Tuesday, June 16, 2009

SOSEN - My Family Is Just Like Your Family - Brochure


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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


AZ - Former Phoenix PD detective sentenced to prison

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06/16/2009

PHOENIX (AP) - A former Phoenix police homicide detective faces seven and a half years in prison for sexual exploitation of a minor.

The U.S. Attorney's Office in Phoenix said 51-year-old Richard Polk of Surprise was sentenced Monday to state prison followed by lifetime supervised probation with sex offender terms and sex offender registration.

Polk pleaded guilty to two counts of attempted sexual exploitation of a minor, both class 3 felonies and dangerous crimes against children.

Prosecutors said Polk was discovered purchasing child pornography off the Internet.

He possessed thousands of images and videos of child pornography, including videos of children engaged in sexually explicit conduct. Polk was a homicide detective with the Phoenix Police Department at the time, but retired upon learning of the allegations.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


VA - Former Portsmouth officer faces federal child porn charges

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06/17/2009

By Matthew Bowers

A former Portsmouth policeman faces new federal child pornography charges in addition to related state charges, with a plea agreement hearing set for later this month in U.S. District Court.

Paul Alonzo Ewing, 38, was arrested in September and charged with rape after a 17-year-old girl complained that he forced her to have sex with him and took explicit photos of her several times in the previous year, court records showed. Police seized from his home cell phones, computers and computer equipment, guns and knives, according to the records.

In December, a Portsmouth grand jury indicted Ewing on five counts each of taking indecent liberties by sexually abusing a minor while in a custodial or supervisory relationship, and of participating in the production of child pornography, all between April 2006 and September 2008.

On Friday, federal prosecutors charged Ewing with three counts of possessing child pornography on computers or electronic storage devices. A plea agreement hearing on those charges is scheduled for June 29, said Deanna Warren of the U.S. Attorney's Office in Norfolk.

Prosecution of the state indictments is on hold until after disposition of the federal charges, said Amanda Herman of the Virginia Beach commonwealth's attorney's office. Senior Commonwealth's Attorney Chuck Griffith from that office was appointed special prosecutor for the state charges. Prosecution of the original rape charge was dropped in December at a preliminary hearing in Portsmouth Juvenile and Domestic Relations District Court, Herman said.

Jason Dunn, a Chesapeake attorney representing Ewing, declined to comment Tuesday on either set of charges, other than to say he was hopeful they could be resolved.

Ewing resigned in October shortly after his arrest. He was a former sheriff's deputy and four-year police veteran who won a lifesaving award in 2007.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


NV - Sen. Ensign admits affair with ex-campaign staffer

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06/16/2009

By KEVIN FREKING and KATHLEEN HENNESSEY, AP

LAS VEGAS — Republican Sen. John Ensign (Contact) of Nevada, a leading conservative mentioned as a potential presidential candidate, admitted Tuesday he had an extramarital affair with a woman who was a member of his campaign staff. "Last year I had an affair. I violated the vows of my marriage," Ensign said at a brief news conference. "It is the worst thing I have ever done in my life. If there was ever anything in my life that I could take back, this would be it."

Ensign spokesman Tory Mazzola said the affair took place between December 2007 and August 2008 with a campaign staffer who was married to an employee in Ensign's Senate office. Neither has worked for the senator since May 2008.

Ensign, 51, said he would not mention the name of the campaign aide involved in the affair. He described the woman and her husband as good friends.

"Our families were close," a weary-looking Ensign said. "That closeness put me into situations which led to my inappropriate behavior. We caused deep pain to both families and for that I am sorry."

Ensign made it clear he did not plan to resign. Ensign did not participate earlier Tuesday in a Senate vote concerning the ailing travel industry, an unusual absence considering the topic's relevance in his home state.

It was unclear why Ensign decided to disclose the affair Tuesday. He took no questions from reporters at the news conference.

Ensign's wife, Darlene, also released a statement about the affair.

"Since we found out last year we have worked through the situation and we have come to a reconciliation. This has been difficult on both families. With the help of our family and close friends our marriage has become stronger," Mrs. Ensign said.

The Ensigns have three children.

Ensign was first elected to the Senate in 2000 and quickly rose through the GOP ranks. He chaired the GOP's Senate campaign operation in 2007 and 2008, and last year was named chairman of the Republican Policy Committee, the No. 4 position in the party's Senate leadership. The committee coordinates the GOP's legislative efforts in the Senate.

Last month, Ensign traveled to Iowa for a speech organized by a conservative advocacy group, sparking speculation that he had an interest in possibly running for president. Aides said the visit was about staking out a leadership position within the GOP.

Ensign has been a rising star among conservatives, speaking out against President Barack Obama's stimulus package, statehood for the District of Columbia and union-organizing legislation and in favor of gun owners' rights. Ensign has been a member of the men's group the Promise Keepers, a Christian ministry.

He had been highly critical of former Sen. Larry Craig, R-Idaho, who served in Congress for a quarter-century when he was arrested in an airport bathroom sex sting. Ensign stopped short of urging him to resign but suggested strongly that he should.

"I wouldn't put myself hopefully in that kind of position, but if I was in a position like that, that's what I would do," Ensign said. "He's going to have to answer that for himself." In the end, Craig served out his term.

Ensign is the latest member of Congress who has acknowledged infidelity. Sen. David Vitter (Contact), R-La., is rebounding from being linked with a prostitute.

Over the years, Ensign and Senate Majority Leader Harry Reid, D-Nev., have worked closely on issues affecting Nevada and have an agreement not to criticize the other publicly.

"Sen. Reid's thoughts are with Sen. Ensign and his family at this time," Reid spokesman Jon Summers.

Republicans lost eight seats last November under Ensign's campaign leadership, with one race, in Minnesota, still undecided. The losses put Democrats within one seat of having a 60-40 majority, enough to prevent the GOP from blocking bills and appointments if all of them vote together.

Ensign is a veterinarian and adopted son of a Nevada casino mogul. He clearly was the most influential Republican in his state as the governor, Jim Gibbons, struggled with a horrendous economy and accusations of infidelity as well.




"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


ARC RADIO & SOSEN PRESENT - LIVE FROM THE JULIA TUTTLE CAUSEWAY (Part 1)

Part 2

Hosted by: RealityUSA

This show is now over, but you can listen to it below, and also below is more info on this documentary which will be coming out soon!

Title: Explosive Announcement to be made by SOSEN Board of Directors

Time: 06/16/2009 08:30 PM EST

Episode Notes: The SOSEN Board of Directors (BOD) on June 16, 2009 at 8:30 p.m. will be making a huge announcement as we strive to educate the media, politicians, law enforcement and citizens on the current system of laws which are causing more harm then good. Please tune into American's Reality Check on Tuesday, June 16, 2009 at 8:30 p.m. Eastern! This is HUGE folks so see you there to be the first to know what is happening!!!! Warm Regards, Mary COO

YouTube Playlist



Tonight, Tuesday June 16, 2009 we are finally going to tell the world
our EXPLOSIVE Announcement.

For weeks, behind the scenes, we the SOSEN Board of directors have been
working daily to finalize this project.

Finally, we finalized plans to complete a documentary regarding the
Julia Tuttle Causeway and residency laws in Dade County, Florida.

Many have read the articles, photos and you tube videos but few have
delved into their daily living conditions, and answered some of the
following questions:

Where do they go during the day?

What happens if a threat of a hurricane strikes?

What is it like to live under this Bridge of Terrany as one SOSEN member
eloquently asked.

These men and women are being forced by the state of Florida to live
inhumanely with no running water, restroom facilities, trash service etc.

The elements are harsh with the extreme heat as the sun beats down upon
the concrete of the Julia Tuttle Causeway putting temperatures over the
hundred degree mark on many summer days and nights.

Tonight, LIVE from Julia Tuttle Causeway in Miami, Florida. 3 SOSEN
Members have traveled down to Florida to put this live show on to talk
to the men and women, their families and tell the other side of the
story, looking past the crime to the human who’s Human and Civil Rights
are being violated and the inhumane treatment the state forces onto them!!

The question we come here with is this?

How can a country founded on a Constitution of our forefathers allow
this to happen?

Were here to expose the other side of these stories and will be meeting
with Jill Levinson, interviewing by phone Ron Book and attending
Thursday’s Broward County Task Force meeting as they now try to enforce
a similar ordinance like Dade County.

We have made many changes in SOSEN but one thing which remains is our
passion for the truth, our Constitution and Human and Civil rights as we
continue to find solutions and educate the media, public,
law-enforcement and legislators.

Thank you for joining us here this evening on ARC to make this
Announcement and join us tomorrow evening as we join you live, once
again, for the Julia Tuttle Causeway to hear from the residents. This
event would have not been possible without SOSEN members contributions.
THANK YOU! and you know who you are.

SOSEN Board of Directors

http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=29521&cmd=tc code 29521


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


SOSEN - Questions - Brochure

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


SOSEN - We Believe - Brochure

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


CT - False security

View the article here

06/16/2009

Sex offender ordinances don't replace supervision

Brookfield has elected to follow the lead of Danbury, New Milford and Ridgefield in approving a local sex offender ordinance.

The Brookfield ordinance calls for child safety zones at parks, swimming pools, schools, playgrounds and other public areas children frequent.
- Any why isn't anyone answering the question, "How many sex crimes can you name, that have occurred at ANY of these places?"  And studies show that 90% or more of all sexual crimes, occur in the victims own home or close family and friends, not at any of these places, and 90% or more of all sexual crimes are by those NOT on any registry.

This is hardly a badge of honor for Brookfield. In fact, it's more like a scarlet letter.

Although these ordinances mean well, they are misguided and inherently flawed.

They provide little protection from sexual predators except for a dangerous veil of false security.

Unless you have mugshot flash cards, it's nearly impossible to identify a convicted sex offender.

Sex offenders don't wear sandwich boards advertising their convictions. They don't always look unshaven and scary.

What's more, Connecticut state law caps municipal ordinance fines at $250, including sex offender ordinance fines. This hardly represents a fiscal deterrent.

It's more like a slap on the wrist, the equivalent of a speeding ticket.

If the state's mandatory sex offender registry isn't enough of a preventative measure, it's hard to imagine how $250 -- or only $100 in some instances -- is going to stop a determined sexual predator.

A more responsible approach is having parents -- and trained professionals -- talk to children about strangers.
- In most cases, strangers do not commit these crimes, so by talking about "stranger danger," doesn't help.  You should talk about ANYBODY touching a child in the wrong manner.

For the last four years, Brookfield's Mike Brooks, of Zandri's Martial Arts, has taught kindergartners and first-graders at Center Elementary School about the dangers of going off with a stranger.

The curriculum, which is being taught this week at Center School, was developed jointly by Brooks, who has a 9-year-old daughter, and school psychologist Meyer Glaser. The lessons are reinforced with role play.

The 30-minute program is designed to be fun and informative, not frightening. Brooks encourages the children to go home and role play with their parents.

Supervision and education are the best ways to protect children from sexual predators, not fluffy, feel-good ordinances that provide a false sense of security.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


SC - Sanford urges lawmakers to uphold veto (Mayor admits SO laws are flawed?)

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06/16/2009

By Yvonne Wenger

Governor says proposal would give predators a break

COLUMBIAGov. Mark Sanford (Contact) wants legislators to think twice about reducing penalties for sexual predators.

The governor said lawmakers, who return to the Statehouse today, will make a flawed law worse if they don't sustain his veto on a bill that stops local governments from making rules about where sex offenders can live and immediately puts weaker penalties in place.
- So is he admitting the sex offender laws are flawed?  Sounds to me like that is what he is saying, and I agree, they are.

The bill is one of 10 that Sanford vetoed since the Legislature adjourned last month. Lawmakers will be back in session for up to three days this week to decide whether to override the vetoes.

Advocates of the sex offender bill, including Rep. Joan Brady (Email), R-Columbia, and the bill's author, said Sanford is missing the point.

At the urging of state prosecutors, lawmakers tried to make sure sex offenders who fail to tell the state where they live make it to court more often, Brady said. To do that, the penalties were dropped from 90 days in jail to 30 days. The change means the cases can come before county magistrates and out of the back-logged circuit court.

"You can make all the laws you want and all the penalties you want," Brady said, "but if they're not being heard in the courts, it's a serious problem."

The bill before lawmakers today does not deal with the length of jail time. That was an issue decided last year in separate legislation. What this bill would do is put the new penalties in place immediately, rather than months from now.

Sanford said he reluctantly signed the bill last year with the assurance that legislators would put the tougher penalties back in place.

"In short, this bill is good for the sexual predators who fail to follow the law, while the added protections continue to wait until some point in the future," Sanford wrote in his veto message.

Brady said the Legislature needs to override Sanford's vetoes so prosecutors immediately can begin taking on sex offenders who don't provide their address for the registry or move too close to places where children spend time. Otherwise, the changes won't happen until three months after the State Law Enforcement Division has a new mapping system in place. A phase-in of the new system is expected to begin this month and continue through December.

The other objective of this year's bill was to stop local governments from putting restrictions on where sex offenders can live. State law prohibits the offenders from living within 1,000 feet of schools or places where children typically visit, such as playgrounds.

Brady said the purpose is to have consistency across the state. Last year's bill was supposed to accomplish that, but the language was not clear and needed to be better spelled out in the law, she said.

Brady has been pushing for more restrictions on sex offenders for the last couple of years.

"I would hope that I am a voice for the children of South Carolina," she said. "I just don't think we can have enough safeguards for our children."
- What about being a voice for everyone?  The Constitution guarentees everyone equal rights and justice, but apparently you are not upholding your oath of office, where you said you would uphold the Constitution!  So if you lied then, what else are or will you lie about in the future?

The Sex Offender Registry was established in 1995 and now tracks more than 12,000 convicted sex offenders.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


DOJ - Deaths in Custody Statistical Tables - It appears a lot of cops are killing people in their custody!

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


GA - Professor, 30, student, 50. Is consensual sex OK?

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The government needs to stay the hell out of people's lives, and send the puritans back to where ever they came from.  Now they want to outlaw legal sex!

06/16/2009

By Jim Wooten

We can appreciate the restraint of the Georgia Supreme Court in deferring to the General Assembly on the matter of a teacher-coach having sex with a 16-year-old she’d previously taught. It’s now up to the Legislature to make it perfectly clear in the law that it is sexual assault.
- Keep in mind, the age of consent in Georgia is 16, so although this was wrong, it was not a crime!  But now, they are going to make it a crime, which would put these people on the sex offender registry!

The case comes from Richmond County. The Supreme Court decided 5-2 that the Harlem High School teacher-coach was wrongly convicted of sexual assault because the girl, at 16, was old enough to give consent. The majority concluded that consent was a legitimate defense — and the teacher should have been able to argue it at trial.

The majority opinion, written by retiring Chief Justice Leah Ward Sears, gave real deference to the Legislature, deference that should be a bedrock for the judiciary. In this instance, the majority noted that in three instances the Legislature defines illegal sexual contact in a school, hospital or involving a person under care by a counselor.

The teacher was charged under the provision related to “a supervisor of another person” in school. It is, likewise, illegal sexual assault for a psychotherapist to have sex with a patient, a cop or jailer to have sex with anybody in their custody or an employee of a long-term care facility to have sex with any resident or patient. The court pointed out that only the section applying to law enforcement officials and psychotherapists includes the language: “Consent of the victim shall not be a defense to a prosecution.”

Since the girl was 16, old enough to give consent, and not a student of the teacher at the time of the sexual relationship, the majority overturned the conviction, saying: “We will not usurp the General Assembly’s legislative role” by extending the “consent…not a defense” language to the high school student-teacher case.

Justice George Carley, a reliable strict constructionist, and Justice Hugh Thompson disagreed that the language of “consent…not a defense” did not apply. “Although the majority accurately quotes many rules of statutory construction, it fails to apply them correctly, and the result is disturbing,” wrote Carley. “A statute enacted in pertinent part to protect students from exploitation by teachers, is now almost useless…

This is an instance where I’d like to preserve the judicial restraint of the majority with respect to the legislative branch for all future decisions. And I’d urge the General Assembly to come back in January and make certain that its intent is clear: When a teacher-student in the same school are involved, the student should be regarded as a person in custody.

The majority says that automatically assuming that a student cannot give consent means that, as summarized by the court’s public information officer Jane Hansen, “a 30-year-old law school professor would be guilty of sexual assault for having an encounter with a 50-year-old law school student.”
- And what about a boss at some other company, having sex with an employee?

He/she could. Yes. Thirty-year-old law professors should be aware of that.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


FL - New law forces sex offenders to provide phone numbers to police

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06/16/2009

Gov. Charlie Crist (Email) signed a new law today that requires sexual offenders and predators to fork over their home and cell phone numbers to law enforcement authorities.

The measure was sponsored by state Rep. Martin Kiar (Contact), D-Davie, and state Sen. Jeremy Ring (Email), D-Parkland.

Before House Bill 115 became law, sex offenders did not have to provide Florida Department of Law Enforcement with a home or cellular telephone number as part of the process requiring them to register with law enforcement.

That made it difficult for law enforcement to keep track of these individuals, Kiar’s office said.
- So why do cops need phone #'s, and how is this making it harder to keep track of offenders?  It' doesn't!

If they don't have phones, the provision doesn't apply.

Other provisions:

  • Encourages public libraries to adopt an Internet safety program to promote prudent Internet use and broaden awareness of online predators.
  • Allows a Florida resident to be prosecuted in the state for sending pornography to a child in another state. It becomes a third-degree felony.
  • Broadens sex-offender registration requirements to include people convicted of traveling to meet minors to engage in unlawful sexual behavior.

Keeping our children safe and helping our children to become successful adults is the most important thing we can do in the Legislature,” Kiar said in a statement.

Whether it’s protecting them from assault or providing them with an excellent education, investing in their future is critical and I am so honored to have been able to pass this bill which will protect them and lead to a bright future in Florida,” he said.
- That's just it, this doesn't protect them from assault.  If a person is intent on assaulting someone, no amount of laws will prevent that, it's just a placebo to make you feel like it's working, and so they can further punish sex offenders, that is all it is.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


MO - Court rules 10 whose sex offenses predate Mo. registry must sign up because of federal law

View the article here
See this item entitled "Missouri Supreme Court ERRORS!"

The Constitution strictly forbids ex post facto laws, which this is. So apparently the Constitution is not worth the paper it's written on.

06/16/2009

JEFFERSON CITY (AP) — The Missouri Supreme Court has ruled that 10 sex offenders must register with the state even though their offenses occurred before the registry was created.

Missouri created a sex offender list in 1995, and in 2000, it was expanded to cover misdemeanor offenses. State courts previously have determined that sex offenders cannot be forced to register if their only offenses happened before the registry applied.

But the state Supreme Court ruled Tuesday that a 2006 federal law required the 10 sex offenders to register. The court said the federal law and not the state constitution applied in their cases. The federal law requires sex offenders to register with their home state no matter when the crime was committed.
- And thus violates the US Constitution against ex post facto laws.  And what about all the people who were married when they were underage?  Or those who had sex when they were not of legal age of consent?  Are you going to make them register as well?  If not, why not?


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


FL - Sex Offender Camp Furor Continues

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06/15/2009

Convicted Sex Offender Moves From Bridge

MIAMI -- The furor over sex offenders living under the Julia Tuttle Causeway is growing as state officials claim the law keeping them away from children prevents them from finding housing in Miami-Dade County.

The camp of sex offenders living below the Julia Tuttle Causeway becomes more permanent by the day. Up to 70 registered sex offenders have been living under the bridge, saying they could not find another legal housing option.

But about 50 blocks west, one of the registered sex offenders has found a legal home in a mobile home park. Luis Gonzalez, a convicted child molester, now lives legally far enough from schools and parks. Gonzalez was placed at his new home by Miami-Dade's Homeless Trust.
- Finally Ron Book, or the organization he is the head of, is doing some good.  But, I feel this is just PR for him.  He's probably feeling the heat of the new and others who are pointing our his hypocrisy of running the homeless trust, and not helping the homeless.  So now, they help one person out of 70.

"They are homeless, and we take the problem under the Tuttle very seriously. The Department of Corrections continues to give people an address to live under the bridge. Their actions are irresponsible. Their conduct is reprehensible," said Ron Book of the Homeless Trust.

State law prohibits offenders from living within 1,000 feet of any place children congregate, but Miami and almost every other city pushes them back even further, up to 2,500 feet from the child-friendly places, making virtually all of South Florida off limits. Some landlords also say no to having sex offenders living on their properties. So, some of the offenders have no other option but the bridge, and the state assigns their addresses at the Julia Tuttle Causeway.

Gonzalez's new landlord, however, said he did not mind.

The uproar from local leaders about the sex offenders living under the causeway has reached the ears of Florida's Gov. Charlie Crist.
- I think it's pathetic they had to wait this long, until it is making the news media, and making them look bad.  Charlie Crist, Ron Book and others are the ones making and passing laws causing the problem in the first place, so those hypocrites are responsible for this.

"We want to make sure that they're safe. We want to make sure the conditions are secure and that they are sanitary," Crist said.
- This was never said by you, or a problem with you, until now.  Why is that?

The sewage system at least is not sanitary for the residents under the bridge, where rigged toilets dump waste into the bay.

The city of Miami has recently said that an island that is less than 1,000 feet from the encampment is a public park. By the state's rules, if the island is a park less than 1,000 feet away, the men living under the Julia Tuttle are subject to arrest, Local 10's Glenna Milberg reported.
- It's a island, not a damn park.  This is just them calling some lump of land a park to get the offender to move, who were forced their by the State, DOC and probation department.

Advocates want to rewrite the state law to loosen the requirements for how far away from schools, parks and other locations that sex offenders can live and instead use loitering and trespassing laws to protect the children.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)


GA - Court overturns teacher’s sex conviction

View the article here

Finally someone having sense in Georgia. Yes, the lady should not be having sex with a student, but since the age of consent is 16, then no sex crime was committed. So at most, she might be disciplined by the school, but being put in prison and on the sex offender registry? I don't think so! Glad someone finally had some common sense for once.

06/15/2009

By BILL RANKIN

Student’s reaching age of consent should have been factor in trial

The Georgia Supreme Court on Monday reversed a sexual assault conviction against a 28-year-old schoolteacher who had a romantic relationship with one of her former students.

In a 5-2 decision, the court said the teacher, _____, should have been allowed to present a defense that the 16-year-old student consented to the sexual relationship.

Under Georgia law, the age of consent is 16, Chief Justice Leah Ward Sears wrote. “Generally speaking, it is not a crime in Georgia to have physical sexual contact with a willing participant who is 16 years of age or older.”

Before her conviction, _____ was a highly regarded teacher and softball coach at Harlem High School, about 20 miles outside of Augusta. The teenage girl had previously been one of _____’s students.

Between August and November 2006, _____ and the girl developed a friendship. _____ had her over for cookouts and occasionally let her spend the night. The relationship turned romantic and, on one occasion, sexual.

The girl’s mother called police after she found notes written to her daughter from _____ and became disturbed about their romantic content. _____ was soon arrested in November 2006.

At a bench trial, the student testified during cross examination that she initiated the relationship with _____ because she “had feelings for her.” The student also testified she was the one who “pushed” the relationship.

Prosecutors objected to this line of questioning, arguing that consent was not allowed as a defense. The judge sustained the objection, found _____ guilty and sentenced her to 10 years in prison.
- Wow, a judge just bypassing the laws.  The kid was 16, and the age of consent is 16, so no crime was committed, based on the law, but the judge sentenced her to 10 years for not breaking any laws!

In Monday’s decision, Sears called the prosecution’s efforts to protect school-age children “admirable.” But the General Assembly did not specifically bar a consent defense when it enacted the state law making it a crime for a teacher to have sex with a student enrolled in school.

If it did bar such a defense, then a 30-year-old law school professor who engaged in fully consensual sex with a 50-year-old law student embarking on a second career would be guilty of a felony and face a minimum 10-year prison term, Sears wrote. That would be “truly absurd and unjust,” Sears wrote.

Justice George Carley, joined by Justice Hugh Thompson, dissented, saying the majority “remarkably” misinterpreted the law and produced a “disturbing” result. “A statute enacted … to protect students from exploitation by teachers is now almost useless due to the judicial imposition of a defense of consent,” Carley wrote.
- What idiots!  The law was made to stop adults from having sex with kids who are under the age of consent, period.  Stop letting your own personal feelings bypass the laws!  No crime, based on the laws, was committed here.

Richmond County District Attorney Ashley Wright said her next step will be to speak to the alleged victim about the ruling.

The question is what extent was the victim’s consent affected by the supervisory authority of the teacher,” Wright said. “It’s a lot easier to groom someone into thinking the way you want them to when you have authority over them. That’s the reason the Legislature would want this prohibition [against a consent defense] to stand.”
- Come on.  Age of consent is 16, he consented, so what's the problem?


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (Bill Of Rights)