Tuesday, September 9, 2008

Baby With 8 Broken Ribs Dies After Social Workers Leave Him With Abusive Parents

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And yet we have no registry for this? Why? If we must discriminate against a few groups, we should just have one registry of ALL CRIMINALS, so we are not discriminating and it's the same for everyone.


A 17-month-old baby boy was murdered by his mother and her boyfriend despite being on a council "at risk" register and having already suffered a catalogue of injuries including eight fractured ribs and a broken back that left him paralyzed, a British court heard Tuesday.

The child, who along with the two adults cannot be named for legal reasons, was subjected to "a course of assaults of increasing violence" over many months at his home in North London even though he was being monitored by experts, the Old Bailey was told.

He was examined many times by doctors and was seen by a health visitor, social workers and was put on the Haringey Child Protection Register under the category of neglect and physical abuse for nine months, a jury was told.

Despite this he received numerous injuries — computer-generated images of which were shown to jurors to protect them from having to see the real thing.

Parts of the boy's fingernails and fingertips were missing, his head was covered in ulcerated sores and the skin between his upper lip and gum had been torn which, the court heard, was "highly suggestive of non-accidental injury, usually by forcing the teat of a bottle into a child's mouth or by a hard glancing blow across the mouth."

His fingernails, it was said, may have been deliberately removed.

His spine may have been broken when he was forced over the back of an adult’s knee or banister rail, jurors heard.

He also had many bruises to his face and body and was probably bitten on his scalp by a dog at the house. The baby was hit so hard on the night that he died in August last year that one of his teeth was found in his stomach.

The tot's 27-year-old mother, who has other children, her boyfriend, 32, and another man, Jason Owen, 36, all deny murder. The two men deny causing or allowing the death of a child, although the mother has admitted allowing the death of a child, but denies causing the death.

Sally O'Neill, QC, for the prosecution, told the seven men and five women of the jury: "Over the last seven or eight months of his short life (this child) was subjected to a course of assaults of increasing violence.

"The Crown's case against these defendants is that either they themselves inflicted this unlawful force on (the child) or that they participated in a joint enterprise to do so."

"The death of any child is tragic. The death of a child in these circumstances is likely to fill any reasonable person with revulsion."

The trial, expected to last up to eight weeks, continues.

FL - Port St. Lucie Considers Tougher Sanctions For Sex Offenders

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City Leaders Propose Extending Distance Offenders Can Live Near Schools, Parks

PORT ST. LUCIE -- Port St. Lucie could become the next Florida city to toughen up on sex offenders.

City leaders discussed imposing tighter restrictions on where sex offenders can live.

Currently, registered sex offenders can’t live within 1,000 feet of schools, parks or day care centers, but some city council members want to extend that barrier.

“The only pushback I've received here personally are from people that have been labeled sexual offenders and, quite honestly, I think this is a good opportunity for the city of Port St. Lucie to say, ‘If you're a sexual offender in the city of Port St. Lucie, it might be time for you to leave, and if you're thinking about coming here, don't,’” councilwoman Michelle Berger said.
- So lets say every state and county in this USSA had this same mentality.  Where the hell do you expect ex-offenders to live?  HEIL HITLER!!!

The proposal is still in its early stages.

A public hearing on the issue will be held later this month.

CA - California's Anti-Homosexual Laws are Alive and Unwell

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Is a blatant anti-homosexual law alive and unwell in the state of California? 286 (e) of the California Penal Code makes it a misdemeanor to engage in consensual sodomy while incarcerated. Subsection ‘e’ is the only law on the books that I know of prohibiting consensual sodomy with an adult. Given the need for rules and discipline in a penal setting, as well as to protect those who might be involved in a not-so-consensual manner, the presence of the law itself is not the question here. The question lies in its inclusion in PC 290.

PC 290 requires those with past convictions of certain sex offenses to register with the police for the rest of their lives. The law came into effect in 1998, but because the laws protecting people from retroactive punishment take a hiatus when it comes to sex offenders, those convicted prior to the law’s effect must register. Therefore, the many people out there who took a deal prior to 1998 for a relatively lenient sentence, whatever their chances of winning at trial (or whatever may have actually happened), face a possible felony conviction if they fail to make their sex offender status public, forever.

A recent client, CF, was convicted of PC 286 (e) in 1985 when he was 18. He says he is still a friend of the other person involved (there’s no place for the word “victim” here). He is currently on parole for 2nd degree, or commercial, burglary. Given the aforementioned hiatus from the laws against retroactive punishment, a parolee with a 290 offense at any time in his or her past is subject to the residency restrictions of Proposition 83, or “Jessica’s Law”: They cannot reside within 2000 feet of a park or a school. In other words, someone paroled to a Bay Area county with these conditions will likely be homeless by law.

When I saw that CF’s sole 290 offense was the PC 286 (e) conviction in 1985, I went to the Penal Code hoping for that “gotcha” moment where I could show the Board of Prison Terms that he never had to register in the first place. That moment never came: The list in PC 290 includes all of PC 286, with no subsections excluded. Therefore, a person whose sole sex offense was consensual sex with another adult (over 20 years ago) has to register as a sex offender for the rest of his life and must be homeless while on parole.

The inclusion of PC 286 (e) in PC 290, or rather, the non-exclusion of subsection (e), was either missed by the legislature or is a blatant anti-homosexual law in which Justice Scalia can take some small comfort after laws prohibiting consensual sodomy outside the prison walls were found unconstitutional. Feel free to contact your California representative and inform her or him about the mistaken and/or bigoted inclusion of Section 286 (e) of the California Penal Code in Section 290.

Marc Gardner is a defense lawyer in the Bay Area. He can be reached at: marcgardner@earthlink.net

WI - Sex offender ordinance approved

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MAYVILLE — An ounce of prevention is worth a pound of cure.

That's why the Mayville Common Council approved a sex offender residency restriction ordinance on Monday night.

"We don't have a problem that prompted this," said Mayor Tracy Heron. "The chief (Bill Linzenmeyer) saw the ordinance somewhere else and brought it to the council. This is a very proactive move that will be a positive thing in the future. It's a very good idea."

The public safety committee had unanimously recommended forwarding the ordinance to the council on July 21 after the city attorney expressed confidence that it would stand up in court.

Linzenmeyer, who calls Mayville a rental haven for potential high risk sex offenders, encouraged the committee on June 16 to review the ordinance modeled after one adopted by Green Bay. He changed some of the language to fit the environment of Mayville.

"This is all about protecting the children in the community, and we're saying we have something to say about where you live," Linzenmeyer said.
- And if they are able to do this for one group of people, then when they want to build something where you live, or just don't like you living there, from what they are saying here, they have a right to tell you to move.  No where in the constitution does it say they have this power, no where!

The ordinance prohibits any designated sex offender from establishing a permanent or temporary residence within 1,200 feet of any school, licensed day care center, park, trail, playground or place of worship or any other place designated by the city as a place where children are known to congregate.

Restricted areas are clearly outlined on a map of the city.

"We have the map here at city hall if anyone wants to see it," said Alderwoman Dottie Hoy.

A board to administer the ordinance, made up of the mayor and common council, was also approved wit a unanimous vote.

Tips To Protect Yourself On The Internet

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Are you having trouble with people accessing your email accounts or using your identity on MySpace or FaceBook? Are people impersonating you on porn sites or are you getting unwanted phone calls?

Jayne Hitchcock, president of WHOA (Working to Halt Online Abuse) has offered 10 pieces of advice in how to remain safe online http://www.haltabuse.org/

1) Create hard to guess passwords. Yes, they’re harder to remember, but they’re harder for someone to figure out and get into your accounts online or offline. Make your password a combination of at least letters and numbers, and if you can, add some symbols to it, like $t()()p1d (which translates to stupid - see what I did?)

2) Make your Myspace, Facebook, AOL or other profile private so that only those on your Friends list can view it.

3) On that note, only approve people who REALLY are your friends, because once you make them a friend, they can view EVERYTHING you put in your profile, blog, photos, etc.

4) Put as little personal info about you in your online profiles. Don’t use your first and last name together anywhere in the profile, especially as the name of your account, such as myspace.com/johndoe. Don’t post your cell, home phone or address. Don’t put where your work unless you want people who get mad at you, want revenge or just want to be idiots call your workplace and cause trouble for you.

5) Don’t post provocative or controversial photos or videos online anywhere. This can affect you now or later in life. You could lose a job, a spouse, a potential date, a scholarship, admission to a college, etc. Get my drift?

6) DO NOT let anyone take sex photos or videos of you. They WILL eventually show up online, guaranteed. I don’t care how much you “love” them now. Don’t do it.

7) Make sure your computer has a good antivirus AND firewall program installed and keep it updated. Pay for the renewals every year. If you’re really worried about online security, consider a hardware firewall. Go to your local computer store, Best Buy, Circuit City, etc for advice on what would work best for you. An unprotected computer is an open door for the real hackers.

8) If someone does guess your password and gets into your accounts, immediately go in and change the password(s) before they do. If they’ve already done that, then contact the content provider or your ISP to let them know your account has been compromised.

9) You are not anonymous online. Even if you open up a free email account through somewhere like Hotmail, Yahoo, Gmail, etc, harassing messages can and will be traced back to you. If you’re that ticked off at someone, take a step back, really think about it and realize it’s not worth it. Or you’ll be taken in by Internet Road Rage. Just like some people get so mad driving down the highway, snap and begin chasing someone in a road rage incident, the same thing happens on the information superhighway. And the consequences could be jail time, loss of a job, suspension from school, or a divorce or breakup. Is it really worth it to “chase” someone online because they ticked you off?

10) Finally: If you wouldn’t let your grandmother view it, don’t post it online; if you wouldn’t say it to someone’s face, don’t send that email or post it online; and if you don’t want things you’re doing now online follow you later in life, JUST DON’T DO IT.

For more information on staying safer online, visit Hitchcock’s book’s web site, Net Crimes & Misdemeanors. If you are a victim of online harassment, cyberstalking or bullying, visit Working to Halt Online Abuse and for kids/teens who are being bullied or harassed online, go to our Kids/Teens Division at WHOA-KTD - click on Need Help? and follow the instructions from there.


NV - State Supreme Court won’t rule on teen sex offender law

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Kids cannot consent to sex until 16 in most states, cannot drive until 16 or 18, cannot smoke until 18, cannot drink until 21, but yet they can be tried as an adult, when they are not an adult, by law, when they commit some "crime!"


CARSON CITY -- The Nevada Supreme Court has declined to rule on the constitutionality of a new law stating that teenage sex offenders can be punished as adults.

The court dismissed the appeal of Clark County in 21 cases that these youth, who were 14 years old and older and had committed sexual acts, had to register as sex offenders.

District Judge William Voy of the Clark County Family Court ruled that a part of a new law involving sexual offenses by teenagers was invalid. He said setting the age at 14 was arbitrary. There should be a basis for setting that age, he said.

In his decision, Voy said some youngsters who are younger than 14 are just as disposed to committing another sex crime and the law takes away the discretion of the courts.

In dismissing the appeal, the Supreme Court said the decision of Judge Voy is not a final judgment in the cases of these 21 juveniles. “We lack jurisdiction to consider these appeals,” said the three-justice panel of the Supreme Court.

The 2007 Legislature patterned the law after the federal Adam Walsh Act that included many teenage sex offenders age 14 and older with adults in requirements for sex offender registration and community notification.

The federal act said the states must enact similar laws or lose federal funds.

LA - Unified police officer gets 20 years in rape

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And these are the people we are suppose to trust, and send your kids to, if in trouble?  I don't think so!


Ian Mitchell King was convicted in February and will be registered as a sex offender.

By Victoria Kim, Los Angeles Times Staff Writer

A Los Angeles school police officer was sentenced to 20 years in state prison for raping a woman while on duty, authorities said today.

Ian Mitchell King, 35, was sentenced Friday after he was convicted in February of five counts of sexual battery, unlawful penetration, and rape by a public official.

The Los Angeles Unified School District officer had pulled over a 21-year-old woman just after midnight on May 3, 2007, and pretended to search for drugs, then raped her, according to a probation officer's report.

"The defendant used his position to sexually assault and humiliate an innocent female victim," the probation officer wrote in the report.

King had previously been convicted of two misdemeanors, including battery and carrying a loaded firearm, according to the report. He will be registered as a sex offender.

KY - Helping sex offenders get back on their feet

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Video available at the site. See this document which seems to go against what this reporter is saying.


(WHAS11) - Some of your Louisville Metro tax dollars are being used to help just released sex offenders get back on their feet.

A WHAS11 News investigation has found that none of the grant money that’s going to the “next steps” program was supposed to be used to help sex offenders.
- See the link above, which seems to say otherwise.

Millions of dollars from the government is going towards helping sex offenders get back on their feet in Louisville but that money wasn’t supposed to go to them.

Georgetta Duncan came to this country from Bulgaria in 1989. Since then, she says she’s developed a soft spot for convicted felons who are just getting out of prison.

That’s why Duncan is renovating a building in west Louisville, to develop more low cost housing for former inmates through her program called Nexstep to independence incorporated. Last year Nexstep got a $25,000 dollar grant from Louisville Metro Government to help house felons in the apartments Duncan owned.

Yes it is in the grant agreement that Nexstep won’t let sex offenders in its program.

But according to Kentucky’s sex offender registry, more than three dozen convicted sex offenders live in the apartment buildings which, Duncan says, she owned until October. Many of those sex offenders are still in Duncan’s Nexstep program.

Mayor Abramson’s spokesman Chad Carlton says there were concerns raised at metro hall about the Nexstep program but the metro council added money in the budget. Some of those payments are on hold, as is the $17,500 Nexstep is slated to get this fiscal year.

GA - Injustice in the new South

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Rebekah Ward tells the story of a victim of the Georgia injustice system.

GEORGIA IS a pretty dangerous place to live. There's a surprisingly high chance that you'll end up in prison, whether or not you committed any crime.

Around six out of every 1,000 residents is behind bars, according to a Pew Center report released this year--which makes Georgia second only to Texas in incarcerating its population. With 55,205 prison inmates as of January of this year, Georgia's growth in prisons and high incarceration rates don't reflect a parallel increase in crime. The Pew study showed that more people are behind bars mainly because of tough sentencing measures, such as "three strikes" laws that result in longer prison stays.

"We have some of the harshest laws in the country that don't give folks the opportunity for parole in some cases altogether, and in others, not until they've served a long period of time in prison," said John Cole Vodicka, director of the Prison & Jail Project in Americus, Ga. "Our mentality is just 'lock 'em up.'"

And justice isn't blind to race in Georgia. Overall, one of every 30 men between the ages of 20 and 34 is behind bars--for Black men of that age range, it's one in nine.

The case of Troy Davis, an innocent man who Georgia is trying to execute this fall, is a glaring example. In his case, the courts have decided that innocence doesn't matter as long as a defendant received proper trial procedure.

THIS IS the backdrop to the arrest and incarceration of another innocent Black man, Marion McGauley.

McGauley left for work one morning in February 2005 after an argument with his partner, and during the drive, he was surprised by the overwhelming police presence behind him. He pulled his vehicle over to let the police to pass, only to discover that he was the person they were pursuing.

McGauley was summarily maced by the officers, handcuffed and booked for several offenses, including aggravated assault of his partner (a charge that requires a weapon or intent to murder) and obstruction of justice (writhing while being maced by the police).

In filling out paperwork for posting bond, McGauley mistakenly wrote Douglas, Ga., the name of the county, instead of Douglasville, Ga., the county seat. When the typo was discovered, this served as a pretext for issuing a warrant for his arrest.

McGauley's partner sent several letters to the presiding judge, David Emerson, and the district attorney, explaining that no assault had occurred and requesting that the charges against McGauley be dropped. Despite this evidence that no crime had occurred--outside of a typo on some paperwork--the charges stayed in place.

After his lawyer told him he could be sentenced to 20 years in prison if convicted, McGauley reluctantly agreed to plead guilty. "I'm tired, Your Honor, and I just kind of want to get it over with," he said, according to court transcripts. "I was just really trying to do the best thing, and that's why I really felt I wanted to plead not guilty."

McGauley was told that he would get a 2-year sentence for pleading guilty. Instead, he was given a sentence of five to 10 years in prison.

McGauley is diabetic, and while in the county jail, he developed several serious illnesses due to improper treatment of his condition. He got only medical indifference, which has left him almost blind even after four surgeries on his eyes. He has repeatedly fainted due to low blood sugar, once while in the courtroom.

He also contracted a serious staph infection from the horrible conditions at the county jail. While in lockup, McGauley was attacked by another inmate with a mop handle, and as a result of the blow to his ear, the untreated injury has left him with hearing loss.

"This battle's been so intense," Marion's wife, Debra, who he married while in prison, says. "The intense part is to keep paying lawyers who do not address the case as an injustice. The hardest part is going in to visit, weekend after weekend, and seeing him become a hollow man."

The name of David Emerson might be familiar to those who follow civil rights struggles. This is the judge who handled the case of Genarlow Wilson, the 17-year-old who was convicted of aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a woman two years younger than him. It took over two years of legal battles and activist pressure to free him.

Emerson is infamous for his racism and goes to extraordinary lengths to see his agenda carried out. He even issued a warrant for the arrest of a DA from another county after a minor courtroom scuffle with a sheriff's deputy. No surprise--the DA in question is Black. Emerson only backed off after he learned that former Georgia Gov. Roy Barnes had signed up to defend the man.

Debra says that the poor people in Douglas County, both Black and white, get caught up in the system and can never get free. She hopes that someday, there will be a way to make judges, lawyers and, most especially, parole boards accountable to the people. "I've been a law-abiding citizen all my life," she said, "but if we can't trust the system to do what's right, something has to change."

FL - Arson fire investigated at pet grooming business

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HILLSBOROUGH COUNTY (Bay News 9) -- An arson investigation is underway into a fire at a Plant City pet grooming business.

"They knocked all the glass out," said Gary Hicks, owner of Pet City Center. "And they used something that they could spray, gas or something. It was a propellant. And they sprayed through the window. Caught the sign on fire. There was a chair there that was on fire."

Hicks says a cat was the only pet inside at the time. Aside from some soot on its fur, the cat is otherwise okay.

"The cat, he's dirty. We're going to give him a bath," he said. "But luckily, because the A/C was on it kept it from suffocating."

Hicks says he's also lucky because the fire burnt itself out. He credits the 1918 construction of the historical building. Hick feels the whole store didn't burn to the ground because the floors and walls are made of brick.

He is offering a $10,000 reward for information leading to the arrest of a suspect.

Hicks feels he was targeted, possibly by a competitor.

"Our business is thriving," he said.

Hicks, classified as a sexual predator since 1999, has had his business targeted in the past by protesters.
But Hicks believes that's not the case this time.

"That has nothing to do with it. Because we've been here for nine months," he said. "Ain't nothing happened here since March. So, we haven't had no picketers, nothing like that."

According to the FDLE sex offender website, Hicks plead guilty to unlawful sexual activity with minors and sexual battery on a victim under 12 years old.