Tuesday, May 26, 2009

AL - State Representative Calls for Sex Offender Law Change

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05/26/2009

One state representative is calling for a change in how Alabama handles sex offender cases.

Last week, Governor Bob Riley (Contact) signed two new measures into law. One concerns child predators, the other calls for a valid address for sex offenders.

Representative Patricia Todd (Email) says she supports measures that crack down on predators, but adds the laws include some offenses that can hardly be considered predatory.

For example, I have two constituents who were arrested for having sex in a public place and they're now classified as sex offenders. I think the state needs to have a task force to really look at what our current sex offender laws are and maybe have two classifications of sex offenders,” Todd said.

Meanwhile, Todd was honored earlier Tuesday at Woodlawn Library for her efforts to secure $10,000 in funding to help buy new furniture for the teen and children departments.


THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT RESOURCE PAGE


The Adam Walsh Child Protection and Safety Act of 2006 was enacted on July 27, 2006. In addition to establishing a national sex offender registry law, the Act made significant changes to sexual abuse, exploitation, and transportation crimes. The Act created new substantive crimes, expanded federal jurisdiction over existing crimes, and increased statutory minimum and/or maximum sentences.
I. OVERVIEW OF THE ACT / BAIL, DISCOVERY, & STATUTE OF LIMITATIONS PROVISIONS
  • The Adam Walsh Child Protection and Safety Act of 2006 -- Part I (October 2006)
    by Amy Baron-Evans and Sara Noonan (National Federal Defender Sentencing Resource and Research and Writing Counsel)

    This paper gives a brief overview of the Adam Walsh Act and suggests some (though not all) possible legal challenges to the Act.

  • Discovery in Child Porn Cases After Adam Walsh: 20 Questions
    by Craig W. Albee, Glynn, Fitzgerald & Albee, S.C., Milwaukee, WI

  • Adam Walsh Act: Implementation, Implications, and Challenges - Understanding How the Adam Walsh Act Changes Pretrial Release
    by Marcus J. Berghahn, Hurley, Burish & Stanton, S.C., Madison, WI


  • Adam Walsh Act: Pretrial Litigation Including Pretrial Release and Discovery and Prophylactic Measures to Protect Our Clients
    by Nancy Joseph, Assistant Federal Defender, Federal Defender Services of Wisconsin, Inc.

  • Challenging Bail Provisions of Adam Walsh
    On December 7, 2006, in U.S. v. Crowell, Magistrate Judge Leslie G. Foschio held that the Adam Walsh Act's requirement that specific pretrial release conditions be imposed on all defendants accused of certain crimes violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's Excessive Bail Clause, and separation of powers. The case was resolved before the district court could rule on Magistrate Judge Foschio's decision, but the opinion and the briefs filed by AFPD Marianne Mariano of the Western District of New York provide a good reference point for challenging the mandatory pretrial release conditions.

  • Victory Under the Discovery Restriction Provision of the Adam Walsh Child Protection and Safety Act
    On January 28, 2008, in U.S. v. Winslow, Judge Smith, D. Alaska, found that the government's conditions for the defense's review of the computer hard-drive seized in the case violated the defendant's due process, fair trial and Sixth Amendment rights. As a result, the court ordered the government to provide the defense attorney with a copy of the hard drive, under specified conditions.
    On January 25, 2007, in U.S. v. Knellinger, Judge Payne, E.D. Virginia, found, based on extensive expert testimony, that a reasonable computer expert would not agree to take a case in which s/he was required to examine the hard drive on government premises because of the expense and difficulty of moving their equipment to a government facility and the inability to provide adequate assistance under those conditions. Thus, the court held, because "ample opportunity" for inspection was not available at a government facility, a mirror image had to be provided to the expert. Reading the statute in this way allowed the court to avoid the constitutional question presented if it were read otherwise.
II. SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA)  
  • The Adam Walsh Act -- Part II (November 2006)
    by Amy Baron-Evans and Sara Noonan (National Federal Defender Sentencing Resource and Research and Writing Counsel)

    This paper describes the Sex Offender Registration and Notification Act (SORNA) and its complex requirements. The paper also describes how the law might operate, and suggests some challenges it appears to invite.

  • First Supplement to Adam Walsh Act - Part II (May 2007)
    by Amy Baron-Evans (National Federal Defender Sentencing Resource Counsel)
    This paper addresses new developments since the publication of the original Adam Walsh Act - Part II memo, including the Attorney General's interim rule regarding retroactivity, a favorable case applying the Ex Post Facto Clause, and the new sentencing guidelines.

  • Second Supplement to Adam Walsh Act - Part II (Sept. 1, 2007)
    by Amy Baron-Evans, National Sentencing Resource Counsel)
    This paper discusses developments since the first Supplement to Adam Walsh Act II (May 2007), including recent dismissals of SORNA indictments and other relevant caselaw; an analysis of and potential challenges to the guidelines issued by DOJ's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking ("SMART" Guidelines); a comparison of the Wetterling Act and SORNA; and a review of and potential challenges to the applicable Sentencing Guidelines.

  • Select Dismissal Motions and Court Orders in SORNA Cases

  • The National Guidelines for Sex Offender Registration and Notification - Final Guidelines
    The “SMART” Guidelines are for the purpose of providing “guidance and assistance” to jurisdictions in implementing SORNA, so they can be deemed in compliance by the “SMART” Office by the due date, July 27, 2009, and not lose federal funding. The proposed guidelines were published for comment 5/30/07, see Fed. Reg. 30210-01, 2007 WL 1540140 (May 30, 2007), the comment period closed 8/1/07, and the guidelines were issued in final form on July 1, 2008. For a summary of the differences between the proposed and final guidelines, see: Significant Changes to the SORNA Guidelines.

  • Juvenile Offenders Required to Register Under SORNA: A Fact Sheet
III. CIVIL COMMITMENT  
IV. ADDITIONAL RESOURCES 
  • No Easy Answers - Sex Offender Laws in the US
    Human Rights Watch, September 2007
    This report details evidence of the harm caused to people subject to this country's various sex offender laws, including the Adam Walsh Act. The report focuses on registration requirements but also contains information that could be useful in challenging several aspects of the Act. Part IV of the report contains recidivism statistics that are particularly valuable to attorneys challenging 4248 civil commitment proceedings.

  • Sex Crimes Blog
    This blog by Corey Rayburn Yung, Professor of Law at John Marshall Law School, is devoted to the criminal laws regulating and punishing sexual violence. Among other information, it contains a set of links and documents related to the Adam Walsh Act.

  • Adam Walsh and Civil Commitment Materials
    by Sentencing Resource Counsel; Federal Public & Community Defenders
    (This compilation includes materials posted elsewhere on this page, as well as a PowerPoint presentation on all aspects of the Adam Walsh Act. It is particularly useful for training presentations.)


Read The Bill Dammit - This is how they run OUR country!!!

This just backs up what I have said many times. They never read the bills, they read the title, and that is it, and this is some proof of that. READ THE CONSTITUTION AND THE BILLS YOU ARE PASSING, OR GET OUT OF OFFICE!!!


Americans Reality Check - *Special Guest* Colby to Speak about his Sexting Case (05/27/2009)

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Hosted by: RealityUSA

Title: *Special Guest* Colby to Speak about his Sexting Case

Time: 05/27/2009 09:30 PM EDT (Join in on the discussion)


Episode Notes: Colby, in 2006 was charged with a crime, known as sexting these days, for taking a photo of his girlfriend giving him oral sex. He was required to do three years probation and register as a sex offender, tier 1, for ten years.

However, due to the passing of the Adam Walsh Child Protection Act (AWA) Colby is now required under law to register twenty five years with no due process, as a Tier 2 offender. Over the past couple years a lot has happened to this young man as he was violated and spent time in prison and now is safely back home learning to deal with a label which has caused his family and friends to be the collateral damage to these harmful laws. To read more of Colbys story visit:

http://www.colbyofohio.blogspot.com

His mother Jacquie has become a advocate for youths like her son and speaks out via her blog, which you may visit at:

http://www.cleanuptheregistryohio.blogspot.com

You will find stories, events and heart felt emotions by a mother broken due to these laws which is destroying her son and family as she works to pass legislation and reform the current system of laws. Sexting has made National news across the country but especially in Ohio, New Jersey and other Eastern states. Currently Ohio is looking to pass legislation which would make this offense a non registrable crime, however, Colby will not fall under this new law. Please join us to learn why.


FL - Mayor Tries To Oust Sex Offenders

View the article here
NPR Article with Audio
Julia Tuttle Causeway YouTube Channel

This is an old article, but still relevant. Now they have several leper colonies across the state. What an accomplishment, you've not solved the problem, but made it worse, all to make yourself look "tough" on sex offenders, while not caring about the offenders civil and human rights, nor their families and children as well. Video is available at the first link above.

04/26/2005

(CBS/AP) Miami Beach's mayor is pushing new legislation that would essentially force sex offenders to move out of the city.

The ordinance requires sex offenders to live 2,500 feet away from schools, parks, and other places where children gather. Miami Beach is 7 1/2 miles long and has 15 schools and 38 parks.

"You have an extraordinarily high recidivism rate where those folks are likely to strike again," Mayor David Dermer tells The Early Show co-anchor Rene Syler. "Also, there is a stalking nature to this crime, as well as the fact that there is evidence to suggest that the perpetrators live very close to where the potential victims are."
- Once again, another ignorant mayor using sound-bites instead of facts.  And that last statement, true, most victims know the offender because 90% of the time (studies show), the offender is a family member or close friend of the family, so pushing someone away doesn't solve the problem, but just pushed the problem out of their hands, and into someone else's hands.  Typical politics, don't deal with the issue, but let someone else.

"You're not going to be able to cure these people," he adds, calling them "ticking time bombs."
- And these are the ignorant people the sheeple elect!  No wonder the country is going to hell!

According to a government report, 3.3 percent of child molesters released in 1994 were rearrested for another sex crime against a child within three years.
- So I think 3.3% is not high, but low.

Dermer expects the ordinance to be passed on May 18. When it takes effect ten days later, the city's 36 sex offenders, including six registered sexual predators, could face up to 60 days in jail.

No new offenders would be able to move into the city, he says, and police will have "another tool to be able to target the ones that are really the hard-core ones that are likely to strike again."
- No, this is just one more tool to give the fascist government more ways to trample on your rights, and yet the sheeple sit back and say nothing.  That is okay, when it comes around and affects their lives, it will be too late, and you can bet they will be screaming "help me, help me!"

Last week, the Florida legislature passed a bill that would strengthen punishments for sex offenders.

Gov. Jeb Bush is expected to sign the Jessica Lunsford Act, named for the young girl who was abducted, raped and killed in February.
- The whole Bush clan are evil, sick, corrupt jerks!  They make and pass laws, to punish thousands, due to a couple heinous crimes.

The bill would set a mandatory sentence of 25 years to life in prison for people convicted of molesting children under 12. If offenders serve less than life, they would be required to wear a global positioning system device after their release so authorities could monitor their whereabouts.

Also last week, in Ocala, Fla., a convicted sex offender apparently committed suicide in despair over signs posted in his neighborhood calling him a "child rapist."
- And yet you never saw that on the news, now did you? Why? Because it would make the state look bad, and we cannot have that!


LA - Jindal administration scraps key sex offender bill

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05/26/2009

Gov. Bobby Jindal's (Contact) administration scrapped the centerpiece of his sex offender proposals on Tuesday after deciding the post-prison "civil commitment" program would be too expensive, a health department spokeswoman said.

Lauren Mendes, a spokeswoman for the Department of Health and Hospitals, said the proposal was dead for the current legislative session.

"It is a concept that DHH and the governor's office do support and will revisit when it's more financially viable for Louisiana," she said.

Rep. Fred Mills' (Email) bill would have provided treatment for certain sex offenders after their release from prison. Mills said the program would require about $12 million over five years — for surveillance equipment, medication and psychiatric evaluations — an expensive price tag in a year of budget cuts.

The idea was geared toward offenders deemed most likely to commit more crimes after being released.

Jindal is backing several bills this year to crack down on sex offenders, but Mills' was the most ambitious. The others are changes to existing law, such as lengthening certain prison terms for sex crimes.

"We know that Rep. Mills has worked hard on this bill and we support his work to find a more cost-effective way to pursue this legislation, especially as we face multiple-year budget challenges," said Kyle Plotkin, a spokesman for the governor's office.

Mills said initial estimates for the civil commitment program — $26,000 annually per sex offender — turned out to be low compared to a similar program in Texas. Most sex offenders in the program would also require the treatments for life, Mills said, compounding the future costs.

Mills told the House Appropriations Committee that he agreed with the governor's office and DHH that the bill is too costly.
- Apparently this was a PR stunt, IMO.  If he would've investigated it while he was thinking about the bill, then he would've seen this, and scrapped the bill, but, it gets him the brownie points from the sheeple, so he can say, "Well, I tried, but they shot it down!"

"Between all of us, we got together and said, 'It's a good policy, but let's try it another year,'" said Mills, D-Parks.


OH - Police officer waives court appearance

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05/26/2009

A Cincinnati police officer arrested last week on a sex charge waived his appearance Tuesday in Hamilton County Municipal Court.

Julian Steele was charged Friday with coercing oral sex on May 14 from the mother of a child he is accused of falsely booking into the county’s juvenile jail.

Steele, 46, of Springfield Township is accused of forcing the woman “knowingly and by means that would prevent resistance by a person of ordinary resolution.”

He faces a felony charge of sexual battery.

An officer since 1998, Steele was stripped of his police powers and put on desk duty last week amid a criminal investigation into the matter.

He was reassigned from District 5’s investigative unit to the telephone reporting unit.

Steele's lawyer, Jay Clark, waived his client's appearance in court, opting to wait to see if the grand jury pursues charges. Steele is expected back in court June 10 at 10:30 a.m.


AZ - Arpaio caught racial profiling, stalking public officials and neglecting his duties

Video Link

The text below is from the description of the YouTube video.

05/24/2009

This video covers 3 areas: Uninvestigated rapes in Maricopa County, Arpaio harassing and stalking public officials and racial profiling caused by Arpaio's abuse of an already failed 287(g) program.

How can I tie these things together? Arpaio did it for me and in only a few days.

Included is footage and testimony from Abigail Brown, a rape victim who was filmed by the rapists. MCSO closed the case using "exceptional means" meaning they didn't feel like investigating or charging anyone and gave no explanation. The Goldwater Institute called on Attorney General Terry Goddard to investigate these cases and the very next day he finds himself being stalked by MCSO.

Arpaio's excuse? He was doing a drop house raid 8 city blocks away. But when investigated by members of Puente and Respect/Respeto, more victims of Arpaio's racial profiling and 287(g) abuse are found. What will it take to wake up Napolitano and Obama to stop this abuse? How many families must go through this? This time Arpaio's officers unapologetically hand cuff a 12 year old boy and his father who has been a legal resident for over 40 years! When he offers to show his documents-he is ignored. An hour later, they are released without charge.

The abuse and racial profiling the Gaucin family went through because of the color of their skin is becoming common and acceptable in Maricopa County.

You can't make this stuff up folks.


CA - Elementary school students suspended for kill list and sexual threats

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See this article also

The pure ignorance in this article is ridiculous.

05/25/2009

By KAREN VELIE

A group of parents allege Santa Margarita Elementary School officials have failed to provide a safe environment and have chosen to keep their children home until their concerns are addressed.

After numerous complaints, two Santa Margarita Elementary students have been suspended in the past few weeks for threats against other students. A fourth grader was sent home for producing a hit list and a third grader was suspended for making sexually violent threats against his classmates.

CalCoastNews has chosen to leave out the names of the parents and the students involved in the incidents in order to protect the children’s privacy.

More than a handful of parents said their children have been traumatized by a series of incidents that began on May 13. Parents described a student’s graphic sexual threats against other students in his classroom.

Officials and parents claim Principal Melanie Karp has been slow to respond to complaints made by parents and students and has minimized the situation.

School officials are mandated reporters and as such are required by law to report these types of criminal threats and certain suspicions of child abuse immediately, and follow up within 48 hours with a written report, said Child Protective Services Social Worker Desilyn King.

This all needs to be dealt with for the best interests of all, not just my child,” a parent said voicing her concern for the safety of the aggressor as well as her progeny. “My child hasn’t wanted to go to school.”

Several parents have opted to keep their children home until school officials can assure them their children are being protected. Parents allege Karp has threatened to turn them in for truancy if their children do not return to school.

Our first and foremost goal is the safety of our students,” said Atascadero Unified School District Superintendent John Rogers. “It is awful to deal with providing the appropriate resources to help the individual student and balance the need for other parents to be assured their child’s safety is foremost.”

Principal Karp was unavailable for comment.

On May 13, the third-grade aggressor was suspended for three days and sent home to a parent who is on the Megan’s Law sex offenders list. Upon his return, he blamed a student for a beating he claims to have received as punishment for the suspension, sources said.
- I wonder if this child is acting out due to how his parent is being treated, or maybe bullying he/she is receiving due to this fact?

An attempt to find out if a report regarding the alleged beating was filed with Child Protective Services was denied due to privacy issues.

He then threatened to shove items into the complaining students’ rectums and/or vaginas. As a result, Karp assigned the child to a half day in-office suspension before placing him back in the classroom. Due to parent complaints, on May 20, the boy was moved to another classroom comprised of second and third graders.

Parents also voiced concerns that the child’s mother, a registered sex offender known to commit lewd acts against children under 14 years of age, is permitted to attend school functions.

They recently put a black metal fence around the perimeter of the school to protect our children,” a parent said. “Then they let a sex offender in the front door.”
- Man, the ignorance is great here.  A black fence?  Sounds like Alcatraz!

There is a common misconception that laws prohibit registered sex offenders from encroaching on school grounds. However, according to California code, sex offenders may be allowed on their child’s campus for a variety of reasons. In addition, not all sex offenders are listed on Megan’s list which is primarily for habitual or violent offenders, said a San Luis Obispo County Sheriff deputy.

While at Santa Margarita Elementary School, the boy’s mother is required to register and is then provided an escort while on school grounds, Rogers said.

In addition, on Thursday May 14, school officials discovered a fourth grader’s kill list along with a visual depiction of a student’s demise. Five days elapsed before the mandatory threat assessment protocol was implemented, sources said.

Following parent objections to a lack of concern over the hit list, on May 19, sheriff deputies were called to the school and the boy’s home was searched, sources added.

The child remained in the classroom, shoulder to shoulder with children on his kill list, until he was officially suspended on May 20.

The district has adopted a threat assessment protocol, a flow chart to be implemented by the principal. During the week following the threat, four psychologists did an evaluation to determine if the written warning was a transient or a true threat, Rogers added.

I can’t comment on what we have done with any one student,” Rogers replied when asked what actions had been taken.

Last year, Karp was sentenced to two days in county jail for driving under the influence. Her blood alcohol was .12, one and a half times the legal limit. She is slated to retire at the end of this school year.