sexual violent predator status is no longer applicable, defense attorney Steven Passarello said Tuesday after he and attorney Dan Kiss presented that position to Sullivan, who is reviewing the matter. And because it’s no longer applicable, the associated lifetime registration should be discarded, they said.

But the 15-year registration requirement is applicable based on the state’s new law, Passarello said.

Blair County Assistant District Attorney Nathan Michaux countered the defense attorneys’ requests by pointing out Hollings­head’s appeals are finished, so her case should not be subject to retroactivity. Michaux referenced the 2013 U.S. Supreme Court’s Alleyne ruling, which ended Penn­sylvania’s mandatory sentencing laws. It was followed, a year later, by the state Supreme Court’s Common­wealth v. Miller decision against retroactive application for cases with finished appeals.

Sullivan asked the attorneys to submit memorandums on what the judge described as “a technical legal issue.”

Before Wolf signed Act 10, Passarello had asked the court, based on last year’s court rulings, for an order ending Hollingshead’s registration requirements and her removal from the registry.

When Wolf signed Act 10, the governor said it would provide for greater public safety by keeping convicted sexual offenders on the registry. In light of last year’s court rulings, state police estimated that as many as 10,000 offenders could be removed from the list.

Altoona police filed charges against Hollings­head in May 2013 based on an investigation revealing her pursuit of sexual relationships with the girls when they were 15 and 16 years old.

Mirror Staff Writer Kay Stephens is at 946-7456.

COMMENTS