Friday, August 29, 2008

FL - SEX CRIMES RECENT WINS



By me posting this, it doesn't mean I am endorsing these people! See the video at the end.

State v. J; Judge: Deno Economou; Sarasota County

Sarasota Teacher Avoids Statutory Rape Charge, Prison, and Sex Offender Registration

FACTS: The client was charged with Unlawful sexual activity with certain minors (more commonly referred to as "statutory rape"). Florida Statute 794.05 reads as follows: A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony in the second degree. A felony in the second degree is punishable by a maximum of 15 years in Florida State Prison. At the time of this offense our client was 26 years of age and the victim was 17 years of age. According to police reports a friend of the victim reported to police that her friend was engaging in sexual contact with a teacher at her school. This charge almost always involves a defendant who feels confident that their underage partner will remain quiet about the relationship. A friend of the victim usually comes forward and makes another parent aware of the acitivity. The parents call police and criminal charges are filed. When the victim was initially questioned by police she denied the relationship. Further investigation by law enforcement led the victim's mother to have a conversation with the client at a local coffee shop. The mother was wired by police, and during a conversation with the mother the client allegedly admitted having contact with her daughter.

DEFENSE: The inconsistent statements on the part of the victim and other factors created proof problems for the Prosecution.

RESULT: The State dropped the Statutory Rape charge and the Client pled to a period of probation on a battery charge. He is not required to registar as a sex offender.


State v. G; Judge: Peters, Pinellas County

Romeo and Juliet Law Changes Lives

Most rational people would agree that sexual offender registration laws are necessary in today's society. However, there is great debate concerning the manner in which those laws are applied. "Romeo and Juliet" laws address situations involving consensual sexual relationships between teenage minors and young adults. Effective July 1, 2007, the Florida Legislature has revised many of the laws relating to these types of situations. Although it is still illegal for any adult to have sexual contact with a minor, the Legislature has acknowledged that there is a fundamental difference in situations where two young people within 4 years of age engage in consensual sexual contact, and other types of sexual offenses. The enactment of Florida Statute 943.04354, provides for a method by which certain people previously convicted of a "Romeo and Juliet" offense may petition to remove the requirement that they register as sexual offenders.

Our client had been previously convicted of a lewd and lascivious charge in Pinellas County Florida. The charge arose out of a consensual sexual relationship that occurred when our client was 19, and his partner was 15. At the time of the offense, the "victim" acknowledged that the sexual relationship was consensual, and did not wish to press charges. However, under the law she was technically not capable of giving consent. The State takes these types of allegations very seriously. The State Attorney's Office proceeded with the charges despite the victim's opposition. Eventually the client plead guilty and was convicted. Due to the exceptional circumstances surrounding the case, the Judge showed leniency and sentenced the client to house arrest followed by probation. However, due to the sexual nature of the offense the client was required to register as a sexual offender from that point on.

Over the course of the next several years, the client worked diligently toward completing the conditions of his probation. He went through sex offender counseling, completed community service and complied with all of his mandatory sex offender probation requirements. All the while, our client worked as a manager at a successful local business and attended business school fulltime pursuing his MBA. Eventually, our client completed probation without a single violation. He got married to his high school sweetheart, and bought a house.

To the casual observer, things seemed to be looking up for our client. Most people who knew out client never would have guessed that he had a criminal record, much less a prior sex crime. He was well respected by his co-workers and classmates. In fact, since his conviction, the client had not received so much as a traffic ticket. Despite all of his success, our client continued to pay for his conviction long after probation was over. As a sex offender, the client was required to register his name and address with FDLE for their on-line sex offender database. This information is accessible for anyone to see. While our client's charge was relatively minor compared to most sex offenses, his online registration record didn't tell the whole story. To the online viewer, our client's situation was indistinguishable from much more serious sex crimes. Over the first few years that our client's information was posted online, he was repeatedly threatened and harassed. Our client had his home vandalized, and had his tires slashed on numerous occasions. He considered moving, but he knew it would only be a matter of time before the harassment started again.

Over the years our client had come accustomed to life as a sex offender. However, it wasn't until he and his wife began to discuss having children that our client fully realized the implications of his past. As a sex offender, he would be prohibited from attending school functions, little league games, birthday parties, or any other type of event where children were present. This was too much for the young couple to bear. When they read about the Romeo and Juliet law in the newspaper, they called our office to see what could be done.

Upon first meeting the client, it was apparent that he was a perfect candidate for removal of the sex offender registration requirement. After carefully reviewing the situation, we drafted out petition and filed it. Because of the significance of the relief sought in this type of petition, there are special filing requirements within the statute. It is crucial that everything is done correctly, because if the petition is denied for any reason it may not be re-filed. Once the petition was properly filed, we contacted the prosecutor. Based on the circumstances, the prosecutor agreed to provide us with the victims contact information. After hearing about the petition, the victim agreed that the client's sex offender status should be removed. On the hearing date, the victim's father appeared in court on behalf of his daughter and testified for our client.

RESULT: The petition was granted. The client is no longer required to register as a sexual offender. If you would like to learn more about sex crimes link to tampasexcrimesattorney.com.


State v. B; Judge Perry, Judge Holder

Tampa man with troubled past gets another chance at sex offender probation.

A serious criminal record can follow a person for the rest of their life. Even when a person has turned their life around and moved on from a troubled past, a serious conviction can still come back to haunt them years later.

Our client was a perfect example of this situation. At 16 years old, our client was convicted of a sex offense in another state while on vacation. The charge arose out of a consensual sexual encounter with another minor. In many states this type of charge would not be considered a "sex offense," that requires registration as a sexual offender. However, our client was charged as an adult and labeled a sex offender. Shortly later our client returned to Florida, where he was also required to register as a sexual offender, on the basis of his out-of-state conviction. Our client soon realized that life would never be the same. The sexual offender designation had a far reaching impact on every aspect of his life. He was not allowed to return to his high school. His family was forced to sell their home and move to comply with stringent sex offender residency restrictions. As he got older, the client came to find that he did not have the same job opportunities available to his peers due to his prior record. However, the client was an extremely gifted musician. The pastor at his church arranged performances for him all over the state. Unfortunately, travelling for work turned out to be more difficult than anticipated. The sexual offender registration system is designed to monitor the whereabouts of potentially dangerous members of the community. There are very strict registration and reporting requirements. It was extremely difficult for our client to comply with these regulations given his hectic travelling schedule. Eventually it caught up with our client, and he was arrested and charged with failure to register as a sexual offender, a third degree felony. Due to his prior sex offense, the client scored very high on the Florida Criminal Punishment Code Scoresheet. The prosecutor is required to complete a scoresheet for every defendant in felony court. The scoresheet uses a formula that factors in a defendant's current charges and prior record to determine the permissible sentencing range. Needless to say a prior sex offense will almost always result in a very high score, usually resulting in mandatory prison for any future conviction. When our client went to court for this offense, the prosecutor took in to account the special circumstances in this case, and offered an extensive probation sentence in lieu of prison. (Our firm did not represent the client at this time.) The Judge mistakenly assumed that the client qualified for lifetime electronic monitoring under the Jessica Lunsford Act, based on his prior offense. The JLA requires that certain sex offenders wear an ankle monitor. The JLA usually does not apply if the defendant was under 18 years old at the time of the offense.

By the time client got out of jail, he had been evicted from his apartment. He was once again faced with the difficult task of finding an apartment complex that would rent to him, that was also acceptable to probation and in compliance with Florida Department of Law Enforcement regulations. Before long the client was violated for failing maintain a stable residence and arrested with no bond. Prison seemed imminent.

Fortunately, the client's family contacted our office right away. Since there was no bond on the VOP, our office immediately filed all the necessary paperwork to get our client's hearing date moved up.

Defense: The law says that to be held in violation of probation, it must be shown that the violation was "willful and substantial." In other words, a defendant should not be found in violation if the allegation arose out of circumstances that were beyond their control. There are important public police concerns behind the laws requiring sex offenders to keep the State informed of their place of residence. For that reason, prosecutors take these types of violations very seriously. Despite the prosecutors insistence on prison we were able to successfully argue that our client's failure to maintain a stable residence was due to circumstances beyond his control.

Result: The client was continued on probation.

Jessica Lunsford Act: After being continued on probation. Our office was able to take a closer look at the original terms of the client's probation. Upon review of the JLA designation, it was clear that our client did not qualify. Florida Statute 928.30 provides for mandatory lifetime electronic monitoring for certain types of sex offenses. The law surrounding this requirement is complex and often confusing. In most cases the defendant will not qualify if their sex offense occurred before they were eighteen years old. Since our client's offense occurred when he was 16, and he was not considered a "sexual predator," he did not qualify for the JLA, and thus the part of his original sentence requiring him to wear the ankle bracelet was illegal. We filed a "motion to correct illegal sentence" before the sentencing Judge which resulted in that requirement being removed. If you would like more information on sex crimes link to tampasexcrimesattorney.com.


State v. Y; Date: August 3, 2007

FACTS: The client was pulled over in Pasco County, Florida for speeding. During the stop of his vehicle the officer determined that there was a active out-of-state warrant for the client's arrest in Ohio. Unfortunately, the officer in that situation had to arrest our client, and transport him to the Pasco County Jail to await extradition to Ohio. The defendant had a very good job working with the government, and his incarceration in the Pasco County Jail was having a dramatic impact on his employment. Our office is typically retained to resolve warrants that emanate from Florida. However, many times it can be helpful to retain a lawyer in the jurisdiction that actually executed the out-of-state warrant.

Initially, the client retained our office and attempted to retain an attorney in Ohio. For some bizzare reason the attorney in Ohio refused to represent the defendant until he was actually transported to Ohio. This was extremely frustrating for the client and the client's family because it made it very difficult to resolve the criminal charge in Ohio without an Ohio criminal attorney to address the Prosecutor. Ultimately, we contacted the Ohio prosecutor and had discussions about the merits of the charge and their desire to prosecute this sex charge from 1990.

RESULT: The Ohio prosecutor dismissed the warrant and the defendant was released. Learn more about sex crimes at tampasexcrimesattorney.com.


EXPOSURE OF SEXUAL ORGANS

State v. F. ; Date: July 5, 2007

FACTS: The client was accused of exposing himself to children in his neighborhood at the front door of his home.

DEFENSE: During our discussion of this case with our client we became aware of the animosity between his family and a number of his neighbors. It appeared that some children may have been peering into the client's home and the exposure allegation was totally false.

RESULT: It is very common for these types of false allegations to escalate out of control. This client contacted our office right away, and we addressed the allegations with the State. Ultimately, the State "No Filed" the charges. Learn more at tampasexcrimesattorney.com.


LEWD & LASCIVIOUS BATTERY

State v. Z; Judge: Rick Defuria; Sarasota County; Date: May 21, 2007

FACTS: The Client (defendant) was charged with Lewd and Lascivious Battery and was looking at 15 years in Florida State Prison pursuant to the Florida Statutes. According to police reports, the client (35 years of age) met a 14 year old girl outside of his apartment, shortly after moving into the area. After a few visits to his home the girl engaged in consensual sex with our client. When the Client became aware of her age he ended the relationship immediately. This breakup greatly upset the victim. According to reports, the victim later broke into the client's home and stole a firearm, with the apparent intent to have him killed. The client became aware of the girl's plan and left the state.

During the course of their investigation, Law enforcement eventually requested that the client come into the station and give a sworn statement. The client agreed and was consequently charged with L&L battery. Unfortunately, this client never contacted our office prior to giving his recorded statement to police. This mistake was compounded by the client's lack of knowledge regarding Florida's statutory rape (sexual battery) laws. By failing to contact our office prior to questioning, the client potentially exposed himself to the much more serious charge of sexual battery.

In this situation the State Attorney's case hinged solely on the client's statement due the victim's lack of credibility. The victim had numerous prior juvenile arrests. In addition, she had burglarized the client's home in an effort to possibly have him killed.

It is important to remember that whenever you are approached by law enforcement to contact a lawyer immediately. Even if you feel your role or knowledge of a crime is minor, taking proper steps to contact an attorney immediately can have a drastic impact on your case.

RESULT: We eventually negotiated a deal with the The State that allowed the client to avoid prison. To learn more about sex crimes link to tampasexcrimesattorney.com.


HANDLING AND FONDLING A CHILD UNDER THE AGE OF SIXTEEN

State v. R; Judge: R. Timothy Peters; Date: April 3, 2007

FACTS: The client was charged with Handling and Fondling a Female Child Under the Age of Sixteen (2nd degree felony). The defendant had allegedly molested his children and grandchildren in 1992. The victim of the offense had a falling out with our client shortly before he was arrested out of state and extradited to Florida. The age of the charge made it problematic for the State Attorney to move forward on the Fondling charge. As a result, We made the State Attorney aware that we were filing a motion to dismiss the Fondling charge due to a violation of the Statute of Limitations. In response, the State claimed they would amend the charge to Sexual Battery (1st degree felony), in order to avoid the statute of limitations problem.

DEFENSE: The State could have moved forward on the Sexual Battery charge, but there were some serious issues as to the credibility of the victim. These credibility problems led to negotiations with the State.

RESULT: The client did no jail time. He entered a plea to a probationery sentence on a much less serious charge, which carried no sex offender designation. To learn more about sex crimes link to tampasexcrimesattorney.com.


MO - Jury awards man from Aurora $16 million for false sex abuse case

View the article here

08/29/2008

KANSAS CITY -- A federal jury awarded a man who was acquitted of molesting his adopted daughter $16 million on Friday. The verdict came in Theodore W. White Jr.’s lawsuit against his ex-wife and a Lee's Summit police officer.

White, who now lives in Aurora, spent more than five years in prison after a jury convicted him in 1999 of molesting the girl between 1995 and 1998. He got a new trial on appeal in 2002 after prosecutors revealed the lead detective, Richard McKinley, was dating White’s wife during the investigation. The ex-wife, Tina, is the mother of the girl and is now married to McKinley.

White’s second trial ended with a hung jury, which was split 11-1 in White’s favor. His acquittal in his third trial came in February 2005, and White left jail and moved to Aurora to be near his family, who supported him and raised money for his defense.

A month after returning to Aurora, family and friends held a party for him. Some of the jurors from the second trial attended the party. Those jurors sat through the third trial to show their support, and even travelled around Missouri to lobby on White's behalf.

White sued the McKinleys, the City of Lee’s Summit, and the city’s former police chief a month after his acquittal. He sought $100 million in damages.

The lawsuit charged McKinley made up the molestation charges and violated White’s rights. White says McKinley destroyed evidence and covered up and lied about having an affair with White’s wife, who was estranged from him at the time.

The jury awarded White $14 million in actual damages and $2 million in punitive damages. A judge dropped the city and the ex-chief from the lawsuit when the city agreed to pay any damages resulting from the lawsuit. McKinley now is a patrol officer in the Lee’s Summit Police Department.


KY - Family Defends Man Nearly Killed In Jail Beating

View the article here
Court Appearance

Video available at the site and below.

08/29/2008

He admitted being guilty of a terrible crime, but the family of a man beaten nearly to death says he should have received his punishment in a courtroom, not at the hands of inmates in jail.

Terry Fisher remains unresponsive in the hospital after police say he was attacked by 10 inmates. He plead guilty to sexually abusing a child earlier this month.

Jail officials say when they found 44-year old Fisher lying in his cell they thought he'd had a seizure. Then they realized he'd been beaten. His family says even though he pleaded guilty, he didn't deserve this punishment.

"Just to see him... The way he is now... Tears me to pieces," explains Fisher's older sister, Marilyn Johnson.
She even though he pleaded guilty to unlawful transaction with a minor and third degree sexual abuse charges, her younger brother should have been dealt with in court.

"It shouldn't have happened. He didn't deserve this."

"I don't think inmates should be allowed to decide who they whip and who they don't. Even if they're behind bars--- they still have rights," explained Tina Green, Fisher's niece.

She describes her uncle is a good, humble person who shouldn't have been charged with those crimes.

"I'd stake my life he didn't do it. I trust him completely with my children."

Green says right now Fisher is unresponsive and still bleeding from his brain. She says doctors at Cabell Hospital say he ma never make a full recovery.

"We pretty much know we'll never get our Terry back.... The jail time they would have given him is nothing compared to this. They've given him a life sentence. They've given us one. For the rest of our lives we'll have to take care of him."

Jailer Roger Webb says Fisher was separated from the general jail population and placed in an area with inmates charged with similar crimes.

Three of the ten inmates charged with beating Fisher have not been arrested because they were released from the Floyd County Detention Center before charges were filed.


CT - Teen faces prison for consensual sex

View the article here

Hey Mark, why isn't your own son, Joshua, in prison for molesting his 14 year old girl friend when he was 18?  Where the hell is the justice here?  Your son should be in prison for 10 years and on the shaming registry for life, like this kid, and see how he likes your Jessica's laws then, or better yet, why not 25 years like you are pushing for, huh?  What about the CHILD PORN you had on your machine which nobody seems to care about?  See the video at the end, to see Joshua Lunsford who should be cell mates with this child, IMO! Remember that saying Mark "save a child, hang a pedophile?" Guess that doesn't count when it's your own family! HYPOCRITE!!!

08/29/2008

A West Haven teenager faces four years imprisonment and lifetime placement on the sex offender registry for having what prosecutors said was consensual sex with a 14-year-old girl.
- Yet Joshua Lunsford, who was 18 and did the same with a 14 year old, gets 10 days in jail and NOT on the registry.  So where the hell is the justice in this?  Justice for some, but not all!!!

Alvin L. Murphy, 19, pleaded guilty Wednesday to second-degree sexual assault in Superior Court in Milford.

Murphy agreed to a sentence of 10 years in prison, suspended after he serves four years, and 10 years of probation. He entered his plea under the Alford Doctrine, which means he does not concede guilt, but admits there is likely enough evidence for a conviction.

Murphy was arrested after police learned he had sex with the minor victim on March 31, said Senior Assistant State's Attorney Charles Stango. Murphy knew the girl's age at the time, Stango said "It was a consensual relationship and act, but under the statute that doesn't matter," Stango said.

It is illegal to have sex with someone who is older than 13 but younger than 16 if the older party is more than two years older than the minor, according to state law.

Superior Court Judge John Ronan said he believes Murphy will have to register as a sex offender for the rest of his life, because Murphy has a prior sex offense conviction.

The conviction came when Murphy was a minor; it was treated as a youthful offender matter.

Ronan said he would allow Murphy's defense attorney, Vito Castignoli, to argue that the prior youthful offender conviction does not require lifetime sex offender registration. But Ronan said he does believe, "legally it does require a lifetime sex offender registration."

Castignoli said his client is aware of that possibility of lifetime sex offender registration and was ready to go ahead with the plea.

The victim's family was not in court Wednesday, but Stango said they agreed that Murphy should be prosecuted.

"Their immediate concern was if (Murphy) would be released on bond, but they are pleased with the disposition and I don't think they'll be here for the sentencing," Stango said.

Murphy has been held in lieu of $75,000 bail since his April arrest and is scheduled to be sentenced Nov. 5.



This reminds me of Mark's own son, who molested a 14 year old when he was 18. So why does Mark's son get 10 days in jail and not on the registry? Guess it's all in who you are and know. NO JUSTICE!!!


Amazing Grace - The Most Beautiful Song I Have Ever Heard



"Amazing Grace, how sweet the sound,
That saved a wretch like me....
I once was lost but now am found,
Was blind, but now, I see.

T'was Grace that taught...
my heart to fear.
And Grace, my fears relieved.
How precious did that Grace appear...
the hour I first believed.

Through many dangers, toils and snares...
we have already come.
T'was Grace that brought us safe thus far...
and Grace will lead us home.

The Lord has promised good to me...
His word my hope secures.
He will my shield and portion be...
as long as life endures.

When we've been here ten thousand years...
bright shining as the sun.
We've no less days to sing God's praise...
then when we've first begun.

"Amazing Grace, how sweet the sound,
That saved a wretch like me....
I once was lost but now am found,
Was blind, but now, I see.


MA - Sex offender fired from Tedesco

View the article here

08/29/2008

MARBLEHEAD — A Level 3 sex offender hired by the Tedesco Country Club has been fired from his job.

Nicholas McLeod, 23, of Lynn neglected to reveal his past convictions when he filled out an application recently to work at the club, manager Gregg Lindsay said.

An initial check of his record failed to uncover a 2001 conviction for open and gross lewdness and lascivious behavior and indecent assault and battery on a child.

In 2003, McLeod was convicted of rape and abuse of a child, indecent assault and battery on a child, and open and gross lewdness, according to the state Executive Office of Public Safety Web site.

"We do a prescreening of all employees," Lindsay said, "but nothing was discovered as a result of the first screening." He was subsequently alerted to McLeod's background on Monday by a state agency, which he declined to name.

McLeod was immediately placed on suspension, then fired.

The nature of McLeod's crime worried Lindsay, who saw a potential concern for club members particularly given that the crime involved a child.

"It's a family organization (at Tedesco)," he said. "We're very family-oriented."

Dismissing McLeod was a matter of security, according to Lindsay.

"Please understand that the safety of our members and that of the community as a whole is our primary concern."


VT - 'Justice for Brooke' : Friends of dead girl testify before lawmakers

View the article here

The man who did this, was on the registry, and was a known sex offender.  So this proves, no matter how many laws you pass or how tight you tighten the noose of sex offenders, it is not going to prevent a criminal from committing another crime, if that is their intent.  What about all the kids murdered by drug dealers selling them drugs, or gang members?  What about that registry?

08/29/2008

By Peter Hirschfeld Vermont Press Bureau

MONTPELIER — Jonathan Larson, a Randolph firefighter, arrived at a public hearing on sexual violence Thursday night at the Statehouse with a picture of Brooke Bennett pinned to his crisp white dress shirt.

Larson, a friend of Bennett's family, blamed lenient sex offender statutes for the murder of the 12-year-old girl that sang in his church each Sunday.

"I come before you today very scared of how Vermont is turning out," Larson told a panel of lawmakers. "(Bennett's) death could have been prevented … by installing stricter penalties for sex offenders."
- Stricter laws is not going to stop someone who is intent on committing another crime.

In an evening of emotional testimony, legislators mulling the issue of how to better protect Vermont's youth from sexual predators heard from a number of Randolph residents – who lived near Bennett's hometown of Braintree – seek-ing not only "Justice for Brooke," the motto etched on the pins they wore, but an assurance that the state's criminal justice system will prevent offenders from preying on new victims.
- So if you are waiting on the state to give you an assurance that the criminal justice system will prevent a criminal from committing another crime, you will be waiting until the end of the earth!

"In front of you are pictures of a precious life that has been lost," said Mary Larson, handing out photographs of Brooke Bennett. "Why? How could this possibly have happened? Never again should even one more child be the victim of a predator who remains free through a series of a broken criminal justice system's failings."
- So what about all the children killed by their own mothers, fathers, drugs, DUI offenders, gang members, or any other thing you can think of?  Do they not count?  Again, 10 million laws will not prevent any other crime against a child, period.  Everyone needs to wake up, you are not in Kansas anymore!

Larson, a close friend of Brooke Bennett's father, spent long hours in early July with the grieving family as they awaited word on the young girl's whereabouts.

"Every time the phone rang our bodies would shake from the inside out," she said. When police gathered the family to break the tragic news that Bennett's body had been discovered, she said, "our hearts sunk into our chest … How was this man allowed unrestricted access to young girls?"
- He was also on the registry, and your own family, from other news articles, knew he was a sex offender, but yet that still did not prevent this tragedy.  Nothing will, ever.  Many sexual crimes are committed by people who are NOT on the registry, and are NOT KNOWN sex offenders.  Look it up and you will see that is the fact!

The Senate Judiciary Committee is seeking answers to that question and others as it investigates Michael Jacques — the man charged in Bennett's disappearance — and his now-controversial trip through the Department of Corrections.

Jacques was convicted of aggravated sexual assault in 1993, sentenced to six years in jail and let out after almost four years for good behavior. He was released from state supervision altogether in 2003.

"I find it very difficult to believe the justice system let him go," Jonathan Larson said. "I think something needs to change, and it needs to change as soon as possible."
- Well, like all other criminals, they are sentenced and did their time.  If you want to lock people up for life, then you need to do it for ALL CRIMINALS.  How do you expect to solve the problem?  Again, you can put all people in prison for life, but more crimes will follow.  It's a fact!  History has proven that, and like usual, we never learn from history, yet repeat it.

Vermont's political leaders have yet to reach any consensus on what sort of change is needed. Gov. James Douglas (Contact) has touted the need for a 25-year mandatory minimum sentence for child sex offenders, an expanded sex-offender registry and civil confinement. Speaker of the House Gaye Symington, meanwhile, has focused on the need for special investigation units and stricter oversight of sex offenders already under state supervision and increased funding for prevention programs.
- Even if you locked them up for life, until they died, more vicious crimes like this will still occur.  Most people who commit sexual crimes, are those who are NOT on the registry and are not known.  So nothing you do will prevent another crime.  If we could do that, then I think all crime on the face of the planet would be eradicated by now, but it is not, and why is that?

Michael Yates, a father of three and grandfather of eight, walked one mile to attend Thursday's hearing. He told lawmakers they have neglected their duty to protect the public by failing to install 25-year mandatory minimums.
- See my comments above.  Killing them on the spot, or locking them up for life will not solve the problem.  WAKE UP FOLKS, YOU ARE LIVING IN FANTASY LAND!

"Every time I look at the news I see these crimes against children and it just tears me up," he said. "I can't understand why the state is letting this happen."
- Because the state wants to whip you up into a fear state, so they can declare martial law and then all our rights will be eradicated.  I feel it coming, just watch and see.  You always hear people bitching and moaning about these laws, but nobody has any real options that will work, why is that?  Again, you could kill anybody who commits a crime, on the spot, but do you think that would prevent other crime?  You are just plain stupid if you think that will work.

Yates said people like himself have lost faith in their elected leaders and that, in the absence of action, citizens will take matters into their own hands.
- So, are you inciting vigilante action here?  We might as well go back to the wild west days, and everyone get a gun and fend for yourself.  Then watch the fear factor go through the roof!!

"This 25-year minimum is the least they should get, as far as I'm concerned," he said. "If the state doesn't do something about it, the people will."
- Look, this man killed someone, so he should be in prison until he dies, period.  If you add 25 years as a minimum, then people who do harm children, will start killing them, because they know they will get less by doing so.  You see, this is not going to do anything, but make matters worse.  And again, another threat of vigilantism!

Kelly Prescott, however, warned lawmakers about the unintended consequences such legislation might have. Prescott, who works with victims of sexual violence in Lamoille County, said long, drawn-out trials can re-victimize survivors of sexual violence and often do not result in a conviction.

"These cases are the hardest cases to prove. I've witnessed two trials in three years, both were found not guilty, and in both cases the defendants re-victimized," Prescott said. "If Jessica's Law is passed, there's the potential for more cases to go to trial and more perpetrators going free."

Some in the audience, which included about 50 concerned citizens, legislators and social workers, called for a more comprehensive prevention strategy. Others asked for an immediate infusion of capital and manpower into special investigation units.

Sen. Dick Sears, chair of the Senate Judiciary Committee, said the range of ideas offered Thursday reinforced his own belief that no one law will stop the problem.
- Even 10 million laws will not "stop the problem!"

"If anyone thinks that one law is going to change things without a complete comprehensive package, it won't," said Sears, a Bennington County Democrat who does not oppose increasing mandatory minimum sentences. "We have to change a lot of things."
- Even "changing" things is not going to "solve the problem!"

For the friends and family of Bennett, however, only harsh punishments will quell the grief, anger and fear that have accompanied her murder. Laurie Miller, Bennett's middle school basketball coach, sobbed as she recounted the little girl's life.
- Because everyone is hell bent on revenge, instead of loving thy enemy, neighbor and everything else Jesus taught.  All the hypocrites who are making religion suit their needs, sure are showing their true character here, IMO.

"I saw Brooke every single day at school," she said.

And anyone who would victimize Bennett, or any other child, Miller said, needs to go away forever.
- I agree, he killed her, so he should be in prison until the day he dies.

"Once a sex offender, always a sex offender," she said. "I think they should be in jail for life."
- Well, this is wrong.  This is like saying "once a drunk, always a drunk" or "once a abusive person, always an abusing person" or "once an idiot always an idiot!"  You see how stupid that sounds!  There is many ex-sex offenders who committed one crime over 15 - 20 years ago, and have not committed another sex crime, so you see, that blows your thinking out of the water.  You been watching Oprah too much!


OH - Report details ‘kissing cop’ incident; disciplinary hearing set for today

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08/29/2008

ELYRIA — An Elyria police youth sex crimes detective who kissed a 17-year-old girl in the women’s restroom at Marc’s told fellow officers that he chose the restroom to make a pass at the girl because he knew there were no surveillance cameras there.

Det. Eric VanKerkhove, 39, said in a police interview that “he knew what he was going to do was morally wrong because he was married and also not right because he was in full EPD uniform,” according to a police report on the June 13 incident released Thursday.

VanKerkhove, who is suspended with pay, pleaded no contest Tuesday to misdemeanor charges of disorderly conduct and criminal trespass. Elyria Municipal Court Judge Lisa Locke Graves found VanKerkhove guilty and fined him $100.

Elyria police Chief Michael Medders said he will hold a disciplinary hearing with VanKerkhove today.

The report suggested that VanKerkhove could face administrative charges of conduct unbecoming a police officer, and Medders said punishment could range from a verbal reprimand to termination. The final decision, he said, will be made by Safety Service Director Chris Eichenlaub.

The girl told police that she and VanKerkhove, who had worked at the store as a security guard while off duty for the past three years, had a flirtatious relationship and their conversations sometimes had sexual overtones. While the girl said VanKerkhove knew her age, the detective said he believed she was older than 18.

She told police that the day VanKerkhove kissed her, he had escorted her to the back of the store with her cash drawer. After putting the drawer away, she said she told him that she was going to the restroom and the detective jokingly acted like he was going to follow her inside.

While she was inside a stall in the employees’ restroom, the girl said she heard someone come in and then she heard VanKerkhove ask, “Where did you go?”

When she came out of the stall, the girl said she asked VanKerkhove why he was in the women’s room, according to the report.

But instead of answering, the girl said, VanKerkhove put his hand on the back of her neck and pulled her toward his face and French-kissed her.

“Det. VanKerkhove described the kiss as a peck. He stated that the kiss was consensual,” the report said.

“Det. VanKerkhove advised officers that after the kiss, (the girl) pumped her fist in the air and said, ‘Yes.’ Det. VanKerkhove took this to mean that she enjoyed the kiss,” according to the police report.

The kiss lasted a moment and then VanKerkhove left the restroom, while the girl — who said she didn’t know what to do — washed her hands before following him out.

When VanKerkhove left the restroom, he ran into the store manager who asked him what he was doing in the women’s room.

VanKerkhove later told police he lied to the manager, telling him that the girl had been throwing paper at him and he followed her into the restroom to throw paper back at her, the report said.

“Det. VanKerkhove stated that he was afraid that he was going to get into trouble with his wife for kissing (the girl),” the report said. “He also stated that he did not want to get into trouble with the police department over the incident.”

The girl denied throwing paper at VanKerkhove, but didn’t report the kiss to the store until she talked with her mother, who told her to tell a female assistant manager.

After the girl told her about what happened, the assistant manager insisted on accompanying the girl whenever she left the area she normally worked in. The assistant manager told police that she and the girl did encounter VanKerkhove and the girl seemed uncomfortable around him.

VanKerkhove later asked the assistant manager what was wrong with the girl, and she told him that the girl was having a bad day.

The girl’s family told police that they didn’t want charges filed against VanKerkhove, so long as he no longer worked at the store. Marc’s also declined to press charges.

The manager told police that he’d had only one other complaint about VanKerkhove — that he had touched another female employee’s buttocks, but nothing ever came of the complaint, and VanKerkhove denied it when questioned by police.

Elyria City Prosecutor Jay Grunda said he reviewed the case and felt the disorderly conduct and criminal trespass charges were appropriate. The lips, he said, are not on a list of errogenous zones that state law defines as necessary to be touched for the incident to have been a sex crime.

The age of consent in Ohio is 16.

Grunda said he gave no special treatment to VanKerkhove.

“I had no idea who it was,” he said, because the report he reviewed didn’t contain the names of either VanKerkhove or the girl.

Medders also said the charges police filed against VanKerkhove were appropriate.

“If he would have kissed this girl anywhere but the restroom, there probably wouldn’t have been any charges,” he said.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.


AL - Convicted sex offender held until he provides an address

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So how in the hell is someone who is in jail or prison suppose to provide you with a address of where they will be living? They cannot get on the outside to find a place. So I guess he will be in jail for a long time then. This is just insane!

08/28/2008

A convicted sex offender will remain in Limestone County Jail until he can provide a suitable address for law-enforcement officials, an official said.

John Elliott Ferrell, 28, of 632 Glennaddle Ave., Anniston, was arrested Wednesday by the Limestone County Sheriff’s Department for violating the Community Notification Act. The act requires, among other things, that a convicted sex offender tell law-enforcement officials where they live or where they will be moving.

Chief Investigator Stanley McNatt said Ferrell failed to give law-enforcement officials an address where he would be living when he was released from prison.

“We will keep him hear until he supplies us with a suitable address where he will be living,” McNatt said.

Ferrell was registered as a sex offender in November 2007 after being convicted of first-degree sexual abuse involving a four-year-old male in Calhoun County, according to the U.S. Department of Justice.


KY - Police Investigating Assault Of Inmate

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Court Appearance

Video is available at the site, and below.

08/28/2008

An Eastern Kentucky inmate is in the hospital after police say he was nearly beaten to death in jail.

Ten inmates are accused of throwing the kicks and punches. It happened in the Floyd County Detention Center earlier this month. Thursday, the inmates were all charged with assault.

Police say 55 year old Terry Fisher is in very serious condition in Cabell-Huntington Hospital in West Virginia, but he's non-responsive and may not survive. Officers say he was in jail, accused of molesting a child, and investigators say that's no excuse for the attack.

Investigators believe ten inmates began hazing accused child molester, Terry Fisher, on his first day in jail. Three days later, police say it turned into major fighting.

"Some of the inmates went into a rage and Mr. Fisher was the target," said Det. Steve Little with the Prestonsburg Police Department.

He says the inmates beat Fisher almost to death, including stomping his head into the concrete floor.

"I am very upset that this happened," said Floyd County Jailer Roger Webb.

Jailer Webb says it happened in less than 30 minutes, during a shift change. He says officers did their midnight walk-through and Fisher was fine. At the 12:30 check, he was bloody and unconscious.

"You know, on occasions, tempers do flare, but this was beyond a flared temper," Webb said.

Webb says the cell is actually where he puts non-violent inmates. The ten accused are in jail on mostly theft or drug possession charges.

"Really, in this dorm, this should have never happened. Sometimes you can get one bad apple stirring up the dorm and cause a lot of serious problems," Webb said.

Police say one of the men involved is former social worker, Chris Newsome. He and six others, Ivan Gunnels, Matthew Ritchie, Stephen Jervis, Michael Rowland, Kevin Lee Woods and Larry Adkins are all accused of throwing the worst punches and are charged with first degree assault. David Johnson, Ronald Spurlock, and Keith Page are charged with fourth degree assault.
- Why are they not being charged with attempted murder?  That is what it is!

Police are still investigating how the hazing got out of hand.

"It is obvious to me, that Mr. Fisher was very scared to speak up about his safety," Det. Little said.

"Godspeed that he gets well," Webb said.

Police say the ten accused won't be getting out anytime soon.

Six of the inmates were arraigned Thursday afternoon. Keith Paige pleaded guilty. Chris Newsome, Matthew Ritchie, Stephen Jervis, Michael Rowland, and Kevin Lee Woods pleaded not guilty.

Jailers say three others were in the cell, but they did not participate in the alleged beating.