Saturday, February 28, 2009

OH - Sexual crime law OK - Court says offenders' registration retroactive

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OK, so when are they going to get on national TV and tell everyone we no longer have a Constitution and you all have no rights?  That is basically what they are doing here.  One set of laws for some, and another set of laws for others.  Also, see eAdvocates great comments about this.  Making something retroactive, is a violation of the constitution, which states "No ex post facto law should be passed!"  It doesn't say, "but only for certain groups of people," it says "SHALL NOT BE PASSED!"  And this is basically tearing up the contract (plea agreement) these people signed when they took the plea, and adding more punishment on top of their original sentence.  Yes, this is a dangerous slippery slope, and if they can do this to sex offenders, you can bet they will also do it to you, one day!


By Kimball Perry

In a case likely headed for the Ohio Supreme Court, the state's 2007 law toughening requirements for sex offenders to report their address can be applied retroactively, an appeals court ruled Friday.
- So basically, all these so called "judges," "lawyers," "DA's," and people running this country, who SWORE TO GOD, to uphold the US and State Constitutions, LIED!  This is ex post facto, which is a direct violation of the Constitution, and their oaths of office.

Even if the original time when offenders had to report has expired, the law is legal and still applies, the Cincinnati-based 1st District Court of Appeals ruled in a unanimous decision written by Judge Sylvia Hendon.
- All these judges, if you can call them that, need to step down, since they are violating their oaths of office!

"By their voluntary acts (crimes), sex offenders have surrendered certain protections that arguably are afforded to other citizens. Their convictions of felony offenses put them into a class that has already been deemed to have no expectation of finality in the consequences of the judgments against them," the decision read.
- So why are you not doing the same for all other criminals?  It's discrimination and illegal, I could care less what the corrupt system says!  So you see folks, since you have no "finality," then why in the hell would anyone accept a plea bargain?  NEVER ACCEPT A PLEA BARGAIN, EVEN IF YOU ARE GUILTY!!!

The issue is a fight over the rights of convicted sex offenders versus the public's right to know where those sex offenders live, work or go to school.
- Um, no it's not.  It's a fight over the Constitution, and violating this, what was once a sacred document!

A decade ago, Ohio lawmakers enacted a law that required sex offenders to register their address. The length of time they had to register depended on the crime committed and other factors considered by a judge - including the likelihood of offenders committing future crimes.

In 2007, Ohio lawmakers amended that law to mirror the federal law - commonly called the Adam Walsh Act, named for the 1981 killing of the 6-year-old at the hands of a convicted pedophile.
- The Adam Walsh laws was NOT about sex offenders, but those who commit crimes against children, which includes gang members, drug dealers, DUI offenders, mothers and fathers who beat their children, the list is endless, yet they are singling out sex offenders.

It changed the reporting requirements based solely on the crime.

The impact of the change was that hundreds of sex offenders in Hamilton County and thousands across Ohio were required to report for longer times - often for life - than originally ordered to by a judge.
- So that means, these people took a plea deal, or pled guilty, and signed a contract on what was expected of them.  And now, they are tearing up that contract, making it null and void, and adding more punishment onto people.  THAT IS WRONG ANY WAY YOU LOOK AT IT!!!  How come only the corrupt government can get a way with tearing up contracts?  Everyone else is sued, and most win, when a contract is tore up and made void, yet this corrupt government, can get a way with anything!

Jerome Sewell Jr. was one of them.

Sewell and another man were accused of sexually touching two women as they slept in 1998.

Sewell pleaded guilty in 1999 to sexual battery and was sentenced to two years of probation and six months in a drug- and alcohol-rehabilitation program, and was ordered to stay away from the victim. He also was required to report his address to officials for 10 years.
- You see, all that was in this persons original sentence (contract), and now, they are tearing it up, and saying he must be punished for life!

Then the law changed and reclassified all sex offenders. The 2007 law requires sex offenders to register - based on their crimes - for 15 years, 25 years or life.
- The laws change every single year, or every time some sick murderer kills another child.  And they punish all sex offenders, as if they were the ones who killed these children.  We do not treat any other criminal, in history, like this, why are we picking on one set of criminals?  It's morally and ethically wrong, as well as illegal, unconstitutional and cruel & unusual punishment, period!  So this means, in a year or so, the laws will change, and eventually they will say that all sex offenders must be put to death, or put into concentration camps, just like the jews.  Is that what it's coming to?  If so, then lets get the ball rolling and put this on the news so all people of this country can see what their own government is doing!  Lets get it over with!

The new classification was based only on the crime - not on judge's opinions of future danger - and Sewell, who was months away from completing his 10-year reporting requirement, now has to register for life.
- So was I.  I had about 5 months left and I would've been off the registry, now I'm on it for life.

He sued, saying the law change can't be applied to him because he already was classified and argued that it can't be applied retroactively or his punishment increased.

The appeals court disagreed, deciding the new reporting requirements are no different than those for enhancements of tax codes, or new requirements for passports or driver's licenses for all citizens.
- Tax codes and passport issues are not punishment either!

"They are legitimate exercises of governmental regulatory power to protect a public interest or further a legitimate government interest," Hendon wrote.
- OK, then using this same mentality, if "society" was "threatened" then you could force everyone into concentration camps, to be rounded up for execution, like Hitler did, correct?

Sewell and his attorney, Margie Slagle, disagree.

"These individuals have a court order. That also gave them the right to be done with that duty after 10 years. They have a court order for that," Slagle said, adding that it was improper for Ohio's General Assembly to create laws that violate existing court orders.

She likens it to a moratorium on home foreclosures applied, like this law, retroactively.

"Is that constitutional? We're on a very, very slippery slope," she said.
- I agree, next they will be rounding up all criminals and be performing public executions!

Dan Burke, an attorney with the Hamilton County Public Defender's Office, said he has six clients whose reporting requirements would have expired if not for the new law.

Slagle will appeal the case to the Ohio Supreme Court. Assistant Hamilton County Prosecutor David Stevenson believes that court will hear the issue.

"I would expect it would be appealed, and I would expect them to take it," Stevenson said.


VT - Vermont Lawmakers Pass Sex Offender Bill

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Vermont lawmakers gathered in Montpelier Friday to announce they had finally fulfilled a promise made after the brutal kidnapping and murder of 12-year old Brooke Bennett last summer.

"We promised the people of this great state by Town Meeting Day we'd send the governor a bill that makes Vermont a leader in protecting children," said Vermont Senate President Pro Tem Peter Shumlin.

The bill builds on existing state laws and includes a 25-year mandatory minimum sentence for child sex offenders, and requires schools to focus more on prevention efforts.

Friday's announcement was filled with some back slapping.

"We were able to come together the house, the senate, working with the administration," said Vermont House Speaker Shap Smith.

The event was also filled candor, especially for Vermont Senator Dick Sears.

"It is impossible to describe how I feel at this moment," he said.

Sears chaired a series of hearings around the state to listen to what voters wanted done.

"The process was long and arduous and, at times, we talked about a lot of things nobody likes to talk about."

Governor Jim Douglas is expected to sign the bill into law.

WA - Judge charged with felony harassment, patronizing male prostitute

TX - Six female guards accused of having sex with inmates at Montague County Jail

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By JASON TRAHAN - The Dallas Morning News

Six women who worked as guards at the Montague County Jail were indicted Friday, accused of having sex with male inmates and giving them drugs or other contraband such as cellphones and cigarettes.

In all, 17 people were indicted in connection with a scandal surrounding former Sheriff Bill Keating and troubling conditions at the jail he used to control. The suspected offenses date to fall 2006

In addition to the ex-sheriff, who faces at least one state charge of having sex with an inmate, the others indicted Friday are a former jail supervisor and several others accused of providing or using contraband, including two other women and two men who were jailers, three male inmates and two nonemployees who had dealings with the jail.

Montague County District Attorney Jack McGaughey said the names of the defendants in the grand jury indictment are sealed until warrants are issued and the suspects are either arrested or surrender.

Keating, who lost his re-election bid last year after serving a four-year term, did not return a phone message left at his home in Forestburg, about 75 miles northwest of Dallas. His attorney, Mark Daniel, did not comment Friday.

Keating has pleaded guilty to a separate federal charge of using his power as sheriff to coerce a woman into having sex with him in mid-November in order to avoid jail. He surrendered to federal authorities in late January after he was charged with deprivation of civil rights under color of law.

U.S. District Judge Reed O'Connor could sentence Keating to up to 10 years in prison with a $250,000 fine on May 1.