Sunday, April 8, 2012

NY - Sex offender recommitted, and judge blames system

Richard C. Kloch Sr.
Original Article

04/08/2012

By Thomas J. Prohaska

Blasting the entire system of civil confinement of sex offenders, a judge last week committed [name withheld] of Buffalo to a mental institution while denouncing the “callousness” with which state parole officers and counselors treated him.

State Supreme Court Justice Richard C. Kloch Sr., who in 2010 freed [name withheld] from institutionalization, acknowledged that [name withheld] is a pedophile.

[name withheld] was convicted in 1997 of felonies in both Erie and Niagara counties for sexually abusing two sisters. He served almost 11 years in prison and 21 months in a mental institution before Kloch ordered him released.

Last November, after [name withheld] had lived on his own for a year and a half without incident, Kloch placed him on Strict and Intensive Supervision and Treatment, or SIST.

That’s a parole regimen for which Kloch specified 82 rules. Violating any of them could have resulted in [name withheld] being punished with commitment.

Kloch said parole officers at the state Department of Corrections and Community Supervision and counselors at Mid-Erie Counseling and Treatment undermined his order that [name withheld] be allowed to live in the community under supervision.

The court believes Parole and Mid-Erie will never allow this to happen,” Kloch wrote. “Instead, Parole and Mid-Erie would prefer the state taxpayers pay $250,000 a year to have Mr. [name withheld] committed. That is a better alternative to them than doing their job and trying to fulfill the court order for SIST. There is a word for that: callousness.”

In his month on the supervisory program, [name withheld], 46, lost his job, lost a relationship with his fiancee, was evicted from his apartment in the Riverside section of Buffalo and became a homeless resident of the City Mission.

It is clear that the parole officer and therapists were put off by Mr. [name withheld]. The animus projected toward Mr. [name withheld] throughout this proceeding literally was pooling on the courtroom floor,” Kloch wrote.

But he conceded that “in the absence of a job, residence or stability, [name withheld] will be unable to control his behavior.”

[name withheld] was arrested for missing an appointment with a Mid-Erie counselor at the parole office at Main and Court streets at 2 p.m. Dec. 6. He had kept a 12:30 p.m. substance abuse screening appointment at Mid-Erie’s office at 1131 Broadway, which he left at 1:45.

Mr. [name withheld] had no automobile, and it was impossible for him to walk to Court and Main in 15 minutes. Anyone remotely familiar with Buffalo — such as someone who works downtown — would know this,” Kloch wrote.

Witnesses at a March 29 court hearing said they thought [name withheld] could take the bus.

According to the Metro Bus website, Bus 4B stops at Broadway and Sweet Street, the closest intersection to 1131 Broadway, at 1:46. A person who caught that bus would be at Main and Court in 12 minutes. But if he missed that bus, the next one wasn’t until 2:06.

Sometime around 3 p.m., Mr. [name withheld] appeared at the office. This ‘missed’ appointment served as the primary basis for the state filing a violation petition,” Kloch wrote.

Officials at Parole, Mid-Erie and the state attorney general’s office could not be reached to comment Saturday.


1 comment :

F.A.Leonetti said...

NY - Sex Offender.......:
Several articles past, on this site, New York had made a broad sweeping ban of several thousand sex offenders.  Due to little based facts and huge amount of  grand scale ignorance.

From the read of this article, the hellacious amount of time, money and man power to monitor sex offenders is breaking the tax collectors bank. Not to mention the unbelievable burden and stress on the general public.

There are way to few judges like Kloch ready to invoke sentences on a case by case basis.  Most of the time, these sex offender laws are laid down like an old virus infected blanket to cover up the short comings of most all involved

This once again, shows in a most glaring way, just how far these insane and out of control sex offender laws are and how the  'knee'' jerk reaction is a major fail.

While the criminal justice system depends heavily on bogus stats ,regarding sex offenders,  to insure a constant flow of both offenders and revenue, to appease  an over glutenous appetite needing regular meal times.

The one absolute positive result that works, in most cases, is treatment, for those who take it or are given it as a conditional option of release.

 But the fed or state will not see that, as it is a sure fire way to prove figures that already exist showing the re-commitment sex crimes are the lowest as  most sex offenders thus proving most all attempts to control and or supervise released sex offenders are just a truck load of B/S.

Heaven forbid, the air be taken out of miscalculated and ill found numbers showing the over inflated crime rates to be both a lie and pure extortion.

Frankly, I for one am glad to see this judge doing what is right. We need a few more hundred of them with BACKBONE, to judge on the merits not the mayhem.

Honestly, we have seen so many times over and over, where the fed or  state laws and those who write or inforce them, have proven to be the bottom of the sewer heap as far as results .

Isn't it about time that a national group be formed to speak up for  ""WHAT IS RIGHT"" and leave the who is right attitude behind.  It is more than clear that just maybe a sex offender coalition may make more sense in getting solutions to this sex offender issue.

 It is  sure as hell plain,,  as the name you sign on your registry that the VAST and OVERWHELMING number of folks in charge of sex offender programs in this country....... personally lack the intelligence and the   vast and overwhelming information needed to bring about resolutions that work and have good consequences that are viable.

Who knows better to guard the chicken coupe?  The fox or us chickens.
If we don't have some representation we will just end up as dinner.

""The truth is extreme, to make it moderate is a lie.""  Aaron Hawkins

Best Regards
F.A. Leonetti