Wednesday, November 26, 2008

NV - Police Arrest Suspect in Sex Assault Slaying of Reno Teen Brianna Denison

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Here we go again! I wonder what laws they are going to make now? And I'm sure they will name the law "Brianna's Law!"  You will notice as well, he is NOT a registered sex offender either.  Also, did they put out a Amber Alert?  And if so, did it help solve the crime?

11/26/2008

Police arrested a suspect in the kidnapping, rape and killing of Reno teenager Brianna Denison, ending an exhaustive 10-month-long manhunt for the college student's alleged murderer.

James Michael Biela, 27, of Sparks, Nev., was taken into custody about 9 p.m. Tuesday and booked at the Washoe County Jail on suspicion of kidnapping, murder and sexual assault, authorities said. He is being held without bail.

Denison, 19, was abducted while she was sleeping at a friend's house during winter break in January. Police said a secret witness and DNA were crucial to cracking the case.

At an afternoon news conference about the arrest, the girl's aunt Lauren Denison thanked police for getting the suspect "off the streets."

"Can you believe it?" Lauren Denison told the Reno Gazette-Journal earlier Wednesday. "The police said the DNA came back, and it's him. ... This is what we have been waiting for."

Reno investigators told reporters that a secret witness was key to capturing Biela. The witness' information "indicated that Biela's activities and behavior made him a likely suspect," police said.

DNA was also critical in arresting the suspect, according to authorities. Biela, who was taken into custody at Stepping Stones Children's Center in Reno, provided a DNA sample that matched evidence collected at the scene where Denison's body was found in February.

Police said they collected DNA evidence at the crime scene that linked the suspect to Denison's murder and at least two other sexually-motivated attacks on women on or near the campus between October and December of 2007.

The district attorney vowed to fight for the maximum sentence possible.
- If he is truly guilty, then he should remain in prison until he dies!

Denison, a sophomore at Santa Barbara City College in California, was kidnapped about 4:30 a.m. Jan. 20 as she slept in the living room of a friend's rented home near the University of Nevada's Reno campus. The teen had likely been visible through a glass door, according to police.

Her body was found near a business park in south Reno on Feb. 15 after a massive search. An autopsy determined she had been raped and strangled and left there about a week earlier.

Investigators said from the beginning they believed the suspect, who taunted police by leaving two pair of intertwined women's panties at the site where Denison's body was found, lived nearby. Public records show Biela has lived in the Reno area since 2002.

Denison graduated from Reno High School in 2006. She was visiting her hometown during winter break when she was kidnapped and killed.


MN - Judge questions purpose of sex offender program

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11/26/2008

By Janice Gregorson

An Olmsted District Court judge has ordered a hearing to determine whether the state's sex offender program actually provides treatment to sex offenders as required or is primarily a way to keep dangerous people behind bars.

Judge Kevin Lund has ordered an evidentiary hearing in the constitutional challenge being raised on behalf of Jesus Maldonado Travis, 33, of Rochester.

Rochester attorney Ted Heim, who represents Travis, filed a motion earlier this year challenging the constitutionality of portions of the state's sex offender civil commitment laws.

The judge issued his decision Monday, ordering an evidentiary hearing to begin April 20 and last no more than three days.

The civil commitment proceedings against Travis have been on hold for years. Olmsted County filed a petition for the indefinite civil commitment in December 2005, but agreed to allow Travis to try to complete a sex offender program through the Corrections Department. However, due to violations while in the program, the county decided to move forward with Travis' civil commitment.

In May, Heim filed a motion challenging the constitutionality of the state's sex offender statutes. He claims the sex offender program has become nothing more than a detention facility and has failed to successfully treat any of the patients in its 18-year history.

In a memorandum attached to his order, Lund says the Minnesota Supreme Court has rejected the argument that the civil commitment statutes governing sex offenders violate the double jeopardy clauses of the state constitution as long as the civil commitment is programmed to provide treatment and periodic review. He says the high court has held that the purpose of the civil commitment statute was to treat and rehabilitate and not serve as "preventive detention."

An evidentiary hearing is necessary to determine whether the state sex offender program provides treatment to satisfy the constitutional requirements of the due process clause, the judge's memorandum says.

Heim challenges the civil commitment standard as violating substantive due process. Lund says that because the challenged statute involves the committed person's right to liberty, it is subject to strict scrutiny.

Lund says the hearing will examine whether treatment and rehabilitation programs have actually been implemented at the state sex offender program sufficient to satisfy due process considerations.

"Given the valid and significant liberty interest at stake, it is necessary for this court to engage in an extensive inquiry into the conditions of confinement at the Minnesota Sex Offender Program as alleged by Mr. Travis,'' the memorandum says. Without careful judicial scrutiny to root out ineffective treatment programs, the civil commitment of sex offenders becomes "indistinguishable from lifetime imprisonment," according to Lund's memorandum.


WA - GPS monitoring of sex offenders urged

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Old article, but still relevant. And shows that GPS is NOT all it's cracked up to be. Also see "The Limitations of GPS (PDF)".

01/20/2006

By JASON MCBRIDE

But the glitches concern law enforcement officials

OLYMPIA -- Even though Rep. John Lovick, D-Mill Creek, made it home on time last Wednesday, he violated his curfew eight times.

That's according to the Global Positioning System device that Lovick strapped on earlier that day.

Lovick is sponsoring two bills (HB2407 and HB2413) that would mandate GPS monitoring for registered sex offenders across the state and set up a GPS pilot program for homeless sex offenders. So he volunteered to try out the technology himself and plans to keep wearing the device until Monday -- 12 days total.

Although Lovick has gotten used to wearing the wristwatch-sized ankle bracelet and boxy receiver, which slips on over a belt, the setup did keep him up the first night. After the receiver started beeping at 2 a.m. because it wasn't getting a signal from the ankle bracelet, Lovick threw it in the trunk of his car.

"I finally got frustrated, and I thought, I need to get some sleep here ..." Lovick said.

In the midst of taking the receiver out of the charger and shaking it and putting it in his car, Lovick generated eight curfew violations, even though he didn't leave his property.

Law enforcement officials say problems such as that are among the reasons they oppose Lovick's bills. They fear that if the bills pass as written now, they'll be inundated with false alarms.

"We could be taking a step backwards if we mandate it," said Don Pierce, executive director of Washington Association of Sheriffs and Police Chiefs. "Local law enforcement is very concerned that the burden would fall to them."

Pierce believes GPS monitoring is a good tool if used appropriately, but he says it has inherent problems. It could create liability for the state if corrections officers or police have to play a guessing game as to which violations are real and end up guessing wrong.

GPS monitoring also creates a false sense of security, Pierce said, because it doesn't stop offenders from committing crimes.

"If somebody is bound and determined to reoffend, they'll do it regardless of what's on their ankle or hip," said James McMahan, a lobbyist working for the association.

That's why it's working with Lovick on an amendment to make the use of GPS a case-by-case decision, at a judge's discretion.

The law enforcement group, which would oversee the program for the state Department of Corrections, estimates that active monitoring, which provides continuous information on the offender's whereabouts, would cost more than $27 per offender per day. Passive monitoring, which uploads accumulated movements when the receiver is put into the charger, would cost about $10 to $15 per day.

According to the Department of Corrections, the total cost for monitoring "two-strikes" offenders would be $21.9 million for the next five years. The pilot project for monitoring homeless offenders would cost $50.6 million for five years.

Lovick said he would like, "at a minimum, passive" monitoring of all registered sex offenders who commit "two-strikes" offenses, which include first- and second-degree rape, first- and second-degree rape of a child, and child molestation.

Offenders convicted of a second "two-strike" offense get life in prison under the current law.

Lovick is willing to back off on having all "two-strike" offenders wear GPS if police believe it is unnecessary.

"I'm open to whatever works," he said.

Just as too much information can create problems, so can too little. A 2003 study done by the Department of Corrections found that GPS can lose track of offenders once they're inside buildings or bus tunnels. Snow and dense vegetation also can throw off the signal.

And active GPS may not always work in rural areas.
- And where do these residency restrictions push offenders?

The most daunting problem for monitoring homeless offenders is where they would plug in their chargers.

"I just don't know how it's going to work," Pierce said.

Lovick and other proponents suggest that corrections offices or police stations could be equipped for homeless offenders to recharge the devices.

Democrats and Republicans are vying for attention this session as both sides propose sex-offender legislation. Among the proposals are bills that would: increase sentences for the most dangerous offenders; create tougher penalties for those who do not register; extend the statute of limitations on the use of DNA evidence for sexual assaults; and force possessors of child pornography to register as sex offenders.

Now that he's been wearing the GPS for more than a week, Lovick has gotten used to it. It turns out that the relentless beeping that kept him up on that first night could have been prevented if he had read the instructions.

"When it tells you are in violation, you are supposed to acknowledge the violation," Lovick said. "Well, I didn't acknowledge it. I heard it beeping, and I pushed the wrong button. I know now."
- Yeah, but if it continually goes off, how are you going to get sleep?  There is many other articles on this blog, which show GPS is a waste of money!


GA - Must Fix Its Sex Offenders Laws

YouTube | Web Site


GA - Georgia's sex offender law hit by justices again

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11/26/2008

By Jim Wallace - bio | email

ALBANY (WALB) - The Georgia Supreme Court Tuesday struck down another provision of the state's sex offender law.

Justices said the provision requiring an automatic life sentence for sex offenders who repeatedly fail to register constitutes "cruel and unusual punishment."

The 6 to 1 Georgia Supreme Court decision said that a sentence of life imprisonment is so harsh in comparison to the crime that it is unconstitutional.

This latest ruling again chips away at the state law which bans sex offenders from living or working within one thousand feet of schools, churches, parks, gyms, swimming pools, or bus stops.

Attorney Jerry Brimberry said legislators need to start over and re-write the state's sex offender law.
- Tell that to Jerry Keen, the jerk responsible for the unconstitutional law, which he clearly is NOT a Christian, like he claims to be, and did not do his homework very well.

Brimberry said "I think they have to apply some common sense to them. I think the common sense is missing on this. When this legislation first came into being, I frankly thought it was a knee jerk reaction. I think they need to apply more common sense."
- You are asking state reps to apply common sense?  Come on, they have no common sense, that is obvious!

The Georgia Court last month struck down a part of the law because it fails to tell homeless registered sex offenders how they can comply.....and federal judges are considering a lawsuit that claims banning sex offenders from volunteering at churches is illegal.




Yet another person, using the sex offender hysteria and fear to make a quick buck!

Here is another idiot, who is exploiting the sex offender hysteria, fear and the gullibility of the general public, to make a quick buck. Why should you pay anything for it, when almost all states have their own registry and email alerts? I have emailed the sheriff of this state, to see what they think about this web site, which IMO, should be illegal!


OK - Family Fights DHS for Custody of Their Child

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So what is the purpose they removed the child?  Simply because he is labeled a sex offender?  Come on, this is wrong, and I hope he sues the hell out of them, and wins a TON of money!

11/25/2008

The couple moved to Oklahoma from Dallas in September. They say they were looking forward to a new career, and a new home, but just a month after their move, their worst nightmare began.

On October 29, 18-month-old Samantha Webb was allegedly ripped from her father's arms and taken into DHS custody. Samantha's father, Christopher Webb, says the drama began after he and his wife, Brandy, decided to move to Oklahoma for his job.

Christopher Webb is a sex offender. He was sentenced in 1997 to 12 years for a crime records show he committed with a 12 year-old girl.

Webb says now that he's completed his sentence, there are no laws keeping him from being with his daughter.

"I'm done with everything I was supposed to do and my daughter was home, safe, happy, she's loving, we love her, and she's hurting now, and we're hurting, and it's an injustice being done to us."

Brandy Webb was advised to make a home for her daughter in Texas, so she has, moving nearly 100 miles away from her husband in Durant to grapevine, but still, Samantha has not been returned home.

"I don't know these people taking care of her right now, and I don't know she's being properly taken care of."

Cristopher Webb says, "It's not about me, it's about my daughter. I love her, and she needs to be brought home. Her spirit is gone, her laugh is gone, her smile is gone. She's hurting and sad. I understand she's 18 months old but a baby can be depressed."

Brandy Webb says, "This is our worst nightmare coming true. Our daughter has been ripped from us with no cause. I just want her home."

Christopher Webb says, "They take kids for any reason without just cause, without due process, and it's here in Durant that they're doing it."

Brandy Webb says, "I'll never step foot back in the state of Oklahoma."

A judge decided to transfer the case to Texas. Samantha has not been released yet, but the Webb's say they are hopeful she'll be coming home soon.

We've called DHS, yet they tell us they cannot comment on the case.


OK - Teens Branded Sex Offenders

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OK Sex Offender Tier System (3.8MB)

11/26/2008

Reported by: Abbie Alford - aalford@fox23.com

Your son or daughter could be having sex and consenting to it with another teen.

Fox 23’s Abbie Alford discovered about Oklahoma law may surprise parents who may end up with a teenager branded for life as a registered sex offender.

Ricky is a 19-year-old boy; he’s asked that Fox 23 not disclose his last name in fear of vigilante’s. Under the Oklahoma State Department of Corrections Sex and Violent Crime Offender Registry, Ricky is charged with Lewd Or Indecent Proposals/Act To A Child.

At age 16, In Iowa, Ricky says he had sex with a girl who told him she was 16-years-old.

It wasn’t until an officer showed up at his door telling him the girl was really 13-years-old.

In a plea agreement Ricky was sentenced to two years probation and ten years on the sex offender registry.

Since then an Iowa judge expunged Ricky’s case but three years later he’s moved to Oklahoma and says it’s been nothing but a nightmare.

Now he wants to warn other teens it could happen to them.

"I don't have anything but my mom or my little brother or my family and nothing else," says Ricky.

However, Ricky says he does have hope. Hope he can he just be a teenager again.

Instead this 19-year-old boy is branded a child rapist for having sex with a teenage girlfriend who told him she was 16-years-old.

"It's a nightmare to wake up everyday just hoping that something will change," says Ricky.

Ricky's mother, Mary Duval is legally blind so Ricky has to take care of his family but he can’t find a job.

"I think I fed my baby to the wolves," says Duval.

Ricky is like many teens who face the same pressure of teenage sex.

In a report conducted by the National Survey of Health Statistics published through the Center for Disease and Control in 2002 about 45 percent of U.S. girls and boys ages 15-19 were having intercourse and oral sex.

Sgt. John Adams who works for the Tulsa Police Department’s Child Exploitation Unit says teens can be punished the same for intercourse and oral sex.

"They're talking dirty to each other, text messaging what have you. His age is 18 she's 15 oh we have a lewd proposal," says Sgt. John Adams.

With the exception the suspect is a teacher, coach or a caregiver, talking dirty to an underage girlfriend or boyfriend could lead to a conviction of second-degree rape and life as a registered sex offender.

An Oklahoma group promoting abstinence says Oklahoma’s laws are fair.

"According to our law that's the law,” says Tulsa’s Regional Director for Oklahoma Family Policy Council, Rosemary Gee.

However, Oklahoma's sex offender laws are complex and confusing.

To put it simply Oklahoma’s consensual sex laws reads this: Anyone under the age of 13-years-old and having sex is breaking the law, even if both parties are the same age and consent. If the person over the age of 18-years-old has consensual sex with his 15-year-old girlfriend or younger that too is breaking the law and could lead to a lifetime label as a sex offender.

"I don't think anyone would knowingly suggest that a teenager having sex with a younger teenager is a child predator. But if we don't have any difference in the law that suggests in another way they are going to read that consequence which is one of the consequence we want teenagers to realize," says Gee.

Sergeant Adams says many teens will face consequences for having sex that is why they need to better educate themselves about Oklahoma’s sex laws.

"You have to realize and understand that what you do for 30 minutes in the back seat could put you as a sex offender for the rest of your life, could effect your ability to vote, get a job, do anything," says Sgt. Adams.

Ricky’s mother says injustice starts at the federal level.

"How much is my son going to suffer?" says Duval.

Oklahoma's Tier System:

Under the Federal Adam Walsh Act Oklahoma has created a tier system for sex offenders in three levels.

Level one is the least severe which includes sex offenses such as indecent exposure with a 15-year-sex offender registry sentence.

Level two which includes sex offenses such as child prostitution will put offenders on the sex offender registry for 25 years.

Level three offenders are considered the most dangerous and include sex offenders that have committed child sexual predator crimes. Ricky falls into the same category, as do many other teens.

"The registry is a mockery. It is totally ineffective for it's purpose," says Duval.

Romeo and Juliet Laws

Mary Duval says she wants Oklahoma to do what nine other state have done which is implement a ‘Romeo and Juliet’ law, providing exceptions to teen consensual sex and widening the age gap for consensual teens.

Police departments across Green Country say they like the idea but admit it could be a slippery slope.

"Do I think there should be something in there for a 'Romeo and Juliet' exclusion? Yes. But the problem is who do you give the authority to make that call?" says Sgt. Adams.

Duval agrees but says something has to be done to protect her son and for other teens who could face the same fate.

"I may never save Ricky. I truly may not but if I can save someone else's child maybe I will have a little peace," says Duval.

While Ricky says he’s holding hope for justice he hopes one day he can live out his dream of becoming a police officer.

"I feel like my life is over. I shouldn't feel like that but I do," says Ricky.

Lawmaker Response:

In an e-mail from State Representative Gus Blackwell, R- Goodwell, he responded saying he was unsure what will be done about ‘Romeo and Juliet’ laws in Oklahoma. For Ricky’s case Blackwell says, "I am checking about Ricky's case and why he is still on registry. It may be that that the laws are new and that option has not been covered in the new laws."

Oklahoma State Statutes Governing Child Sex Crimes:

Rape Definition: http://www.oscn.net/applications/oscn/deliverdocument.asp?id=69602&hits=1398+1397+620+619+606+605+600+

Oklahoma’s State Statutes Governing Crime Against Children:

http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST&level=1


UK - Briton gets life term for raping his daughters

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Good riddance! He should be in prison for life. This is one sick puppy! I cannot even imagine what his daughters must be going through. I'm sure they are happy to see him put a way and them free now. I hope they get professional help, and they can hopefully get on with their lives, the best they can. This has been all over the news, so I do not know why they cannot say who it is (First two videos), everyone knows who it is, or should by now.

11/26/2008

LONDON - A British man has been served 25 life terms for raping his two daughters over a period of 20 years by torturing them into silence and forcibly fathering his own grandchildren.

During this period, the 56-year-old man, who has not been identified to protect the daughters' identities, made his elder daughter pregnant seven times, fathering two children by her.

She bore two other babies but they died the day they were born. He made his younger daughter pregnant 12 times. She has five surviving children.

Between them, his daughters suffered five miscarriages and five terminations. Doctors had advised them not to have any more children by the man they did not know then to be their father. The surviving children are not normal.

The case came to light only last year when the younger daughter escaped from their house. The elder daughter escaped this January when the man was hospitalised for an ailment.

Judge Alan Goldsack of the Sheffield Crown Court, where the case was heard, said: "As a result of this case, questions will inevitably be asked about what professionals, social and medical workers, have been doing for the last 20 years."

The case has drawn comparisons with that of Josef Fritzl, the Austrian whose daughter gave birth to seven of his children while kept in a dungeon for 24 years.

An urgent review is underway into how it was that 10 of the children conceived by the women were miscarried or terminated, yet their plight failed to come to the attention of welfare workers.

The Sheffield City Council has launched an independent inquiry, and the role of South Yorkshire Police, Lincolnshire County Council and Lincolnshire Police will also be examined. Both councils said that the family was known to them. The court was told of several contacts with authorities that could have raised the alarm.

The indifference of these authorities is being compared with similar neglect that led to the recent death of a 17-month-old boy, Baby P, in the London borough of Heringey. His mother and her boyfriend were convicted for repeated torture of the child, while social carers and doctors failed to detect anything wrong with him.

The women raped by their father told the court that they were beaten and sexually abused since they were 10 and eight. Initially each did not know of the other's abuse until one of them conceived.

They talked of how he would beat and punch them if they refused to have sex with him. Some of their miscarriages were forced, with the father kicking their abdomens repeatedly, reports The Independent.

In a court statement, the younger daughter said: "He continued to beat me if I didn't do what he said and I would get a good hiding. There was the look, a piercing look, an evil look."

The look would scare them. If they still resisted, he would place a knife to their throats and threaten them saying: "It's never going to end. You have to do what you are told."

They said the man literally played Russian roulette with them when trying to make either of them pregnant. The sexual abuse would stop temporarily during childbirth or miscarriages. The daughters tried to bribe him with 100 pounds ($152) a month from their child care benefits to keep him off sex, but in vain.

He would not allow them to talk about the abuse to anyone, saying social workers would take away their children if they did so. He would not tolerate them to speak with any other man outside the house. He broke a daughter's arm once and burnt another's palm over the hob when he found them talking to neighbouring boys.

He would keep them away from school when they bore physical injuries. In order to hide the truth about his family, he used to shift houses, preferring to live in remote villages in South Yorkshire and Lincolnshire.

His wife ran away, unable to bear the sight of her daughters' trauma. Her whereabouts are not known. They have a brother who used to live with them till his teens. He was made to sleep on the foyer floor. His whereabouts are not known either.

Police investigations revealed the family's neighbours always had suspicions about the presence of so many children and the absence of any male other than the father. But all these years, they kept their doubts to themselves.






Prison and Banishment for Online Sex Chat... Nothing Else

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