See the text below for a letter written and sent out.
In a blow to the RSO movement in Ohio, the Court of Appeals Richland County, Ohio, 5th Appellate District reversed the trial court decision which held that, the changes made by SB-10 (Adam Walsh Act) were unconstitutional.
In a decision 6-30-2009 the appellate court, on four assignments of error, reversed the trial court decision and sent the case back to the trial court for further proceedings consistent with its opinion. The full decision is here: by Ohio Court of Appeals
However, the Ohio Supreme court will be the ultimate decider...
<Title> <First Name> <Surname>
U.S. Supreme Court Building
1 First Street NE
Washington, DC 20543
To <Title> <First Name> <Surname> and The Honorable Members of the United States Supreme Court:
I am writing this in hopes of finding some peace, if nothing else to at least have done something as a Citizen of the United States fighting for his, and others, rights.
Twenty five years ago I made a very serious mistake and paid a very dear price for that mistake. And now I am being compelled to pay even a higher price for my past transgression long after expiring and completing my original adjudicated sentence and moved on to become a productive law-abiding taxpayer. You see now, as of 2005, I am a Registered Sex Offender.
My frustrations are with the flood of new restrictions and sanctions that now come almost daily since this Court ruled in Doe-v-Smith, 01-729 in 2003. The Supreme Court granted certiorari and reversed the Ninth Circuit’s decision finding that the registry did not impose punitive restraints in violation of the Ex Post Facto Clause among other findings as well.
It was found not to be an Ex Post Facto Law or punishment for several very basic key reasons in that opinion;
- Registrants’ convictions were already public record.
Yes, and if they only posted my public information from my arrest and conviction 25 years ago that is fine. But my current photo, address and employment information today is NOT part of the public record. Nor my phone number, email addresses, and hundreds of other bits of personal information I am now being force to divulge for public dissemination.
- Registrants have an extremely high rate of recidivism.
Not True! This Court was “lead” to believe this false myth via misquoted and outdated information that today has been refuted time and time again in ALL the studies done. One by the Dept. of Justice itself puts that figure at less that 4%, second lowest rate of any offender and Sex Offenders are the least likely to re-offend.
- From Doe-v-Smith - “The record in this case contains no evidence that the Act has led to substantial occupational or housing disadvantages for former sex offenders…”
Well, this needs no explanation. Just read the news and see Registered Offenders now having to live under bridges and being forced into jobless and homeless nomadic lives.
- From Doe-v-Smith - “…the record contains no indication that an in-person appearance requirement has been imposed on any sex offender subject to the Act.”
Not only do we have to make in-person appearances, we are required to report to Local Law Enforcement and subject to supervisory interviews. I am under virtual “House Arrest” every 90 days while I await verification. I can’t leave town or go on vacations at those times, no exceptions. And if I do leave, at other times, I am required to notify them that I am leaving, where I am going and staying, and when I will be back.
- From Doe-v-Smith - “…offenders subject to the Alaska statute are free to move where they wish and to live and work as other citizens, with no supervision.”
We are NOT free to move, travel, live and work as other citizens. The Government tells us now where we can live and work, and where and where not we can move and travel to. Restrictions placed on me today are more severe and restrictive than those I had to comply with while on Supervised Parole many years ago before Doe-v-Smith.
I wonder if you, as well as the other Honored members of this court, would still hold to this view and opinion today considering plethora of the fear and hysteria driven draconian and oppressive laws passed to pacify the cry of the nation’s lynch mobs for revenge against former Offenders?
Doe-v-Smith is the flag waved as Constitutional validation of every draconian law passed even though many of these laws far exceed the limits of Doe-v-Smith.
Almost everyday a new law is passed that uses the Registry Information, and the hysteria it has incited, to curtail the rights and freedoms of us who have to Register. Many are being sent to prison for nothing more than a technical violation due to an oversight with no real intent to commit any crime. Some even for life for nothing more than a technical violation of a “Regulatory” scheme. They are being forced to move from family homes and property without due process to sleep in cars and under bridges. Those that had employment are being terminated with little to no hope of finding another job as vigilantes us the Registry information to harass employers.
Myth and Hysteria concerning Former Offenders is the fodder of Politian’s and the trough myth and fear for the media to obtain votes and ratings. I won’t go on as I am confident you are very aware of the climate this decision, Doe-v-Smith, has created.
It is a climate of death and destruction as well. Living in Maine I have watched three offenders murdered. Two by a young man who used the Registry information to hunt them down and kill them right in their homes. A third homeless man was burned to death under a bridge. And recently, a Registered Former Offender who had been harassed had enough and killed a woman who confronted him using the Registry information to harass him.
Records I have access to clearly show a steep increase in Registered Former Sex Offender (RFSO) murders related to the Registry that directly correlates with the 2003 Doe-v-Smith* ruling.
1991 - one RFSO death
1993 - one RFSO death
1994 - two RFSO deaths
1995 - one RFSO death
1998 - one RFSO death
2000 - two RFSO deaths
2002 - one RFSO deaths
2003 - twelve RFSO deaths (Doe-v-Smith)*
2004 - twenty-three RFSO deaths
2005 - twenty-two RFSO deaths
2006 - forty RFSO deaths
2007 - thirty-one RFSO deaths
2008 - forty-five RFSO deaths
2009 - six RFSO deaths to date…
Here is the website with all these facts and news reports for verification if you are interested along with many other facts and information;
Other blogs on murders & suicides:
And this does not include the innocent people who have been killed such as the wife of a Registered Offender when vigilantes set his house on fire using address information from the Registry Website. He escaped, but his wife did not. Or those mistaken or accused being a Sex Offender and killed. There may be more that we are unaware of as Law Enforcement has been downplaying Sex Offender murders since the incident in Washington State when an individual using Registry Website information and addresses posed as an FBI agent and killed two offenders and was looking for a third when he was caught. Quoted from the news interviews with
Washington authorities…”We don’t want to not bring too much attention to these murders for fear of a sympathetic backlash that might endanger the Registry.”
How many Registered Former Offenders have to be “Lynched” before it stops?
Probably the saddest part of all this is a statement I read in one of the local newspapers here in Maine when a Legislator commented on the Maine State Supreme Court ruling last year concerning the Registry being punitive. He stated that the Court had no business telling the Legislature its business.
When I was in school they taught us that there were three (3) branches of our Constitutional ly formed Government, the Executive, the Legislative, and the Judiciary. All designed by our founding fathers in order to assure the proper checks and balances of power, and to protect the rights of the people.
«Title» «Surname», thank you for your valuable time and consideration of this letter and hearing out a lowly but humble citizen of the United States.
I will leave you with this considering the tough job ahead of you on this topic;
"Judges ... rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times." Justice Warren E. Burger Chief Justice, U. S. Supreme Court
Respectfully and Sincerely,
<Your name here>
"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 (United States Constitution)