Saturday, July 26, 2008
You see, this man was ON THE REGISTRY and living with all these restrictions that come along with it, and the family of Brooke KNEW he was on the registry, but did it prevent him from committing another crime? So you see, the registry and laws are a FALSE SENSE OF SECURITY, which I and others have said MANY, MANY, MANY times. Video is available at the site.
"We are going to implement that law. And we're going to do everything we can to inform mothers and fathers about risk factors in their communities," says Lt. Gov. Brian Dubie, R-Vermont.
Dubie is pushing for Vermont to enact the federal laws for sex offender registration contained in the Adam Walsh Act.
A key part of the act requires all states to register all convicted sex offenders and make public their names, photos, offenses, and town and street of residence.
Failure to do so by next July could mean cuts in federal crime fighting grants.
- This is why they are pushing for these laws, MONEY!!!
But Dubie says the issue is not money-- it's public safety.
- Yeah, right!
"What can we do together to better protect the children of Vermont?" asks Dubie.
- No matter what you do, pass 10 million laws, and it will not prevent something like this from occurring again.
Currently, there are nearly 2,500 people on Vermont's sex offender registry. Their names, specific addresses, and offenses are known to police.
Only about 400 of the most dangerous offenders are listed in the public registry online, but you only get the county and town they live in.
And even for those high risk offenders, the system does not provide for community notification when an offender moves into your neighborhood.
There is no way to search by specific address to see if there are any offenders in your neighborhood.
The only way to get information from police about a specific offender is to already know a name and a neighborhood.
Dubie says he has already spoken with key lawmakers who have indicated they will support enhancing the registry.
Whether that means making public the names and specific addresses of all 2,500 sex offenders is an issue that lawmakers will have to consider. The legislature designed the current system with the intent of protecting privacy and making it easier for offenders to re-integrate into society after completing their sentences.
There has been a lot of clamor about Vermont's sex offender laws following the death of Brooke Bennett, but there is no indication that the registry system itself was an issue in her kidnapping.
FAIRBANKS -- The Alaska Supreme Court issued a ruling Friday that says the Alaska Sex Offender Registration Act cannot be used to punish those who were convicted of sex crimes before the act was passed by the Legislature.
The case, John Doe v. State of Alaska (PDF), involves a man who was convicted of sexually abusing his daughter in 1985. He served his sentence and was released in 1990, completed his parole in 1991 and probation in 1995. The Alaska Legislature passed the sex offender registration act in 1994. Doe was required to register with the state sex offender registry.
Friday’s ruling said the requirement to register under the act and provide personal information, which was then made publicly available in the sex offender database, was punitive. The act “imposes burdens that have the effect of adding punishment beyond what could be imposed when the crime was committed,” the ruling states.
Chief Justice Dana Fabe dissented, saying Alaska law is consistent with federal statutes.
The state sex offender registry is off-line until Monday, July 28, according to a note on the site.
TAMPA - A former school aide who was cleared of charges she molested a 6-year-old is suing the Tampa Police Department, charging that officials violated her rights and cast her in a false light when speaking to the media about the case.
Tamika Lane-Gardner's life was shattered two years ago after she was charged with felony sexual battery and charged with molesting the girl in a bathroom at Walton Academy for the Performance Arts, a Central Tampa charter school where Lane- Gardner worked as an office assistant.
Lane-Gardner spent 10 days in jail – most of that in solitary confinement – after her arrest before she was able to post bail, according to a lawsuit filed in Hillsborough Circuit Court last week and transferred to federal court this week.
Charges were later dropped by the state attorney's office after Lane-Gardner passed a lie-detector test and officials said there was no evidence to prove the charge. The state attorney's office also said there were credibility problems with the alleged victim.
Lane-Gardner's criminal defense attorneys informed the state attorney's office that in fall 2004 the child's mother had made "a strikingly similar accusation of sexual impropriety against a woman at a day care facility to whom the mother owed money." The state attorney's office was also informed that "the godmother of the alleged victim had firsthand knowledge of the alleged victim's mother coaching the alleged victim as to what to say happened" at the day care center.
- This "mother" needs to be in jail for awhile, or maybe prison. She could have ruined these people forever! And she goes around making bogus accusations like this and doesn't get any punishment for it!
By the time the charge was dropped, Lane-Gardner, the mother of two young children, "had incurred thousands of dollars in attorneys' fees and costs in defending herself from the sexual battery charge," the lawsuit states. She also suffered "severe emotional damages, damage to her reputation" and was "socially isolated and ostracized" because of statements made to the media by police spokesman Larry McKinnon, the lawsuit states.
The suit says Lane-Gardner now likely has to disclose her arrest on future applications for employment. Her arrest information still appears on the Hillsborough County sheriff's Web site "for all to see."
- Why is this still showing on her record? It should be wiped out as if it never occurred. This will cause further harm for her in getting possible jobs in the future.
The suit quotes McKinnon as telling reporters, "There was a penetration of the child, and that's what determines the case of sexual battery as opposed to lewd and lascivious or inappropriate touching." But, according to the lawsuit, there was no evidence of any penetration in the case.
"The City of Tampa has a policy, practice and/or custom that encourages or allows TPD employees to intentionally, or with reckless disregard for the truth, misrepresent material facts about pending cases to the media," the lawsuit alleges. This practice "contributed to a violation of Mrs. Lane-Gardner's constitutional rights."
The lawsuit also charges that the city and police chief permitted a pattern of "unjustified and unreasonable and illegal imprisonment by police officers."
Tampa police spokeswoman Laura McElroy wouldn't comment on the lawsuit. "Our policy doesn't allow us to comment on pending litigation," she said.
- But they can spew lies to the media about someone who did not even go to court and was found innocent. Yet, due to their immunity, they can get a way with crap like this. They should be held accountable for this, if you ask me. And I hope she wins her law suit.
McKinnon, who now works for the Hillsborough County Sheriff's Office, likewise said he couldn't comment on pending litigation.
Officer Allegedly Sent Graphic Images To Decoy Detective
DENVER -- A Colorado State Patrol officer arrested Friday faces charges of sexual exploitation of a child and Internet luring of a child.
Fort Lupton police said they arrested Justin Tolman at his home in Colorado Springs. Inside Tolman’s home, investigators collected evidence in an Internet sting operation that began in early May.
A Fort Lupton police detective posed online as a 14-year-old girl and was sent sexually explicit photos of men and woman in sexual acts, allegedly by Tolman.
Tolman didn't hide he was a state trooper, said Fort Lupton Detective Crystal Schwartz.
"The first conversation he sent a picture," Schwartz told 7NEWS.
"The picture was of a male in a Colorado State Patrol uniform standing next to a Colorado State Patrol vehicle,” said Fort Lupton Chief of Police Ron Grannis.
"I asked if he was a cop and he said, 'guilty,'" Schwartz said.
Detectives said Tolman instant-messaged the undercover detective and made graphic sexual statements in reference to what would happen when they met.
Fort Lupton police contacted the Colorado State Patrol about their suspicions, and the patrol “cooperated on all levels with the investigation,” Grannis said.
“Our children are our most valuable resource. We must do all we can to protect them from predators. The Internet has unfortunately become the stalking grounds of sexual predators,” he said.
Tolman was booked into the Weld County Jail.
"He is on paid administrative leave pending the outcome of the investigation," Colorado State Patrol Sgt. John Hahn told 7NEWS reporter Lane Lyon Friday.
Hahn said Tolman passed an extensive background check at the time he was hired in July of 2007.
Tolman graduated from CSP's training program and was assigned to the State Patrol office in Colorado Springs in December of 2007, Hahn said.
View the article here
Dominic Liversedge, 27, got to know her family when he played a lead role in an amateur dramatic production of musical Oklahoma.
His friendship with her developed with the approval of her parents.
He began texting her and the relationship progressed to kissing before Liversedge, who was expected to become an inspector by 30, touched her intimately.
Liversedge, who told two police colleagues in Cambridge about the relationship, admitted sexual activity with a girl under 16.
Judge Barbara Mensah told him at Luton crown court: "You should know more than anybody else that what you were doing was totally unacceptable."
View the article here
Woman went to his home to pick up her kids before alleged incident occurred
A Richland County sheriff’s deputy was fired and arrested Friday after a woman said he sexually assaulted her when she went to his home to pick up her children, authorities said.
Rodney J. Muller, 42, of Irmo, turned himself in around 3 p.m. and was charged with third-degree criminal sexual conduct, Sheriff Leon Lott said. He was taken to Alvin S. Glenn Detention Center.
At a hearing Friday night, Judge Phil Newsom set a cash or surety bond of $25,000, which means Muller can post 10 percent of that and be released.
Muller would not give a statement and is not cooperating with investigators, Sheriff’s Department spokeswoman Sgt. Kim Myers said.
Third-degree criminal sexual conduct is the charge when a person “uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances,” such as a threat of violence, according to state law. It is punishable by up to 10 years in prison.
A victim’s advocate told the judge the woman had suffered injuries to her right arm and was treated at Palmetto Health Richland where she went after the assault.
- Was a rape kit done?
The woman told hospital workers she had gone to Muller’s home Thursday afternoon to pick up her two children, authorities said. Muller’s wife runs a day care at their Chadford Road home.
When the woman arrived around 5 p.m., Muller’s wife and the children she cares for were not there. It is unclear where they went or why, authorities said.
Muller, who was off duty, was the only person home and is accused of grabbing the woman, taking off her clothes and sexually assaulting her, Lott said.
The children under his wife’s care were unharmed, Myers said.
According to authorities, the woman went to a hospital immediately after the assault. Hospital staff members contacted the Sheriff’s Department, prompting the investigation, Lott said.
The State newspaper generally does not identify victims of sexual assault.
Speaking at Muller’s bail hearing, the woman said she had recently moved to the area and was “just trying to get myself back on my feet.”
She said she was scared and requested a no-contact order against Muller, which the judge granted. Muller is not allowed to be within 100 yards of her.
Muller’s attorney, Byron E. Gipson, said at the hearing his client has told him he is not guilty.
Gipson said Muller, a father of five, had worked for the Department of Juvenile Justice for 19 years and has been married for nearly 20 years.
“He has a record of service to the community that is impeccable.”
Gipson said Muller was not a flight risk or a danger to the community, and requested a personal recognizance bond for his client, which would mean Muller wouldn’t have to put up any money.
Judge Newsom denied the request, noting the seriousness of the charges.
Lott said anyone who breaks the law is subject to prosecution and his officers are no exception.
“We are held to a higher standard,” Myers said.
Muller has been with the Sheriff’s Department since December 2007 and has no prior disciplinary history at the department, Myers said. He does not have an arrest record, according to the State Law Enforcement Division.
In May, Deputy Jerry Thomas was charged with three counts of receiving bribes, accused of accepting $10,000 over a year and a half to be a lookout for gambling houses and helping them set up.
Last month, school resource officer Eric Allen Barber was charged with misconduct in office. School officials reported he inappropriately hugged girls at Dent Middle School.
The day-care license for Muller’s wife was renewed in September 2007 and expires this September, according to Department of Social Services records. The day care, which is licensed to care for no more than six children at a time, last was inspected in May.
It is not clear how long the woman’s children have attended day care at the home.
View the article here
A bond reduction has again been rejected for the ex-Waukegan police officer accused of raping a woman while on duty.
Earlier this week the Second Judicial District Appellate Court in Elgin denied a request by Delatwan Haynes’ attorney to lower a $2 million bond.
The one-paragraph ruling submitted to Lake County courts Wednesday simply said the motion to reduce bond was denied.
Haynes’ attorney, Joel Brodsky, filed the motion with the appellate court after a bond reduction was denied in Lake County court. In his appeals, Brodsky sites the alleged victim’s admitted drug use, along with Haynes’ clean criminal record and his role as lone bread-winner, as reason for a reduction.
Haynes, 32, of Zion, was arrested in late June, following allegations that he groped and assaulted a Waukegan woman in a vacant Lewis Avenue parking lot, while he worked the midnight shift this January. He resigned from the department days after the allegations surfaced, and has since pleaded not guilty to four counts of aggravated criminal sexual assault, one count of aggravated kidnapping, two counts of aggravated sexual abuse and eight counts of misconduct.
CALDWELL - A Canyon County Grand Jury has indicted a Caldwell Police sergeant for sexual battery of a 17-year-old female.
The indictment against 38-year-old Dennis Paul Schat was handed down Wednesday.
Idaho State Police investigated the incident when it was disclosed in May 2008. Investigators say the sexual battery did not occur while Schat was on duty.
The case was turned over to the Ada County Prosecutor's Office due to a possible conflict of interest in Canyon County.
Schat was arrested Thursday and bond was set at $100,000. He was ordered to have no contact with the alleged victim or any other minors under 18.
"When state police detectives notified us of Dennis’ arrest we immediately telephoned all of the department employees," Caldwell Police Chief Chris Allgood wrote in a news release. "The employees took the news very hard and feel a mix of both sorrow and anger. We are still a small department and very much like a family; we have pretty much had the wind taken out of our sails."
Schat will be arraigned in Canyon County District Court at a later date.
View the article here
And people say it cannot happen to them, well, this proves otherwise!This man is getting rich from these idiotic mistakes.
CONCORD – A Pelham man claims he was arrested, jailed and forced to sign a sex offender registration form after being falsely identified as a sex offender in Massachusetts.
David and Catherine Clegg, filed suit this week against Pelham police and the Town of Pelham, after previously settling a related lawsuit in Massachusetts, court records show.
David Clegg got a letter from the Massachusetts Registry of Motor Vehicles on July 6, 2005, stating that he had been identified as an unregistered sex offender, and threatening to suspend his Massachusetts driver's license, according to the suit.
Clegg hadn't had a Massachusetts license in about 10 years at that point, his suit states, but he called the RMV and spoke with an employee who promised to look into the matter.
Three weeks later, July 28, 2005, Pelham police arrested Clegg, charging that he had failed to register with police as a sex offender, a misdemeanor offense punishable by up to a year in jail.
The charge was later dropped, and the Cleggs filed suit Wednesday against the town and Pelham police, charging false arrest and imprisonment, defamation and violation of various Constitutional rights.
Clegg charges that police refused to set bail, or let him see a lawyer, until he had filled out an "Offender Registration Information" form, effectively forcing him to falsely incriminate himself.
- I hope he signed it "UNDER DURESS?"
Police reported Clegg's arrest in a press release, stating that he was charged with failing to register as a sex offender, alleging that he had been convicted of rape in Massachusetts 20 years earlier.
Last year the Cleggs settled a lawsuit against LocatePLUS Corp., of Beverly, Mass., in U.S. District Court in Massachusetts, federal court records show.
The company operates databases of both public and non-public records for law enforcement, insurance companies, private investigators and the like, according to its Web site, www.locateplus.com. According to the Clegg's suit, the Massachusetts Executive Office of Public Safety contracted with LocatePLUS in conjunction with that state's Sex Offender Registry.
The Cleggs sued LocatePLUS in 2006, charging that the company incorrectly identified David Clegg as a sex offender. Their suit was settled out of court last year, court records show.
An attorney representing Locate PLUS, David Conti of Boston, Mass., said the state had hired the company essentially to help identify and locate potential unregistered sex offenders. Clegg apparently would have been required to register in Massachusetts, based on a conviction in the 1980s, but may not have been required to register in New Hampshire, Conti said.
- So it sounds like, from their vicious tactics, that if you have EVER been charged with ANY sex crime, you are considered a unregistered sex offender. At least that is how I see this. These people are just brutal!
Massachusetts law required that the state notify police where Clegg was living, however, Conti said.
"Our position was that he was convicted of a sex offense back in the 1980s," Conti said; however, he added, "We just settled the case, basically immediately."
Cleggs' suit against the Pelham police seeks compensation for lost wages and legal expenses, and also for "severe emotional distress and public humiliation, and damage to this good name, reputation and standing in the community."
The Cleggs are representing themselves in the suit against Pelham police, according to U.S. District Court records, but Catherine Clegg said Friday she wanted to consult a lawyer before commenting on the case. Neither David Clegg nor the lawyer who handled their previous suit against LocatePLUS, Daniel Sharp of Marblehead, Mass., returned calls seeking comment on the case Friday.
Andrew Wolfe can be reached at 603-504-6410 or email@example.com