Tuesday, April 10, 2012

OH - Sex Offender Law Change

Our Comment Left On The Video:
I am glad they did this, but the judge said juvenile court is about rehabilitation, but so is adult court, or so it was. Now it's about just locking people up to keep the prison business raking in the money and keeping people circulating through the injustice system. If you read the FACTS and not what the media wants you to hear, even adult ex-sex offenders have one of the lowest recidivism rates of any other criminal, but they won't tell you that!

Related Article:



VA - Former VCU Police Officer (James Edward Deford, Jr.) Pleads Guilty to Child Porn Charges

James Edward Deford, Jr.
Original Article

There sure are a lot of cops and government workers in Virginia being busted on child porn, see here.

04/10/2012

CHESTERFIELD - James Edward Deford, Jr., 35, of Chesterfield, pled guilty today to five counts of possession of child pornography, Attorney General Ken Cuccinelli announced. Deford was sentenced to two years, 10 months imprisonment in Chesterfield County Circuit Court.

Deford, a former officer with the VCU Police Department, was identified through an undercover investigation into the trading of child pornography over peer-to-peer networks on the Internet. An undercover officer with the Richmond Police Department came into contact with an individual on the Internet who was making computer files containing child pornography available for sharing to other users. During several online sessions in 2011, the undercover officer downloaded a total of six files containing child pornography directly from Deford. Officers then obtained a search warrant for the defendant's residence in Chesterfield County. Officers were able to seize numerous pieces of computer equipment which contained files depicting prepubescent children engaged in sexually explicit conduct. Further, Deford voluntarily admitted to downloading and possessing child pornography on his computer.

"The defendant's possession and trading of child pornography contribute greatly to the emotional and psychological damage suffered by the abused and exploited children depicted in this vile material," said Attorney General Ken Cuccinelli. "This case reaffirms the commonwealth's commitment to bring child predators to justice, regardless of their public standing or status."

This case was investigated by the Richmond Police Department. Assistant Attorney General Tommy Johnstone of the Virginia attorney general's office prosecuted the case on behalf of the commonwealth, with cooperation from the Chesterfield County commonwealth's attorney's office.


DC - 30-year-old alleged child porn producer replaces bin Laden on FBI's 'Most Wanted' List

Original Article

Wow, wanted more than mass murderers?

04/10/2012

A 30-year-old former school teacher who allegedly produced child pornography has replaced former Al Qaeda chief Usama bin Laden on the FBI's "Ten Most Wanted Fugitives" list.

[name withheld], who has used the alias "David Bussone," is wanted for his alleged production and possession of child pornography in Washington, D.C., and Maryland, authorities said Tuesday. A $100,000 reward is being offered for information leading directly to his arrest.

The investigation into [name withheld] began in 2008 when pornographic images of children were allegedly found on a school camera that was in his possession.

The FBI said in a press release that [name withheld], a former private school teacher and camp counselor, has eluded authorities and is believed to have traveled to various states since 2008, including Illinois, Indiana, Wisconsin, Minnesota. He is also suspected of living in Arizona in 2009.

The fugitive, whom investigators describe as a "computer expert," may be advertising online as a tutor or male nanny, authorities said.

"He has the ability to integrate into various socio-economic classes, and is an expert at social engineering," the FBI said. "[name withheld] possesses an educational background conducive to gaining employment in fields having a connection to children."

[name withheld] is described as 6 feet, 3 inches tall and weighing 155 pounds. He has brown hair and green eyes and a medium complexion. He also has a mole under his left eye.


The United States of Incarceration


WA - Class teaches parents and students the dangers of sexting

Original Article

04/09/2012

By BRETT CIHON

Send a text message to a friend and he or she might send it to someone else. And someone else. And someone else.

That’s exactly what officers Donna Main and Maureen Wheeler of the Port Orchard Police Department tried to emphasis to parents and teens at the Texting, Sexting and cyber-bulling class held March 28 at Cedar Heights Junior High School.

Send a scandalous picture to a boyfriend or girlfriend, and it could rapidly spread around the school.

You need to assume people will forward the picture,” Wheeler said. “It spreads quickly. Would you go to a mall and take all of your clothes off and run around?

While Wheeler’s mall comparison drew laughs, she made it clear that sexting, the act of sending sexually explicit messages or photographs, has become a big problem for teens and can lead to charges as drastic as child pornography.

According to Wheeler, 50 percent of teens and tweens have sent or received a sext. And though a Pew Research Center study puts the number at somewhere around 15 percent of teens receiving sexts, the issue is undeniable. Even in South Kitsap.

These kids, they can even text with their phone in their pockets,” Wheeler said. “They send things without looking.”

The hour-long class provided information and safety tips for parents and students when using cellphones, the Internet and social media sites.

Main said sexting can happen with children as young as 4th graders.

Kids are curious,” she said. “They have this technology right at their fingertips. They get carried away.”

Sexting is illegal, Main said, and parents who are the legal owners of the cellphone could be criminally charged for what their child sends and receives.

Parents can face litigation,” she said. “Kids can be charged with child pornography if they have pictures on their phones.”

The officers encouraged parents to keep an eye on what their child texts. Wheeler said asking to view a child’s phone at random intervals is a good way to know what a child is texting.

I’ll ask my kids for their phone and scroll through their last 10 texts,” Wheeler said. She also encouraged parents to password protect cellphones and computers to lock out inappropriate sites.

She also encouraged kids who had received a sext to come forward and tell an adult.

Dave Colombini, South Kitsap School District’s director of school and family support, said the school district has seen incidents of sexting and cyber-bulling, but they haven’t encountered it too much. The class is a proactive measure, he said.

It’s more of an educational piece,” he said, noting the gravity of sexting. “It turns lives upside down when these things get out."

Colombini said it’s nice for parents to hear that it is OK to set limits.

Parents need to hear sometimes that it’s OK to take the device away and to have expectations with their kids,” he said. “Parents need to be educated too about what ramifications there are.”

After the presentation, the officers fielded questions from the audience. One mother of a 14-year-old boy said she had taken away his cellphone after discovering inappropriate messages.

I couldn’t believe these things where on his phone,” she said.

Scott and Dee Maxwell, guardians of their 15-year-old granddaughter, said they found the class informative. They had to take away their granddaughter’s cellphone and iPod after finding off-putting messages. They said they wished they had brought her along to the class.

She would have learned something from it,” Scott Maxwell said. “I don’t think she even knows it is illegal.”

He said the Port Orchard Police should present the at school assemblies. Even in elementary schools.

This is something they should do in every school,” he said. “By high school, it might even be too late.”


CA - Residency restrictions for California sex offender

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

By Anonymous:
I've been on parole 4 years, no violations of any kind, perfect parole, bought a house I can't live in with my terminally ill fiancee. Hoping to get info on pending California Supreme Court decision on residency restrictions.


MA - Society's lepers - The state classifies 2,400 sex offenders as dangerous and likely to reoffend, but some question the accuracy of those judgements

Saundra Edwards
Original Article

04/10/2012

By Bruce Mohl and Christina Prignano

On a chilly night in early February, the Massa­chusetts website that informs the public where the state’s most dangerous sex offenders are living indicates 41 of them are staying at Boston’s Pine Street Inn. The homeless shelter’s guests, according to their website profiles, include men who have raped and abused children, committed indecent assault and battery on children, raped women, and engaged in incestuous intercourse.

But the state website’s tally is wrong. Most of the sex offenders are not at the Pine Street Inn that night, and it’s unclear where they are. At the request of CommonWealth, the homeless shelter checked its guest list against the 41 names from the state website and found only 10 were actually at the homeless shelter or an affiliated facility that night. Some of the others had stayed at Pine Street Inn in the previous 30 days, but quite a few hadn’t been there in more than a month and one had never been there, according to the shelter’s records.

Officials at other homeless shelters across the state report similar experiences. They say homeless sex offenders often register with the state as living at a shelter, but then move on after staying there for a day or two.

Where are they?” asks Lyndia Downie, executive director of the Pine Street Inn. “This whole system of monitoring sex offenders seems to be creating a false sense of security. It represents that we know where these people are and we’re watching them. But if you don’t know where half or more of them are, then you’re not really watching them.”

Sex offenders are the lepers of 21st century American society. Their crimes are so repulsive that states not only prosecute them and put them in jail but track them after they get out. Massa­chusetts posts the descriptions and locations of the most dangerous sex offenders on the Internet. A growing number of Massachu­setts communities are passing ordinances restricting where sex offenders can live. Sex offenders are also barred from federally subsidized housing and state law prohibits them from staying at nursing, convalescent, and rest homes.

But a small yet influential group of researchers, treatment providers, and attorneys is questioning whether the shunning of sex offenders is doing anything to enhance public safety. They say the system Massachusetts uses to identify the most dangerous sex offenders is dated and flawed, and they claim the growing restrictions on where sex offenders can live is having the effect of driving them underground where they are more likely to re-offend.

Click image to enlarge (if needed)

Fred Smith, the director of program development, research, and evaluation at St. Francis House (Facebook) in Boston, has made outreach to sex offenders a part of his organization’s mission to offer shelter and training to poor and homeless people. He says he doesn’t want to be portrayed as a sex offender sympathizer, but he pulls no punches in his assessment of the way the state classifies sex offenders. He says the system “borders on voodoo” and questions the value of posting an offender’s picture and information on the web.


For those who discover a sex offender living in their neighborhood, he asks: “What do you do with that information? Most people just become anxious or discriminate. It does nothing to enhance public safety. In fact, it may be doing just the opposite.”

Regulating individuals
Unlike most criminal justice systems, which regulate behavior, the state’s Sex Offender Registry Board regulates individuals.

The board classifies sex offenders—those convicted of any one of more than 25 sex crimes—based on their dangerousness. Level 3s are considered the most dangerous and at high risk to re-offend, Level 2s are at moderate risk, and Level 1s are at low risk. Pictures and personal information about Level 3s are available on the board’s website, searchable by name and community. Information on Level 2s in a community can be obtained through the local police department, while Level 1 data is not released to the public.


IA - Some say changes needed for sex offender registry system

Original Article

04/09/2012

By Josh O’Leary

In his bedroom on the outskirts of Iowa City, [name withheld] sits at a computer and scrolls through pages of emails from some of the more than 100 companies he says he’s contacted about employment in recent months.

[name withheld], an out-of-work aircraft technician, has come to expect rejection when he applies for a job, and he has little doubt as to why he’s being passed over: The 38-year-old Iowa City man is among the 101 non-incarcerated sex offenders currently registered in Johnson County, and one of the 5,363 total sex offenders statewide.

As the number of people convicted in Iowa for sex crimes continues to grow, some say the continued monitoring of offenders like [name withheld], who was convicted of a misdemeanor, comes at too high of a price to taxpayers, does little to prevent the victimization of children, and actually increases the probability of subsequent offenses.

Iowa City police arrested [name withheld], who was working a new job as a cab driver at the time, for inappropriately touching a woman and exposing himself to her inside his taxi while driving her home from a downtown bar in August 2008. An assault charge eventually was dismissed, but a jury in 2009 found him guilty of indecent exposure, a serious misdemeanor, and the Iowa Court of Appeals affirmed that decision a year later.

After spending 30 days inside the Johnson County Jail and several more months at a Coralville halfway house in 2011, [name withheld] has been out of work, but not for a lack of effort, he says. He is living apart from his wife — renting a room from a friend he met while staying at Hope House in Coralville — though he sees his two children, ages 4 and 5, regularly.

[name withheld] said he spends his days scouring job listings and filling out applications. But he said being on Iowa’s sex offender registry alongside people convicted for more serious offenses, like child molestation and rape, is preventing him from getting his life back on track after what he describes as a one-time mistake.

This thing has teared my reputation down,” said [name withheld], a Sudan native who, as part of his 10-year special sentence, is required to report annually to the Johnson County Sheriff’s Department and have his name included on the public sex offender registry. “Everything has been down in my life. This thing is killing me, honestly.”

Task force calls for changes
The Iowa Sex Offender Research Council, which is supported by the state’s Division Criminal and Juvenile Justice Planning, issued a report in January that in part details the growing sex offense parole caseload in Iowa and warns of the potential costs of monitoring those offenders over the next decade.

The task force, which analyzed Iowa’s data and reviewed national studies, said that although there is evidence that sex offenders and the public benefit from a period of supervision and treatment after their release, the current post-sentence parole terms — either 10-year or lifetime lengths, depending on the crime — are not supported by research and do not increase public safety. Instead, the council is calling for periodic reviews after an offender serves a minimum parole term, with extensions requiring proof that there is a risk for sexual or violent re-offense.

The council highlighted a recent study in the Journal of Law and Economics that found that public sex offender notification, including online postings, increases the likelihood of a subsequent offense because “such notification increases stress on the offender, destabilizes their community lives, and could lead to a sense that changing behaviors would not improve their life circumstances.”

The council pointed to a second study, also published in the Journal of Law and Economics, that “found little evidence that registries, or knowing where sex offenders lived or worked, improved public safety.” Similar research has found that the public generally does not make significant changes to its behavior as a result of access to sex offender registries, the council noted.

After a public outcry over the high-profile murder of a 10-year-old Cedar Rapids girl, Jetseta Gage, by a previously convicted sex offender in 2005, Iowa created its special sentence system that tracks sex offenders after their release. In 2009, the legislature revamped the system to comply with certain provisions of the federal Adam Walsh Act, requiring offenders to report to authorities more frequently, but it scaled back the number of offenders who are subject to the state’s 2,000-foot residency restrictions.

The task force’s report warns that increased monitoring, coupled with the increasing number of people on the registry, likely will put added financial burden on local law enforcement agencies in the coming years. In Johnson County, however, Sheriff Lonny Pulkrabek said his department is not being overwhelmed by a sex offense caseload.

It created some additional demand, but we’re managing it,” Pulkrabek said.

The Johnson County Sheriff’s Department has a full-time records division position that oversees the sex offender registry and gun permits, in addition to the sworn supervisor who steps in to develop charges against a sex offender should they fall out of compliance with the law.

Including inmates at the Iowa Medical and Classification Center at Oakdale, the 682 registered sex offenders Johnson County gives it the highest total in the state, well above the 503 registered in Polk County and 309 in Scott County. Outside of the prison, however, Johnson County has 101 registered sex offenders — a number that has remained fairly level in recent years, according to the county’s records division.

Employers wary of hiring sex offenders
Following his indecent exposure arrest and while his appeal was in limbo in the court system, [name withheld] said he found aviation maintenance work in Milwaukee and Tampa, Fla., and returned to Iowa every couple of weeks to see his family. When he lost his appeal, though, he was ordered back to Johnson County for sentencing.


NM - Former Santa Fe officer (Mike Eiskant) accused of being a 'creeper', caught masterbating in his cruiser

Mike Eiskant
Original Article

04/09/2012

By Gadi Schwartz

Another complaint has surfaced against the former Santa Fe police sergeant suspected of masturbating in his squad car.

KOB Eyewitness News 4 has obtained a recent New Mexico State Police report, detailing new allegations of harassment against an 18-year-old employee of a local coffee shop by former Sgt. Mike Eiskant.

According to the report, the employee told police Eiskant made her feel uncomfortable and told her "he doesn't like her having a boyfriend and that he noticed her boyfriend driving her car around a lot."

The report is the latest in a stack of complaints against the former traffic sergeant.

Last week, a 4 On Your Side Investigation exposed a dash cam video in which Eiskant is believed to be masturbating while on patrol (below) along side one of the busiest streets in Santa Fe.

The dashboard camera captures the sound of a zipper, the sounds of texting and audio of graphic sex talk from Eiskant who is alone in his car.

Some officers who worked with Eiskant said they are not surprised.

Former officer Shannon Brady told 4OYS that Eiskant had a reputation for being a "creeper" and stalking women.

Brady said she even tried to bring a harassment complaint against Eiskant years ago to Santa Fe's human resource division.

That complaint was handled by then human resource compliance officer Raymond Rael.

Rael has since been promoted to chief of police.

"They had plenty of opportunities over the course of many years to do something about it and they refused to," Brady said.

The former officer said when she went to file her claim, Rael asked her if she was, "doing this only because of all the rumors against Mike Eiskant stalking women and offered mediation with Eiskant which she declined."

Rael told 4OYS that since he has been chief, he was unaware of other complaints against the former sergeant.

"I did not have prior knowledge and if I did I would have acted," Rael said.

The chief said he was informed about problems with Eiskant only when the attorney general began investigating Eiskant for stalking women last year and launched an internal affairs investigation.

Eiskant was never disciplined or put on administrative leave. Instead, Eiskant was allowed to start cashing in on all of his accumulated leave and will officially retire in November.

4OYS also asked about Eiskant being assigned the badge number 69 which he was given when promoted to sergeant.

"Is it possible that it is coincidental?" Rael said. "I suppose, but I can't speak to that issue one way or another."

4OYS also took the video to Santa Fe City Councilor Bill Dimas for his reaction.

"The moment that they found out he should have been placed on some type of administrative leave," Dimas said after reviewing the video.

Last week, Eiskant pleaded no contest to ten misdemeanor counts in a case brought against him by the New Mexico Attorney General's Office, including stalking, harassment and false imprisonment.

One of those counts was for harassing Shannon Brady.

Brady said the charge stems from the same incidents that the chief dismissed when he was working at the city.


OH - Ex-police chief (Jeremy Alley) wants sex counts for propositioning a "15-year-old" online, expunged

Jeremy Alley
Original Article

04/09/2012

By Janice Morse

For 11 days in 2003, Jeremy Alley served as the top cop in the little village of Elmwood Place. Then he was branded a sex criminal.

Alley was busted for using his police department computer to proposition someone he thought was a 15-year-old girl – but Alley was actually online chatting with a police officer pretending to be a teen.

Now Alley wants a Hamilton County judge to wipe away his five sex-related convictions.

In a rare move, prosecutors are fighting Alley’s expungement request. A hearing is set today before Common Pleas Judge Norbert Nadel.

The situation is unusual, says Assistant Prosecutor Scott Heenan: “It’s not every day you have a police chief do this and then later try to erase it.”

Heenan, who is in charge of reviewing felony expungement applications in Hamilton County, estimated he sees 500 to 1,000 such cases each year. He allows at least 90 percent of them to pass without a challenge, and generally throws up hurdles only when a background check reveals that the person isn’t a first-time offender, as Ohio law requires.

Usually, expungements are very black-and-white; either you’re eligible or you’re not,” Heenan said. “This is one of the cases that falls into a gray area.”

Because of a wrinkle in Ohio law, there’s a dispute as to whether Alley’s situation qualifies for expungement.

Even if Alley is eligible, Heenan argues “the very nature of this crime cries out against granting an expungement.”

Alley was not just some random person who hopped onto the Internet to solicit sex from children. He was a police officer. And not just any police officer – he was the chief. And he was soliciting sex using police computers,” Heenan wrote in an objection to Alley’s expungement application. “How a greater abuse of the trust that was placed (in) him could ever possibly occur defies imagination.”

However, Christo Lassiter, a University of Cincinnati law professor, said that if the judge decides Alley’s case meets eligibility requirements, the way Alley has conducted himself after the case ought to be considered.

He was a police chief, so I can see where the prosecution has an extra angle … and use of the police department computer, that makes the crime worse,” Lassiter said. “But if his record warrants it, I would distinguish between the punishment of his sentence and what he did after his sentence. Expungement is the reward for leading an exemplary life once you’ve finished sentencing … If he’s led an exemplary life, then expungement is very appropriate to allow him to seek employment with an unblemished record.”

Alley, now 35, declined to talk to a reporter. But in court records, Alley points out he underwent group therapy, complied with probation and, “I also have taken positive steps to improve myself and my life since being sentenced by this court.”
- So have many others, who are not police officers, who are in the same boat as this man, and in some cases, less of a crime was committed, but do they get the same consideration?


IL - Edwardsville police officer (Michael R. Collins) accused of taking secret photos at tanning salon

Michael R. Collins
Original Article

04/09/2012

By NICHOLAS J.C. PISTOR

EDWARDSVILLE - An Edwardsville police officer was charged on Monday for surreptitiously taking pictures of three women at a Glen Carbon tanning salon.

Michael R. Collins was charged with three felony counts of unauthorized video recording. A female customer accused Collins, who was in the next room, of taking pictures with his cellphone over the wall while she prepared to tan, according to the Madison County state's attorney. The incident happened on Tuesday at Image Sun Tanning Center in the 6600 block of Edwardsville Crossing Drive.

Glen Carbon police referred the matter to the Illinois State Police. They said they have an ongoing investigation to determine other possible victims. They obtained Collins' cellphone and identified two other victims, with photos taken on April 1 and on Tuesday.

Collins, 46, has been suspended with pay from his job with the Edwardsville Police. Collins was a D.A.R.E. officer in the Edwardsville school district, but authorities said no misconduct has been found related to his official duties.

Bennett W. Dickmann, the Edwardsville city administrator, said in a statement that Collins has an "unblemished performance record" since he joined the force in 1997. He is a senior patrol officer.


SC - Nursing homes would have to report sex offenders under proposed law

Original Article

So are you also going to tell residents when a person who has abused other people or elderly, murderers, gang members, or any other criminal moves in?  They are just as likely to be a threat as an ex-sex offender who is in such bad shape they have to move into a nursing home.

04/09/2012

By Harve Jacobs

COLUMBIA (WCSC) - A proposed law (HB-4490) would require nursing homes in South Carolina to notify residents and loved ones if a registered sex offender moves in.

As part of a Live 5 News investigation in February, 2012, we learned there is no state law forcing nursing home operators to tell residents or their guardians if a sex offender is living there.

Three members of the House of Representatives have filed a bill to change the law when it comes to reporting sex offenders in nursing homes.

"It is absolutely a safety issue," Berkeley County Representative Joseph Jefferson said Monday. Jefferson is one of the bill's co-sponsors.

"We put these fellows in facilities without realizing the impact that they may bring harm to others who are not totally aware of their habits," Jefferson said.

Under the legislation, the operators of nursing homes would be required to notify other residents and legal guardians within 24 hours, in writing, that a registered sex offender is moving in.

The operators also would have to reveal the offenders name to residents.

"It is their duty, their obligation to make sure that everyone is aware that we are getting ready to bring in a sex offender, so they can avoid this person at all costs, at all times," Jefferson said.

Right now, the bill is stuck in the House Judiciary Committee. Jefferson said it may be too late for it to become law before the legislative session ends in June.