Thursday, April 15, 2010

LA - Sex Offender Stabbed to Death

Original Article

04/14/2010

A killer is on the loose, accused of stabbing a man to death inside his home in Jeff Davis Parish.

It happened early Tuesday morning at the Wooden Treasurers Trailer Park in Iowa.

Deputies with the sheriff's office tell us they believe a masked man went into the home, stabbed _____, and cut his girlfriend, _____.

No arrests have been made, but investigators do suspect foul play. We've also learned that _____ was a registered sex offender.

In September 2000, _____ had been convicted of carnal knowledge of a juvenile.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


OH - Ten-Year Recidivism Follow-Up Of 1989 Sex Offender Releases (Yet another study that shows LOW recidivism rates)

Click the enlarge


Click the document below to enlarge




"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


Second class citzens, where is it going to end?

Sent in via the "Contact" form, and posted with the users permission.

This is not about sex offenders; it’s about leverage.

With fear mongering and placing the stigma no child is safe propaganda.

Law Makers have been able to create a group of people, second class citizens.

Throughout time children have been used and abused as tools of the government.

At election time you hear about how politicians want to help our children, provide better schools, create after school programs, better parks, and protect children from harm.

Then whenever the public votes for fewer taxes or there is a money short fall, the first things cut is school programs.

As far as I am concerned, this is the worst form of rape and child molestation.

Has anyone else noticed weeks before the Department of Corrections wants more money, there is a huge amount of news about sexual predators and how they might have to let some out and are kids are at risk.

Our legal system has created a group of sexual crimes that completely and systematically tares down the rights guaranteed by the constitution, the same constitution that our country is based on.

The only crimes that do not need a date or time when occurred. A crime that does not need a witness other than the accuser, and in some cases the accuser does not even have to testify in open court.

The perfect crime that is allowing new laws to protect the witness to the point it is almost impossible to defend against.

The stepping-stones to strip all rights of anyone accused of a crime.

A person sentenced to life is guaranteed an appeal.

It has been ruled by a judge that a person who is convicted of a sex crime and that must register and comply with any new laws for life, is not a life sentence that qualifies for an appeal.

It has also been ruled that compliance with the 290 laws does not constitute cruel and unusual punishment, this is based on little or no reports of harm, danger, or loss of rights to a convicted sex offender.

I know for a fact that it is an unwritten rule for legal agencies not to report and to discourage any 290 registrants from filing a report.

Not only did a police officer, who wishes to remain nameless, tell me, I have also personal experienced this in more than one county and by more than one agency.

A life sentence that justifies murder, or almost any crime against a 290-registrant ok.

But that is not cruel and unusual punishment.

Second class citizens where new laws are made only for them.

If nothing is done to stop them now, where is it going to end?


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


MI - Fifth homeless sex offender from Grand Rapids joins lawsuit against state over emergency housing in school zones

Original Article

04/15/2010

By John Agar

GRAND RAPIDS -- Recovering from surgery complications, a 23-year-old homeless man who also is a sex offender said he fears for his safety if he sleeps on the street -- and worries he will be arrested when he spends nights at Guiding Light Mission.

Guiding Light, at 255 S. Division Ave. SE, is within a safe school zone, meaning sex offenders cannot sleep there because of its proximity to schools, according to state law.

"I have pain at night," the man wrote in an affidavit. "Now, it is even harder for me to sleep, because I worry all night long that the police will come arrest me."

The man, identified only as "Larry Loe," has asked to join four other homeless people in a U.S. District Court lawsuit against Gov. Jennifer Granholm (Contact), Attorney General Mike Cox (Contact), state police Director Peter Munoz and Kent County Prosecutor William Forsyth over a law that prevents those on the state's sex-offender registry from residing within 1,000 feet of a school.

Attorney Miriam Aukerman filed suit to determine whether staying the night at a shelter constitutes residency. All three of the city's emergency shelters are within school zones.

In her suit, Aukerman cited last year's freezing death of Thomas Pauli, found dead in a salvage yard. She said her clients were not convicted of serious crimes; three were high-court misdemeanors.

Loe wrote in his affidavit that he was convicted of attempted third-degree criminal-sexual conduct for having sex with a 15-year-old girlfriend when he was 19. He said she admitted to police that she told him she was 17.

Aukerman wrote Forsyth, the prosecutor, and asked that Loe be allowed to stay at Guiding Light. She noted a recent state Court of Appeals ruling said homeless sex offenders cannot be prosecuted for failure to register addresses if they have no address.

Forsyth responded in an April 5 letter: "While I can appreciate Mr. (Loe's) multitude of problems, absent a change in the law or the issuance of an injunction, I am not willing to allow him to violate the law by continuing to sleep at the Guiding Light Mission. ... Whether Mr. (Loe) should be allowed to register as homeless, however, is a decision to be made by Grand Rapids Police Department."

Records showed that Loe signed a Grand Rapids Police Department form acknowledging he was advised his address, at Guiding Light, is within 1,000 feet of a school. The form read, "I have been advised that charges will be sought for my arrest for a residency violation of the Sex Offender -- School Safety Zone if I have not moved, or have moved and not advised the appropriate law-enforcement agency of my new address ... ."

The state has not yet responded to the federal lawsuit. Forsyth's attorney, Daniel Ophoff, said Forsyth is immune from liability, and that any alleged injury to the plaintiffs resulted from Grand Rapids Police enforcement. He also said the plaintiffs failed to provide factual support to show a violation of constitutional rights.

Degage Ministries and Mel Trotter Ministries also are plaintiffs in the lawsuit. The agencies said sex offenders were "generally denied admission" because the agencies are within school zones.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


Attorney General Eric H. Holder, Jr. Justice Address at Vera Institute of Justice

Here he talks about "getting smart on crime," and past politics, which I totally agree with, but I doubt he will follow through on it, most politicians do not, it's all smoke and mirrors. His past has shown that he is not about getting "smart" on crime, but following the bandwagon.

Video Link | Web Site (Contact)



"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


ME - CONSTITUTIONAL LAW Ex Post Facto Effect

Original Article

04/14/2010

In this important case, the Law Court held, in a carefully reasoned and well-written opinion by Justice Levy, that giving retroactive effect to the Sex Offenders’ Registration Notification Act of 1999, is punitive and violates the Maine (PDF) and United States Constitutions’ prohibitions against ex post facto laws. The holdings supporting this conclusion were that SORNA of 1999 was properly evaluated on its face and not in relation to how it has been applied against any individuals and that the Maine Constitution’s ex post facto prohibition is coextensive with that of the United States Constitution. The aspects of the 1999 SORNA that most troubled the Court were the imposition of a life time registration requirement without opportunity for waiver and quarterly in-person verification procedures. The defendant in this case was sentenced under an earlier and less punitive SORNA provision for gross sexual assault against a thirteen-year-old girl when he was nineteen. A clinical psychologist tested the defendant for risk of reoffending and concluded that he presented the lowest possible risk.
- Even if he was a high risk, adding punishment after the fact is unconstitutional!

It is impossible in this space to adequately summarize the Court’s complete and in-depth analysis. Those who are interested in this issue should read it for themselves (PDF).

Justice Silver concurred in the result but would have found that the Maine Constitution’s ex post facto provision provided greater protection than that of the United States Constitution and would have added to the factors considered in determining whether the new statute violated the ex post facto provision the stigma created by the registration requirement which, although due in part to the offense itself, is “indisputably heightened with Internet publication.”

The opinions of the majority and of Justice Silver in this case fully justify the principle of independent review of Legislation by an equal arm of the government.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


CA - Family Of Amber Dubois To Host Search-And-Rescue Class (Why not prevention, rehabilitation and education instead?)

Original Article

So when are we going to start educating people and working on true prevention and rehabilitation? This is for an after the fact crime has occurred, but what about educating people about sexual abuse, educating kids in school about it, and work on preventing the crimes in the first place?

Nothing about the current sex offender laws, based on lies and myths, will actually do anything to prevent crime or protect anybody, they are just
placebos to make you "feel" safe, while not actually making you any safer.

Until we get over the "
for the children politics," which do nothing except get politicians elected and help their own careers, we will continue to achieve nothing.

04/15/2010

3-Day Class Taught By KlaasKIDS Foundation Search Center

ESCONDIDO - Starting Thursday, the family of slain Escondido teenager Amber Dubois, who was missing for more than a year when her body was found, will host a three-day search-and-rescue training class.

Amber was 14 when she disappeared while walking to Escondido High School in February 2008. Despite searches by hundreds of volunteers, she remained missing for more than a year, until remains were found March 6 in Pala, about 25 miles north of her home.

The class is scheduled from 6 p.m. to 9 p.m. Thursday and Friday, and from 9 a.m. to 3 p.m. Saturday. It being taught by Brad Dennis of the KlaasKIDS Foundation Search Center, which is named after 12-year-old Polly Klaas, who was kidnapped and killed in Northern California in 1993.

Thursday and Friday, the class will meet at the family's former search-and-rescue headquarters at 755 N. Quince St. in Escondido. Saturday's meeting will be in the field.

Participants will learn about tracking, preserving a crime scene and other search-and-rescue tactics.

The cost is $125 per person and includes class materials and a certificate of completion.

No one has been arrested in Amber's death, but convicted sex offender John Albert Gardner III, 30, is a focal point of the investigation, according to Escondido police.

Gardner is jailed on charges of raping and murdering 17-year-old Chelsea King of Poway on Feb. 25. A preliminary hearing is set for Aug. 4.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


CA - Adding to California's dysfunction: Chelsea's Law is wrong

Original Article

04/15/2010

California hasn't yet figured out how to deal justly with sex offenders in a way that protects the public but doesn't break the bank. Unfortunately, Chelsea's Law, proposed this week, takes another step in the wrong direction.

Backed by legislators from San Diego County, where a convicted sex offender has been accused of the February rape and killing of 17-year-old student Chelsea King, the proposed law would send some first-time child molesters to prison for life and require others to wear tracking systems forever.
- He has only been accused, not convicted, yet as usual, everyone is jumping the gun and assuming he or a sex offender did this.  What ever happened to innocent until proven guilty?

"These offenders cannot be rehabilitated. They do not deserve a second chance," Chelsea's father, Brent, declared during a Capitol press conference to support the bill by Assemblyman Nathan Fletcher (Email), R-San Diego.
- Says who? You? You are just repeating the stuff you've heard over the years by the biased media.  Many studies show that sex offenders have the second lowest recidivism rate of any criminal, except murderers, but the media and politicians won't tell you that. So see the link above and view the many studies for yourselves.

The thing is, rehabilitation can and does work. As the Sex Offender Management Board pointed out in January, "Research is consistently showing that the lowest recidivism is occurring when both treatment and surveillance are more evenly balanced in an individually developed case plan."

Besides, lifetime monitoring is already required for some offenders, but it isn't done because cities and counties can't afford it. Chelsea's Law would make the state pay, but Assemblyman Fletcher acknowledges that he doesn't know what that would cost.

Here's a preview: The Department of Corrections and Rehabilitation recently reported that it's costing about $55 million a year to monitor the 7,100 parolees who have GPS bracelets. It is also costing more than $40,000 a year to keep an inmate locked up. How much California afford to spend on this?

The 16-member Sex Offender Management Board -- which includes law enforcement officers, prosecutors, state corrections officials, victim advocates, county probation and treatment providers -- was established to give some much-needed, fact-based advice to state lawmakers.
- And you can see by the above, the deck is stacked.  Where are the civil/human rights people? Where are the sex offender experts?

It has recommended a number of fundamental changes that research shows would better protect the public and which ultimately might prove cost-effective, particularly if it cut down on recidivism. Yet only one is included in Chelsea's Law: A provision to prevent convicted child molesters from hanging out at public parks. The other proposals are steeped in the understandable emotions of a community that wants lawmakers to "Do Something."
- How many sex crimes have occurred at a park, school, daycare or any other place a child congregates? Most sex crimes occur in the victims own home, very few are stranger danger type incidents.

But that's exactly the kind of law that has made California's handling of sex offenders so dysfunctional. As the Sex Offender Management Board put it in January: "These swift approaches may address short-term community outrage at the cost of directing resources and skilled personnel away from investments in strategies for long-term safety."
- It's clear, IMO, that politicians, the media and public do not care about truly protecting children.  If they did, then they'd realize most crimes occur in the victims own home, close family or friends, and nothing about these laws do anything to protect anybody or prevent any crime, they are just "feel good" laws to make the people feel better because offenders are being punished over and over.

Chelsea's Law still has a long way to go before it becomes California law. As it makes its way through legislative hearings, scheduled to begin this month, lawmakers must rework it to include more of the cool-headed recommendations from the advisory board and remove the emotionally charged pieces that will do little or nothing to ensure public safety.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


CA - Ex-cop (Thomas John Sadler) who assaulted prostitute gets prison

Original Article

04/15/2010

By Dana Littlefield

Former sheriff’s detective sentenced to two years

SAN DIEGOThomas John Sadler, a former sheriff’s detective, told a judge Wednesday that for most of his adult life he’d been a part of two families: one to which he was bound by blood or marriage, the other by his badge.

He broke his bond with the latter in February 2008, when he picked up a woman he knew was a prostitute and drove her to a Mission Valley parking lot.

I was always proud to be part of the Sheriff’s Department,” Sadler said as he sat in court, dressed in county-issued jail clothing. “But I know that because of my actions, I’ve lost (that) forever.”

Sadler, 49, of Santee was accused of sexually assaulting the victim by groping her against her will. After deliberating less than two days, a jury found him guilty on March 1 of felony assault and battery by an officer and two misdemeanor counts of assault and false imprisonment.

Despite Sadler’s plea that he be placed on probation, San Diego Superior Court Judge Michael Smyth sentenced him Wednesday to two years in prison, the middle term available under the law. He faced a maximum term of three years.

Smyth said Sadler had committed an “egregious abuse” of authority and targeted a victim who was uniquely vulnerable. The judge noted that the woman suffered no significant physical injuries but was harmed emotionally by the ordeal, according to her testimony in trial.

He victimized someone who is less likely to complain and less likely to be believed,” the judge said.

Sadler, who is married, apologized to the victim, who was not at the sentencing hearing.

I’m sorry for any pain and suffering I caused her,” he said in court. “I truly am, your honor, I truly am.”

Smyth did not require Sadler to register for life as a sex offender, noting that the crimes for which Sadler was convicted did not indicate sexual intent.
- What?  He groped her against her will, kidnapped her, etc.  Another cop getting a break!

During the trial, Sadler testified that he picked up the woman at a bus stop on El Cajon Boulevard in North Park on Feb. 6, 2008, and drove her to a parking lot on Camino del Rio South underneath Interstate 805. Once they got there, he said, he lost his nerve and decided to search the woman for narcotics. Finding none, he tried to leave.

But a struggle ensued when he noticed the victim trying to take a photograph of his license plate with her cell phone. He tried to take the phone away from her and eventually managed to toss the battery into some nearby bushes.

Noticing witnesses in the parking lot, Sadler got back into his car and drove away, knocking the woman down with his car door.

I can’t explain what came over me that day, your honor,” Sadler said in court, adding that he was suffering from stress after being passed over for a promotion. “I was a man and I saw a prostitute and I wanted to have sex. … I didn’t want to hurt her.”
- That proves intent right there.

Deputy District Attorney Jeffrey Dort argued that this was not the first time Sadler had exhibited bad behavior during his 20 years as a sheriff’s deputy. The prosecutor presented testimony from four other women who claimed he had touched them inappropriately while on duty.

Authorities investigated the incidents but could not substantiate the women’s claims.

Sadler’s lawyer, Mary Ellen Attridge, said the women’s testimony was not credible. She said Wednesday that the verdict shows the jury agreed, because they did not convict Sadler of any sex crimes.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


NJ - Officials: Cops coerced boys in NJ gang-rape case

Original Article

04/15/2010

By BETH DeFALCO

TRENTON – The two youngest boys charged with gang-raping a 7-year-old girl last month may have been pressured into confessing and implicating others in the case, according to two people with firsthand knowledge of the police interrogations.

Two men — 20-year-old _____ and 19-year-old _____ — and three boys, ages 13, 14 and 17, have been charged with rape at the March 28 party. The girl's sister, who police say sold her to the men during a party in a vacant apartment, was charged with promoting prostitution, aggravated sexual assault and other crimes.

Four days after the party, the 13- and 14-year-old who live near the gritty public housing complex where police say the assault took place were brought in for questioning.

Kevin Main, who represents the 17-year-old and who has reviewed the police interrogations of the boys and the 15-year-old girl, told The Associated Press that investigators put words in the boys' mouths and led them to believe they wouldn't get in trouble.

"Whatever they are agreeing to, it is with the expectation that they go home when they are done," Main said.

Trenton police spokesman Sgt. Pedro Medina declined to comment on the investigation Wednesday other than to say that more arrests were expected. A spokeswoman for the Mercer County prosecutor also declined to comment.

Last week, the 7-year-old's stepfather said _____, _____ and the 17-year-old tried to help the girl and were not involved in the rape.

Police have not released the names of the juveniles. The AP generally does not identify people alleging sex crimes and is not naming the 15-year-old or her parents to avoid identifying the 7-year-old.

The younger boys were shown pictures and asked to sign the ones of people they recognized from the party, Main said.

"It's clear which police want them to sign and which one they don't want them to sign," Main said. "At no time did they mention my client's name. When officers brought up my client's name, they got an 'uh-huh' out of one of the kids."

Main and another official with direct knowledge of the interrogation said police pitted the boys, who are good friends, against each other during interviews and told them that the other saw him engaged in sex acts with the child.

The official spoke only on condition of anonymity because the official fears retaliation from police.

According to the official, the 13-year-old boy cried for nearly half the interview and repeatedly asked for his mother.

After extensive questioning, both boys said they had sex with the girl. But in those same interviews, they also indicate that they felt pressured to make up a story and implicate others, according to Main and the official.

"I should just make up a story to get it over with," the official recalls the 13-year-old boy saying.

Jason Hageman, who represents _____, said there seemed to be a "concerted effort to coerce these juveniles to admitting to doing something they haven't have done."

He said _____ didn't have sexual contact with either girl and he is confident that forensic testing will support his claim.

"He has given DNA. He was very open about it. He knew they wouldn't find any of his DNA" on the girl, Hagemen said.

Forensic evidence is still being tested by the state police lab, Trenton police said.

According to the official, the 13-year-old told police that _____ didn't touch the 7-year-old either, but by the end of the interview, he changed his story and said _____ had raped her.

The boys are learning disabled and the 14-year-old can't read or write, the official said. The 13-year-old boy often seemed confused during the interview, the source said.

At one point, he said the group held down the 15-year-old and had sex with her, but police have said the 15-year-old voluntarily had sex with several men for money.

When police asked him the color of the girl's T-shirt, he said "white," to which police encouraged him to "think again," the official said.

The 14-year-old boy, whose mother and aunt were alternately present during his interview with police, told investigators that if others said he did the crime, he must have done it. The aunt told the boy that since he is a juvenile, he wouldn't be in much trouble.

Assistant Prosecutor Jennifer Downing said several witnesses saw _____ having sex with the 7-year-old girl.

_____ denies touching her, and his defense attorney questioned in court whether the 7-year-old was raped at all.

_____ has also been charged with statutory rape for having sex with the 15-year-old, which he admits doing. His attorney has said the girl told everyone at the party that it was her 18th birthday that weekend.

Main said the 15-year-old's story seemed to "change by the minute" and that she seemingly identified people at random during her interview.

The 7-year-old's story of what happened to her closely resembled the sex acts that she may have witnessed being done to her sister, the official said.

The 15-year-old told investigators that she had sex with five men in a back bedroom and her younger sister walked in and witnessed some of it, the official said. The 7-year-old girl told police that five men had intercourse with her and forced her to give them oral sex, the official said.

During the interviews, the 7-year-old also said she and her sister were planning to run away and that she was afraid of getting in trouble when she came home. When she arrived at her house, police were there because their parents had reported the girls missing and told police they feared that the older girl had run away and taken her sister with her.

An affidavit for probable cause alludes to a medical finding that he believes is inconsistent with the injuries from a gang rape, Main said.

"If a gang raped that little girl, I don't think she would be alive," said _____, _____'s sister.


"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin


CA - Chelsea's Law: King's head to Sacramento to introduce Legislation

Nathan Fletcher is such a media whore. I have seen so many videos of him pushing this law, which will do nothing to prevent crime or protect anybody, but as usual, he uses the "for the children politics" to further his own reputation, career and to get his name attached to some law exploiting a child's death! It is stuff like this, and the Obamacare, why I hate politics!

Video Link | Nathan Fletcher YouTube Channel



"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin