Tuesday, November 3, 2009

KY - Supreme Court makes key decision on sex offender case

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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 (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


Listing of sex offenders online (Teens discuss sex offender issues)

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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 (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Studies show sex offender residency limits fail

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11/03/2009

By BILL KACZOR

TALLAHASSEE - Studies show that laws prohibiting sexual predators from living near schools and other places where children congregate do not prevent offenders from committing new crimes and may be counterproductive, a legislative policy analyst told a House panel Tuesday.

Marti Harkness, who specializes in criminal justice issues in the Office of Program Policy Analysis and Government Accountability, said better options would be to bar offenders from smaller zones near places where children gather and keeping tabs on them with electronic monitoring.
- Electronic monitoring is also a waste of time and money, it doesn't prevent crime either.  If a person is intent on committing a crime, then they would probably cut off the device and vanish.

Florida prohibits certain sex offenders from living within 1,000 feet of schools, day care centers, parks and other places that attract children, but some local governments have expanded the ban to as much as 2,500 feet, most notably in South Florida. (See the Julia Tuttle Disaster here)

Those limits made it so difficult for sexual predators to find affordable housing in Miami-Dade County that some offenders have been living under a bridge in view of tourists and others using the span, creating a backlash against the restrictions.

Harkness cited studies on repeat sex offenders in Minnesota, Colorado and Florida, which turned up no connection between where they lived and where they committed new crimes. The Minnesota study also showed no children were victimized near schools or other restricted places but 79 percent of the offenders knew their victims.

"It's not the guy in the trench coat, the creepy guy standing by the school, it's the baby sitter, neighbor, relative," Harkness said.

His report drew much different responses from two members of the Public Safety and Domestic Security Policy Committee.

Democratic Rep. Luis Garcia Jr. (Contact) noted he helped pass a 2,500-foot residency limit as a city commissioner in Miami Beach.

"As far as I'm concerned if you want to send them to Georgia, I would be happy to do that, too," Garcia said. "I'm not going to apologize."
- This is the problem with idiots like this, they do not want to solve the problem, they want to push it off to someone else.  Georgia's Jerry Keen said the same thing.

Rep. Darryl Rouson (Contact), D-St. Petersburg, recalled people "once unapologetically burned witches at the stake."

Garcia said he'd like to see "a study of longer incarceration, just putting them away and throwing the key away."

In an interview, lobbyist Ron Book (Blog Posts), who has pushed for passage of state and local residency restrictions, said the studies conflict with data from Miami-Dade County showing absconding and crimes against children have gone down while compliance with sex offender registration requirements has gone up.

"Those studies are written by people who counsel predators and offenders," Book said. "The studies in and of themselves, to me, become suspect."
- Yeah, because you will believe nothing, unless it pushes your agenda.

He said residency restrictions have a place but acknowledged distances "can be discussed and debated."
- I think in all the other articles about you, and your comments, prove you are not up for debate!

Book and some committee members also voiced support for safety or no-loitering zones around places where children congregate and electronic monitoring.

"They need to be monitored 24/7 so that they don't hurt our children," said Rep. Julio Robaina (Contact), R-Miami.
- You should be monitoring only those who are truly dangerous, and 95% or more are not dangerous, so monitoring 100% 24/7 is a waste of time and money. And this article is about sex offenders in general and not all have harmed or will harm children.

Harkness said safety zones typically are about 300 feet in radius, and are more effective than residency limits.

"They prevent the offenders from going to these places and engaging the kids, cultivating relationships and grooming them for sexual purposes," Harkness said.
- They prevent nothing.  If a person is intent on committing a crime, they will.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NY - Chief Federal Judge Approves New Voice Technology To Monitor Sex Offenders US District Court Validates the CVSA(R)

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11/03/2009

Chief Federal Judge Approves New Voice Technology To Monitor Sex Offenders US District Court Validates the CVSA(R)

Albany - Sex offenders can be required to submit to a Computer Voice Stress Analyzer (CVSA) examination as part of their post-release supervision to determine if they are telling the truth, a federal court has ruled. Northern District of New York Chief Judge Norman A. Mordue ruled that the technique is analogous to polygraph examinations, which have been accepted by the 2nd U.S. Circuit Court of Appeals as a way to monitor the activities of those under post-release supervision.

The 2nd Circuit in United States v. Johnson, 446 F.2d 272 (2006), held that both the CVSA and polygraphs were reliable, that they could be validly related to the post-release supervision of an offender and that they did not deprive a defendant of his rights under the Fifth Amendment.

Advocates of voice stress analysis technology state that research has conclusively demonstrated the devices can detect otherwise inaudible voice inflections in responses to questions that can indicate whether a speaker is being truthful. Testimony before Judge Mordue indicated that some 1,800 law enforcement agencies in the United States have the devices available. Most have been manufactured by the National Institute of Truth Verification, or NITV, a Palm Beach, Fla.-based company that has been producing the devices since 1989.

Although more than 1,800 law enforcement agencies utilize the system, including most major metropolitan agencies and the US Military; the CVSA is not well known outside of the law enforcement community. As with the polygraph, results of the CVSA are not normally used in court, but rather serve as a guide to help eliminate individuals as suspects. A recent Department of Defense survey of law enforcement users of the CVSA reported that 86% found the CVSA to be either “very” or “extremely” accurate. The DoD survey also found that 75% of deceptive results were validated by obtaining a confession with “a very small error rate” (less than ½%) utilizing the CVSA.

The US Patent Office recently awarded Charles Humble, the founder of the National Institute for Truth Verification (NITV), a second patent on an automated scoring algorithm for use on the CVSA. Humble was the first to quantify voice patterns and also discovered delayed stress reaction in voice stress analysis. The CVSA’s current scoring algorithm, known as the Final Analysis Confirmation Tool(R) (FACT(R)), uses advanced mathematical algorithms and a built-in learning feature to recognize, evaluate, categorize and quantify the output from the CVSA. The widely acclaimed CVSA II accurately scores each voice pattern for stress levels and then evaluates the entire examination to render a ‘No Deception Indicated’ or ‘Deception Indicated’ result, eliminating possible bias from the exam. Since the release of the CVSA II in early 2007, over 800 CVSA II’s have been delivered. “From the Atlanta P.D. to the Nashville P.D. to the California Highway Patrol, this is an investigative tool that has proven itself as invaluable in the field” stated Alan Hall, a retired officer of the U.S. Defense Intelligence Agency, and the current Operations Administrator of the NITV. Once restricted for sale only to law enforcement, the CVSA is now available for some commercial applications.

Although widely acclaimed in the law enforcement community, the CVSA is regarded as a threat by the polygraph establishment since it has displaced both them and their technology in hundreds of law enforcement agencies across the US. Despite this heavy resistance, the CVSA has built an impressive 22-year track record as an investigative tool helping to solve tens-of-thousands of crimes and helping many innocent people clear their good name. To see examples of real cases solved by the CVSA, go to NITV1.com and click on Cases Solved.

The NITV, established in 1988, is located in West Palm Beach, FL, and is the acknowledged world-leader in truth verification technologies and training.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OH - Ohio Supreme Court: Oral Arguments on SORNA Cases

Courtesy of "Sex Offender News, Issues, Research and Recidivism"

11/03/2009

On Wednesday morning November 4th 9:00 AM, the Ohio Supreme Court will be hearing four cases that challenge the constitutionality of Senate Bill 10, Ohio's Adam Walsh Act, SORNA implementation.

Oral Arguments will begin at 9 a.m. EDT, and will stream live online. CLICK to take you to the Ohio Supreme Court website, then -on the left- look for the section that looks like the graphic above. Click on HOME.

There will be two adult cases and two juvenile cases. The adult case, Bodyke, addresses the bulk of the constitutional claims against the retroactive application of AWA. The juvenile cases address constitutional claims, but may ultimately be decided on a matter of statutory interpretation regarding juvenile courts’ discretion in the classification procedure.

More information on the cases can be found on the Office of the Ohio Public Defender's website:

Thanks to Amy Borror in the Office of the Ohio Public Defender and Alisa Klein of ATSA for this information.

NOTE: Now, should you miss Oral Arguments, then you can go to "Video Archive" where they archive oral arguments.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NH - Panel: Let offenders reside near schools

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11/02/2009

By SCOTT BROOKS

MANCHESTER – The city should not enact a policy banning registered sex offenders from living near schools or day care centers, a city task force says in a new report.

"I've said it from the beginning: Residency restrictions are 'feel good' policy," said police Sgt. Scott Fuller, who chaired the task force.

Fuller was one of four task force members who signed the report yesterday, though only three of those signatures could be interpreted as an endorsement. One member, state Rep. Leo Pepino, wrote a note next to his signature to show he was not on board.
- Of course not, he doesn't want to look "soft on crime," or "pro-sex offender!"

The 14-page report favors less dramatic measures to combat sex crimes, such as a campaign to publicize the state's online sex offender registry. It also urges the city to set up a committee to continually monitor the way the city deals with offenders and how it fights sexual violence.

The report is being forwarded to Mayor Frank Guinta, who appointed the panel in May 2008 after word got out that a convicted child murderer had moved to Amherst Street. A mayoral aide, Nick Vantine, said Guinta "approves of" the report, but he did not say what the mayor intends to do with it.

In its key sentence, the report says the task force "does not recommend" residency restrictions "at this time." It does, however, acknowledge that city officials may be tempted to carve out some restrictions anyway and suggests that if they do write up a policy, it should be a narrow one.

Such a policy, the report says, would only target Tier III offenders -- those who have committed the most serious crimes -- whose victims were younger than 18. The offenders would be prohibited from living next door to a school or a day care center.

Fuller, who oversaw sex-offender registrations for the Manchester Police Department from 2003 to 2007, maintains that even a narrow policy could have negative repercussions. He has consistently argued that offenders who can't find an affordable place to live because of residency restrictions may not register with the city, making it difficult for the police to keep tabs on them.

Pepino was at odds with the police department before the panel was formed, and he continued to advocate for residency restrictions at every one of the meetings he attended. "That's why I asked the mayor to form this committee," he said yesterday, "so we can do something. Actually do something. We've done nothing."

Pepino, a Republican running for alderman in Ward 4, vowed to continue to push for residency restrictions if elected. His opponent, Alderman Jim Roy, opposes restrictions.
- Of course, he's running for office!

"The program that the Manchester Police Department has in place now is far better," Roy said. "They go and do surprise checks on these guys, and it's much more effective." The concept also divides the candidates for mayor, with the Republican candidate, Alderman and state Sen. Ted Gatsas, expressing some interest in it. The Democratic candidate, Alderman Mark Roy, declined to take a position but hinted he has some concerns.

"I always err on the side of protecting our children," the Democratic candidate said, "but we have to do it in a constitutional manner."
- It's my opinion that you will always "err" on the side that gets you the votes!

The task force's report is the latest word in a long-running debate in the Queen City. In February 2008, Pepino's plea for restrictions was rejected by a committee of aldermen.

The report says residency restrictions are now in place in 30 states and hundreds of cities and towns across the country. The restrictions have faced repeated legal challenges, it says, but for the most part, the courts have upheld them.

In August, a district court judge struck down a Dover ordinance banning sex offenders from living less than 2,500 feet from a school or a day care center. The judge said the ordinance violated an offender's rights. He also said he had no evidence that the residency restriction was protecting children.

The task force's report says there are about 406 registered sex offenders in Manchester. Of those, 361 were offenders against children.

One of the task force's recommendations would ban residents from offering child care services in a house that is also occupied by a sex offender. It may be hard to believe, Fuller said, but as a police detective, he occasionally heard complaints that a woman was operating a child care center in her home, even though her live-in boyfriend or husband was a sex offender.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Former deputy sentenced to 15 years for molestation

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Original Article

Yep, another one from Florida, where else?

11/02/2009

By Suevon Lee

OCALA - A former Marion County Sheriff’s deputy was sentenced Monday to 15 years in prison followed by 15 years of sex offender probation on charges of lewd and lascivious molestation.

Gabriel Pizzini, 43, faced a maximum 35 years in prison after being found guilty in July of lewd and lascivious molestation, lewd or lascivious conduct and attempted tampering with evidence for his actions in February 2007.

Prosecutors said Pizzini, who had been employed with the Sheriff’s Office for a year, groped a 14-year-old female truant as he was transporting her from her foster home to the Juvenile Assessment Center.

They said he also stalled his patrol car on a side street where he coerced her to lift her shirt so he could snap a photo of her breasts.

Pizzini denied the charges and said the photo, which was later recovered, had been planted in his squad car by the girl’s friend.

Sentencing guidelines called for a minimum prison term of a little over five years.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Informant Recants At Wrongful Conviction Hearing

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Boy, the water in Florida is infested with feces.

11/02/2009

By BILL KACZOR

TALLAHASSEE (AP) ― A jailhouse informant recanted and apologized Monday for falsely testifying against a man ultimately cleared by DNA testing after spending 27 years in prison for a wrongful murder conviction.

Roger Dale Chapman said investigators threatened him with prison on a bogus rape charge if he didn't tell a jury back in 1981 that _____, 50, had admitted to him that he beat James Dvorak to death on a Brevard County beach.

_____, who broke down in tears as he began his own testimony, forgave Chapman during a hearing on claims bills filed in the House and Senate that would compensate _____ $1.35 million.

"I'm very sorry for what happened," Chapman said from the witness stand.

He then walked over to _____, shook hands and wished him luck. Outside the hearing room, Chapman told _____ "They put everybody on the spot."

"I understand, believe me," _____ replied.

It was the first time they had seen each other since the trial. Chapman declined an offer to submit a written statement because he wanted to tell _____ in person.

Chapman told a pair of special masters appointed by each legislative chamber that an investigator told him to get a confession from _____ while in a large holding cell together.

"I said, 'Look, he said he didn't do it," Chapman testified. "He said, 'You are going to say this or you're going to go back to prison.' "

Chapman said he had been released four years earlier but was in jail on a rape charge. It was dropped several days later based on a blood test. Chapman said authorities, though, threatened to restore the charge if he didn't testify against _____.

The key to the compensation case is DNA testing that resulted in _____'s release from prison last year. A judge ordered a new trial, but prosecutors then dropped the murder charge that had put _____ in prison for 25 years to life.

Cassie Johnson, former supervisor for a private DNA laboratory, testified the testing excluded _____ as having worn a yellow T-shirt splattered with the victim's blood that the killer left behind.

DNA from at least two unidentified people turned up but not _____'s, Johnson testified by telephone from Fort Worth, Texas, where she now works for the police crime laboratory.

D'Alemberte also borrowed a tactic from O.J. Simpson's playbook by asking _____ to put on a T-shirt the same size as the killer's. It was too small for the 6-4, 249-pound _____ to get over his head and shoulders. _____ said he's put on some weight since being arrested but was about the same height and build.

A hitchhiker left the shirt in the truck of a now-deceased man who had picked him up in the early morning hours just after the murder. The driver identified _____ as the hitchhiker at trial although he initially told police the man was shorter and older than _____ with a mustache and close-cropped hair. A picture taken of _____ when arrested just days after the killing shows he had shoulder-length hair and no mustache.

_____'s girlfriend also testified she saw him at the murder scene but she later recanted, saying she had been told to lie under threat of going to prison as an accessory. Also before the trial she'd had sex with one of the investigators.

_____ filed his own court motion for DNA testing, but the Innocence Project of Florida, which has helped other wrongly convicted inmates, then took his case.

D'Alemberte said _____'s situation is similar to that of Wilton Dedge, who received $2 million from lawmakers in 2005 to compensate for 22 years in prison for a rape he didn't commit. He argued _____ should get about $2.4 million based on what Dedge received.

Both crimes took place in Brevard and dogs belonging to a now-deceased and discredited Pennsylvania canine handler sniffed out critical evidence in each case.

Since Dedge's bill, lawmakers passed a law to compensate wrongly convicted people $50,000 per year without going through the Legislature, but it includes a "clean hands" clause that excludes _____ because he had a prior felony conviction for drug possession.

The claims process often takes years, but D'Alemberte said he is optimistic because of the bills' sponsorship.

Senate President-designate Mike Haridopolos, R-Indialantic, is sponsoring the Senate bill (SB 22). Other members of Brevard's legislative delegation are co-sponsoring Haridopolos' bill or the House version (HB 61) filed by Rep. John Legg, R-Port Richey.

Each special master will report to his respective chamber when the bills get committee hearings.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved