Friday, May 18, 2012

Sexting Scandal Victim Speaks Out

5-18-2012 New Jersey:

New Jersey resident Allyson Pereira visits North Branford High School to share her nightmare in hopes other teens don't make the same mistakes.

“Has your whole town seen you naked? Mine has.” That was the shocking statement that got the attention of the 9th- and 10th-grade students at an assembly at North Branford High School last week.

Ally Pereira, a 22-year-old New Jersey resident, took center stage as a result of a column I wrote for North Branford Patch about bullying, it had been shared on a Facebook page called the Anti Bullying Coalition and Ally e-mailed me to tell me her story, which I shared in a subsequent column.

I brought her story to Principal Todd Stoeffler, who in turn shared it with the school’s Cyber Ally team. They all agreed that this was something students needed to hear.

At first glance she could have passed for a student, but within seconds of her opening statement, the auditorium was silenced as Ally explained how one impulsive decision turned into a nightmare. She had been a naïve 16-year-old whose long-term boyfriend had broken up with her. When he told her they could get back together if she texted a nude photo of herself, Ally believed him. She sent him a photo but did not get a reply.

He sent the photo with everyone on his contact list, and many of those recipients forwarded it, too. Within 24 hours it seemed like everyone had seen it. It was not long before the bullying started. Boys made fun of her saying she would never get another boyfriend now that everyone had seen her naked, girls bullied her because their boyfriends had seen it. She received death threats, her family were harassed, their house vandalized.

After she finished telling her story, Ally shared a video of an MTV documentary called A Thin Line; When Privates Go Public. The video combines interviews with Ally, her friends and family and facts and figures about “sexting.” They explain how there can be legal implications for anyone caught sending or even forwarding a text containing images of nudity of a minor.

One student asked Ally if her boyfriend was arrested and she said “No, because if I had him charged, he could have had me arrested, too, for sending it and I could have been charged with manufacturing child pornography.” Someone asked if she had ever spoken to him again and Ally answered “No, but about a year later, he sent me a text asking for another photo.” There was a gasp of shock from the audience. ..For the remainder of this story: by Doreen Currie

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State not in line with federal sex offender registry law

5-18-2012 West Virginia:

West Virginia stands to lose about $60,000 in grants for not complying with a federal sex offender registration law, but authorities said compliance would actually cost the state six times that amount.

And enforcing the federal rule is unrealistic in a state where convicted sex offenders outnumber state troopers by more than 5 to 1, said J. Norbert Federspiel, director of the Division of Justice and Community Services.

Known as the Sex Offender Registration and Notification Act, the federal law requires states to use a three-tiered system to classify offenders. Those in the highest tier would be required to meet with authorities at least four times a year to verify information like their current address.

Those in lower tiers would meet with state troopers once or twice a year.

West Virginia, which is one of 35 states not complying with the law, has its own protocol for registering and tracking sex offenders. As of Monday, all but 13 of the state's 3,329 offenders were accounted for.

Under the state's current system, troopers make random, unannounced visits on offenders at least once a year.

Offenders also are required to update their information at their local State Police detachment when they move or change jobs. Troopers verify that the new information is accurate, a process that takes about two hours.

The 24 individuals considered "sexually violent predators" must update their registration every three months. They also receive more frequent visits.

Federspiel said the federal law would change the current procedure and require significantly more manpower.

For example, those who are tier three offenders are required to register as a sex offender for the rest of their lives and must update their registration every three months. Tier One offenders must register for 15 years and tier two offenders are required 25 years.

"It really comes down to do we want to change our law to mirror the federal law and is it worth the cost?" Federspiel said.

Federspiel said compliance with the federal law would require more offenders to update their registration more often.

"Changing from a yearly registration to quarterly would have quadrupled the amount of registration taking place," Federspiel said. "We just don't have the troopers to do that.

"We have roughly 3,000 on the registry and not nearly enough troopers."

Federspiel said the state's size and culture make it easier for troopers to track offenders.

"This is a small state where everybody knows everybody," he said. "If you register all the offenders in a county (troopers) know where they live and can be very aggressive about patrolling that area."

Federspiel said troopers do a good job of staying on top of the registry. He said the State Police's registry is effective even if the state is not compliant with federal law.

States that had failed to comply by last July stand to lose their annual Justice Assistance grants this year. Also known as JAG funding, the grants typically provide law enforcement with money for equipment, overtime and training. ..Source.. by Ashley B. Craig

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Thursday, May 17, 2012

Facebook ban for -certain- sex offenders given final passage

5-17-2012 Louisiana:

Facebook and other social networking sites again are off limits for certain types of sex offenders in Louisiana.

A similar, previous law was declared unconstitutional by a federal judge, so lawmakers rewrote the provision, hoping tightened language could stand up to judicial scrutiny.

The House of Representatives gave final passage to the rewrite Tuesday with a 93-0 vote that sends it to the governor, who supports the measure.

The bill by Rep. Ledricka Thierry, D-Opelousas, will more narrowly define what sites are prohibited. News websites, email pages and online shopping sites aren’t included in the ban.

Banned will be websites whose primary purpose is “facilitating social interaction with other users of the website and which allows users to create web pages or profiles about themselves that are available to the public or other users.”

The prohibition will apply to anyone convicted of video voyeurism or of a sex offense against a minor. Conviction of the crime of unlawful use or access of social media would carry a prison sentence of up to 10 years. A second conviction would mandate a prison sentence of five to 20 years.

A federal judge threw out the law passed last year that made it a crime for the same list of sex offenders to use networking websites, chat rooms and peer-to-peer networks. The Baton Rouge-based judge said the law was too broad and would effectively ban those sex offenders from the Internet. ..Source.. by ShreveportTimes.com

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Wednesday, May 16, 2012

Stabbing Victim Ignored Family's Warnings to Leave Town

5-16-2012 California:

A family opens up about the pain they're feeling, after a loved one is killed.

The family of a National City apartment manager found dead in the doorway of his home said they believe they know the identity of the killer.

Enrique "Ricky" Atilano, 53, was discovered around 1 a.m. Tuesday face down, naked and stabbed several times in the upper torso.

A tenant recognized the apartment manager laying in the doorway of an apartment on Norton Avenue and called 911.

"It's really devastating,” the victim’s sister-in-law Judy Atilano said through tears.

"It's his last brother," she said referring to her husband, Ignacio "Gordo" Atilano who has already lived through one brother being killed and now, has lost his older brother.

"We knew somebody was going to hurt him. My husband wanted him out of San Diego. He's wanted him out of San Diego since he got off parole," she said.

Enrique Atilano was a registered sex offender and according to the state’s Megan’s Law website, he had been convicted of lewd acts with a child under the age of 14.

“The girl was 17, she lied about her age. He did his time. He did 10 years. He came out, and he was trying to live his life,” Judy Atilano said. “He had two jobs, he worked hard, he didn't bother anybody."

A neighbor, whose nephews' friends live in the same four-unit complex as the victim, was shocked by the killing.

"Everything I know and love and is precious to me is right here on this block," Julian Aguon said.

Judy Atilano said the family thinks they know who may have killed Atilano but investigators wouldn't confirm the family's suspicions.

Homicide investigators are saying little about the investigation, but it's believed they'll examine whether the victim's prior conviction played any part in the murder.

They say they're still on a manhunt to identify a suspect.

Officers initially launched a stolen vehicle report for Atilano’s Chevy Suburban. The vehicle was found in Paradise Hills late Tuesday, the interior burned. ..Source.. by Brandi Powell and R. Stickney

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Tuesday, May 15, 2012

Wrong man was executed in Texas, probe says

5-15-2012 Texas:

He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.

Even "all the relatives of both Carloses mistook them," and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.

Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is "emblematic" of legal system failure.

DeLuna, 27, was put to death after "a very incomplete investigation. No question that the investigation is a failure," Liebman said.

The report's authors found "numerous missteps, missed clues and missed opportunities that let authorities prosecute Carlos DeLuna for the crime of murder, despite evidence not only that he did not commit the crime but that another individual, Carlos Hernandez, did," the 780-page investigation found.

The report, entitled "Los Tocayos Carlos: Anatomy of a Wrongful Execution," traces the facts surrounding the February 1983 murder of Wanda Lopez, a single mother who was stabbed in the gas station where she worked in a quiet corner of the Texas coastal city of Corpus Christi. ..For the rest of this very sad story: by Chantal Valery

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Kennedy Announces Senate Passage of Legislation to Crackdown on Sex Offenders who Abuse or Evade Registry

Here we see a Lawmakers misstating the purpose of the sex offender registry, in order to get his proposed law passed. The original purpose is to know where one sleeps for a few hours of the day/night (i.e., residence) not were a person spends every waking moment as his bill suggests!
5-15-2012 New York:

Albany, N.Y. (WKBW release) -- Senator Timothy M. Kennedy announced Monday that the State Senate has passed legislation to prevent dangerous sex offenders from abusing or evading state registry requirements.

According to a news release:

This package of bills will make it tougher to dodge the residence-registration rules established in the sex offender registry act.

The bills, which Senator Kennedy cosponsored, will help keep children safe by giving law enforcement the tools to crackdown on sex offenders who fail to fully register all residence information. It also enables prosecutors to pursue criminal cases against individuals who allow violent sex offenders to evade registration and tracking.

“Our state’s sex offender registry has been an effective tool in our efforts to protect our neighborhoods and our children from predators. However, there are gaps in the law that we must address to ensure New York State does an even better job of keeping children safe,” said Senator Kennedy. “The legislation the Senate passed takes aim at dangerous sex offenders who attempt to dodge residence registration requirements. These measures will ensure complete information is available and allow law enforcement to crackdown on individuals who assist sex offenders in their attempts to evade registry rules.”

The Senate approved a measure (S.1194) to close an often-exploited loophole that allows sex offenders to register at one address but spend a considerable amount of time at another address. This bill improves the definition of residency within the sex offender registry act. Under this bill, residence will be defined as “any place of abode, domicile or inhabitance where a convicted sex offender spends or intends to spend more than two days a week.” This bill will force sex offenders to comply with the original intent of the law by ensuring the public is aware of any location where they spend a significant amount of time. ..For the remainder of this story: by WKBW News

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State not in line with federal sex offender registry law

5-15-2012 West Virginia:

West Virginia stands to lose about $60,000 in grants for not complying with a federal sex offender registration law, but authorities said compliance would actually cost the state six times that amount.

And enforcing the federal rule is unrealistic in a state where convicted sex offenders outnumber state troopers by more than 5 to 1, said J. Norbert Federspiel, director of the Division of Justice and Community Services.

Known as the Sex Offender Registration and Notification Act, the federal law requires states to use a three-tiered system to classify offenders. Those in the highest tier would be required to meet with authorities at least four times a year to verify information like their current address.

Those in lower tiers would meet with state troopers once or twice a year.

West Virginia, which is one of 35 states not complying with the law, has its own protocol for registering and tracking sex offenders. As of Monday, all but 13 of the state's 3,329 offenders were accounted for.

Under the state's current system, troopers make random, unannounced visits on offenders at least once a year.

Offenders also are required to update their information at their local State Police detachment when they move or change jobs. Troopers verify that the new information is accurate, a process that takes about two hours.

The 24 individuals considered "sexually violent predators" must update their registration every three months. They also receive more frequent visits.

Federspiel said the federal law would change the current procedure and require significantly more manpower.

For example, those who are tier three offenders are required to register as a sex offender for the rest of their lives and must update their registration every three months. Tier One offenders must register for 15 years and tier two offenders are required 25 years. ..For the remainder of this story: by Ashley B. Craig, Daily Mail staff

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Kansas House approves sex and drug bills

5-15-2012 Kansas:

TOPEKA — The Kansas House moved today to ease penalties on some small-time drug offenders and to take employers’ addresses off the state sex offender web site. .......

Also at Colloton’s urging, the House approved a bill to delete employers’ names and addresses from a state sex-offender web site.

The measure was part of House Bill 2568, written to eliminate unintended consequences from last year’s passage of the Kansas version of the Adam Walsh Child Protection and Safety Act.

The act, named for the murdered son of America’s Most Wanted host John Walsh, mandates strict reporting requirements for sex offenders and that the information from the reports be published by the state in an online database.

Colloton said including work addresses created a problem for businesses that hire ex offenders who have served their time in prison. She said the business people told her they were reluctant to hire those who had committed sexually related crimes, because they did not want their companies and/or addresses listed on the offender database.

The work addresses of sex offenders would still be public information and available on request, she said.

In addition, the bill also removes hospitals from a list of treatment facilities that must report to the state when they admit a registered sex offender.


Colloton said the Via Christi health system in Wichita was among those who requested the change, because as written, the law would require hospitals to background-check all incoming patients for prior sex offenses.

The law was actually aimed at reporting offenders in institutions such as drug- and mental-health treatment facilities and was not intended to burden general hospitals, Colloton said.

She said the attorney general’s office has decided not to enforce the requirement on hospitals for the time being, to give the Legislature time to clarify the law.

The bill passed the House 114-2. ..Source.. by Dion Lefler

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Putt-putt golf game puts sex offender in jail

Another stupid set of circumstances where there is no intent for wrongdoing, he was with adults and no way to even know kids were inside.
5-15-2012 North Carolina:

A Gastonia police officer saw a registered sex offender playing putt-putt golf at a place where children hang out, according to an arrest warrant.

Taylor John Romero, 23, of 212 Colonial Drive, Belmont, was convicted of sexual battery of a minor child in December 2007 for an incident that happened earlier that year in Gaston County.

Romero was given three years probation for the conviction and had to register as a sex offender for a minimum of 10 years. He also was ordered to stay away from places where children congregate.

The officer reported he went to Adventure Landing at 9:30 p.m. on Saturday and saw Romero playing putt-putt golf with a group of adults his age. However, the officer reported that there were also about four children inside the business playing video games at the time.

Romero was booked into Gaston County Jail under a $10,000 bond on a charge of sex offender/child premises. ..Source.. by Kevin Ellis

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Sunday, May 13, 2012

Sex Offender Claims Arsonist Destroyed His Home

Facebook users are supposedly responsible commenters, read the first two comments (No others at this writing) in the original article and tell me they are responsible!
5-13-2012 Arkansas:

Fire destroyed a home in the 11000 block of Mona Lane in Pulaski county Saturday afternoon.

The person who lives there believes someone is trying to get him because he's a sex offender.

Pulaski County deputies are now investigating and haven't determined if an arsonist sparked the blaze.

The man who lived there also said it could possibly be an electrical issue.

A dog, we're told, died in the fire. No other injuries were reported. The home is a total loss. ..Source.. by KARK 4 News

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Former teacher to serve jail time after skipping sex offender treatments

5-13-2012 Minnesota:

Former Stewartville teacher and Austin resident Francis Skinness — who was convicted of second-degree criminal sexual conduct last October — was issued 30 more days in jail for violating his probation.

According to the court minutes, Skinness skipped a sex offender treatment, which the judge found to be “intentional and inexcusable.”

Skinness, 66, was originally ordered to serve 30 days in the Olmsted County jail, pay $1,000 in fines, including restitution, participate in a sex offender program for an indeterminate amount of time and serve 100 hours of community service. According to court records, subsequent violations could warrant three years in prison.

The original charge came from allegations against him when he was a teacher at Bonner Elementary in 2009. Skinness reportedly touched a 9-year-old girl inappropriately on several occasions, according to a court complaint. The complaint said he put his hand down her shirt, touched her breasts and put his lips on her ears. According to Olmsted County police reports, several girls in Skinness’ third-grade class complained of feeling uncomfortable around him, particularly when sitting on the “hot seat” with him, on which students would have to sit between his legs.

“He appears to view his actions as ‘normal,’” District Judge Jodi Williamson months ago read from a report. “This attitude and behavior can be addressed by a treatment program.”

The report said Skinness maintains his actions were not sexually motivated, though he has admitted to invading the girl’s space.

As part of his conditions of probation, Skinness must register as a sex offender, abstain from alcohol, drugs and pornography, must not have access to the Internet, must not have contact with minors and must now attend Riverside Psychology Services Sex Offender Program. Skinness will report to jail on May 21. ..Source.. by Austin Daily Herald

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Marion sex offender arrested at ballgame

Again we see law enforcement misinterpreting "where children gather," where the correct interpretation is "where children gather WITHOUT ADULT SUPERVISION." Not only is this man destroyed in the eyes of his child, society is harmed by the misuse of law which very well may be actionable; hopefully it will be challenged in court. Anyone who feels this interpretation needs to ask, is there anywhere on earth "where children wouldn't gather?"
5-13-2012 North Carolina:

MARION -- A ballgame turned out to be anything but fun and games for a registered sex offender Friday.

Lt. David Marler of the McDowell County Sheriff's Office arrested Christopher William Patrick, 27, of Alabama Avenue in Marion at Maple Leaf sports complex and charged him with a felony sex offender law violation (being in an area where children gather).

Capt. Ricky Crisp said Marler received information from an anonymous caller that Patrick was at the ballpark, watching his son play.

The lieutenant went to Maple Leaf, found Patrick and arrested him there at 6:15 p.m.

Patrick was convicted in McDowell County in January 2004 of two counts of taking indecent liberties with a child. He was sentenced to one year and eight months in prison followed by 3 1/2 years on probation.

Crisp stated that Maple Leaf is considered a county park and, by law, registered sex offenders aren't allowed there because it's a place children frequent. ..Source.. by Richelle Bailey | Media General News Service

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Friday, May 11, 2012

Man accused of rape files countersuit

5-11-2012 New Mexico:

An Oklahoma man accused of raping a Tennessee woman in Santa Fe three years ago has responded to the woman's rare civil lawsuit by accusing her of defaming him.

The woman's lawyer, Mark Donatelli, said the man claims he did not have to register as a sex offender for a previous rape conviction because he was a confidential informant for the FBI.

"Were women in Santa Fe at risk of not being able to check the Internet and see whether this guy was a convicted sex offender because the FBI told him he could hide that from people in the community?" Donatelli asked.

Angela Damron of Crossville, Tenn., accuses Jody Hugh Deere of Ardmore, Okla., of raping her at Deere's ex-wife's house on Governor Dempsey Drive on April 9, 2009, while she was unconscious, possibly because she was slipped a "date-rape" drug.

Deere's counterclaim, filed last week by his lawyer, former City Councilor Matthew Ortiz, says a toxicology analysis shows no trace of Rohypnol, or any other date-rape drug, in Damron's system, but that she tested positive for alcohol, antidepressants and cocaine.

Deere also is accused of second-degree criminal sexual penetration in connection with the same incident. State District Judge Michael Vigil has scheduled jury selection in the criminal case to begin Sept. 4.

Jason Flores-Williams, Deere's lawyer in the criminal case, previously said Damron and Deere were part of the "Hyde Park party scene," that they had consensual sex several times over the previous two years and that Damron was suing for rape because she is "economically motivated."

Deere's counterclaim says Damron was taking the antidepressant bupropion while bar-hopping with friends, when she saw Deere in the basement of Evangelos Cocktail Lounge, bought him a shot of tequila and asked him if he had any cocaine. Damron said he did not have cocaine with him, according to the document, but after the two danced and kissed, he asked her to accompany him to the house on Governor Dempsey Drive. ..For the rest of this story: by Tom Sharpe | The New Mexican

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Thursday, May 10, 2012

After An Exoneration, A Rape Victim and An Innocent Man Still Bound By A Terrible Crime

5-10-2012 Texas:

This week's feature tells the story of Debbie Jones, a Richardson woman who was raped and robbed at knifepoint in 1985, when she was 19.

Soon after the crime, Jones picked Thomas McGowan out of a photo lineup. He was convicted of burglary and sexual assault and sentenced to two consecutive life sentences. Jones tried her best to move on with her life. But when DNA evidence exonerated McGowan in 2008, she suddenly had to live with the knowledge that her mistaken identification had put an innocent man in prison. At the time, her real rapist hadn't yet been found -- and when he finally was, the statute of limitations to prosecute him had passed.

Jones agreed to speak with the Observer about her experiences, the first time she's been interviewed at length. But one of her main concerns was McGowan: She wanted to make sure nothing in the article hurt or upset him. Although she never could have imagined it, the two have tentatively formed a friendship; today, they occasionally speak at events together about wrongful conviction and exoneration, sometimes accompanied by Mike Corley, who was a detective on Jones' case.

"We'll always always be forever bound by this," Jones says.

Jones and McGowan first met about a year after the exoneration, in a sometimes-awkward meeting at Dallas County District Attorney Craig Watkins' office. For McGowan, the chance to meet Jones face-to-face was transformative.

"I got the chance to meet the woman that said that I had did this," he explains. "The best part about it was I got a chance to meet her, talk to her. ... Meeting her was a good chance to meet and face my accuser and really just look at her in the face." ..For the remainder of this story: by Anna Merlan

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Underwear-clad man stabs computer with samurai sword because it was full of child porn

5-10-2012 Florida:

Most guys I know hide their porn simply by labeling their computer’s porn folder something they know their girlfriends won’t be interested in, like “Reason” or “The Ability to Drive.” But for a 21-year-old man from (you guessed it) Florida, that wasn’t enough. To be fair, his computer was full of child porn and the cops were banging down his door at the time, so you can forgive him for drastic measures.

A 21-year-old Florida man, who just last month was praised for saving his mother’s life with a Samurai sword, was taken into custody this week when he used the weapon to stab his computer as FBI agents raided his home for child pornography.
Well, you know the saying, he who saves his mother’s life by the sword, stabs his kiddie-porn laden computer by the sword. ___ I want to marry that paragraph.
According to an affidavit obtained by the Daytona Beach News-Journal, Kamil Mezalka was in his underwear when agents arrived at his house with a search warrant and entered when no one came to the door.

Suspected of stockpiling pornographic images of young girls on his hard drive, Mezalka reportedly came out of his bedroom with his hands up when the agents entered and then went back into his room, shutting the door.

The agents followed him, saw him stab his computer with the sword, and took him into custody.
I confess I’m no Steve Jobs, but I’m preeeeetty sure that’s not going to work. ..For the rest of this post: by Vince Mancini

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