Friday, March 23, 2012

MT - Some sex offenders get registration violations dismissed

Original Article

03/23/2012

By CLAIR JOHNSON

A Billings man sentenced to federal prison for failing to register as a sex offender recently had his conviction dismissed after federal court rulings clarified the law's effective date.

[name withheld], 53, who was convicted in September 2008 of failing to register as a sex offender, is among more than a dozen sex offenders in Montana whose convictions are being dismissed because of the issue.

Assistant Federal Defender Steve Babcock, who represented [name withheld], said persons accused of violating the Sex Offenders Registration and Notification Act (SORNA) after the law was enacted in July 2006 but before its effective date of Aug. 1, 2008, are having their convictions dismissed.

The dismissals follow a series of rulings by the U.S. Supreme Court and the 9th U.S. Circuit Court of Appeals on the interim period between the law's enactment and effective dates. The 9th Circuit ruled that the law did not become effective against convicted sex offenders until Aug. 1, 2008.

The U.S. Attorney's Office in Montana and the Federal Defenders of Montana recently have filed joint motions seeking to vacate the convictions and sentences in 14 cases, Babcock said.

Chief U.S. District Judge Richard Cebull "got the ball rolling" to correct the cases, Babcock said. And the government also responded quickly, acting "in an unbelievably prompt manner," he added.

In a Feb. 24 order, Cebull said he had received a list from Assistant U.S. Attorney Marcia Hurd, who prosecutes most of the cases, and the federal defenders of 14 defendants, including [name withheld], who had been erroneously convicted. The judge directed the attorneys to file joint requests to vacate the judgments.

Cebull ordered [name withheld] released March 3 and the next day, [name withheld] was released from a federal prison in Tucson, Ariz.

[name withheld] was indicted in April 2008 for traveling to Billings two months earlier and failing to register as a sex offender. Babcock and Hurd said in their motion that [name withheld] was innocent because failing to register was not yet a crime.

[name withheld] was convicted in Oklahoma in 2003 of rape involving a child and was sentenced to 10 years in prison with five years suspended, court records said. He was released in 2007, designated an aggravated sex offender and required to register.

[name withheld] was registering daily with the Oklahoma City Police Department because, as a homeless person, he had a daily registration requirement. [name withheld] eventually moved to Montana, registered to live at the Billings Rescue Mission in February 2008 to receive help but failed to register with law enforcement as a sex offender, court records said.

Billings police encountered [name withheld] in February 2008 and learned in a routine warrants check that [name withheld] was a convicted sex offender. The officers advised [name withheld] he needed to register. A month later, officers arrested [name withheld] on an Oklahoma warrant for violating probation.

[name withheld] pleaded guilty in U.S. District Court in Billings in September 2008 to failing to register, and Cebull sentenced him to 30 months in prison.

The judge then revoked [name withheld]'s supervised release in August 2010, about three months after he was let out of prison, for violations and sent him back to prison for two years. The judge recommended the Tucson prison because it has a sex offender treatment program, court records said.

[name withheld] served another 19 months before being released this month. In all, [name withheld] was incarcerated for about three years and eight months.

Although his conviction has been dismissed, [name withheld], who is living as a transient in Billings, still has to register as sex offender, Babcock said.

"The cases did not overrule SORNA and make SORNA ineffective," he said. While the law has generated an enormous amount of litigation, it remains in effect, he said.


Damn 09/11 - Is the Mark of the Beast in the works?

Yeah, call me crazy, but I wonder. Ever since 09/11, the world has gone insane and slowly, well rather quickly, our rights are being eradicated, and the sheeple just sit there and watch. Remember the Jews and Nazi Germany under Hitler? The world sat back and watched that as well, and we all know that didn't turn out very well.

Pretty soon they will be coming for your DNA, urine and stole samples, and all your private information will be public, and they will be able to enter your home just like the Gestapo did, then they will want to implement some kind of national ID with all your personal information and money on it, so you won't be able to buy or sell without it.  And finally a nice "666" on your head or hand to show you are compliant with the Beast!

Everybody is now a suspected criminal!

Just watch the headlines, it's all unfolding! Here are a few, that just popped up today.
  1. New Jersey lawmaker wants DNA from those convicted of minor crimes
  2. US Intelligence to keep tabs on Americans with no ties to terror
  3. New Jersey middle school bans hugging
  4. Registries similar to the sex offender registry, are in the works (First domino has fallen!)


FL - Miami Commission Sues State Over Sex Offenders

Original Article

This just shows how these idiotic politicians are wasting your tax payer dollars. The state passed the 1,000 foot law, but the city didn't think that was good enough, with the help on Ron Book, so they upped it to 2,500 feet. That is exactly why these offenders are homeless and roaming around without homes and jobs. Repeal the draconian 2,500 law, go back to the 1,000 feet, and most of this will vanish! Surely the judge will throw this out of court since it's the law the city passed that is causing the problem.

03/22/2012

MIAMI (CBS4) – The Miami City Commission is taking up its battle against homeless sex offenders again. Thursday, the commission voted to sue the state of Florida to stop sending sex offenders to live at the corner of NE 10th and 79th Street in Miami.

It is an inappropriate use of that function of government to place sex offenders in the city of Miami,” said Commissioner Marc Sarnoff, who proposed the lawsuit.

Miami Police said 23 registered sex offenders now call that 79th Street location home and sleep on the sidewalks every night. They said the offenders are there because local restrictions prohibit them from living near schools or day cares.

Police said it was the sex offenders that told them probation officers directed them to that location.

Some of them had very synonymous stories which was I got out of prison I go see my probation officer,” explained commander Manuel Morales, city of Miami Police. “First question they ask me was where are you going. He says I got no where to go. So they hand me this little piece of paper that says the address of 970 E 79th street. So two or three of them gave me the same story.”

The department of corrections denies sending sex offenders anywhere. But Miami officials said that is the same story corrections gave them years ago when a small city of sex offenders was growing under the Julia Tuttle Causeway.

The Miami City Commission also voted to have a city attorney and the Chief of Police draft state legislation to share the sex offender burden all over Florida and find a permanent solution. They have sixty days to report back to the commission.


TN - Sex Offenders Could Lose Their Ride Under Proposed Bill

Original Article

Hell, with the way they always use the "for the children" argument, I'm surprised they are not rounding up all suspected sex offenders and just killing them on the spot, you know, like the Nazi's did awhile back in history!

03/22/2012

By Adam Ghassemi

HENDERSONVILLE – It was a quick stop for lunch Thursday and a chance for five-year-old Kaden Woodard to enjoy the park. His mother, Jennifer Woodard, was always close by knowing she can't risk taking her eyes off her four kids because there are people out to hurt them.

"It's a real concern for me as a parent," Woodard said.

Last fall, Hendersonville Police arrested 42-year-old [name withheld], a registered sex offender, rode his bike to a nearby park anyway. He was later charged with a sex offender registry violation.

Now HB3398 would allow investigators to not only arrest offenders, like [name withheld], for violating the terms of their release, but also seize their property or vehicles as well.
- So are we also, to be fair and equal, going to do the same for all other criminals? If someone is arrested for DUI, take their car. Fair is fair, right? So I guess next they will be cutting off the persons legs because they can walk to the park, if they chose, as well?

"People who prey on children look for any way to get into that area," said Sergeant Jim Vaughn with the Hendersonville Police Department.

Vaughn says the idea could be a good deterrent to keep sex offenders away from places they aren't supposed to get near in the first place. "So people won't want to go to the park because they're aware if they go in there and if they get caught they're going to lose that vehicle that got them into the park," he said.
- What if said vehicle is their feet?

"We're just looking for ways to try to make them understand that they've got to stop hurting our kids," said Representative Debra Maggart, R-Hendersonville, who sponsored the bill.

Maggart says she hopes this will stop repeat offenders. "Sex offenders are usually very clever people. They're very manipulative people and so they're always looking for a way for whatever law we put in place," she went on to say.
- Yeah right, and politicians are very manipulative people as well, always looking for some way to exploit children, ex-offenders, fear and sex for their own purposes.

That could make parents, like Woodard, feel like their children are a little more safe. "You try to protect your kids at all costs and if there's certain laws that's going to help do that then it makes you feel a little bit better as a parent," she said.
- So what about protecting kids from falling down? Are we going to wrap them in padding so they cannot hurt themselves? Or what about getting hit by a DUI offender? Getting shot by a drive-by shooting? Or beaten to death by a parent? You cannot legislate the problem a way, it will never go a way, that is a fact of life. If someone commits a crime, then arrest them.

The bill would amend current law to allow law enforcement agencies to seize any personal property used by sex offenders convicted of preying on children. That means anything used to get them to places they aren't supposed to be could be sold to benefit child advocacy centers, court appointed advocates and the child abuse prevention fund.

The bill is still making its way through committee in the Senate. It's scheduled to go before the House next Wednesday.