AUBURN - A local man's indictment will be reheard because of a change in state law as to how such cases are to be presented to a grand jury.

The day after Carl Corey, 50, of 145 Park Place, Auburn, a Level III sex offender, was indicted for failing to verify his address with city police, the state government passed a law stating the prosecution would have to prove a defendant intentionally or knowingly failed to register or verify their address in order to indict them.

When the Cayuga County District Attorney's office presented the case to a grand jury, it only had to show that Corey broke the law by failing to verify his address, as opposed to knowingly or intentionally breaking the law.

Level III sex offenders are deemed to pose a high risk of re-offending and are required to verify their address by checking in with local law enforcement every 90 days. Corey was arrested three days after he failed to check in.

Kenton Foulke, Corey's attorney, requested that the case be dismissed instead of reheard on the basis that the DA's office was acting in bad faith in their interactions with the jury.

Foulke claims the DA's office created an extended three-week adjournment and piled several other cases on the grand jury in an attempt to get the members to forget his clients testimony and the details of the case.

Cayuga County District Attorney Jon Budelmann said Foulke's accusations were not based on any merit or evidence and believed Foulke should receive disciplinary actions for the statements, which Budelmann said could be considered perjury.

Budelmann said the reason for the adjournment was that the court was not in session because local schools were on spring break.

Cayuga County Judge Mark Fandrich said the DA's office did not act in bad faith and did not attempt to tamper with the jury but said the case law change would warrant a new indictment hearing.