Tuesday, September 27, 2011

CO - Letter I am sending to Colorado

The following was sent in via the "Contact Us" form, and posted with their permission, as sent. We are not sure which post is being referred to, though.

From BK:

In one of your previous articles you had made mention of how folks need to start standing up more. Well I have been fighting the issues I have with all these laws. In other words, I am in a constant state of trouble over all the changes that take place. I have spent quite a few years fighting back. My time and sentence long since over. But still the absurdity of it all keeps changing and keeps resentincing on the original "crime."

Anyway long story short I have spent 9 years on appeals from the original case and now on the failure to register I am starting those appeals. I am one of the individuals from Ohio who has been put through the mill so much it has almost become second nature.

Currently I am fighting Colorado who charged me with failure to register. Even though I had no obligation to register. I even went to trial and was still found guilty. Even with the proof from Ohio that I had no requirement to register. Anyway I am fighting the Colorado department of public safety who has me registering even though I do not live in Colorado. I live in another state who is actually abiding by Ohios ruling and does not have me on the registry. But Colorado does and basically my response to them explains what thier reasoning is. It is basically a setup.

I basically wanted to share this letter so that others can see that you do have to fight from every way you can. I am not a genius and this is probably not the best written letter. But to me it doesn't matter because I am going to keep going and keep fighting. In my opinion they have created this "war" and it is my life they are taking. For every dollar I have to spend in fighting back I want them to spend 100 dollars to fight me. That is the whole point of it. You can not stop fighting back and it has to cost them more then it does you.

I hope my letter is a good read. I will of course submit the reply. If you chose to post this great. If not I fully understand. I have sent this to the Attorney General, the Governor, Department of Public Safety, and the DA for both counties.

Thanks for listening and I hope others get some encouragement. If you choose not to post this I understand.



Colorado Department of Public Safety
Judy Kinyon
690 Kipling St
Suite 3000
Denver, Colorado 80215

September 27, 2011

Dear Ms. Kinyon,

I am in receipt of your letter dated August 25, 2011. After careful review and study of all facts in this matter I have found no basis for the claims you have outlined. There is no law outlined, no court order, or any requirement for me to be on the Colorado or any other registry. The simple fact that I am placed on their only serves the current purpose of vigilante style justice.

To be very clear on this whole matter, you must provide proof of a requirement to register. You simply have not done this. There is not, nor has there ever been any requirement to register for failing to register. It is not in any Colorado law book and simply does not exist. Further do you have any such court order from the respective courts in these cases? The answer of course is no. The courts in both Douglas County and Arapahoe County did in fact determine that this was a non registerable offense. This now puts your department in direct violation of your own laws and further in violation of the court’s decision.

Secondly on March 3, 2011 I was no longer required to register for the Ohio offense. Unless you can provide proof from Ohio, Then again you also are in violation of the law as it is written. No state (Including Colorado) can increase a punishment for any crime EX POST FACTO.

Colorado does not have authority to increase the original sentence or to change the requirements. This is punitive in nature and not civil. In thus changing another courts sentence does in fact make this illegal in all respects.

In addition it is and still remains Colorado who in fact erred buy changing the original decision from a 10 year to a lifetime. This was done by your very own department and done after the fact . It was based on information from Ohio that was improper at the time and was used improperly. This was never done, as the law in Colorado states very clearly, by a sentencing court. But rather this was done by an individual who chose to make the decision based on irrelevant facts. Those facts have in fact changed, and the courts in every instance have upheld the decision. I have enclosed this information for your reading.

The decision of your department at that time in 2007 to change this information, was in fact improper, and illegal. I have the original paperwork from Douglas County with regard to this. It states very clearly that it was a ten year annual. But instead your department changed it, and did so illegally and without the proper authority. That terms the decision as simple vigilante justice and even makes this to be nothing more than an abuse of authority.

The last issue that is very clear and present is the confusing twist that you have placed on this whole matter. How can I be registered in Colorado when in fact I am not a resident of Colorado? It does not state in the paperwork that you have sent to me that a non resident of the state of Colorado must register with Colorado. That would actually defeat the whole purpose of deregistering! That would also mean that the case in Arapahoe was in fact false charges to bring because by your standard, there is no such thing as de registering. So are you now telling me that Arapahoe made an illegal case? Which they did but for different reasons then the one you have claimed by your statement.

To add to all of what has been stated in your letter you claim that I have to petition the courts to do this. Of course you made sure not to tell me which court or where. Or is the true reason because there is no petition for someone who is actually not a resident and not under Colorado’s authority? I think the latter is the actual truth here.

But that fact aside you still can not have someone register who is not a resident. Can you show me in the law that you sent to me where it says that non residents must register? No because it does not say that. In addition if you are forcing this registration can you even explain how I am supposed to register? The whole premise of what you are claiming is absurd? Keep in mind you have me on the registry that you can not even offer legitimate legal proof that I am required to be on. But I am supposed to register with a state that I don’t even reside in? How exactly do we do that? We can’t can we?

So again we are simply dealing with a law that doe not exsist, a registration that is not required, and self made vigilante style of thought.

Now that I have provided the very reasons that you are in fact wrong in this issue I am going to make this statement very clear. I am not under any requirement anywhere to register and further I am not bound by the state of Colorado in any way shape or form to this registry.

As of may 18th of 2011 I no longer resided in the state of Colorado and all duties and obligations to the state and the registry ceased. The correct paperwork was signed to deregister me. Which also means this. that as of May 18th the State of Colorado is, and as of the date of this letter, remains in error and by the letter that you have written, further refuses to acknowledge or correct this error. The State of Colorado is also in violation of its own laws and its own constitution. The State of Colorado is in fact causing harm to another individual, and is doing so with complete malice and ill intent. The state of Colorado is also abusing it’s power and authority with the intent to harm another. The state of Colorado has also chosen to act without authority and to re sentence and individual that it does not have jurisdiction over or to do so. The state of Colorado further lays claim to registry requirements that it does not have any such finding of fact upon. Nor can they provide any such finding. The state of Colorado also is acting with bias and complete malice by not informing this individual that the state has in fact changed the courts decision and has instead left that in the hands of a department that has little to no oversight.

I contend that the state of Colorado has made to many errors and is acting with complete malice and full disregard for the law. The state of Colorado is in fact causing harm to be done at this point in time. The state of Colorado is causing harm to be done that can not be reversed or undone.

With no evidence or court documentation and the several acts by which the state of Colorado has taken. It is deemed that the state is in fact grievous in it’s errors and refuses to correct or provide proper course of action to correct the actions. The state again offers no proof of how they can do this or a court order. Nothing anywhere states that a non resident must register with the state of Colorado for non registerable offenses.

Therefore Unless a court order is provided it must be taken as fact the above statements. The state now owes an obligation to the individual, namely myself. I do state now that damages are owed in a matter such as this. Those damages are at a cost of 1,000,000.00 per day for a current total that is owed of May 18th-September 27, 2011. This currently totals 132 days or a grand total of 132 Million. In addition the removal of my name from the registry must first and foremost take place.

I am granting 30 days upon receipt of this letter for the states answer. If within those thirty days my name is removed, I will be happy to renegotiate. Otherwise I will continue to tally the damages until a court order is entered with a judgement upon the state of Colorado.

Sincerely,

__________________________


CA - Penal Code 290 - Failure to Register as a Sex Offender

NOTE: We do not know this law firm! We are simply posting the video for informational purposes only.


Make Changes to Residency Restrictions

The following was posted in the forums by "noprimenumbers," and can be downloaded from our archives.

I have completed a PDF form that I believe will help in getting the residency restrictions lifted.

Once used it can do a number of things that are needed for proving that these restrictions are illegal. The Idea is to get an attorney to submit it as a formal request for distances to be measured. It can then be used in court as evidence that laws and rights are being violated. If the attorney can't get anyone to acknowledge the form it can go to court to have the judge force it to be done. In Missouri if the judge forces the Sheriffs office to perform this task then the judge would be violating State laws that would require the judge to have the Elected County Surveyor to perform the measurements.

This form should be reviewed by and adjusted by an attorney for each state so that it would enforce compliance with all of the laws without actually telling them what those laws are. The only law actually listed is the applicable sex offender law. Yes, this could be seen as a form of entrapment but it would be equal to what is done by law enforcement in the sex stings that they use. They don't have to tell that guy on the other end of the computer everything and we don't have to tell the person on the other end of that paper everything. In both cases the responsibility of knowing and following the law is clear. The only thing that the sex offender is and should be concerned with is the law that affects them. It is the responsibility of the State to issue rules and guidelines along with proper training to ensure compliance with other state laws. This, however, is not done so the result is that the State failed to fulfill its duties and obligations as the finalized form would show.

If you are lost on this subject and need help in understanding what I am talking about please ask (in the forums).


IL - County workers shun new sex offender rules

Original Article

09/27/2011

By James Fuller

Kane County officials may lead a politically hazardous local push against a federal law that would make Illinois’ sex offender registration laws more stringent while also pulling the state in line with the rest of the country.

Employees from the county’s court services department urged county board members to lobby against pending state legislation to bring Illinois in compliance with the Adam Walsh Child Protection and Safety Act signed into law by President George W. Bush in 2006. The idea behind the law is to create a more vigilant tracking system of convicted sex offenders that will give law enforcement more tools to apprehend the offenders if they disappear after their release from prison.

Every state was to comply with the law by July 2011. Only 14 states are in compliance.

A pending bill in the Illinois General Assembly would add Illinois to that list. Illinois Senate Bill 1040 (PDF) would create a three-tiered system for sex offender registration.

Under the proposal, even misdemeanor sex offenders would have to register every year for 15 years. Felony sex offenders would have to register every six months for 25 years or every three months for the rest of their lives depending on the severity of the crime.

Registration would include fresh fingerprints and palm printing, as well as an updated photo for law enforcement. All sex offenders would face possible reclassification under the three-tiered system regardless of how old their offense is.
- And this would be an unconstitutional ex post facto law.

But some of the groups charged with administration and enforcement of the proposed three-tiered system say the federal law, and Illinois’ proposals to comply with it, are deeply flawed.

Organizations like the Association for the Treatment of Sexual Abusers said there is no scientific research supporting sex offender registration as a successful method to reduce future sex crimes by past offenders.

Employees from Kane County’s Court Services Department joined that outcry Monday, particularly in regards to how the pending change would affect juvenile sex offenders.

Chris Starkovich, special programs supervisor for the court services department, said juvenile offenders will lose their ability to keep their offenses private and start adulthood with clean slates. Many juvenile sex offenders who receive court supervision will wind up on the public sex offender list for the first time, he said.

This changes the ballgame big time for these minors,” Starkovich said. “We would not want to support that. It flies in the face of the juvenile court’s philosophy of rehabilitation.”
- And it flies in the face of rehabilitation for adults as well.

Missing or being late for even one required re-registration can result in being charged with a felony offense. That would automatically trigger biannual or quarterly sex offender registration for the next 25 years to life, Starkovich said.

Violating a required registration can happen as easily as going out of town for three or more days without filing a detailed itinerary with police, driving a relative’s vehicle without telling police, or getting a new phone or email address and not notifying police.

Local police and sheriff’s deputies will also find themselves driving out to sex offenders’ homes to verify residency up to four times as often as they do now, county staff members said. There is no additional money proposed to help counties or local communities perform the additional registration tasks.

But reaching federal compliance also carries a price tag. States failing to comply with the Adam Walsh law lose 10 percent of the money they now receive from the federal Edward Byrne Memorial Grant Program.
- Isn't this called bribery, which is a crime?  Losing 10 percent of the bribe money is a lot better than spending millions more in order to comply.  Why spend millions to save thousands?  Doesn't make since to me.

That money can be used by states and local communities for a variety of law enforcement needs. Illinois receives one of the largest allocations of that grant money every year. The state received nearly $19 million from the program in fiscal year 2010.

Kane is like many counties in Illinois in that it doesn’t typically receive a direct cut of that cash. However, Kane County is required to work in cooperation with Elgin and Aurora for sex registration efforts. Those two cities most recently received grants with a combined total of about $111,000 from the program.

State Rep. Dennis Reboletti said Illinois would lose about $1 million in federal grant money each year it fails to comply with the Adam Walsh law. The Addison Rebublican sponsored the House version of the pending Senate bill.

The big-picture perspective is we need to be able to track down these people with more precision than what we do now,” Reboletti said. “I’m a former prosecutor, and I’ve seen the devastation that has been done to child victims. These individuals are evil. They need to be tracked.”
- And it's because of people like you, IMO, why the justice system is now the injustice system.


IRELAND - Sexy clothes put girls at risk - say 45pc of young men

Original Article

09/27/2011

Almost half of all young men believe that women risk rape when they go out at night wearing provocative clothing, the Herald can exclusively reveal.

Figures from a yet-to-be-released Irish study have shown that a significant proportion of male students believe that women who claim to have been raped are partly responsible for it.
- I disagree.  It doesn't matter if a woman is walking around stark naked, it doesn't give anybody a right to rape them, period!  It's the men' own lack of control which is the cause for the rape.

This mistaken belief can be particularly dangerous to victims of a sexual assault who feel tremendous amounts of pressure from their peers to not reveal the incident.

According to the Sexual Violence Centre, 80pc of teenagers who are sexually assaulted know their assailants, and feel huge pressure from peers not to reveal the incident -- due to the internet. "One of the big concerns about modern technology is that incidents like these cannot be kept private, and young people will insult the victim, telling her she's a slut and so on," Mary Crilly, Director of the Sexual Violence Centre, said.

"They will use the internet as a way to favour the assailant, all he has to say is that it was consensual and the majority will believe him because double standards are alive and well."

"It's not so much pornography online that has caused this increase in the number of incidents, because plenty of young boys watch the same videos and are not raping anyone."

"The ones who do it, do it because they can get away with it, they can say the girl was a tease and with attitudes not changing but clothes getting more revealing, people will believe them."

Nearly 3,000 college students participated in a questionnaire concerning their attitudes and awareness of sexual violence in May 2011.

The majority of the 2,821 respondents were older teenagers in their first year (44.9pc) and second year (21.6pc) of university.

The results, which will be published by the Sexual Violence Centre in Cork later this month, showed that conservative beliefs about rape still persist. According to the research, between 40pc and 50pc of male respondents approved the three following statements: "Many women claim rape if they have consented to sexual relationships but have changed their minds afterwards [49.3pc of male students agreed with this statement]."
- If someone consented to sex, had sex, then afterwards changed their minds, well, it's too late then.  If you then accuse the man of rape, you are falsely accusing him of something that is not true, but sadly, this does happen a lot, see our Facebook page below.

"A woman who goes out alone at night or wears provocative clothing, puts herself in a position to be raped [44.6pc]."

"Women often claim rape to protect their reputations [40.1pc]."
- I do agree with this.  False accusations happen all the time, as can be seen on our Facebook page, and elsewhere.

Ms Crilly told the Herald that the mistaken beliefs held by the male student population can prove very harmful to victims of sexual violence.

Judging

"It's heartbreaking to hear a young 14- or 15-year-old say that they feel it was their own fault because they were wearing a short skirt or had a drink. We should be judging the people who chose to take advantage of them when they were in a vulnerable position more than anything else," she said.

Ms Crilly also insisted that in her 30 years of experience she had only ever come across one or two cases where she did not believe the victim to be genuine.

"It's important to stress that women are not the ones who charge someone for rape -- they can only make a statement to the police, and the public prosecutor may decide to take the case to court after the investigation is completed -- false rape claims are extremely rare."
- I disagree with the highlighted statement, they are very common.

The centre's upcoming research is particularly noteworthy in light of recent figures on juvenile crime which show a considerable increase in the number of sexual offences.

Last year, 195 sexual offences were committed by juveniles, compared with 74 in 2009.

The 2010 report of the Garda Diversion Programme also recorded 50 cases of rape on a male or female (17 in 2009), 119 cases of sexual assault (40 in 2009), and 10 cases of defilement of a boy or girl under the age of 17 (nine the previous year).

This serious increase was highlighted this year by cases such as the alleged rape of a 15-year-old girl at the Tramco teenage disco in Rathmines on June 23. A 14-year-old boy was arrested and later released.

The same month, a 15-year-old boy admitted sexually assaulting two 13-year-old girls in the grounds of a Dublin school.


GA - Retired officer (Claude Eddie Carter) busted for alleged Internet sex crime

Claude Eddie Carter
Original Article

09/26/2011

By Jennifer Mayerle

COBB COUNTY (CBS ATLANTA) - Cobb County police arrested a 25-year police veteran for internet sex crimes.

Claude Eddie Carter was arrested for sexual exploitation of children.

"It's a shock, a real shock," said neighbor Paul Morris.

The arrest warrant obtained by CBS Atlanta describes what happened. Carter solicited who he thought was a 14-year-old girl online. It was really a Cobb County police detective. While chatting on Yahoo chats, the warrant said Carter engaged in visual chat of a sexual nature, performing a sexual act on camera for the supposed 14-year-old girl to see.