Wednesday, August 6, 2008

Man sued over postings from fake sex advert

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Sounds like the same crap Perverted-Justice and the other vigilantes do! EncyclopediaDramatica is a team of people who go around harassing people all over the place, they are just like AbsoluteZeroUnited and Perverted-Justice. You send them a "cease and desists" and they will laugh at you, the best way is sue the HELL out of them! Go to YouTube and check out all their videos.

08/06/2008

Read the federal complaint

KIRKLAND -- Jason Fortuny says it was all about curiosity and he never meant to get such graphic replies. But his 2006 social experiment has left him defending himself against a federal lawsuit.

At first glance, the posting looked like any number of online ads explicitly seeking sex. But the ad on Craigslist purporting to be from a 27-year-old woman with long brown hair was actually placed by Fortuny, who collected the replies and posted them online.

One of the respondents was a Microsoft employee who sent a picture that depicted him exposing himself in his cubicle. He was fired.

Of the 178 responses to the fake ad were 145 photos of men "in various states of undress." The replies included e-mail addresses, names and in some cases, instant-messaging accounts and phone numbers.

Fortuny, 32, posted all of the replies, including the photos, names and contact information.

"It was really a goof. It was a one-off," Fortuny said on Tuesday. "I wasn't something I was expecting to get news coverage."

In an interview with the New York Times published over the weekend, Fortuny said he was "a normal person who does insane things on the Internet."

He admitted to authoring a blog titled "Megan Had It Coming," which purported to be written by the classmate of Megan Meier, who hanged herself after receiving cruel messages from who she thought was a boy on MySpace.

The messages to Megan were actually from a mother living down the street who wanted to know what Megan was saying about her own daughter, who had had a falling out with Megan.

As for the fake Craiglist ad, Fortuny said he never set out to embarrass anyone and was instead trying to start a conversation.

He admits it's an experiment that backfired, considering he's now facing a $75,000 lawsuit from one of the men who responded to the ad.

Fortuny called the lawsuit frivolous, but said he couldn't blame the victim for suing.

"The consequences on other people is a great conversation and it's one that we haven't fully resolved," he said.

Asked if he was being insensitive toward those whose information was posted, Fortuny responded, "Just because I don't empathize in this scenario does not mean that I never empathize."

Fortuny said anyone whose information he published as a result of the ad can have their response taken down by sending a cease-and-desist letter to encyclopediadramatica.com, where the information was first posted.

Due to the widespread coverage of the initial incident, however, many of the responses were copied to other sites, so removing a response from the main listing will likely do little to keep the information from public view.

In an an eight-page motion seeking to dismiss the complaint, Fortuny wrote "I am frequently rude, unsympathetic, unempathetic, and politically incorrect, to put it mildly. But there's no law against that."

Fortuny is representing himself in the federal lawsuit and said he had no means to afford a lawyer.




KY - Mother Charged For Selling Her Child For Sex

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08/06/2008

A Butler County mother is charged with selling her own child for sex.

The woman allegedly sold her 11-year-old daughter to Clint Nevitt, a convicted sex offender.

Nevitt is also accused of abusing a nine-year-old girl.

Both he and the 11-year-old girl's mother are in jail on a million dollar bond.

The woman's name is not being released to protect the identity of her daughter.


NC - Mecklenburg County Parks Sex Offender Ban Controversial

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08/06/2008

CHARLOTTE -- A ban on registered sex offenders in Mecklenburg County parks and recreation centers began Wednesday.

County commissioners passed the ban Tuesday night. It gives police and sheriff’s deputies the authority to check a person’s ID if they're acting suspiciously.

An attorney for Charlotte-Mecklenburg police said officers can't question just anyone. He said officers have to have reasonable cause.

Members of Charlotte’s American Civil Liberties Union disagree with the ordinance, however.

It’s sort of like a double jeopardy situation where we’re not going to ever let you forget this. Why don’t we just brand a big SP on their foreheads – sexual predator for life,” said Jim Gronquist, an ACLU member.

Offenders face a $500 fine and 20 days in jail.


OH - 700 Sex Offenders Challenge New Rules

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Now this is what I am talking about.  We need about 600,000 more in this law suit as well.  I just wish this was in the US Supreme court, and not just Ohio.

08/06/2008

COLUMBUSMore than 700 convicted sex offenders in Ohio are challenging a bill that would redefine the way they are classified.

10TV News talked to a convicted sex offender, who asked not to be identified, who pleaded guilty to rape when he was 29 years old.

"I made a mistake," the man said. "Every day I pay for it, every day."

The man, now 56, has served time behind bars, completed counseling and was about two years from not having to register as a sex offender, 10TV's Andy Hirsh reported.

"It's almost there," he said. "The nightmare would be over."

He recently received a letter from the attorney general's office informing him that he was reclassified as a Tier III sex offender, the most severe type under the new law. It requires him to register his address every 90 days for the rest of his life. The man is also subject to community notification wherever he lives, works or goes to school.

"I started crying," the man told 10TV News. "I just couldn't believe it."

At least 700 other sex offenders across the state are challenging the new law, claiming they are being punished a second time for their crimes.

"They're saying, 'Hey, I entered my plea of guilty under these conditions, these rules, and now you're enhancing them,'" said Franklin County Judge Charles Schneider.
- Yep, it's basically making a contract "null and void!"  Which is illegal!

Schneider is one of many judges in the state trying to determine if it is fair, Hirsch reported.

"Is it constitutional to change the rules as to this individual, from those that applied when he or she entered their plea?" Schneider said.
- NO!!! READ THE DAMN CONSTITUTION!!!!

The sex offender 10TV News talked to said no.

"I'm being punished again, after my sentence is over," he said. "I'm being punished every day."

Schneider said he expects to have his decision on Senate Bill 10 cases by the end of August. It would be the first ruling in Franklin County. An appeals court in northern Ohio has ruled the new law is unconstitutional.


VA - GPS Evidence Allowed

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08/05/2008

Judge says that warrantless GPS tracking of a Falls Church man accused of abduction was not unconstitutional.

GPS TRACKING data that led to the arrest of a man suspected in a series of sexual assaults in Fairfax County and Alexandria is admissible in court, according to a ruling made by Arlington County Circuit Court Judge Joanne Alpert.

Despite the fact that that the GPS device was used without a warrant, Alpert said that the evidence it collected in the case against David Foltz, a convicted sex offender who is being accused of abduction, is admissible.

“It was neither unlimited nor unreasonable,” she said. “The defendant has failed to show that there has been any actual invasion of his privacy.”
- You need a warrant to do this kind of stuff, or you did at one time, before the constitution became a paper weight!

Alpert’s ruling came after a two-day hearing in which Foltz’s lawyers, argued that the GPS tracking data, along with police eyewitness testimony that resulted from the data, should be dismissed because of fourth amendment rights violations.

“She gave us a fair hearing,” said Chris Leibig, Foltz’s lead attorney. “But we respectfully disagree with it.”

Leibig also said that he would appeal Alpert’s ruling on the GPS evidence issue if Foltz is convicted.

IN THE WINTER of 2008, a team of three Fairfax County Police detectives was trying to solve a series of nearly a dozen sexual assaults that occurred in the Springfield, Annandale and Falls Church areas.

Police believed that these attacks, as well as several that took place near the Van Dorn Metro Station in Alexandria, were committed by the same perpetrator.

“The attacks were unique,” said Fairfax County Detective Erik Stallings, “because they were physical and sexual assaults but they never rose to the level of rape.”

In nearly all of the attacks, a man wearing a mask approached from behind a woman walking alone on the street. The man would then proceed to attack the women and attempt to grope them.

However, the victims of these attacks offered widely varying descriptions of the heights, weights and ethnicity of their respective assailants.

IN JANUARY 2008, retired Fairfax County Police officer Jim Kraut heard about the series of sexual assaults in the media.

“It sounded amazingly like Foltz’s M.O.,” said Kraut. “It’s effectively a knock down and grab.”

Kraut, currently a security specialist with a local bank, had conducted surveillance on Foltz in 1990 in connection with another series of sexual assaults. Foltz eventually confessed in 1990 to committing six sexual assaults throughout eastern Fairfax County and also admitted to a 1986 rape. Foltz served several years in jail but was released in early 2007.

Kraut’s wife encouraged him to contact Fairfax County Police, something he had never done since retiring in 1990, and notify them of his perceived connection.

“I don’t recall any cases in my two careers where there was this activity and also this frequency,” Kraut said.

AT THAT POINT, Fairfax County Police had already identified Foltz as a person of interest in the case. But after receiving the tip from Kraut, Foltz became the prime suspect.

“I wanted to surveil David Foltz,” Stallings said. “I wanted to know what he was doing. The only way to stop him was to catch him in the act.
- So you should have been required to get a warrant to due so, like what WAS required at one time.  This is an invasion of privacy.

On Feb. 1, the detectives decided to place a GPS tracking device on a van that Foltz used for work.

Detective Jack Kirk of the Fairfax County Police Department’s surveillance unit monitored the GPS device. When Kirk checked the device on the afternoon of Feb. 5, he noticed that the van was driving very slowly in and out of residential neighborhoods. Kirk described this driving as a “hunting” pattern.

Later that day, Kirk’s GPS device showed that Foltz’s van had been parked that evening for a long period of time in Falls Church only a few blocks away from the site of a sexual assault that fit the pattern of the others.

Based on this information, the detectives decided to have several officers physically follow Foltz around on the assumption that he would attempt to commit another sexual assault sometime very soon.

Their assumptions were affirmed the next day.

On Feb. 6, Foltz was arrested and charged with abduction after police officers said they witnessed him attack a woman near his Falls Church home.

ARGUING IN Arlington County Circuit Court, where Falls Church crimes are tried, Leibig said that all the information police officers obtained from the GPS device should be deemed inadmissible.

He said that the police violated Foltz’s fourth amendment rights against illegal search and seizure when they placed the GPS device on his van without a warrant and without any predetermined limitations on what type of information they were looking for.

“They have zero standards [for GPS tracking],” Leibig said. “When you have a unit that believes that they can track anyone for any amount of time with no rules, that’s police discretion.”

Leibig also said that the eyewitness testimony of the police officers who allegedly saw Foltz commit the Feb. 6 assault should be inadmissible as well. “But for the GPS information, they would not have been doing the personal surveillance on Mr. Foltz,” he said.

ALPERT disagreed with this interpretation. While acknowledging that there is very little precedent concerning the use of GPS devices in police investigations, she ruled that Fairfax County Police Officers acted within the law when conducting warrantless surveillance of Foltz.

This court believes that the only thing necessary to put a device on a car is reasonable suspicion,” Alpert said. “The police clearly did have reasonable suspicion.”
- So this means, you can be tracked, without your knowledge, by the Gestapo, anytime they feel like it!

Unlike with a wiretap of a telephone, Alpert said that a GPS device only enhances the sensory ability of a detective and does not allow a detective to perform an act that would otherwise be impossible. In this sense, she said, a GPS device is more akin to binoculars or night-vision goggles.
- Oh give me a break!!!

The GPS data was information “the police could’ve obtained through their own sensory perception by surveilling him.”

Ultimately, Alpert ruled that the attaching of the GPS device to Foltz’s van did not violate his fourth amendment rights because “He had no reasonable expectation of privacy on the exterior of his vehicle.”

Foltz’s jury trial is scheduled to begin later this fall.


PA - Man admits morphing photos into child sex abuse image

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03/28/2008

In an unusual federal obscenity case, a Monroeville man admitted today that he used software for photographs to create computer images of a 14-year-old girl being sexually abused, although no actual abuse took place.

Henry Kendall pleaded guilty in federal court to one count of possession of obscene visual representation of the sexual abuse of children.

Federal prosecutors agreed to drop a second charge of possession of child pornography.

A girl known by Mr. Kendall was depicted on Mr. Kendall's computer in bondage and being sexually abused. Someone saw the images and reported them to authorities.

When they raided the home, U.S. postal inspectors and FBI agents said the man admitted to them that he used Photoshop software to create the bondage scenes and superimpose images of his penis into the pictures.

In court today, Assistant U.S. Attorney Stephen Kaufman told the judge that the images are "clearly obscene."

Under federal law, possession of any depictions of the sexual abuse of children, even fake ones, is illegal.


CT - Windsor Locks bans sex offenders

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08/06/2008

Windsor Locks (AP) -- Windsor Locks residents have become the latest to approve an ordinance banning sex offenders from some public places.

The ordinance, approved by a voice vote Tuesday at a town meeting, would prohibit registered sex offenders from the town's schools, parks, the public library, the senior center and the town hall gymnasium.

Under the ordinance, a registered sex offender found in any of those "safe zones" will be issued a warning, followed by a $99 fine for each additional offense.

Town officials say 17 registered sex offenders live or work in the town.

The ordinance, modeled after a similar ones in Danbury and Bristol, takes effect 30 days after it is published.


Surveillance Video Of Prison Murder of defrocked paedophile


CA - City OKs limits on sex offenders

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08/05/2008

EL MONTE - Local officials are further limiting where high-risk sex offenders can live in the city.

The City Council unanimously approved an ordinance that prohibits the city's sex offenders from living in motels and too close to child care facilities.

"There are very small portions in the city where they can now reside," said Jim Beres, the city's neighborhood services manager.

Now, there are 131 registered sex offenders that live within El Monte that the ordinance could apply to, but officials said that those sex offenders would be grandfathered in and would not be forced to move out.

Sex offenders can now only live in about 5 percent of the city.

The ordinance expands on state law, which prohibits sex offenders from living with 2,000 feet of schools and parks.

In addition to state law, El Monte's ordinance bans sex offenders from living within 2,000 feet of child care facilities, from living in motels or hotels and from having more than one sex offender living at a location.

Councilman Juventino "J" Gomez said Tuesday that he asked that the city look into "tightening up" the city's ordinance as other communities in the San Gabriel Valley have done recently.

Rosemead, Covina, Alhambra, West Covina and South El Monte have all recently imposed stricter guidelines on where sex offenders can live.

Alhambra implemented its ordinance in the spring.

"The impetus was that multiple sex offenders were being placed in one location, and that was a concern," said Alhambra police Chief James Hudson.
- When you pass these residency restrictions, it's common sense they are going to group together, because that is the only place they can live.  Even a moron can figure that out!

Immediately after the ordinance was implemented, the five sex offenders living in one home were removed.

"No further issues related to sex offenders in Alhambra have occurred," Hudson said.

In West Covina, officials passed restrictions on where sex offenders can live and loiter.

Among the restrictions is that they cannot live within 2,000 feet of child care centers and they cannot loiter within a 300-foot radius of child care centers, public and private schools, school bus stops, parks, public libraries, swimming pools and children's playgrounds.

El Monte officials said that they considered banning sex offenders outright from living in the city, such as South El Monte did.

Last month, South El Monte limited sex offenders from living 2,640 feet from any school, child care facility or park in the city - which means that there is no where in the city where sex offenders can live.

El Monte officials said they did not want to follow South El Monte's lead because aspects of Proposition 83, including the provision allowing local regulation over sex offenders, is still being challenged in court.

"If we went to that extreme," Beres said, "it may make us more vulnerable to litigation."

Proposition 83, commonly called Jessica's Law, passed by more than 70 percent of voters in 2006. It allows for cities to pass local ordinances that further restrict residency of sex offenders in a manner more restrictive that state law.

jennifer.mclain@sgvn.com - (626) 962-8811, Ext. 2477


OK - AG clarifies sex offender registration

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08/06/2008

OKLAHOMA CITY — Out-of-state sex offenders whose crimes meet the requirements of the Oklahoma Sex Offender Registration Act must register if they live, work or attend school in Oklahoma, according to an opinion from Attorney General Drew Edmondson's office.

The state Department of Corrections sought the opinion after some sex offenders who had been convicted in other states questioned why they had to register as sex offenders in Oklahoma when they didn't have to in the state where their crime was committed.

"We're pleased with the opinion, and it supports what we've been doing," DOC spokesman Jim Rabon said Tuesday.

Rabon said the department takes elements from a state or federal crime that was committed in another state and compares them with elements of the Oklahoma statute that most closely matches.

The opinion states that regardless of whether the elements required to prove the out-of-state violations are explicitly repeated in the Oklahoma law, the person with an out-of-state conviction or deferred sentence is required to register as a sex offender in Oklahoma.

Oklahoma has about 5,850 registered sex offenders, Rabon said.

Anyone subject to the Oklahoma Sex OffenderRegistration Act must register with both the Department of Corrections and the local law enforcement authority having jurisdiction in the area where the person lives or intends to live.


Sex Crimes Sell: To Catch a Predator

A rather old video, but has some good comments in it. No nudity involved!


Craigslist Sex Troll Gets Sued

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This is further proof that what the vigilantes out there do, is illegal, and they should be brought to justice and put in prison.

08/04/2008

Excerpt:
Jason Fortuny appeared in Sunday's New York Times magazine — but he may soon be appearing in court.

Nearly two years ago, Jason Fortuny placed a fake sex ad on Craigslist pretending to be a woman seeking casual sex, and then published the photographs of anyone who responded. Now one of his victims has filed a $75,000 lawsuit against Fortuny in U.S. District Court, and this summer (after four months of effort) finally obtained a valid address for Fortuny and issued a summons.

Two weeks ago — as the New York Times was preparing their article — Fortuny was writing an eight-page letter to the judge finally defending his "Craigslist experiment" against the legal charges, and offering his own testimony about the event. "I take it back," Fortuny wrote recently on his blog. "You might get sued if you do a Craigslist Experiment..."

But it's still very complicated.

According to the suit Fortuny "acted with actual malice to harm and deceive the individuals responding to the Craigslist ad." The suit demands a jury trial and seeks a full slate of damages — compensatory, statutory, and punitive, plus attorney's fees and costs.

"Plaintiff has suffered, and continues to suffer, harm arising from the foregoing wrongful conduct by Mr. Fortuny," the lawsuit complains, identifying the victim as John Doe and arguing that the incident affected his private life "and the manner in which he is viewed among family, friends, and colleagues."

Fortuny's prank traumatized John Doe, it argues, causing him to "suffer and continue to suffer from humiliation, embarrassment, lost opportunity of keeping his family together, and emotional distress."



FL - Sex Offender Hangs Himself In County Jail

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08/05/2008

Authorities say a man who was sentenced to five years in prison for having a sexual relationship with his daughter and fathering two children with her hanged himself at the Manatee County Jail.

Officials say 46-year-old Michael Mills used a makeshift noose of sheets and socks to hang himself inside his cell Monday night. He was last seen alive during an inmate head count at about 10:15 p.m. that night.

Mills was sentenced last Friday for a relationship with his daughter, Tammie, when she was a minor in Levy County. The pair have two daughters together. Both are in the custody of a child welfare agency.


To Catch a Predator or Entrapment?

Listen to the full audio here, or at Corrupted-Justice.com.


Doug Slain: 'We're losing teacher-student bonding in the name of fighting sexual abuse'

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08/05/2008

Recently criminal defense attorney Douglas R. Slain had an interesting post about teachers and accusations of sex abuse. In Hot For Teacher No More, Slain writes:

An AP report Friday showed that ten states have taken action in the past few months to crack down on sexually abusive teachers in our nation's schools.

This comes on the heels of a previous AP study that found 2570 educators had lost their teaching credentials or otherwise been sanctioned from 2001-05 because of sexual allegations involving students...

We are 100% behind the notion that sexually abusive educators have absolutely no business working in our children's schools...But what bothers us is the last paragraph of the report:

The training will focus not only on stopping sexual predators but on preventing simply inappropriate relationships, said schools Superintendent Jim Rex. Sometimes young, naive teachers do improper things, with no ill will toward the student, and get into trouble, such as texting students' cell phones or giving them a ride home.

"So much of what schools do is based on trust. Not only must kids trust their teachers, but parents have to trust those teachers too," Rex said. "And schools have to earn that trust each and every day."

We've all heard of doctors practicing defensive medicine - ordering up myriad tests to cover every base in an effort to avoid liability - but we're afraid that the educational climate is getting to a tipping point where teachers are practicing defensive mentoring. As we think back to our nascent years, we recall that our very best teachers were those who were indeed willing to cross an invisible barrier and give us that extra attention we sought or needed, the pat on the back when things weren't going well, or the ride home when our parents got stuck at work.

Granted, in our case the pat on the back never turned into a hand on the ass, but it is a shame that we're losing this teacher-student relationship that goes beyond the in-class pedagogy in the name of fighting sexual abuse. Clearly, the one-tenth of one percent of bad apple teachers are resulting in a significantly devalued education for the rest of our children.

When I taught school this was an issue--you want to be help the students and be close to them, but on the other hand you don't want to risk your career being lost over a false allegation. I remember one of my first experiences as a high school teacher, when a male administrator took a few of the new male teachers aside and told us the following story:

One time I was in my office and one of my students, an 11th grade girl, came to see me. She was upset about the bad grade she was getting in my class, and wanted me to change it.

She grew increasingly demanding and ended up threatening me that she would make a charge against me if I didn't give her the grade.

When I still refused, she stood up, tore her shirt, started screaming 'Help, Help, he's attacking me' and ran towards the door of the office . As she made for the door I saw 25 years of hard work and devotion to my students go down the drain.

Miraculously, there happened to be a female teacher right outside the door who had been waiting to talk to me. When the girl opened the door the female teacher stood in her way and told her that she had heard everything. It saved my career and my livelihood.

Slain's post continues here. To read more Doug Slain, see his blog http://www.californiacriminaldefenselawyerblog.com/ or click here.


CA - Sex offender ordinance poses dilemma for Supervisors

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08/05/2008

Kern County Supervisors are mulling over a proposal to repeal an ordinance that restricts where registered sex offenders can live. The problem, say supervisors who represent areas like Tehachapi, is that the ordinance makes metropolitan areas off-limits and pushes the problem into outlying areas.

The board approved the ordinance June 3 by a 3-2 vote, but shortly thereafter, supervisors Jon McQuiston and Don Maben -- joined by Ray Watson, who originally had voted for it -- were asking the full board to repeal it.

There’s not much space left in the metropolitan area that they can live in,” said Maben, who had asked for clariication of the legal meaning of licensed day care facilities and other issues left unresolved while the state Supreme Court considers Jessica’s Law, which establishes residency rules for sex offenders.

“Some issues are being challenged. We will get clarification,” Maben said.

In the meantime, County Counsel Bernard C. Barmann submitted a memorandum to the supervisors on July 15 summarizing the legal complications of the ordinance.

“As we have said,” Barmann wrote, “as goes the fate of Jessica’s Law, so goes the fate of our ordinance. Further, given the legal uncertainties and practicalities involved, we have doubts as to whether the District Attorney’s Office would elect to prosecute a state parole agent for violation of the new ordinance.”

The county ordinance prohibits registered sex offenders from moving to within 2,000 feet of any licensed day care facility within the unincorporated area of the county. The effect of the ordinance, according to County Counsel, is to prevent offenders from moving into 74 percent of the 54,000 residential parcels in the unincorporated area of the county.

Tehachapi Police Chief Jeff Kermode said, “there are a lot of constitutional questions...Jessica’s Law doesn’t give us enforcement tools. The county law (new ordinance) faces some of the same issues.

The county ordinance, he said, will have more of an effect on uncorporated areas rather than smaller cities, that can enact their own ordinances.

“It may force small cities to pass similar ordinances,” Kermode said. “Shafter passed an ordinance six months ago with specific distance requirements. Arvin considered one but the city council has not acted on it.”
- Exactly, one county passes a 2000 foot law, banishing sex offenders from the county, then another county does it.  Eventually the whole state is off limits, then, the law will come crumbling down due to being unconstitutional, because you cannot banish a sex offender from the whole state.

Jessica’s Law, he said, “states that local jurisdictions can create additional regulations.” Parolees, he said, are closely monitored by the state.

“My bigger concern is that lifetime registrants are no longer on parole and under state supervision.”

(Offenders in the county are on probation and are supervised by the county).

Ultimately, the sex offender parolees and those on probation will be without supervision three years after their release.

According to the Megan’s Law web site, 19 registered sex offenders live in the 93561 area code. Their addresses, photos, offenses and other characteristics are listed on the web site. The high risk and serious offenders have the most information listed, while information for lower-risk offenders may not include an address or other data.

Registered sex offenders are required to check in once a year or when they change addresses, Kermode said.

During the year he has been chief, the Tehachapi Police Department has made three arrests for registration violations, he said.

“It’s not too bad,” said Kermode of the sex offenders who live locally. “Most of them seem to play by the rules most of the time.”

He said, “I haven’t seen a need for it (a local ordinance) at this point.”

People in Tehachapi seem to look out for the children as a community.

“On one street,” Keromode said, “everybody on the street knows who the sex offender is. If he gets too close to a park or a school bus stop they’re on the phone to the police department.

“It’s one of the advantages of living in a small town.”


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