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I sure hope so!! Looks like they are wising up finally! I will call them tomorrow and find out.
State attorney general's office says Supreme Court's decision to strike down restrictions covers everyone.
The state attorney general's office Monday said it believes the residency restrictions for all of the state's registered sex offenders are no longer valid in light of last week's ruling by the state Supreme Court.
In a unanimous decision, the court struck down the law prohibiting registered sex offenders from living within 1,000 feet of day care centers, schools, churches or other places children congregate. Because it deprives some offenders of their property rights, the law is unconstitutional, the court found.
Because the law addressed a challenge raised by a Clayton County homeowner who was told he had to move when a day care center was built within 1,000 feet of his house, some lawyers who examined the ruling questioned whether it applied to all 15,000 registered offenders — including those who rent or live in places for free.
The state attorney general's office believes that it does and will soon send out a letter stating its position, spokesman Russ Willard said. "Our office is currently advising our clients how to proceed now that the Georgia Supreme Court has struck down the sex offender residency restrictions," he said.
Georgia sheriffs are eager for guidance.
DeKalb County Sheriff Thomas Brown said his office believes the ruling applies to all sex offenders, regardless of residential status.
But Jefferson County Sheriff Charles Hutchins said he believes the law applies only to people with established residences.
If a sex offender was already living in a Jefferson County home and then a child care center is built nearby, the offender will not be asked to move, Lt. Robert Chalker said. "But if someone wants to move into a place within 1,000 feet of a church or a school, we would not allow that."
David Hudson, an Augusta lawyer who represents sheriffs in a class-action lawsuit brought against the sex-offender law in U.S. District Court in Atlanta, said he understands why there is some confusion about the court's ruling. But he believes the entire residency restriction provision was struck down.
Rep. Wendell Willard (R-Sandy Springs) said legislators will fix the residency requirement so it can be enforced. "It was the appropriate approach to be taken by the court if they were going to strike it down," Willard said. "We can address it this coming session."
Sarah Geraghty, a lawyer with the Southern Center for Human Rights, said some predatory sex offenders should not live near schools. But the law was used to evict hospice-care patients from nursing homes and forced people who engaged in consensual sex when they were teenagers to move from place to place, she said.
"We need to impose residency restrictions on certain offenders, but a one-size-fits-all law isn't the answer," Geraghty said.
Brown, the DeKalb sheriff, also has problems with the law. He said that when the Legislature reconvenes in January, he hopes lawmakers will pay more attention to law enforcement.
"It's not like we're soft on this issue, but we don't believe it should be so restrictive that it will force people underground into hiding as opposed to registering," Brown said. "We want to know where they are."
Monday, November 26, 2007
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Glad to see others who are seeing them for what they are.
When "Dateline NBC" aired its first "To Catch a Predator" segment in 2004, it made for sensational television.
Program host Chris Hansen on camera confronted grown men who had been lured to a house by the prospect of sex with children.
The first two segments in New York and the northern Virginia/Washington, D.C., area nabbed a firefighter, a rabbi and a teacher.
For the third installment, Perverted-Justice.com, the Internet watchdog group that collaborated with "Dateline" on the "Predator" stings, asked that law enforcement be added to the mix and suggested the Riverside County Sheriff's Department, which had worked with the group previously.
The addition of law enforcement added a powerful element to an already dramatic scenario: Men who arrived for what they believed was a rendezvous with a minor were arrested by deputies and charged with crimes including attempted child molestation.
Over three days in January 2006, 51 men, ranging in age from 66 to 19 and from throughout Southern California, were arrested at a Mira Loma home. They included a high school teacher and a Department of Homeland Security agent.
But cases that initially seemed like slam-dunk convictions -- the men were seen on camera crying, pleading or even confessing -- have yielded uneven results both in Riverside County and other Predator sting locations.
And the show, which has broadcast 11 Predator segments, has come under fire in the form of a multimillion-dollar lawsuit filed by the sister of a Texas assistant district attorney who shot himself as police officers stormed his home during the now-notorious sting in Murphy, Texas, in November 2006.
Law-enforcement experts say the partnership among Dateline, police agencies and Perverted-Justice.com, a civilian group whose volunteers pose as young boys and girls in online chat rooms and wait to be contacted by adult men, raises serious questions about investigative techniques, evidence gathering and police autonomy.
"It's an unholy alliance," said Tom Nolan, a Boston University associate professor and former Boston police officer who uses the Predator segments as the basis of discussions in his criminal justice classes.
"I have an issue with private citizens engaging in these kinds of investigatory practices," Nolan said, referring to Perverted Justice.
Attorney Michael Molfetta, whose client Christopher Urban was convicted in August, said he had no problem with law enforcement casting a wide net to reel in people who use the Internet to prey on children.
"I'm a father. I like law enforcement being aggressive," Molfetta said. "But there are right and smart ways of doing things that were violated when you brought in Perverted Justice and Dateline."
Riverside County sheriff's Chief Deputy Randy Throne said he could not respond to criticisms of the department's participation in the January 2006 operation because the issue might be raised in cases headed to trial.
But in the days following the sting, then-Sheriff Bob Doyle said the department agreed to participate because the national exposure would send a "strong message to these dirtbags to stop preying on kids."
Linda Dunn, a chief deputy district attorney in Riverside County, said the outcomes so far -- 19 men have entered guilty pleas and a 20th has been convicted -- prove the strength of the Riverside cases.
"We have more cases set for trial and we certainly intend to move forward on them and we expect convictions," Dunn said.
Case Ends in Deadlock
In the first Riverside Predator case to go to trial in mid-August, a Riverside County Superior Court judge threw out the case against U.S. Marine William Lawrence Havey after a jury deadlocked 10-2 in favor of acquittal.
Judge Dallas Holmes was harsh in assessing the merits of the case against Havey, saying, "I don't like the smell of this case."
He was equally blunt in sizing up the Perverted Justice witnesses who testified, calling them "odd," "weird" and "repulsive."
Havey, a 24-year-old Iraq war veteran, had been charged with a single count of attempted lewd and lascivious act with a child under the age of 14. He declined to comment through his attorney Court Will.
Will said his client never believed the "girl" he was chatting with online -- in actuality a Perverted Justice volunteer -- was 13 years old because he was in a chat room for people 18 years old and older.
When Havey arrived at the Mira Loma house, he was arrested before he even made it inside.
Will said that based on his investigation, the attitude at the scene seemed to be that anyone who showed up at the decoy house was already guilty.
"No further inquiry was needed," Will said. "I don't think that's fair. I don't think it's justice."
In Texas, Collin County District Attorney John Roach has declined to file charges against any of the men arrested in the Murphy sting, citing concerns about venue, the lack of arrest warrants and questions about the accuracy of evidence, including the Internet chat logs.
"We're not confident that the transcripts of the Internet chats between the defendant and the Perverted Justice decoy are accurate or complete," Roach said in a telephone interview.
Roach said the location of the Perverted Justice volunteers and the men who made contact with them also is in question. In order to file charges, at least one party had to be in Collin County when the online solicitation, the crime being alleged, occurred, Roach said.
"The civilians were running this operation in Texas and that is fundamentally wrong," Roach said. "They don't have the same interest that law enforcement has."
Similar questions about the Perverted Justice's methods and chat log accuracy are being raised in a preliminary hearing under way in Riverside County Superior Court in Indio involving a Perverted Justice sting for the Fox television show "Cops."
Former Palm Springs news anchor Jim Philbrick, 44, is accused of attempting to commit lewd acts with a child under 14, based on his online conversations with a Perverted Justice volunteer in a gay chat room.
In an e-mail response to questions, Perverted Justice said chats are recorded in three file formats, one of them encrypted so that they cannot be tampered with.
Attorney Michael Garner, who is representing a man arrested in a July 2006 sting in Harris County, Ga., challenged video of Hansen interviewing Reymundo Anguiano, arguing that Hansen was acting as an agent of law enforcement and should have advised Anguiano of his rights before the interview.
"The judge ruled against us. He said my client was not in custody," Garner said in a telephone interview. "We'll appeal it."
Defense attorneys in the Riverside cases headed to trial have raised other concerns.
At a Sept. 21 pretrial hearing in Riverside County Superior Court, attorney Ronald Richards sought to have the attempted child molestation charge against his client Spencer Cho dismissed because he was arrested while sitting in his car and had not made a move to enter the decoy house.
"The sting was never set up to get people in their cars," Richards said.
Judge Jean P. Leonard denied Richards' motion to dismiss, saying there was probable cause for his arrest.
Dunn, the chief deputy district attorney, said her office was "somewhat taken aback" at Holmes' comments in the Havey case.
"We thought the case was strong; that's why we went to trial on it," she said.
She noted that a second Predator trial, also in August and also using testimony from Perverted Justice witnesses, resulted in the conviction of Rancho Cucamonga resident Christopher Urban. He faces a maximum of four years in state prison when he is sentenced in October.
In that case, jurors voted to convict Urban of one count of attempted lewd and lascivious act with a child under the age of 14 and deadlocked on a second count.
Dunn said she thought the outcome of the Havey trial had more to do with jurors' unwillingness to convict a Marine than with negative perceptions of the Perverted Justice witnesses.
Nolan, the Boston University professor, said serious issues are raised when police agencies partner with nonprofessionals on operations, not the least of which is that law enforcement has specific guidelines, rules and policies they must abide by in investigations.
"Perverted Justice, even though they are in fact acting as agents of law enforcement, are not abiding by the policies," Nolan said. "This is vigilantism. It's sensational vigilantism."
Log in as Guest without any password. I thought Perverted Justice had a 100% conviction rate?
Case RIF127881 Defendant 1284360 HAVEY, WILLIAM LAWRENCE
Defendant 1 of 1
Case RIF127881 Defendant 1284360 LAWRENCE, HAVEY WILLIAM
Action: Trial Readiness Conference Date: 08/17/2007 Time: 10:30 AM
Division: 02 Hearing Status: DISPOSED
HONORABLE DALLAS S. HOLMES PRESIDING.
COURTROOM ASSISTANT: LH-L. HALL
COURT REPORTER: DF-D. FRINGER
PEOPLE REPRESENTED BY DEPUTY DISTRICT ATTORNEY E. ZEKTSER.
DEFENDANT REPRESENTED BY PVT. WILL.
ORAL MOTION BY PVT C. WILL REGARDING MOTION TO DISMIS IS CALLED FOR HEARING.
COUNT(S) 1 DISMISSED IN THE INTEREST OF JUSTICE. (1385 PC)
CURRENT BAIL BOND EXONERATED.
**MINUTE ORDER OF COURT PROCEEDING**
Yet more proof the public cannot handle the registry in a civilized manner, and more reason it needs to be taken offline, like it was before.
THREE self-styled vigilantes have been jailed for a total of more than eight years for beating up a man they wrongly branded a pedophile in his own home.
Violence flared late after the trio, who had been attending a wedding reception at a nearby club, attacked Christopher Peters.
Southampton Crown Court heard that Mr Peters had become so concerned at the vendetta being waged against him by people living on his Hampshire estate that he installed a security camera at his house.
That night the CCTV showed James Nicholson Jr. shouting abuse and knocking over his fence.
Mr Peters went outside to make repairs but Nicholson Jr. jumped over the fence and as accomplice Andrew Smith held him, he was punched during a violent struggle.
The victim managed to get back indoors and called the police. A few minutes later there was a knock on the front door and Mr Peters, believing it to be the police, opened it to be confronted by Nicholson's father, also called James, who attacked him.
He was bundled through the hall into the kitchen where Nicholson Sr. punched him repeatedly. The other two men went into the sitting room where Smith held the victim's son, Anthony, by the scruff of the neck and Nicholson Jr. hit him in the face and body.
The three men left the house on the Netley View estate in Hythe taking the CCTV tape, which was later found destroyed.
Mr Peters said the abuse he had suffered at being labeled a pedophile had left him feeling "useless and scared". He was devastated and shocked by the assault and did not want to view his injuries in a mirror.
Nicholson Sr., a 52-year-old former soldier, of Cedar Road, Hythe, was convicted of inflicting grievous bodily harm and burglary. Said to have ten previous offenses, including wounding and causing actual bodily harm, he was jailed for three-and-a-half years.
His 19-year-old son, also of Cedar Road, who admitted causing damage, burglary, causing actual bodily harm and inflicting grievous bodily harm, was sent to prison for 28 months. He had eight previous convictions for 11 offenses including theft, causing damage and using threatening words or behavior.
Smith, 23, of Vanguard Road, Southampton, received 32 months after pleading guilty to causing actual bodily harm and grievous bodily harm. He had 15 previous convictions for more than 30 offenses that included assaulting police and using threatening words or behavior.
Passing sentence, Judge John Boggis QC stressed that Mr Peters "is not and has never been a pedophile. Even if he was, it should not cause members of the community to work out their prejudices and vengeance on him."
In mitigation for Nicholson Jr., Christopher Rimmer said the teenager's abuse of cannabis had affected his thinking and behavior and he had been at a low point after the break up of a relationship with his girlfriend.
"There was a misconception about the victim. That doesn't excuse him but he acted in a mistaken belief and now accepts he has been stupid. His remand in custody has been a wake up call and he is remorseful."
Smith denied throwing punches but accepted he had grabbed Anthony Peters by the scruff of the neck and by trying to pull Christopher Peters off the younger Nicholson, he had "facilitated" the attack on him.
Abigail Husbands, defending, said he had written a letter to Mr Peters and his family. "He not only regrets his action but is ashamed of them."
Christopher Baur, mitigating for Nicholson Sr., said he had gone completely over the top. He had spent six months in custody and as a result would probably lose his house because he and his wife couldn't meet mortgage payments."
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If the man has head and chest trauma, how the hell can you think that is NATURAL causes?
Inmate Died From Head, Chest Trauma
RIDGELAND -- Department of Corrections officials said that a Spartanburg man who was serving a sentence for sexual exploitation of minors was found dead at the prison.
An autopsy found that Thomas Walter Turner, 40, died of head and chest trauma.
Authorities said that they had initially thought that Turner died of natural causes. He was found dead at Ridgeland Correctional Institution about 8:45 p.m. on Nov. 20.
South Carolina Department of Corrections Communications Director Josh Gelinas said an investigation was begun immediately after the autopsy results were released.
In October 2005, Turner started serving a 16-year sentence for criminal sexual conduct with a minor.
Ridgeland is a medium security facility.
Turner was arrested in May 2005 after State Law Enforcement agents found pictures of boys and girls having sex on Turner's home computer.
At the time of that arrest, Turner was a registered sex offender, having been convicted of criminal sexual conduct with a minor in 1998.
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OLYMPIA -- Gov. Chris Gregoire and law enforcement officials in five counties are launching Operation Crackdown to catch dozens of sex offenders who are back on the streets, but haven't registered with authorities.
The governor, joined by sheriffs at her weekly news conference, called it a broad sweep by special units to locate and arrest sex offenders who have outstanding warrants. The state program, patterned after the U.S. marshal's Operation Falcon, will put more manpower on the streets during two-week crackdowns.
The cost, including overtime, could reach $100,000.
The program got under way in Yakima and King counties on Monday, with three arrests reported in Yakima. Later this week, the operation begins in Chelan and Douglas counties and next week extends to the Spokane area. More counties are to follow and repeat patrols will be authorized if needed.
The program is a follow-up to the new state law that makes it a felony to fail to register as a sex offender once released from prison. Chelan and King sheriffs said each of their counties have more than 30 offenders with outstanding warrants, most for failure to register.
King County Sheriff Sue Rahr said the county jail has enough space for new inmates.
Gregoire also announced that Attorney General Rob McKenna has given approval to expanding the state's ankle-bracelet monitoring of some high-risk sex offenders in their home communities.
The program, which began a few months ago, has about a dozen offenders on electronic monitoring, said acting state prison chief Eldon Vail. Originally, the state thought the bracelets could be ordered only for inmates who were convicted in the last few years, an estimated 50 ex-cons, but McKenna's opinion now allows that program to expand to perhaps 150, picking up inmates whose convictions were as early as 2000 and 2001, he said.
"Parents and community members need to know where sex offenders live so they can assist law enforcement in keeping our communities safe," Gregoire said. "When sex offenders violate the terms of their community supervision, they will be held accountable."
The actions grew out of a sex offender task force Gregoire appointed. The governor and her advisers have asked the Legislature to greatly expand community tracking of offenders and allow broader use of DNA testing.
The proposals include getting DNA samples for all registered sex offenders and expanding the new electronic monitoring program to Level 3 offenders who have already completed community supervision.
Recommendations also include a separate new sentencing system for sex offenders, stronger programs to track offenders in the community, more victims' advocates, and better communications among the courts.
The Democratic governor appointed the panel in response to the case of Terapon Adhahn, a convicted sex offender who pleaded not guilty to kidnapping, rape and murder charges in the July abduction and slaying of 12-year-old Zina Linnik of Tacoma.
The group was headed by Kitsap County Prosecutor Russ Hauge, and included representatives of law enforcement, sentencing experts, sex assault programs and victims' groups.
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CENTRAL FALLS — A week after rejecting calls for his resignation, the City Council member accused of sexually assaulting a 15-year-old boy stepped down, saying his continued presence on the council was distracting it from important business.
Ward 4 City Councilor Luis A. Gil submitted his letter of resignation yesterday. He changed his mind about resigning after Monday night’s council meeting, chagrined that coverage by the media focused on the fact that he didn’t show up, his lawyer, Richard K. Corley, said.
City Council President William Benson Jr. said Gil is doing the right thing, but should have done it sooner.
“He said he wasn’t going to miss any meetings, and then he missed the meeting,” Benson said.
Meanwhile, local newspaper and television reporters descended on the council chamber, curious about whether Gil would attend.
During a break, Councilwoman Eunice DeLaHoz said that, although Gil is innocent until proven guilty, the allegations are serious enough that he should step down.
Gil, 45, is a well-known Latino radio personality. His letter was addressed to Benson and hand-delivered to City Hall.
“It has been an honor to serve on the Central Falls City Council,” Gil said in the letter. “I am proud to have represented the people of the 4th Ward.”
“Unfortunately, the allegations that have been made against me have been a distraction from the work that the City Council must do to move Central Falls forward.”
“I have come to the difficult conclusion over the last 10 days that the best way to keep the focus on the important work of the City Council is for me to resign.”
The resignation, effective immediately, is expected to have little practical impact. There is just one council meeting remaining this year, Gil didn’t seek reelection and his term ends at the end of the year.
In public-relation terms, however, the resignation could be significant. As long as Gil remained in office, there was the risk the council would be tarnished by the allegations against him, Benson said.
That was why, when Gil was arrested, Mayor Charles D. Moreau called upon him to resign, and why, Benson said, he supported the mayor in that decision.
Gil was arrested Nov. 12, after he was found by Providence police with a 15-year-old boy in his car near the Henderson Bridge.
The boy, who had a bruise on his neck that he said Gil had given him, was in the back seat buttoning his jeans and trying to put his shirt on, according to the police report. Gil, who was the boy’s coach in the Central Falls Soccer Association, was in the driver’s seat with his pants pulled down below his knees, the report said.
Gil was charged with third-degree sexual assault. Gil’s lawyer said he continues to maintain his innocence. The decision to resign shouldn’t be misconstrued as an admission of guilt, Corley said.
In the letter of resignation, Gil said, “We live in the best country in the world, where those accused of crimes, like myself, have rights, including the right to be presumed innocent until proven guilty.”
“I look forward to my day in court. Until then, I wish my colleagues on the City Council the very best with the remaining work of this council term and the future work that awaits the next council.”
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ATTLEBORO - A guard at a state prison in Norfolk faces allegations he indecently touched a 20-year-old South Attleboro convenience store clerk while she was outside the store on her break.
Scott T. Regan, 40, of 105 Lussier Ave. in South Attleboro, pleaded innocent this week in Attleboro District Court to indecent assault and battery and open and gross lewdness.
Regan, a guard at the Bay State Correctional Center in Norfolk, was a regular customer at the Route 1 store and was known on a first name basis with the clerk, police said.
He is alleged to have indecently touched the woman Sunday night while she was outside the store on a cigarette break, according to court records.
The woman told other customers at the store about the incident who then told Regan to leave the store property, police said.
Regan was stopped in his car and was later charged after an investigation by Detective Timothy Cook Sr.
Cook was assisted by officers Timothy Cook Jr. and Karl Williams.
Regan was arraigned Monday in Attleboro District Court and is free without bail. He is due back in court Dec. 7.
Regan declined comment when reached Friday by The Sun Chronicle. He referred questions to his lawyer, who could not be reached Friday for comment.
Bay State Correctional Center is a medium security prison that houses about 300 inmates, many of whom are elderly, according to the state Department of Correction Web site.
Regan has been "detached" or suspended with pay pending the outcome of the case and a separate DOC investigation, said Diane Wiffin, a DOC spokeswoman.
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A legislative committee of the New Jersey Assembly has passed a bill (PDF) referred to as the Internet Dating Safety Act to the full Assembly, despite admissions from the bill's supporters that the legislation is flawed. While no one would disagree with the goal of improving the safety of Internet dating, New Jersey's initiative (based on a similar Florida bill that failed to pass), could create far more problems than it solves.
According to the proposal, all personals/dating web sites would be required to inform all New Jersey customers if they performed criminal background checks and whether or not individuals who failed these checks could still join the site. If that notification was restricted to a single page (possibly the login screen), it might not seem like much of an issue—but the New Jersey Assembly has other things in mind. Specifically, any online dating service would be required to present such notification upon the sending or reception of e-mail, on all New Jersey-based profiles, and on all web pages used to sign up a New Jersey member. It's no good trying to hide such notification in the fine print at the bottom—all such information must be posted in bold, capital letters with a minimum font size of 12.
Lest you think the Assembly was being a tad unfair to web sites that don't provide such services, the bill orders web sites that do conduct criminal background checks to state this fact prior to allowing communication between New Jersey members and other members, and when a new New Jerseyite signs up for the service. Again, all notification must be provided in bold capital letters and a font size of at least 12, because nothing says "I love you" like a giant disclaimer.
The real hammer, however, is reserved for those sites that might allow a convicted criminal to converse with anyone from New Jersey. Such a site would be required to notify its members that:
... criminal background screenings are not foolproof; that they may give members a false sense of security; that they are not a perfect safety solution; that criminals may circumvent even the most sophisticated search technology; that not all criminal records are public in all states and not all databases are up to date; that only publicly available convictions are included in the screening; and that screenings do not cover other types of convictions or arrests or any convictions from foreign countries.
At this point, it's reasonable to investigate what, exactly, the Assembly considers an appropriate background check. According to the text of the bill, a criminal background check refers to a name-based search for the presence of a felony conviction using either a public database compiled from actively reporting counties or a private database that's regularly maintained for the express purpose of providing such information.
That's all. No fingerprint scans and no searches based on employment records, Social Security numbers, or birth dates. All of these are common methods used in a real background check, but for the state of New Jersey, a simple name search works just fine. The question of what happens when anyone wishing to hide their previous convictions simply lies about their real name is not covered in the legislative act.
Similar bills aimed at moderating online dating have been proposed (and have failed) in Illinois, Michigan, Florida, Texas, Virginia, Ohio, and California. Most online dating services do not have the resources to collect and validate accurate background information on every single applicant and cannot reasonably be held responsible for the actions of an applicant who falsifies data to pass a background check. Meanwhile, the very fact that a web site prominently states that it does perform such background checks could create a false sense of security and actually lead to a greater number of potentially dangerous encounters.
The very act of requiring a background check before allowing an individual to socialize places an undue burden upon Internet communication. Once released, the vast majority of convicted felons are free to visit bars, attend sporting or musical events, and participate in any and all the various activities through which people meet and interact with each other. No legislature I'm aware of has ever passed a law requiring that all people wishing to visit a singles bar must first be subjected to a background check.
The backers of the New Jersey Internet Dating Safety Act undoubtedly feel that the law provides at least a measure of protection despite its flaws. In this case, however, users of such sites are probably better off assuming that their personal safety remains a personal responsibility, rather than placing faith in a background check that has little chance of uncovering any information on a person attempting to hide it.
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What the hell?? They are speculating and assuming and have no evidence or even a suspect, yet they put BS like this out in the news, why? It's FEAR-MONGERING and they clearing have no idea what the hell they are doing.
Madeleine McCann was killed in her family's holiday apartment when she screamed out in alarm at a pedophile intruder, it has been claimed.
Police believe the three-year-old may have been accidentally suffocated by a prowler who panicked when she shouted out.
Fearing that her cries would raise the alarm, he violently silenced her - accidentally killing her - and then grabbed her body and escaped, according to the new theory.
It was that fleeing man - carrying the slumped body of a child - who was spotted by the McCanns' friend Jane Tanner, it was claimed.
The theory was revealed in the respected Portuguese newspaper Publico, which carried a chilling recreation of the supposed chain of events.
The newspaper said the theory was "gaining increasing strength at the center of the police investigation". It came a week after Portugal's Attorney General Fernando Pinto Monteiro said he believed Madeleine was "probably dead".
The latest theory came as a blow to Kate and Gerry McCann, who have insisted they believe their daughter is being held somewhere alive.
But it does suggest that detectives are moving away from the belief that the couple were involved in her disappearance.
They are now working on the theory that a prowler monitored the family's routine during their week-long holiday, and carefully chose a moment to strike, Publico reported.
The couple's regular habits - including their meal times and their routine in checking on their children - made it 'easy' for the intruder to pick a moment when he did not think he would be disturbed, the newspaper claimed.
It carried a highly dramatized recreation of the supposed chain of events, which said: "An unexpected event thwarted the prospect of desire. A shout from the British child awakened from her sleep.
"The fear that she would be heard, the urgency to silence her, the violence, probably the suffocation and the unexpected death.
"All this is in minutes. Now one would have to take her out of there, close the door, escape quickly."
The theory was said to be "seriously considered" by senior police officers leading the investigation, but they have not ruled out other possibilities, including that the McCanns could have been involved.
Their spokesman Clarence Mitchell said the report was "extremely distressing" for the couple.
He said: "We do not believe that this is what happened to Madeleine. There has been no evidence to suggest this happened in the apartment at all.
"We are still firmly of the belief that Madeleine is alive and will be found."
The couple were named as official suspects in the case after specialist sniffer dogs detected microscopic traces of blood in their holiday apartment, and the "scent of death" in their hire car.
They have always insisted they believe Madeleine was taken alive from the apartment, and that their friend Miss Tanner saw the suspect fleeing with her.
A source close to the couple said the theory that a pedophile killed her inside the flat and then carried her body away was "ludicrous".
He said: "It is an absolutely ludicrous suggestion. If a pedophile had killed her in the apartment he would have left her there and fled.
"There is no way he would have carried her dead body through the streets where people would have witnessed it."
Mr McCann has told police he checked on the children at about 9pm, and then bumped into a friend, television producer Jeremy Wilkins, and stopped to speak to him.
While the two men were speaking the McCanns' friend Miss Tanner - one of the so-called Tapas Nine - said she walked past them and then saw the fleeing man moments later, at about 9.15pm.
Mr McCann has spoken of his belief that an intruder might have been hiding inside the flat already when he went to check on the children.
But it would still only give the alleged pedophile just a few minutes to supposedly disturb Madeleine into screaming, to accidentally suffocate her and then flee with her body by 9.15pm.
McCann spokesman Mr Mitchell said he did not believe an intruder would have had time to kill Madeleine and escape.
He said: "Any abductor would not have had time to do what is alleged here.
"The only point in this report to draw comfort from is the indication that police no longer believe that Kate and Gerry are involved in Madeleine's disappearance."
A nanny who used to work at the Ocean Club holiday complex has told the McCanns' private detectives that she saw a man trying to lift the window shutters at the same apartment where the McCanns later stayed.
The woman, who has not been named, said the man she saw in December last year looked like the other official suspect in the case, British expat Robert Murat.
His friends dismissed the alleged sighting as a smear and said it could not have been the 34-year-old as he was in Britain from October to January this year.
Miss Tanner has told the McCanns that she could not tell if the man she saw was Mr Murat, as she did not see his face. He denies any involvement in Madeleine's disappearance.
An investigating judge has to decide early next year whether to end the secrecy surrounding the Madeleine McCann case - and decide whether to let her parents and Robert Murat see the police evidence against them.
- I thought in a court of law, you were entitled to see all evidence against you?
Heart surgeon Gerry and GP Kate, both 39, have always protested their innocence and claimed an intruder took their daughter.
The McCanns have rubbished the suggestion - thought to have been top of the police list of theories until now - that Madeleine died by accident in their apartment and they disposed of her body as part of a "cover-up."
Claims emerged last night that Portuguese police had initially considered whether the couple could have sold their daughter to pedophiles.
Detectives reportedly believed the couple might have sold Madeleine to a criminal network to ease money worries,
According to sources, they spent "several days" investigating but the wild theory fell apart when they realized the couple were wealthy.
A police source told the Portuguese newspaper 24 Horas: "The police team in charge of the case investigated the possibility that the child had been sold by her own parents because of financial difficulties."
Detectives tried to inspect bank statements but were forced to conclude that the couple did not have money problems.
The McCanns, who are both doctors, live in a £500,000 house in Rothley, Leicestershire.
Police were said to be suspicious about reports that Mrs McCann screamed: "They've taken her" when she realized Madeleine was missing. She insists she shouted: "She's gone."
Detectives have been unable to seize the couple's bank statements, phone records covering this May or their medical records.
The public prosecutor in the case has refused to authorize such moves unless he sees stronger evidence against them.
View the article here | Court Ruling
From what Keen says, sounds like we can all stay where we are, or move back home, but I'd still wait until the Southern Center for Human Rights gets the official interpretation of the law. You can also contact your local Sheriff's office.
House Majority Leader Jerry Keen (Email) said Monday that Georgia has been left a safe haven for sex offenders as a result of a state Supreme Court ruling last week throwing out a key part of the 2006 sex offender law.
“Even if we come back early in January, which I think we intend to do, and put some restrictions in place ... they have given a grace period where if sex offenders are able to establish residency before we pass another bill, they are grandfathered in,” he said.
The court last Wednesday threw out a provision of the law that prohibits registered sex offenders from living within 1,000 feet of where children congregate. The court found the provision a “regulatory taking of appellant’s property without just and adequate compensation.”
The ruling came in the case of a registered sex offender who bought a home in Hampton that initially put him in compliance with the law because there were no schools, day care centers or other such gathering points for children nearby. But after a day care center was established within 1,000 feet of his home, he found himself in violation of the law.
Keen said the 1,000-foot residency requirement predates the 2006 sex offender law. “We just expanded it,” he said. But with the Supreme Court’s ruling, the residency requirement now is gone until lawmakers can see if it can be replaced.
“The net effect is that, this morning, any convicted felony sex offender can live anywhere in Georgia they want to with no restrictions,” he said. “Florida has a residency requirement. Alabama has a residency requirement. Where do you think those people are going to go to?”
Keen said he’s looking at a new law that would re-establish the residency requirement except for those who could prove they were in compliance with the law when they initially moved to a location, even if subsequent developments put them out of compliance with the law.
“I hope we can fix this. I’m waiting on a call from the attorney general. I would hope the state would appeal this - quickly - if for no other reason than getting it to the U.S. Supreme Court,” keen said.
Meanwhile, he said he is working with Rep. David Ralston, chairman of the Judiciary Non-Civil Committee, to try to craft a patch for the law.
“I received calls and e-mails all weekend from people concerned the ruling could make Georgia a safe haven,” he said.
This women needs to come back from wonderland! This man apparently knows what he's talking about. I have many items on this blog to back up what he's saying..
View the article here
Parolee's home is owned by proprietor of Racine eatery; owner of Somers restaurant is protesting
RACINE — Darcy Powell lives in a gray, nondescript house surrounded by a well-kept yard on a dead-end street.
There is no name on his mailbox. There is no car in the driveway. There is no sunlight that enters his house since the white shades are kept closed and down.
The dwelling he lives in is among four other houses on a roadway on the northwest edge of Kenosha County in the Town of Somers. On the other side of the two-lane road, there is a small basketball hoop in a driveway, a trampoline in a backyard and an assortment of children’s playthings.
Powell, who was convicted of two counts of second-degree sexual assault of a child and two counts of incest with a child in 1996, preyed on children for years. He now lives in the clutches of the state’s Chapter 980, a program that binds convicted sex offenders to a tightly supervised life outside of prison.
“He is living in his own little prison,” his mentor, Terry Maack, the deacon of St. Peter’s Catholic Church in Kenosha, said Sunday afternoon.
“I can’t talk ... I am not allowed to,” Powell said at his home
Maack indicated that Powell, who was released in 2005, is monitored by two tracking bracelets and cannot leave his house without being accompanied by a mentor. He is also given random 3-hour lie detector tests; is not to purchase, possess or consume drugs or alcohol; and is to have no contact with minors, the victims or victims’ families.
“He has 49 regulations that he has to live by, day to day, and he has never missed one fraction. He is trying and he realizes what he did was terrible and horrible,” said Maack, who described Powell as a model parolee. “The man’s penance is going to be for the rest of his life ... losing his family, knowing what he did and being shunned by society.”
Those protections, and his regret for his past, do not sway neighbors who say the 55-year-old’s proximity to children is a major source of concern. Adding to the already stirred emotions was the lack of notice from the state to residents of the area he moved to in September.
The issue boiled over Sunday morning when 20 protesters picketed outside Golden Keys restaurant, 5930 Washington Ave., Racine, owned by Gus and Ann Vassos. The Vassoses also own the house where Powell resides.
“No one informed us, we found out through an anonymous letter,” said a protester who initially refused to give her name but later identified herself as Anne Glowacki. “His placement is not the proper placement ... he shouldn’t be in that neighborhood because there are children there.”
Glowacki said that the state failed to inform neighbors when Powell moved to her neighborhood. She said that she does not dispute that sex offenders need to be placed and rehabilitated, but said that it should not be near children.
“I am sure there are areas in the county that would best serve those needs,” Glowacki said. “He needs to be moved to another location with no children.”
Bill Vassos, son of Ann and Gus Vassos, said that his father rents the house to the state and not to Powell directly.
“This business and that situation are two different things. It’s a shame they made it personal,” he said 2 hours after the protesters were dispersed by police officers.
Michael Aletto, owner of the HobNob Restaurant, 277 Sheridan Road, Somers, informed The Journal Times of the protest Wednesday. He is married to Anne Glowacki, the same woman interviewed at the protest. The couple lives in a mansion that sits on a private driveway that meets the end of Powell’s dead-end street.
Anne Glowacki said that the neighbors, the owner of the house and state officials are planning to discuss the issue sometime this week.
“There is a going to be a meeting ... there is no time set yet,” she said during a phone interview Sunday afternoon, after the protest.