Thursday, March 27, 2014

NJ - Ex-NJ prison guard (James Kriegner) faces more child porn charges in Bensalem

James Kriegner
James Kriegner
Original Article

03/27/2014

By Jo Ciavaglia

Last month a 43-year-old former New Jersey prison guard was arrested on charges of possessing child pornography. Now he is charged with creating porn with a 15-year-old girl.

James Kriegner of Bensalem, a former Mercer County corrections officer, was arrested last month after police allegedly found more than 100 images of child porn on his computer following a three-month investigation into child pornography distribution.

Bensalem Detective Kevin Cornish reportedly found that Kriegner downloaded files of known child sex abuse from an IP address registered to Kriegner's Knights Road apartment, according to a probable cause affidavit.

Kriegner, who has been unemployed since December, later turned over two laptop computers for forensic examination under a search warrant, and one had more than 100 images of child sex abuse, court documents allege. Fifteen files were identified by the National Center for Missing and Exploited Children as containing known victims of child sex abuse, police said.

The forensic examination also found image files of Kriegner video chatting with an unidentified girl, and a folder containing sexual images that appeared to be of the same girl, police said.

Kreigner identified the girl as a 15-year-old, the affidavit shows.

Police said the girl told them she had been engaging in sexual activity with Kreigner since April.

Bensalem Detective Kevin Cornish, who handled the investigation, said he is not aware of Kreigner posting or sending photographs of the girl, but that the photos have to be sent to the National Center For Missing and Exploited Children to be checked.

Kriegner was arraigned Thursday before Bensalem District Judge Leonard Brown on charges of statutory sexual assault, indecent sexual assault on a person under age 16, unlawful contact with a minor, and related child porn and sex crime offenses.

His bail was set at 10 percent of $750,000, but he remains in Bucks County prison in lieu of 10 percent of $500,000 bail from his earlier child porn arrest.


The Adam Walsh Act - Un-Civil Commitment (2009)

Original Article (PDF)

10/30/2009

Emily Barker
affiliation not provided to SSRN

October 30, 2009

Hastings Constitutional Law Quarterly, Vol. 37, No. 1, 2009

Abstract:
Congress enacted the Adam Walsh Child Protection and Safety Act of 2006 ("the Adam Walsh Act") with the aim of "protect[ing] children from sexual exploitation and violent crime." Among other measures, the Act creates a National Sex Offender Registry, establishes a post-conviction civil commitment scheme, increases punishments for a variety of federal crimes against children, and strengthens existing child pornography prohibitions. The scope of this note is limited to an analysis of the commitment portion of the Act ("Commitment Provision"). This provision authorizes the federal government to civilly commit, in a federal facility, any "sexually dangerous" person "in the custody" of the Bureau of Prisons - even after that person has completed his entire prison sentence.

Recently, the Supreme Court granted certiorari on question of whether or not enactment of the Commitment Provision was within Congress‘s authority. This note will show that Congress lacked the authority to enact the Commitment Provision under either its enumerated or incontestable federal powers. For this reason, the Commitment Provision cannot enacted as a Necessary and Proper exercise of a legitimate federal power. The Necessary and Proper Clause by itself creates no constitutional powers; it merely allows Congress to enact legislation auxiliary to an enumerated or incontestable federal power. Thus, because Congress lacked the authority to enact the Commitment Provision under either its enumerated or incontestable federal powers, it cannot be a Necessary and Proper exercise of those powers and is therefore unconstitutional.

The discussion will begin with an overview of the relevant Supreme Court precedents bearing on a constitutional determination of this kind. This note will show that a proper reading of these precedents demonstrates that the clause upon which the federal government most often defends its power to regulate this subject, the Commerce Clause, is wholly inapplicable to an act like the Adam Walsh Act - legislation aimed at criminal law enforcement where States historically have been sovereign.

Next will be an evaluation of the current split between the Court of Appeals for the Fourth Circuit (“Fourth Circuit”) and the Court of Appeals for the Eighth Circuit (“Eighth Circuit”). This note will show that only the Fourth Circuit, which held the Commitment Provision beyond congressional authority, performed an extensive analysis of the relevant Supreme Court precedents in reaching its holding. The Eighth Circuit, on the other hand, relied only on its own, distinguishable precedents. Thus the only Circuit court to analyze the constitutionality of the Commitment Provision under current Supreme Court jurisprudence has found it to be unconstitutional.

This note will show further that the Commitment Provision does not fit readily into the specific schemes where federal civil commitment has be found constitutional - namely in situations where it is used to prevent and prosecute federal crimes.

Finally, this note will show that the Commitment Provision does not satisfy the due process rationales for which the Supreme Court has found state-authorized civil commitment constitutional. The structure of the Commitment Provision neither comports with the classic rationale for lower proof burdens in state civil commitment schemes, nor does it provide for a probable cause hearing within a reasonable amount of time and the general practice is to keep prisoners locked for months beyond their release dates.


MO - Des Peres neighbors vent concerns about sex offender

Mob Mentality
Original Article

03/26/2014

By Jesse Bogan

DES PERES - About 100 people showed up at a community meeting here Wednesday night to hear what can be done about registered sex offender _____ living in their upper-middle-class neighborhood.

But by the time it was over, many, including Bill England, 70, would leave with a sense of powerlessness.

What’s very concerning to me is my grandson and his mother live next door to this guy. Next door,” England told a panel of law enforcement and city officials gathered before the crowd. “Obviously, we are scared. What advice would you give us?
- The same info as if any other ex-felon lived next to you, tell you kid about the person, tell your kid about good touch / bad touch, etc, etc.

Kathi Alizadeh, chief of the sex crimes unit for the St. Louis County prosecuting attorney’s office, told him she couldn't give him advice and only encouraged him to contact lawmakers in Jefferson City.

What I can tell you is that there is nothing in the law that prohibits him from living next door to a child,” she said. “There’s nothing in the law that prohibits him from walking up to a child in the street and talking to him.”

Emotions have been high, particularly in the Royal Acres Subdivision, since _____ was released from custody in February.

_____, 49, who lives with his 85-year-old mother, was first arrested at 18, when he was caught sticking his hands in the pants of 5-year-old girl playing outside in the neighborhood. He avoided incarceration for that offense, but in 1997 he went to prison for 10 years for molesting a 7-year-old girl whose parents he’d befriended.

When his prison sentence was nearly over, he was flagged for possibly meeting the criteria of a sexually violent predator. Some officials argued that he should be held indefinitely as a patient at what is now called Sex Offender Rehabilitation and Treatment Services, a program run by the Missouri Department of Mental Health.

He was held in jail since late 2006, pending the outcome of the state’s civil commitment case against him in that matter. In February, a St. Louis County jury unanimously agreed that _____ was not a sexually violent predator, somebody with a mental abnormality that would make him more likely than not to re-offend if not held in a secure facility. Three previous trials resulted in hung juries.

Keith Krumm, director public safety in Des Peres, told the crowd Wednesday night that _____ checked in with local police the night he was released and had been in compliance ever since. But they've increased patrols around his house and at nearby bus stops.

Officials said _____ couldn't live within 1,000 feet of a school, go to a public swimming pool or give out Halloween candy. But they said laws don’t seem to forbid him from going to a pool in the subdivision because it’s privately run.

In response to questions, officials said _____ wasn’t required to have GPS monitoring or be subject to other rules such as taking polygraph tests because he was not on parole or probation.

There are hundreds of registered sex offenders in St. Louis County, an official said at the meeting. There are five in Des Peres.

Krumm said in an interview before the meeting that none of the other sex offenders in the area had raised the amount of concern that _____ has.

_____, who wasn’t at the meeting, has declined to comment since his release. His attorney said he wanted to move on with his life quietly.

But if the meeting Wednesday night was any indication, there will be a lot of eyes watching him in Des Peres.


CT - Former East Hartford Officer (Andrew W. Nielsen) Pleads Guilty To Child Porn Possession

To protect and serve?Original Article

03/25/2014

By CHRISTINE DEMPSEY

HARTFORD - A former East Hartford police officer pleaded guilty in U.S. District Court Tuesday to one count of possession of child pornography, according a spokesman for the U.S. Attorney's office.

Andrew W. Nielsen, 49, of South Windsor, pleaded guilty before U.S. District Judge Alfred V. Covello, Thomas Carson stated in a news release.

According to court documents, Nielsen bought several DVDs containing child pornography from a foreign company and had them shipped to his residence. The DVDs, which included pictures of pre-pubescent minors, were purchased between November 2010 and April 2011, Carson said.
- So are you going to do something about the foreign company who is selling child porn?

Nielsen's home was searched on Nov. 1, 2012, and he was arrested the same day, he said. He resigned from the police department after his arrest.

Nielsen is scheduled to be sentenced on June 18. He faces a maximum prison term of 10 years and a fine of up to $250,000.

He has been free on bail and on electronic monitoring under the supervision of the U.S. Probation Office since November 2012, Carson said.

The charges stem from a postal service investigation that began in October 2010 into an international company that sold videos and photos believed to contain child pornography, according to Nielsen's arrest affidavit.

Investigators found Nielsen's name and invoice information in the company's database, the affidavit says, and were able to confirm that he was still receiving mail at his Pleasant Valley Road address.

They determined that over the course of about six months, Nielsen had purchased 49 DVDs from the company's website over 15 orders totaling $1,173.55, according to the affidavit.

The DVDs containing child pornography were found during the search, and Nielsen admitted to Postal Inspector Michael J. Connelly that he had ordered them and had them shipped to his house, the warrant states.

Multiple computers were also seized during the search.

The case is being prosecuted by Neeraj N. Patel, assistant U.S. attorney.

The prosecution is part of the U.S. Department of Justice's Project Safe Childhood Initiative. The program is intended to protect children from sexual abuse and exploitation, the release says.


WI - Bill to change sex offender law passes

Robb Kahl
Robb Kahl
Original Article

03/26/2014

Legislation authored by State Representative Robb Kahl (D-Monona) to close a loophole in sex offender law has passed both houses of the legislature and can now be signed into law by the Governor.

The change in law is the direct result of the placement of a sex offender in McFarland under the terms of an interstate compact.

I want to thank members of each party in each house for their help in moving this legislation through,” Kahl said. “When I shared the concerns of McFarland of Police Chief Craig Sherven, members listened and realized that current law was flawed and needed to be changed.”

The offender placed in McFarland committed his offenses in Illinois and served time in the Illinois Correctional System. Had the individual in question committed his crimes in Wisconsin and been sentenced to serve time in a Wisconsin correctional facility, the Department of Corrections would have issued a Special Bulletin Notice (SBN) to the police chief of the community and the county sheriff to alert them that the offender in question poses a significant risk to the community.

However, current law does not apply to offenders placed in state under terms of a compact – even if they pose a significant risk.

A law enforcement agency’s receipt of an SBN serves as a mechanism to initiate a local decisionmaking process to determine the level, scope, and method of community notification, if determined necessary. In instances in which an SBN is not issued, local law enforcement generally does not issue a community notification.

Legislators understand that the Department of Corrections worked well with the McFarland Police Department to address community concerns to the greatest extent possible in this case,” Kahl stated.

The change in law simply ensures that when sex offenders are placed in a community – whether from a Wisconsin correctional facility or under the terms of a compact – that the chief of police and sheriff will receive the SBN that is necessary to protect the public by initiating the local decision making process and providing appropriate community notification.”

The Senate version of the bill, Senate Bill 668, was passed on March 18 by the Senate on a voice vote and was taken up and passed by the Assembly March 20 on a voice vote.


FL - Bunnell police officer (Michael Gerard Stavris II) accused of posing as girl on Facebook to get sex photos of boys

Michael Gerard Stavris II
Michael Stavris
Original Article

Boy Florida sure is filled with sex offender cops.

03/25/2014

By Daniel Dahm

BUNNELL - A Bunnell police officer was arrested Tuesday night on allegations of posing as a teen girl on Facebook to get sex photographs of boys.

Michael Gerard Stavris II, 30, of Palm Coast, was arrested on two counts of computer pornography and child exploitation prevention act and one count of criminal use of personal identification information.

According to officials, Florida Department of Law Enforcement agents began investigating Stavris in December 2013 after receiving a complaint.

The FDLE investigation showed that Stavris created a fraudulent Facebook account posing as a teenage girl, according to officials. Agents said he used the fake account to solicit teenage boys, requesting sexually explicit photos after the conversations turned sexual.

Stavris befriended at least 30 teenagers, at least some of whom attended Flagler Palm Coast High School, according to authorities. He would also sometimes promise the boys sexual favors from the fictitious teen girl, according to the report.

Stavris, a sergeant with the Bunnell Police Department, was arrested at the Bunnell City Hall, where all of the government offices are located.

Stavris was booked into the Flagler County Jail on a $125,000 bond. He later posted bond and was released.

Stavris is engaged to be married. His future mother-in-law, Sherry Blevins, said that he is being framed for a crime he didn't commit and says that he is being set up by a jilted ex-girlfriend.

"I tell you this was all prompted when him and the ex-girlfriend broke up and he wouldn't take her back," Blevins said.

Blevins tells Local 6 the girlfriend's teenage daughter is the one who claims her identity was stolen.

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UK - Even the innocent should worry about sex offender apps

iPhone Apps
Original Article

03/26/2014

By Sharif Mowlabocus

The average citizen may not feel that they have anything to fear from the rise of apps that promise to identify sex offenders in their area but they are part of a worrying trend that should act as a warning about what happens when personal data is flattened out and sliced up into apparently user-friendly services.

Sex-offender-locator apps proudly boast that they can help users find sex offenders in their local area. But they aren’t, of course, actually detecting anything. US federal law mandates that every state must collect information on convicted sex offenders and make it available to the public online. Sex offender locator apps take this freely available data and repurpose it.

After loading the app on your phone, you are presented with a map of your surrounding area and an icon, such as the commonly used blue dot, to show your own position. As you move around your neighbourhood, the app tracks your movements and the blue dot moves accordingly. At the same time other dots or pins also appear on the screen. These are most often coloured red and indicate the address of a registered sex offender. Clicking on a pin opens a profile containing an image of the sex offender, some personal data such as their age, sex, ethnicity, date of birth and address, and a list of convictions together with the date of those convictions.

At first sight these applications seem helpful. Many parents would want to know if there was a sex offender living next door for understandable reasons. And since SORNA mandates that local police forces should notify communities when sex offenders convicted of more serious crimes move into their neighbourhood they aren’t necessarily providing much more information than users would receive without an app.

There is a crucial difference though. As well as informing residents, SORNA also mandates that crime prevention teams work with local communities to explain how to keep children safe, how to talk to them about stranger danger and sexual abuse and how to deal with having an offender living in the local vicinity.

It is this contextualisation that is notably absent from the sex offender identification apps that are currently available. It is always good to know who we are living next to but without further resources such knowledge becomes at best meaningless and, at worst, the root of paranoia and fear.

The mapping illusion

Reoffending rates for sex offenders are far lower than many other crimes but these apps don’t give you that information. They might provide you with a sex offender’s last known address but fail to tell you that an alarmingly high percentage of convicted sex offenders have no fixed abode.

And it’s important to note that even though SORNA is a national law, different states have drastically different rules for which crimes will land you on the sex offender register. Few would argue that a violent child rapist should be included but in some states, you can end up on the register for having consensual sex in a public place or even urinating in an alleyway.

Then there is the mapping of sex offenders. Maps are amazing things. They tell us where things are – most of the time, when they work. Google Maps is only as accurate as the last time it was updated. The same can be said for these applications.

Worse still, the SORNA mandated databases are, frankly, a mess. There is no funding to implement SORNA and as a result, the information contained in them is often out of date and sometimes incorrect.

The mapping techniques employed by sex offender apps are therefore doubly illusory. The live tracking of our own movements by these apps belies the inaccuracies of the databases and suggests that what we are seeing is up to date, perhaps even being provided in real time, when in fact it isn’t.

Mapping us all

You may not feel concerned about this. You may think that sex offenders deserve what they get. But the prospects of people being affected in the same way, even if they’ve never committed a crime, are on the horizon.

In the UK, for example, discussions are ongoing about making patient records and data held by the NHS available to third parties. It has not yet been decided how these third parties will use this data but already companies have been found to be offering mapping services based on the information.

You may have been depressed in your teenage years. You may have even contemplated suicide. You may now be living a healthy, happy life and have long forgotten those anxious adolescent years. But if you reported it, if you sought help or advice from the NHS, then that record is still there.

And when data becomes compressed by third parties, when it gets flattened out into one single data stream, your present and your past collide with potentially huge ramifications for your future.

When it comes to personal data – of any kind – we not only need to consider what it will be used for but how that data will be represented, and what such representation might mean for us and others.


This has happened before

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Paid-My-Debt:
Get it right, call the annual registration “fee” what it REALLY is:

01) FEE: The price one pays as remuneration for services.
(Remuneration is the compensation that one receives in exchange for the work or services performed.)

02) FINE: A sum of money imposed as a penalty for an offense or dereliction.

Nazi Germany used these tactics. First it was an effort to make Germany a safer place, to protect the citizens. But the reality was to cleanse what THEY saw as a problem, what THEY called a lesser race. The use of brutality, extortion and segregation was deemed necessary to control and then KILL the Jewish people. The U.S. Government has deemed sex offenders as the new Jews. We cannot move freely within our own country and our CONSTITUTIONAL RIGHTS have been stripped away. What's next, the ovens???

REMEMBER:
If you are not part of the solution, then you are a part of the problem.