Thursday, February 4, 2010

MI - Michigan appeals court: Homeless sex offenders don't have to register

Original Article

For those in Michigan, don't get too excited, you can bet this will be undone. Otherwise all offenders in the state would just declare themselves homeless. This is why the state needs to stop passing "one size fits all" laws, and give the power back to the judge to decide!

02/04/2010

By John S. Hausman

The Michigan Court of Appeals has ruled that homeless sex criminals don’t have to comply with Michigan’s Sex Offender Registry Act.

Many law enforcement officials — who often have to deal with sex offenders who claim they have no permanent residence — aren’t happy with the ruling.

In a published opinion released Tuesday that sets a statewide precedent, a three-judge panel unanimously upheld a trial court’s dismissal of charges against a homeless Ingham County man for failing to register, failing to comply with reporting duties and failing to pay registration fees.

The appeals judges ruled that it’s impossible for a homeless person to comply with the law, which requires convicted sex criminals to report their “domicile or residence” to police. The judges concluded that a homeless sex offender, by definition, has neither.

The judges’ opinion bluntly urges state lawmakers to fix the law. “The Legislature is free, indeed, empowered, to ... include a provision addressing reporting requirements for the homeless,” said the opinion signed by judges Jane M. Beckering, Jane E. Markey and Stephen L. Borrello.

The purpose of (the Sex Offender Registry Act) is wise, and the Legislature is urged to consider changes so that a homeless person who does not have a domicile or residence may readily comply with its requirements,” the judges wrote.

The sooner that happens the better, in the opinion of Muskegon County Sheriff Dean Roesler.

I certainly hope the Legislature takes a good hard look at this ruling and revisits the Sex Offender Registry Act,” Roesler said. “It’s going to be an obstacle to properly investigating the cases of who has failed to register and who has failed to comply with the act.”

The intent (of the law) was to keep track of persons who have committed the sex offenses that keep them on the sex offender list,” Roesler said. “It kind of defeats the purpose.”

Muskegon-area lawmakers, informed of the ruling Thursday by The Muskegon Chronicle, said they intend to take action.

They’ve asked us to move forward on this, and we need to do it quickly,” said state Rep. Mary Valentine, D-Norton Shores.

It sounds like a huge loophole that needs to be fixed,” said state Sen. Gerald Van Woerkom, R-Norton Shores. “I would think that we would have to find a way to register these offenders.”
- If you stop with the draconian residency restrictions, which no study has been done to show it works at preventing anything, then you'd have a lot more homeless people.  But that is only common sense, which we have very little of these days.

The court case involves a Lansing defendant named Randall Lee Dowdy. Dowdy, now 61, was convicted in 1984 of five counts of first-degree criminal sexual conduct and one count of kidnapping, according to registry records.

Dowdy was rendered homeless in 2006 after operators of an Ingham County homeless shelter kicked him out after learning of his sex offender status. He then failed to register his address because he had none while he bunked in abandoned buildings and public places.

The Ingham County prosecutor charged Dowdy with a felony and multiple misdemeanors. A circuit-court trial judge dismissed the case. The prosecutor appealed. The case went all the way to the state Supreme Court, which failed to reach a consensus last year and remanded it to the appeals court for a decision.


"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


OR - Oregon sex offender terms apply to nonoffenders (Treating non-sex criminals as sex criminals)

Original Article

02/04/2010

PORTLAND - The Oregon Supreme Court has ruled the state parole board can treat some inmates like sex offenders after release from prison even if they were not serving time for any sex crime convictions.

The court ruled Thursday that the Oregon Board of Parole and Post-Prison Supervision can base those sex offender conditions on an inmate's criminal history and background, rather than the other crimes resulting in conviction.

The ruling involved two inmates, one convicted of drug crimes and the other convicted of assault and weapons charges.

Both inmates had been charged with sex offenses in the past, but those charges were either dismissed or reduced to lesser offenses.


MI - Not given a chance to live!

Courtesy of "Classically Liberal"

12/15/2009

We talk to kids today about "safe sex" a lot. They are warned about unsafe sex frequently. But one of the biggest dangers to sex is overzealous, pious politicians—screwing hookers on their off time while cheating on their wives and preaching "family values." I have hit this theme repeatedly: these politicians have turned normal adolescent sexuality into a criminal offense and they have the audacity to pretend they are doing it "for the children."

Consider the case of a young man, _____, 23. Five years ago, when 17, _____ was dating a girl from school who was 15. The two had sex. The result is that _____ is now a "registered sex offender," which sends shivers down the spine of the uninformed who assume that means he is a rapist or attacks small children. _____ is none of those things. He was a normal teenager who dated a girl slightly younger than himself. Had she been a few months older the whole thing would have been outside the control of the State. But in this case she was just under 16 and he was just over 17 by only 12 days. That meant he was charged with "fourth-degree criminal sexual conduct involving force or coercion."

The girl's mother said she didn't want them dating and turned in _____ merely to stop the dating because she couldn't figure out how else to prevent it. She is one stupid woman who is now trying to stop the injustice she started.

You may remember that I have previously warned that sex offenses involving force don't mean that force is involved. That is how politicians twist the laws so people think things happened that didn't happen. A sexual offense may be entirely free of force yet still be defined as violent by the government sex police. It is automatically assumed to be violent if the "victim" (read willing partner) is under the age set by politicians. Even the girl's mother admits: "My daughter was a willing participant." The mother has now written a letter on behalf of _____ asking the state to remove him from the sex offender registry. She says: "He's not given a chance to live and become an upstanding citizen."

_____ admitted he had sex with his girl friend and that meant he became a registered sex offender. He pleaded guilty on the advice of a public defender. After his conviction he was ordered by the State to stay away from his girlfriend. It wasn't her order but the government's, they said she was a victime. He tried to see her and was considered in violation of parole. Remember the State lies by calling the girl a "victim" even if she was a willing participant in a relationship she wanted. This is how they feed the hysteria. They talk about "victims" when no victim actually exists and pretend there is violence when no violence or force was used. They pretend adolescent are children when they clearly are not children. Our sex offender laws are built on deceiving the public about who is actually being arrested and for what. They intentionally create false impressions to feed the fear that keeps the sex police bureaucracy going.

_____ then did something really stupid. He shoplifted some computer game. That was a second violation of parole. He was now on the edge and trying to be very careful. His mother moved the family to a new house. Like hundreds of thousands of innocent families they are restricted as to where they are allowed to live under the sexual apartheid of the sex offender registries. They are zoned out of entire sections of town because _____ is now an evil "sex offender" because of his teenage romance.

_____'s mother, _____, went to the police before moving to her new home. She was told by the police that the home in question was approved for her evil son. That said "it shouldn't be a problem" to live there. So _____ registered with the police for the vile sex offender registry giving the address that the police had approved.

That put _____'s name and address on the registry and some frustrated housewife, with nothing better to do than feed her own paranoia, was browsing the registry. She found _____. She saw that he lived 400 yards from the school that his young sister attends. And she read the registry precisely the way the politicians designed it to be read: wrongly. The hysterical woman called police in a panic to tell them that a violent, child rapist, lived "directly" across from the school. Again note that there was no child—merely a girl friend barely more than a year younger than _____ himself. There was no rape, just consenting sex between two adolescents. And there was no violence, the state just calls it violent to scare the bejeesus out of gullible members of the public. Even the original police report clearly states that the girl was "not forced to commit any act" nor "did she ask him not to commit any act." No force of any kind, yet the politicians define this as violence. (Note that when they threaten you with violence, if you don't pay taxes, they define that as "voluntary compliance.")

_____ was playing basketball in front of his house when the police showed up to arrest him. The _____ family protested that the police themselves had approved the house. No matter say the authorities. If the police screw up they aren't responsible—_____ is. So now he faces a year in jail for living precisely where the police had told him it was fine to live.

Of course the local prosecutor, a bureaucrat named Steve Hiller, gives the usual lying response when questioned by the press about the case. This political low-life says that arresting _____ was a matter of "public safety" which is of "paramount concern" to anyone seeking higher office. He piously claims "This particular law is in place to protect children, so that's obviously a very serious matter." What an a__wipe! The law doesn't protect children. There is not scintilla of evidence that offender zoning laws protect anyone. All they do is harass people. There not a shred of evidence that _____ poses a threat to children. He was never sexually interested in children. He was a teenage boy who had sex with his teenage girlfriend, who was barely a year younger than himself. Hiller is lying through his eye-teeth.

But these sex offender laws are precisely that: lies built on a foundation of falsehood, perpetuated by myths and politically-induced hysteria, promoted by low-life politicians like Hiller. Even the girl's mother, who started the problem by calling the police, says what is being done to _____ is wrong and she wants the State to bud out.

Case after case, of teens being arrested for normal teenage sexual behavior, are arising due to the laws that were passed in response to the hysteria of the 1990s about purely imaginary Satanic child sexual abuse. Since then those ill-conceived laws have expanded. These laws are not protecting the kids! They are victimizing the kids!

Anyone who thinks these laws are protecting teens from sexual abuse are either uninformed, brainless, or lying. The politicians know what these laws are doing. The police know what these laws are doing. And they are hiding the truth from the public. If the parents of America understood what these sex Nazis are doing to America's young, these worthless bureaucrats would be strung up from the nearest lamp post Mussolini-style — and rightfully so. Now you know why I want to punch the lights out of anyone who publicly uses the "it's for the kids" excuse for their political agenda—it's the kids they hurt.


FL - Freed inmate must go back to Tuttle hell

Original Article

02/04/2010

By Fred Grimm

Vindication gets _____ out of prison and back into the netherworld where Miami-Dade sequesters sex offenders.

The Third District Court of Appeal reversed _____'s 2008 probation revocation last week. The three-judge panel decided that a sick diabetic checking himself into a hospital emergency room was not the same as a convict willfully jumping probation.

The decision saved _____ from 18 more years of hard time. He figures to be released Thursday morning.

But out of prison into what?

"It's a peculiar feeling," admitted Valerie Jonas, the assistant Miami-Dade public defender who convinced the appeal court to undo the 2008 revocation. The appeal court victory essentially forces _____ back into the bowels of the Julia Tuttle Causeway, back into the same conditions -- without electricity, water or toilets -- that Jonas had argued were "deleterious to diabetics' health."

NO ALTERNATIVE

Jonas said Wednesday that _____, desite his prescribed regime of medicines, including insulin that requires refrigeration, has no money for rent, no relatives outside the restricted areas and no legal alternative to the squalid camp under the Tuttle.

What Jonas called her "Pyrrhic victory" came just as Miami-Dade County's new sex offender ordinance took effect on Monday, preempting the Draconian residency restrictions passed by many Miami-Dade cities that essentially banned sex offenders from most of the county's affordable housing. But it is unclear that a new ordinance maintaining a 2,500-foot residency restriction around schools will provide enough affordable housing to fix what has become an international embarrassment along the Tuttle Causeway.

The Miami-Dade Housing Trust has found housing for a number of Tuttle residents, but other offenders just out of prison are still finding their way to the bridge settlement.

Gretl Plessinger of the Florida Department of Corrections said Wednesday that the agency's probation officers no longer direct sex offenders to the Tuttle. "We don't tell them to go there, but if they tell us that's where they want to go, that's what we do," she said. "It really should be a last resort."

PLEA DEAL

For _____, it's the only resort. _____, 43, had spent five years in prison awaiting trial on charges he had sexually assaulted a 17-year-old. In 2006, he took a plea deal -- time served with seven years probation.

But probation meant he was consigned to the Tuttle, one of the few areas in urban Miami-Dade County outside the sex-offender restriction zones.

On Jan. 24, 2008, _____ missed his 10 p.m. curfew. He claimed to have been in the throes of a diabetic episode.

"Substantial uncontroverted lay, medical and documentary evidence established that he missed curfew because he had become sick that day with acute complications of diabetes mellitus, leading to emergency intervention at the hospital," Jonas argued in an appeal that included supporting testimony from Dr. Joe Greer, chief of gastroenterology at Mercy Hospital and assistant dean of academic affairs at the College of Medicine at Florida International University.

His probation officer, however, acted on the assumption that _____ was drunk and partying, not sick.

With no more evidence than the officer's claim that he had heard music in the background when _____ had called in earlier that afternoon, the probation was revoked.

Such tough treatment did nothing to disprove allegations around the courthouse that prosecutors offer lenient sentences attached to long probationary periods to accused sex offenders with difficult-to-try cases -- with the tacit understanding that probation officers will use any excuse to bounce the defendants back to prison.

But in this case, the appeal panel insisted that "it is the state's burden to prove, by the greater weight of the evidence, that a probation violation is a willful and substantial one. However, rather than provide substantial and competent evidence to prove its case, here the state relied on sheer conjecture."

The decision gave _____, a Cuban immigrant with no money, no job, no work permit, no home, an improbable legal victory.

And his ticket back to the Tuttle.


FL - Ron & Lauren Book continue to spread lies and calling all sex offenders child molesting predators!

Original Article

02/04/2010

By Charles Gonzalez

BARTOW - A victim of sexual abuse spoke to the County Commission on Wednesday, seeking tougher restrictions for an ordinance.

Lauren Book-Lim faced county commissioners during Wednesday's County Commission meeting. She was sexually abused as a child.
- Yes, and which is sad, but no law would have prevented that abuse, because the person who molested her, was not on any registry, nor had any record. But as usual, people running on emotions, advocating for bad laws. 

Book-Lim along with her father, lobbyist Ron Book, were invited by Commissioner Randy Wilkinson and spoke about the Polk County Sex Offender Ordinance. Book-Lim asked commissioners to consider adding "child safety zones" and loitering measures to the current ordinance, a measure that was recently added to the same ordinance in Miami-Dade.

Book-Lim said she also would like to see all sexual predators and offenders banned from all county parks.

"I'm not saying to keep your kids in a bubble and not let them have fun," Book-Lim said. "But we must limit the access of predators to our children and protect the safety of the children."
- You constantly use the terms "predator" and "offender" together, then mention predators.  Not all offenders are predators, and if you are in a park, aren't you with and protecting your child? If so, then what's the problem?  If not, then you have a problem!

Commissioners voted to ask the Polk County Sheriff's Office to review the child safety zones issue and come back with any suggestions.

Book-Lim was sexually abused by a live-in nanny for almost seven years, when she was between the ages of 10 and 17. She created Lauren's Kids Inc., in Aventura, which assists in trying to prevent sexual abuse with children through education for parents and children.

According to Book-Lim, one in every three girls is sexually abused before age 17 and one in every five boys before age 18. She said the boys figure is only based on boys who talk about the abuse and hinted the girls are more likely than boys to speak up.
- People tend to like using old unjustified sound bites (Goldilock numbers) without any facts to back them up, and the "1 in 5" is one of those magical numbers. Also, since most sex crimes occur in the victims own home or close family, how would banning them from parks, schools, day cares, etc prevent anything?  Strangers are a rarity, but you continue to push this myth!

"Predators are allowed to gain the trust of your children through access," Book-Lim said. "And we must deny these predators that kind of access somehow."
- You will NEVER prevent access!  A person can walk or drive, but the fact is, most crimes occur in the victims own family and home!

The difference between a sexual offender and predator, according to Florida Statutes, is a predator designation requires a person be convicted of a first-degree felony sex crime or two second-degree felony sex crimes, which occurred after Oct. 1, 1993.

A sexual offender is a person convicted of a sex offense involving a minor and who is released on or after Oct. 1, 1997, from the sanction imposed as a result of the offense.
- That is flat out wrong. A sex offender is a person who committed a sex crime, period, or who streaked at a high school football game, etc.  A minor has nothing to do with it, and yet you are spreading more lies! It's a fact, there are sex offenders who had nothing to do with a child, yet you put "involving a minor AND ..." all in one sentence, which is pure disinformation and flat out lies!

Offenses include, but aren't limited to, child pornography, sexual performance by a child under 18 and procuring a person under 18 for purposes of prostitution.
- Also, what about rape of an adult or other crimes like streaking, lewd conduct, etc?

The current Polk County ordinance reads that a sexual offender or predator cannot establish permanent or temporary residence located within the county if such a residence is located 2,500 feet from any school, day care center, public park, playground or public library.

A sexual predator also is prohibited from living within 1,000 feet of a designated school bus stop or church.
- And bus stops are EVERYWHERE! So basically, this is what is causing homelessness, along with the magical 2,5000 zone.

The child safety zones that were added to the ordinance in Miami-Dade means sexual predators and offenders can't be loitering within 300 feet extending from schools, child-care facilities, parks and school bus stops.

Wilkinson asked commissioners to consider the same addition to the county's ordinance.

County Attorney Michael Craig suggested that if the board wants to create child safety zones, it should be written as a separate ordinance.

Polk County Sheriff's Office Lt. Lloyd Stewart said the Sheriff's Office was happy with the ordinance, but would entertain changes to strengthen the ordinance, not dilute it.

"It's common sense not to allow people who have showed the propensity to commit a sexual act against a child anywhere around children and we just can't have that," Book said. "We urge that you ban predators from all parks and protect the citizens and their children."
- Shut the hell up Ron!  You are one sick vengeful man, that is obvious.  How would banning sex offenders, who may or may not have had anything to do with a child, may or may not be a predator, from parks prevent any future sex crime?  Offenders have feet and vehicles, some also live with their own children, and most sex crimes occur in the victims own home, so what you are proposing, as usual, does nothing to "prevent" anything, but just makes yourself look better in the public' eye!


CA - Monrovia bans sex offenders in most of city

Original Article

02/03/2010

By Nathan McIntire

MONROVIA - The city council has followed the lead of several cities in Los Angeles County in enacting an ordinance that will banish sex offenders from living in all but a fraction of the city's residential neighborhoods.

The council voted unanimously to pass an ordinance Tuesday that extends restrictions on sex offender housing already put in place by the 2006 passage of Proposition 83, known commonly as Jessica's Law.

Sex offenders on parole are barred by that law from living within 2,000 feet of any school or park. Monrovia's ordinance, modeled after a similar Los Angeles County ordinance, extends the ban to all sex offenders - whether they are on parole or not.
- Thus it's an ex post facto law, which is forbidden by the constitution.

"It's stronger than what the state has...and it has been upheld in the court," said Mayor Mary Ann Lutz. "It just gives us a better sense of safety to our community."
- Just because something is upheld, doesn't mean it's not unconstitutional.  When the justice system is corrupt, and not defending the constitution, which they took an oath to do, then anything can happen. And that is exactly what it does, nothing more, provides a "sense of security," but doesn't actually do anything else.

The California Supreme Court upheld the provisions of Prop 83 in a ruling issued Feb. 1 after it was challenged by parolees who argued the law unfairly prevented them from finding suitable housing.

In addition to implementing state-wide housing restrictions, Jessica's Law includes a provision that allows cities to create their own restrictions on housing for sex offenders.
- And that is where the nightmare comes in.  When all cities make their own laws, then people will not be able to live anywhere.  These should be statewide laws.

More than a dozen cities in Los Angeles County have taken advantage of that provision and enacted more stringent ordinances, including Arcadia, Sierra Madre, West Covina, El Monte, Alhambra, Rosemead, Pomona, San Marino and Long Beach, according to Tony Bell, a spokesman for county Supervisor Michael Antonovich.

Monrovia's ordinance, like many others, also bars sex offenders from living together in the same dwelling or renting the same hotel room.
- Which is also a potential problem.  When offenders live together, unlike popular belief, they tend to police each other and keep themselves out of trouble, but when you have people living alone, then there is nobody there to help stop them, if they have inappropriate thoughts.

"If you have multiple offenders living together, the thought is that would increase the probability that they would encourage one another to re-offend," said Monrovia Police Capt. Jim Hunt, who helped draft the ordinance.
- Well, that kind of thinking is wrong!

There are approximately 25 sex offenders registered in Monrovia, Hunt said, and the ordinance would not apply to them. Only sex offenders released from prison after the ordinance takes effect in March would be affected, he said.

The expansive state and local restrictions effectively limit the territory where sex offenders can live to .125 square miles of the city's roughly 5.8 square miles of residentially zoned area, or about 2 percent of all residential space.

Bell said he was not concerned for sex offenders unable to find housing and insisted the state was responsible for helping them re-locate.

"The state of California has done a poor job in keeping sex offenders incarcerated as well as relocating them back into communities," Bell said. "The county's job in this particular case is not to protect predators but to protect children and families in our communities."
- It's the parents responsibility to protect their own children, not the government!


NE - Ex-sheriff's deputy (LeRoy Svoboda) sentenced in sexual abuse case

Original Article

02/03/2010

By Mark Coddington

ORD -- A former area sheriff's deputy was sentenced Wednesday to two months in jail and two years probation for abusing a vulnerable adult.

LeRoy J. Svoboda, 68, of Silver Creek pleaded no contest to two counts of the charge in November in Valley County District Court.

He was sentenced by District Judge Mark Kozisek to 60 days in the Valley County Jail and given credit for 20 days time served. If he shows good behavior, his sentence can be reduced to 42 days, less 20 days for time served.

Svoboda was accused of having sex in June 2008 with a 27-year-old mentally handicapped woman.

His accuser gave birth to a baby in January 2009, and DNA samples taken from the baby and Svoboda were a match, according to an affidavit.

He was initially charged last March with first-degree sexual assault before the charge was reduced in exchange for his plea.
- Of course, cops always get the sweet deals. You will also notice, no where in this article, does it say he will be required to register as a sex offender!

Svoboda is a former sheriff's deputy in Valley, Sherman and Greeley counties and a former police officer in Ord and Shelton.

He was most recently a part-time deputy for the Greeley County Sheriff's Department until last February.

As part of his probation, Svoboda must perform 200 hours of community service, pay any child support ordered by the court, have no contact with the victim or any person with a "substantial mental or functional impairment" and undergo counseling.


OK - Sex Offenders' recovery group raises concerns in Chandler

Original Article
Related Article

02/04/2010

By ANN KELLEY

CHANDLER — These days, a simple Bible verse about helping others brings Tom Wright to tears.

The Lincoln County man thumbs through the red, leather-bound book he keeps handy at his desk, finding his favorite passage in Matthew.

He said his ministry to help men no one else will — sex offenders — is God’s will.

And he doesn’t plan to stop, despite opposition from some county officials.

"It hurts me to see that some people don’t understand what we’re doing here,” Wright said. "We’re trying to help these men establish a new life. Everyone deserves a second chance.”

Wright is housing eight registered sex offenders on his property about two miles north of Chandler. He said he’s been doing it for more than two years without a complaint from the community until he started to build a sewer lagoon that angered some of his neighbors.

Sheriff Chuck Mangion said Wright doesn’t appear to be breaking any laws, but if he decides to go along with plans to expand his outfit, he will have to follow the legal requirements of a treatment center. Among other requirements, he will have to provide licensed counselors, he said.
- Why does he have to provide counselors?  Do apartments, hotels, motels, etc, who house sex offenders have to do the same?  No!

Wright is building small cabins to house as many as 15 men.

Mangion said some residents are concerned, because there is a camp used by Girl Scouts about a mile away.

He and other county officials, including an assistant district attorney, met with Wright last week. Wright told them then he probably wouldn’t go through with the expansion, but he has since changed his mind.

Wright said he started his foundation, Labor of Victorious Examples, also known as LOVE, to help registered sex offenders re-establish themselves in society.

During the day the men work for his company, Wright Way Homes, building houses on site to be sold and moved to another location. All proceeds go into his foundation to fund the ministry, he said.

The men don’t earn a paycheck. Wright said they work for room and board, to cover any past court fines and keep up with any other expenses they may have incurred. When they graduate from the program a year later, they’re given two months wages to help them get started, he said.

While there, they’re required to attend Bible study, Wright said.

_____, 45, said no one was willing to help him when he was released from prison for child molestation. He said he would have been homeless had Wright and his wife, Rose, not accepted him in their ministry.

"When you’re a registered sex offender, no one is willing to help you and they treat you like you’re not human,” _____ said. "I felt hopeless before I came here, but now I’m rebuilding my life.”

_____, an Air Force veteran, said he plans to get financial aid and return to school.

There are 90 registered sex offenders in Lincoln County. Mangion said he’s concerned Wright’s ministry will import more.

He said two men that once lived on Wright’s property were made to leave last year because they allegedly burglarized Wright’s home while he lay in the hospital battling cancer. Those men are now homeless, living in tents outside of town, he said.

They walk four miles into Chandler once a week to report to the sheriff’s office as required by law, Mangion said. "They’re not breaking any laws so we can’t make them leave, but this can’t keep happening,” Mangion said.
- Why not?  If no laws are being broken, then what is the problem?

Wright said he thinks residents have nothing to fear because the men in his program are better supervised than the 83 others in the community. He said he can’t guarantee the safety of everyone, but he feels that as long as he’s doing God’s will, positive things will happen.

Video Link


How Should Sex Offenders Be Punished?

Video Link | More Videos