Wednesday, November 4, 2009

CA - Monitoring Sex Offenders - John Walsh admits the system is broken!

View the article here

And now everyone is changing their minds on the laws (I hope), but, they are also looking for someone to blame for the crimes of Phillip Garrido and the latest Anthony Sowell. Stop punishing all offenders for the serious crimes of a few (less than 5%)! Do not pass more unconstitutional placebo laws that will not work, work on monitoring the TRULY dangerous and not 100% of the sex offenders. That does nothing but dilute the registry, make everyone fear all sex offenders, even where unjustified, and just spreads fear, instead of working on what works. Listen to the darn experts for once!

11/04/2009

By Bill Whitaker

Ever since kidnap victim Jaycee Dugard was found alive this summer, outraged Californians have been asking could it have been possible for convicted rapist Phillip Garrido to hide her for 18 years in his suburban backyard, father two children with his victim - all while being closely monitored by parole agents. He even wore a GPS ankle bracelet.

In a scathing report released Wednesday state investigators outlined massive missteps and missed opportunities by the department of corrections that prolonged Jaycee's imprisonment: failure to adequately supervise Garrido, failure to talk to neighbors, and even failure to properly train his parole officers, reports CBS News correspondent Bill Whitaker.

"We determined that Garrido was only properly supervised 12 out of the 123 months it supervised him, a failure rate of 90 percent," said David Shaw, the California Inspector General.

Critics say the system for monitoring sex offenders is broken across the country. All 50 states have Web site sex offender lists for citizens to see if an offender lives near their house or a park. There are almost 700,000 registered sex offenders nationwide, but few officers to monitor them. In Florida, there are 40 sex offenders for every parole officer, in Colorado, its 26 to one in addition to their other cases. But the biggest problem critics say is failure to prioritize. States monitor teens convicted of "sexting," sending naked pictures of themselves over cell phones, just as they do child rapists, like Garrido.

"We need to separate the really bad from the not so bad, and make a determination who the really bad people are," said Robin Sax (Contact), a former sex crimes prosecutor.

Even worse, in many states convicted sex offenders are only required to send in a postcard with their address once a year. As a result some100,000 convicted sex offenders have dropped out of the system, disappeared altogether. Still, John Walsh, whose son was abducted 28 years ago, says states are balking at complying with a tough new federal laws to track and monitor sex offenders.
- Show me the proof that 100,000 sex offenders are missing?  We hear this "statistic" all the time, but no study to actually back it up.

"The system is broken," Walsh said. "It's overwhelmed and I think the public is starting to realize that."
- And you never realized this until now?  Shows how one sided you are.  I've been saying this for years now.  Unless you are living it, you will not understand, yes, the system is broken, and every time a sick person like John Couey, Phillip Garrido or Anthony Sowell commit a heinous crime, all sex offenders pay for their crimes.  We need to hold each accountable for the crime THEY committed, not the crime someone else committed. Funny how John Walsh, Mark Lunsford and the many others, who I feel are exploiting their own child's death, never saw this, until recently.  Their hate and rage drive them, and blind them.

Perhaps most alarming, Garrido was being watched more closely than most sex offenders.

Video Link



"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


CO - Getting a Grip - Naked Pumpkins, Sex Offenders, and Terrorists

View the article here

11/04/2009

Most cities have some signature annual event, celebrating a unique aspect of their local culture. While New Orleans’s Mardi Gras is a massive, multi-day festivals, most are more on the scale of Binghamton, New York’s Spiedie Fest, which celebrates a regional marinated meat. Like Castroville, California’s Artichoke Festival or Pella, Iowa’s Tulip Time Festival, most are subdued harvest or historical celebrations.

Then there’s Boulder, Colorado’s annual Halloween Naked Pumpkin Run.

Over the last 10 years, Naked Pumpkin grew to involve hundreds of folks, clad only in running shoes and hollowed-out pumpkins over their heads, sprinting through the brisk downtown Boulder night. The event, which usually begins around 11pm, draws thousands of cheering spectators each year. Halloween in Boulder is often chilly, as in 2002, when the naked pumpkins had to trudge through three feet of snow. Naked Pumpkin follows in the tradition of polar bear swims, as runners struggle to endure full body reception of sub-freezing tactile stimuli. Seattle, Portland, and a host of smaller cities, mostly in the West, have followed suit with Naked Pumpkin Runs of their own, just as cities around the world emulate New Orleans’s Mardi Gras.

The military option

Not everyone, however, is happy about Boulder’s peculiar fame. City elders seem to have a more staid brand in mind. Last year they scrooged Halloween by deploying a detail of police officers to grab, fondle, and ultimately arrest a few frosty pumpkins. This year, they deployed two SWAT teams and a small platoon of riot officers to arrest the runners.

Since Boulder has a long tradition of public nudity and no laws on the books against nudity, the pumpkins, according to the police, would be charged with “indecent exposure,” following the legal logic that donning a pumpkin head, as opposed to wearing nothing, makes the remaining bodily exposure “indecent.” If convicted of this charge, celebrants would be required to register, for the remainder of their lives, as “sex offenders.” Legally, this should not pass muster, as being nude—as in skinny-dipping or participating in a Naked Pumpkin Run—is not, and should not be confused with, a sexual act.

We’ll skip the psychoanalysis of someone seeing a naked person running with a pumpkin on their head as engaging in a sex act, and just look at the effect on the runners. The threat to charge celebrants as sex offenders, and essentially ruin their lives with a potent societal stigma—a modern-day scarlet letter—appears to be grave enough to have stifled Boulder’s annual celebration this year.

The problem is that some folks in this world deserve such a stigma. Sexual predators are real, and they often commit and repeat serious crimes, horribly affecting their victims. Misemploying this stigma as a tactical weapon against whatever behavior or people police would like to control not only victimizes those falsely painted as sex offenders, but also waters down what should be a potent label: convicted sex offender.

Then there’s the deployment of a quasi-military Special Weapons and Tactics unit, ostensibly organized to counter heavily armed threats, against people who clearly aren’t concealing weapons or anything else. This misuse of force, like the misuse of prosecutorial tools, is far more threatening to society than a bunch of Naked Pumpkin runners.

Pandemic terrorism

The attack on the Naked Pumpkins follows suit on recent trends to brand an assortment of people ranging from artists and nonviolent protestors to stressed-out college students as “terrorists.” Like “sex offender,” the terrorist stigma could be devastating, even if charges never legally progress beyond the accusation stage. And like “sex offender,” this is a serious classification that shouldn’t be linguistically destroyed by deranged prosecutors. There are real terrorists, and like sex offenders, they are a grave threat and need to be identified as such, and not grouped in with harmless artists and the like.

Take the case of Tamara Freeman, who in 2006 spanked her two kids on a plane when they wouldn’t stop arguing over the window seat and, in their agitation, spilled a can of tomato juice on their mother. When a flight attendant responded to the commotion, Freeman loudly employed profane language and threw her half-spilled can of juice to the floor. She was arrested and charged under the Patriot Act with committing an act of terrorism, because commotions on airplanes can now be prosecuted as terroristic activities. She was jailed pending trial for three months before, at the urging of her public defender, she pled guilty to the terror charge. She eventually lost custody of her children since, as a term of her probation, she is not allowed to leave Oklahoma, and as a convicted terrorist, she can’t fly home to Maui where her presence was required at a series of custody hearings.

Then, according to a Los Angeles Times report, there’s the case of Dawn Sewell and her partner, Carl Persing. It seems they were a bit too amorous on a plane. Prosecutors claim that their sexual activity peaked when Carl put his head onto Dawn’s lap, and, according to court documents, Dawn smiled. Carl claims that he was sick from chemotherapy and simply leaned over into Dawn’s lap. When awoken or disturbed by a flight attendant, he allegedly gave the attendant some serious lip, hence netting terrorism charges for the couple.

Then there was the January 2007 case of two Fairfield, Connecticut sisters of Jordanian descent who were being arraigned on a charge of disturbing the peace. While they were being booked, a packet of what later was identified as salt fell from one of their pockets, somehow inciting a bio-terror panic that shut down a chunk of downtown Bridgeport. When everything finally calmed down, embarrassed cops charged the sisters with committing an act of terrorism, since the specter of Jordanians carrying salt seemed to have terrorized much of Bridgeport.

Or there’s last week’s case of 17-year-old Michigan State University student, Zack Aslam. Zack, it seems, is a frighteningly average college freshman with an interest in skydiving, who apparently appears in a YouTube video receiving a wedgie. Zack aparently got upset after a heated discussion with another student and began to, as the kids say, “talk s---.” Campus police haven’t released the specifics of what the 17-year-old supposedly said to his friends, but they charged him with, according to the MSU student paper, “threatening terrorism and communicating that threat to another person.” He was talking s---. Did I mention he was 17? Police later went to his dorm room and impounded all of his belongings. This kid’s now a terrorist.

Then there’s the Animal Enterprise Terrorism Act of 2006. The ACLU argues that the bill outlaws even legally protected activity that could harm the economic interests of an “animal enterprise,” a term which defines entities ranging from factory farms and slaughterhouses to university research labs. In March 2006, prosecutors employed the shiny new law against six animal rights activists protesting against a private “animal-testing” company, Huntington Life Sciences (HLS). HLS is a long-time target of animal rights groups such as PETA, who filmed what appears to be beagle puppies repeatedly punched in the face as part of an animal test at an HLS facility. Protests against the company, ranging from legally protected speech to illegal threats, vandalism, and harassment of employees, nearly bankrupted HLS in 2000 when it was dropped from the New York Stock Exchange.

The arrested activists were never charged with engaging in any illegal activities. Instead, they were charged and convicted as terrorists for maintaining a Web site that unabashedly celebrated such acts.

Puppy terrorism

The Center for Consumer Freedom, a fake grassroots group created and sponsored by dairy, meat, and fast food industry PR companies, bought a full page New York Times ad last year, accusing the Humane Society—you know, the cute puppy folks—of supporting “terrorism” because one of its vice presidents spoke before an affiliated group, the Humane League. The Humane League has at least two members who might be four degrees separated from the convicted HLS terrorists. See the connection?

Now let’s go to Utah. According to that state, a person has engaged in “commercial terrorism” if “he [or she?] enters or remains unlawfully on the premises of or in a building of any business with the intent to interfere with the employees, customers, personnel, or operations of a business.” Dig out your high school American History textbook and look up the Civil Rights era boycotts and sit-ins. If the Woolworth’s anti-segregation sit-in caused the store to lose any business, or if the Montgomery bus segregation protests caused busses to run off schedule, that would now be terrorism in Utah. A Utah lawmaker is attempting to broaden the law so as to charge a University of Utah student with terrorism for placing false bids at an auction of oil and gas rights on public land.

Our list of folks newly classified as terrorists is extensive. It includes the New York social worker I wrote about last month, who is being investigated for tweeting. It includes Buffalo’s own Steve Kurtz, who faced a four-year prosecution as a terrorist for producing physically harmless but politically potent and internationally acclaimed artwork critiquing corporate sacred cows such as genetically modified foods.

With the crackdown on the Naked Pumpkin Run, can we expect our ranks of registered sex offenders to swell in much the same way our ranks of accused and convicted terrorists has grown? If so, the terms “terrorism” and “sex offender” will lose all meaning—but not before these McCarthy-era tactics of tarring your opponents with toxic labels ruins countless lives.

Dr. Michael I. Niman is a professor of journalism and media studies at Buffalo State College. His previous Artvoice columns are available at www.artvoice.com, archived at www.mediastudy.com, and available globally through syndication.


"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


Jim Crow laws

Wikipedia article

Below is only the first portion of the above link. Click above to read the entire article. Replace the word "blacks" or "negro" with "sex offender" and you will see the same issues in the draconian sex offender laws.

The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure segregation in all public facilities, with a supposedly "separate but equal" status for black Americans. In reality, this led to treatment and accommodations that were usually inferior to those provided for white Americans, systematizing a number of economic, educational and social disadvantages.

Some examples of Jim Crow laws are the segregation of public schools, public places and public transportation, and the segregation of restrooms and restaurants for whites and blacks. The U.S. military was also segregated. These Jim Crow Laws were separate from the 1800-66 Black Codes, which had also restricted the civil rights and civil liberties of African Americans. State-sponsored school segregation was declared unconstitutional by the Supreme Court of the United States in 1954 in Brown v. Board of Education. Generally, the remaining Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965.



"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


AL - State Officials Work on Tightning Sex Offender Laws

View the article here

11/04/2009

By Rhiana Huckins

The next Alabama legislative session is just months away and among all the bills to hit the floor there will be some designed to protect children in the state. Attorney General Troy king would like to see sex offenders and child pornographers get hit with tougher penalties.

Alabama Attorney General Troy King (Contact) has the job of defending the entire state.

Part of that means protecting children and throwing sex offenders behind bars.

"We've done a good job of restricting where they can live, where they can work, we have failed though to regulate them on the internet sufficiently" said Attorney General Troy King, (R) Alabama.

That's why King asked Senator Harri Anne (Email) smith to sponsor a bill.

The legislation could punish anyone e-mailing child porn and require sex offenders to provide their internet contact information to authorities.
- Violating their rights of privacy, and not upholding your oath of office to defend the US and state constitution.

If you are a child pornographer and you forward an E-mail to someone, you can't be charged. I can't believe that" said Sen. Smith.

But the fight doesn't stop there.

Under existing law, a plea of no contest cannot be used as a plea to a criminal charge.

That means certain offenses from other states don't apply to Alabama.

"If you have pleaded no contest in another state for a crime and you are charged in the state of Alabama, we can't use your past record in Alabama. I don't think its right that criminals can do crimes in other states and come to Alabama and get their record wiped clean," said Sen. Smith.

People who prey on dozens and dozens and dozens of children are proof that these people are not able to be rehabilitated and need to be put where they cannot get to our kids," said AG King.
- Show me the proof to back up your BS comments!

Draft versions of these two bills are currently being worked on.

They are expected to go before the House and the Senate, in January.


"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 - Inmates saved deputy's life during attack, sheriff's office says

View the article here

11/04/2009

By JEFF PATTERSON

TAMPA - The detention deputy was sitting at his desk when the inmate attacked. The deputy was 64; the inmate was 40 years younger, and mad.

Deputy Kenneth Moon had another disadvantage: He was alone, the sole deputy in a pod that housed 62 inmates. The only nearby people who could help him were there because they had been charged with attempted murder, home invasion, drug dealing.

And yet they did.

The first one, Jerry Dieguez Jr., was in the pod because he had been charged with an armed home invasion. When he saw the inmate, Douglas Burden, put deputy Moon in a choke hold, Dieguez didn't hesitate.

He leaped over the desk and landed a haymaker on Burden.

Inmates Hoang Vu, 27, and Terrell Carswell, 28, also helped Moon. The first was charged with attempted murder; the latter with robbery, possession of marijuana, trafficking in cocaine, failure to register as a sex offender. He also had a charge of obstructing an officer.

While Dieguez, Vu and Carswell kept Burden off the deputy, another inmate, David Schofield, came charging over. He was in jail on charges of aggravated assault with a knife, and battery.

Schofield reached over to the deputy, took his radio and called for help.

The sheriff's office says the inmates saved the deputy's life.

"Their past acts aside, you know, you've got to applaud them for what they did," said Col. Jim Previtera.

Previtera said Burden was strangling Moon in a classic chokehold.

"It's used in ground fighting and in martial arts," Previtera said. "It cuts off the blood supply and if it's applied properly can actually crush the windpipe or the trachea."

Previtera said the fact that so many inmates came to Moon's rescue "speaks volumes for the respect he's garnered from these men under his control and in his custody."

Moon is home recuperating from his wounds.

He was stunned after watching the video of what happened.

"He is understandably shaken by this sudden, random and violent attack, and clearly he recognizes the ramifications of what could have happened in this situation," Previtera said.

The sheriff's office will send letters to the rescuers' attorneys so those letters can be used in court on the inmates' behalf, Previtera said.

A charge of battery on a law enforcement officer has been added against Burden, who will remain in confinement following the incident, Previtera said.

"Burden was a strange character," Deputy Anthony Brown said. "He would talk – I've had some communication with him. He would talk like he had some sense, but he wouldn't talk very much, very short abbreviated sentences."

Video Link



"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


CA - Court to hear habeas corpus challenge to Prop 83

View the article here

11/02/2009

By Phan Tieu Tsan

On Tuesday, the California Supreme Court (PDF) will hear the habeas corpus challenges of 4 parolees on whether Penal Code section 3003.5’s residency restrictions on sex offenders violate Constitutional ex post facto guarantees, was retroactively applied, and constitutes an unreasonable parole condition. The section codifies a provision in Proposition 83, better known as Jessica’s Law, and prohibits sex offenders from residing within 2,000 feet of schools or parks where children congregate. In effect, it makes most urban areas off limits to sex offenders paroled from prison.

Designed to protect children, Prop 83 was approved by 70 percent of voters and enacted on November 7, 2006. But from its inception, it has had detractors. The law has been criticized for its vagueness, effectiveness and legality. The ex-offenders bringing the suit, one of whom is from Santa Clara County, argue that they have been forced by the law’s restrictions to choose between prison and homelessness. Although transient sex offenders must still report to their parole officers each day, monitoring them will certainly become harder in practice.

It is difficult to argue with the politics behind the law. We all want our children safe and no where near an offender of any kind. Whether the California Supreme Court decides to uphold the law remains to be seen.


"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 - Does retroactive application of SB-10 to juvenile sex offenders violate their constitutional rights? (Case No. 2008-1624 In the Matter of: Darian J. Smith, Alleged Delinquent Child)

Video Link | Video Archive



"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 - Roman Chojnacki v. Marc Dann

Video Link | Video Archive | Playlist Link


MI - State appeals court limits sex offender registry

View the article here

11/04/2009

By Ed Brayton

In what may be an important precedent, the Michigan Court of Appeals has ruled that a man arrested for a so-called “Romeo and Juliet” relationship cannot be listed on the state’s sex offender registry because doing so would constitute cruel and unusual punishment.

The defendant, _____, was arrested and convicted of having a consensual sexual relationship with a girl who was nearly 15 when he had just turned 18. The girl’s parents knew of and approved of the relationship, but _____ was nonetheless charged after one of the girl’s teachers turned him in to police after she found out about the relationship.

The law under which _____ was convicted allowed for youthful offenders to complete a probationary period and then have the offense wiped from their record without a conviction. He completed that probation without incident and in 2005, the charges were dismissed without conviction. Still, he was required then to go on to the state’s registered sex offender list because of an arbitrary deadline in a state law governing the sex offender list.

The Michigan Sex Offenders Registration Act was amended in 2004 to the effect that for those convicted as youthful offenders, only those who failed to complete the probationary period had to be put on the registry. But _____ was convicted on Aug. 29 of that year; had he been convicted a mere five weeks later, he would not have been placed on the registry because he completed the probation and the charges and conviction were then dismissed.

The trial court ruled that being required to go on the sex offender list did not constitute cruel and unusual punishment because the registry requirement is not punishment at all. The court did, however, reduce the amount of time the defendant had to be on the list from 25 years to ten years. The appeals court overturned that ruling, agreeing with defendant that the law, as applied in this particular circumstance, constituted cruel and unusual punishment and ordering the trial court to have him removed from the sex offender registry.
- Not punishment?  You live with the laws for a couple years, then tell me that!

The court ruled:

Here, the circumstances of the offense are not very grave. Defendant was 18 years old and in a consensual sexual relationship with a teen who was almost 15 years old. The teen’s parents knew of the relationship and condoned it. This teen is the same person defendant married five years later. The gravity of the offense does not change regardless of the date on which the assignment to youthful trainee status occurred.

The penalty in this case, however, has been harsh. Defendant is being required to register as a sex offender for ten years. He receives the social stigma of being labeled as a sex offender and the social stigma of being “convicted” of a crime even though he successfully completed his status as youthful trainee and the court dismissed the proceedings. As a result of registering as a sex offender, defendant has been unable to find employment and, in fact, lost two jobs after it was discovered that his name is on the sex offender registry. He is depressed and, although he finally married Trowbridge, the opportunity to marry and pursue happiness was withheld from him because of his inability to find employment as a result of being labeled a convicted sex offender. Given the circumstances of this case, the offense that defendant committed was not very grave, but the penalty has been very harsh.

With regard to a comparison of the penalty to penalties for other crimes in this state, defendant would not have had to register as a sex offender had he been assigned to youthful trainee status approximately one month later than he was. Defendant is required to register as a sex offender along with rapists and pedophiles. The PSOR does not provide a description of an offender’s offense. Thus, individuals viewing the PSOR are unable to determine whether a person who is registered is a rapist, a pedophile, or just a person who engaged in consensual sexual activity with a teen…

Also, it is abundantly clear that there is no goal of rehabilitation in this case. Defendant never posed a danger to the public or a danger of reoffending. Defendant is not a sexual predator, nor did the trial court deem him to be. Further, even if defendant needed rehabilitation, SORA’s labeling him to be a convicted sex offender works at an opposite purpose, preventing defendant from securing employment and otherwise moving forward with his life plans.

Consequently, after considering the gravity of the offense, the harshness of the penalty, a comparison of the penalty to penalties imposed for the same offense in other states, and the goal of rehabilitation, we conclude that requiring defendant to register as a sex offender for ten years is cruel or unusual punishment.


It’s obviously a victory for _____ and defendants who are similarly situated; it sounds to me like a victory for reason as well. Read the full ruling here (PDF), or 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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NE - Sex Offender Tiers To Change

View the article here

11/03/2009

By Klark Byrd

SIDNEY - It’s been more than three years since former President Bush signed the Adam Walsh Child Protection and Safety Act of 2006, and Nebraska lawmakers are playing catch-up to avoid a 10 percent reduction in justice grant funding.
- Apparently they have not done any reviews to see how much money they could lose, due to bribery, and the cost to implement the laws to be compliant.  It will cost a lot more than to come into compliance.  But, when you have idiots in office who do not read bills or check these things, what do you expect!  They will lose a ton of money from their mistake, and you the tax payer will foot the bill.

The Nebraska Sex Offender Registration Act is getting an update via LB285 passed in the last legislative session, allowing the act to better comply with federal laws and helping Nebraska retain its funded status.

I don’t think it will affect how they register in our office,” said Cheyenne County Sheriff Darrell Johnson. “It will be the same as before except they will either be a sex offender or not.”

Johnson said the new amendments change the way a sex offender is tiered in the program. All offenders will be listed publicly by the amount of years they must register whereas previously only Level III offenders had their information publicly available. Level III’s were classified as high-risk to reoffend, and Sidney has five Level III’s listed on the registry.

Level I - low risk - and Level II - moderate risk - were forced to register like Level III’s but their information didn’t go any further than the sheriff’s office.

Under the new law, all current and future registrants will be classified by the new levels that determine how long they must register and all will be subject to community notification. That means sex offenders hidden from public view will become known to the community.

That’s a good thing,” Johnson said. “There are a total of 16 registered sex offenders living in Cheyenne County.”
- More dilution of the registry.  We should be warning the public about the truly dangerous, not all offenders.

Johnson said the new system will help make for a more informed public as sex offenders’ new classifications make it a more black-and-white scenario.

According to a summary of LB285, the purpose of the federal law was to provide for a more comprehensive, nationalized system for registration of sex offenders. Title I of the act establishes registration and notification standards for sex offenders. The National Sex Offender Registry will be maintained at the FBI by the U.S. Attorney General.

New reporting requirements will include all addresses where a sex offender lives or frequents, all employment locations, all school information, travel and immigration documents, professional licenses or certificates, e-mail addresses and chat room ID’s, remote communication device identifiers, signed consent form to search, DNA sample collection and palm prints, in addition to fingerprints. Offenders are required to register within three days prior to release from incarceration.
- Hopefully many people will challenge this nonsense.  It's a total invasion of privacy.

The offender must report any change in residence/temporary residence, employment or school on an approved form. Anyone required to register is required to report each e-mail address, instant messaging address and any other Internet communication identifiers they use, such as Facebook and MySpace. Any changes must be submitted within 24 hours or else the offender is subject to a felony charge.

If a sex offender was convicted of a registrable offense not punishable by imprisonment for more than a year, they fall within the 15-year category. Fifteen-year registrants are required to report for verification annually in person at the sheriff’s office in the month of the offender’s date of birth.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, they fall within the 25-year category. Twenty-five-year registrants are required to report for verification bi-annually in person at the sheriff’s office in the month of the offender’s date of birth and six months following.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, and was convicted of an aggravated offense or had a prior sex offense conviction, they fall within the life category. Life registrants are required to report for verification quarterly in person at the sheriff’s office in the month of the offender’s date of birth and every three months thereafter.

The bill goes into effect Jan. 1.


"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 - Arrested for an Email?

View the article here

11/03/2009

For one Southern Tier man who asked that we hide his identity, life changed after he opened an email sent from a person he says he did not know.

"They were pictures of younger adults, children, child pornography,” said the man who spoke with us under the condition of anonymity

He tells us he tried to do the right thing.

"I sent the originals back to the people that sent them to me and I told them that I was reporting them," he says.

He also says he went one step further and printed the pictures. His plan? He says he wanted to mail the photos to his internet service provider, A.O.L. as evidence.

It was those actions, that landed him in trouble.He got arrested for receiving and distributing those pictures.

"Once they download it, they're leaving a trail that they took proactive measures to actually receive that," said A.O.L. Chief Security Officer, John Ryan.

Police found those pictures he stored in a lock box. the photos were never sent to A.O.L.. he says it's because he could not get an address. he tried getting one by repeatedly calling the company's 1-800 number.

A.O.L. says it has records of his phone calls, but rather than calling, they say he should have forwarded the questionable email to the company through a link on its website.

"It's not a good idea to take proactive measures no matter how well intentioned it may be because in an online medium there's no way to read minds,” said Ryan.

But that link isn't easy to find. An A.O.L. user has to first click on a link for customer service to even find the "Notify A.O.L." tab.

That page then only gives instructions on how to forward questionable emails to the company. There is no direct link. A.O.L. has turned over the entire matter to law enforcement. The case is being handled in Chenango County.

"We're contacted by the federal law enforcement agencies or that they've received a hit that there is child pornography on a computer somewhere in our jurisdiction. At that point either the State Police or the local police agency get involved, we draft a warrant, we seize that computer and usually during the process of that we do execute a search warrant looking for child pornography at that residence," said Chenango County District Attorney, Joseph McBride.

Now this Southern Tier man is trying to prove his case...and avoid serving as many as seven years in prison and being labeled a a sex offender.

I'm not this kind of person, I never have been and never will be,” he says.




"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


WA - Former police officer faces official misconduct charges

View the article here

11/03/2009

By Warren Kagarise

A former Medina police officer and Issaquah resident was charged with official misconduct after authorities said he forced a woman he had ticketed to have sex with him.Ismael Ramirez, 30, was charged with official misconduct and second-degree extortion Oct. 28. Ramirez will be arraigned Nov. 12 in King County Superior Court.

The charges stem from a November 2008 incident, in which authorities said Ramirez asked a woman on a date and took her to his Issaquah Highlands residence several days after he cited her during a state Route 520 traffic stop.

Medina Police Chief Jeff Chen said Ramirez resigned from the force Oct. 17. Ramirez could not be reached for comment.

The woman said Ramirez stopped her Nov. 23, 2008. He handcuffed her and put her in the back of his patrol car. He then searched her vehicle and discovered a small bag of what he suspected was marijuana. When he completed the search, he returned to his patrol car.

Inside the vehicle, the woman attempted to convince Ramirez not to cite her, court documents state. When she realized the officer was interested in her, she flirted with Ramirez, and he reciprocated.

There was sexual banter between the two of them,” court documents state. “He told her she was ‘an incredibly sexy woman.’”

Ramirez cited her for driving with a suspended license and possession of a small amount of marijuana, and then released her. He told her he could make the charges against her “go away,” court documents state. He then gave her his business card with the number for his mobile phone jotted on the back.

Ramirez told the woman he would like to see her again, and the pair exchanged text messages and a phone call the next day.

He later sent e-mails to Kirkland city prosecutors asking for the case to be dismissed due to a lack of evidence and the Medina Police Department evidence custodian to say the suspected marijuana did not need to be tested, court documents state.

Ramirez and the woman met Dec. 5 at Joker Pub & Grill, 5614 E. Lake Sammamish Parkway S.E. and then went to his highlands residence, court documents state. The officer had told her he would provide her with a letter to take to court as part of her defense. She expected to receive the letter the night she met Ramirez, but did not, the documents continue. She told investigators how Ramirez had sex with her despite her objection, court documents state.

The woman told investigators she did not want to have sex with Ramirez, but “acquiesced because she thought she had a lot to lose,” the documents said.

On Dec. 9, 2008, when the woman appeared in Kirkland Municipal Court, she spoke with the prosecutor, who knew nothing about Ramirez asking for the charges to be dismissed. The prosecutor told her to get a lawyer, according to court documents.

The women then called Ramirez and said he “did not follow through with his end of the bargain,” court documents state. He assured her the charges would be dismissed. A week later, Ramirez contacted prosecutors and asked for the charges to be dismissed.

In the meantime, Ramirez and the woman continued to exchange text messages and phone calls. He said he wanted to see her again, though she did not think another meeting “would be a good idea,” court documents state. Between Nov. 24, 2008, and Feb. 22, the pair exchanged 10 phone calls and 38 text messages, authorities said.

Charges against the woman were dropped Feb. 9 after prosecutors discovered the e-mails from Ramirez. The officer said he did not send the evidence to the Washington State Patrol Crime Laboratory, because there was not enough of the suspected marijuana to test.

Issaquah police obtained the suspected marijuana as part of the investigation. Investigators said the substance tested positive as marijuana.

The incident came to the attention of authorities in March during another sexual assault investigation. The woman told police her boyfriend had assaulted her. A King County Sheriff’s Office detective overheard the boyfriend say on the phone how the victim “didn’t report the cop for raping her,” according to the search warrant for Ramirez’s mobile phone records.

When the detective asked the woman about the earlier incident, she recounted the traffic stop and the date with Ramirez. The detective then handed the case off to the Issaquah Police Department, because the woman said the incident occurred in the highlands.


"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 Rapist Charged With Murder; More Bodies Found


View the article here

Someone sent me an email saying he admitted to killing these people.  If that is true, he should be in prison until the day he dies, no chance of getting out. He's clearly a serial killer, and I'm sure ALL sex offenders will pay for what he did, which is wrong, but watch and see. See the videos at the end.


11/03/2009

Ohio police charged a convicted sexual predator with 5 counts aggravated murder hours after four more bodies were taken from his backyard and a skull was removed from the man's basement.

Anthony Sowell, 50, was also charged Tuesday with rape, felonious assault and kidnapping, Cleveland police spokesman Lt. Thomas Stacho said.

The gruesome new discovery comes after 6 bodies were found last week in the Sowell's house, bringing the totaly number of bodies found to 10. Authorities do not know whether the skull belongs to an 11th victim.

Sowell will be arraigned Wednesday.

Cadaver dogs unsuccessfully searched Sowell's backyard throughout the day, but found the remains while using a backhoe to dig up portions of the yard, Cleveland Police Chief Michael McGrath said Tuesday night.

"It appears that this man had an insatiable appetite that he had to fill," McGrath said.

He couldn't say specifically where in the backyard the bodies were discovered or if any of them were decapitated, but said the skull was found wrapped in a paper bag in a bucket in Sowell's basement.

McGrath said they hope the corner’s office will be able to identify the sex of the bodies by Wednesday morning.

Police will be working throughout the night, McGrath said, adding that they will be searching walls and ceilings of the house on Wednesday.

"We will do everything to confirm there is nothing else there," said McGrath.

The county's sheriff's office routinely checked on Sowell because he was a registered sexual predator. The most recent visit was Sept. 22, McGrath said.

Sowell is reportedly not fully cooperating with police and has asked for a lawyer.

'While Sowell is not cooperating with the investigation, he did tell authorities information that led them back to his house," a high-ranking authority on the scene told Fox 8 in Cleveland.




"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