County may shut down sex offender task force

Ever wonder why Federal Taxes are so high? Read closely, a federal grant for a "SPECFIC PURPOSE," now look at what I have highlighted which has nothing to do with the grant, and shows how the grant money has been misused!

11-28-2010 Washington:

Spokane County sheriff’s Deputy Damon Simmons spends much of his time hunting for online sexual predators with the Spokane County Child Sexual Predator Task Force.

But Simmons’ time with the task force may be running out.

The task force, which focuses on finding new online offenders and managing known offenders, was created in 2008 with a nearly $500,000 grant from the U.S. Department of Justice. The money for his position runs out in a few weeks. Faced with budget cuts, it’s a position the department may not be able to keep.

The Sheriff’s Office is the lead agency in the task force, which includes the Spokane County prosecuting attorney, Spokane and Spokane Valley police departments, Washington State Department of Corrections, Partners with Families & Children and others.

The grant paid for Simmons’ training and salary for two years. It expired this October, but the Sheriff’s Office got an extension, which will allow use of funds left over from the first two years of operation to continue funding Simmons’ position until January.

The Sheriff’s Office was able to make the grant stretch because the U.S. Marshals Service chipped in some equipment and overtime pay, but when it runs out, Simmons’ position could be eliminated and he could be back on patrol.

“The position entails a lot, and there’s going to be a lot missing if that position goes away,” Simmons said.

The Sheriff’s Office is trying to figure out how to handle Simmons’ workload if he has to go back on patrol.

“It would be tough to do, and I know they’re addressing that question,” he said.

One possibility: Divvy the duties among patrol officers.

But, Simmons said, “It would be difficult with all the other tasks that patrol has.”

One of his responsibilities is face-to-face address verifications for level 1 sex offenders – he visits their addresses to make sure they really live where they say. The Sheriff’s Office has to check in with each level 1 offender – those considered least likely to become a repeat offender – once a year.

With more than 1,200 level 1 sex offenders in Spokane County, it’s a time-consuming task. But spending some time with each of the offenders and getting to know them helps law enforcement link those who become repeat offenders to new crimes more quickly, Simmons said.

In addition to funding his position, the grant paid for federal training and new technology for him and the task force.

“A lot of the training I received was paid for with the grant – and really good training,” Simmons said. “I’m talking state and federal training, some of the best training I have received as a law enforcement officer.”

In addition to tracking online predators, Simmons has helped catch nearly 40 fugitive offenders, completed about 800 address verifications and collected more than 100 DNA samples for the state which help law enforcement find repeat offenders more quickly.

Simmons also has an education role and has talked about the dangers of sexual predators – especially online predators – at places such as local schools.

“We’re doing more than just going after sex offenders,” said Esther Larsen, project director with the Sheriff’s Office, who applied for the grant.

Lt. Steve Barbieri is drafting a proposal to get more funding from the county’s general fund in a supplemental budget request to save Simmons’ task force position and potential cuts in other investigative units, Barbieri said.

He said keeping positions such as these is increasingly important as more sexual predators move online.

“The … task force is dealing with the predators who are preying on children through the Internet,” he said. “That’s one of the areas we don’t have time to work because it’s labor intensive, but it’s how sex offenders and predators are attempting to contact kids. It’s no longer meeting them in playgrounds, driving down the street to meet them. It’s on the Internet nowadays.” ..Source.. Chelsea Bannach The Spokesman-Review

Read More of Article...

Article Summary only...

Governor Rendell Announces Vetoes of Three House Bills

Notice how PA Lawmakers tried to use the "sex offender" card, to pass some totally unrelated provisions affecting all folks. Lawmakers everywhere are tricky they know how to get things into law even when that something may be detrimental to some group or a class of folks.

11-28-2010 Pennsylvania:

House Bill 1926 - Veto Message

I am returning herewith, without my approval, House Bill 1926, P.N. 4477, entitled "An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general principles of justification, further providing for definitions, for use of force in self-protection, for use of force for the protection of other persons, for grading of theft offenses and for licenses to carry firearms; providing for civil immunity for use of force; and further providing for registration of sexual offenders and for sentence for failure to comply with registration of sexual offenders."

My veto of this legislation came after careful consideration and weighing of the bill's multiple provisions. I would have gladly signed the amendments to "Megan's Law" that were the initial substance of House Bill 1926. The original aim of the bill was to close loopholes in the statute related to the registration of out-of-state sex offenders and to require the registration of transient sex offenders. We made clear to the Legislature early-on that we supported these well thought-out changes.

I wish that the Legislature had sent a clean bill with these provisions to my desk. However, the "Castle Doctrine" amendment that the General Assembly subsequently approved and included in House Bill 1926 would have threatened – not enhanced – the public safety of Pennsylvania citizens, and for that reason I am withholding my signature from the bill.

Under current law, the use of deadly force is not justifiable to protect oneself when one can safely retreat, unless a person is attacked in his or her dwelling or workplace. I support the state's existing Castle Doctrine – which enables Pennsylvanians to protect themselves in their homes; however, I have grave concerns with the expansion included in this legislation. We should have the right to protect the sanctity of our homes at all times. This legislation has nothing to do with the right to protect one's home, but seeks to expand the Castle Doctrine to outside the home.

The bill as passed encourages the use of deadly force, even when safe retreat is available, and advances a "shoot first, ask questions later" mentality. I do not believe that in a civilized society we should encourage violent and deadly confrontation when the victim can safely protect themselves. As keepers of the public trust, we have the solemn duty to protect our citizenry, not put them in harm's way, and to protect the sanctity of human life.

It is noteworthy that even the original sponsor of this bill, state Rep. Rick Taylor – who championed the Megan's Law improvements contained in the legislation – voted to oppose the bill after it was amended to include the Castle Doctrine. In addition, respected organizations including the Pennsylvania District Attorneys Association, Pennsylvania Coalition Against Domestic Violence and CeaseFirePA have all asked me to veto House Bill 1926, and I agree with law enforcement that public safety is best preserved by refusing to expand the Castle Doctrine.

In approaching this decision, I spoke to Edward Marsico, the respected District Attorney of Dauphin County and the chair of the Pennsylvania District Attorneys Association. He told me that "this bill is proposing a solution to a problem that doesn't exist" and that, if approved, it would create "great opportunities for defense lawyers of violent criminals." I agree.

Throughout my administration, I have asked you to pass common-sense bills that quell gun violence throughout our Commonwealth and save lives, and the Legislature has refused. In fact, in a show of real lack of courage, the Legislature resisted a chance to close the Florida concealed weapon permit loophole during its debate on this bill.

I cannot sign my name to a bill that contradicts the very anti-violence agenda I have worked so hard – along with many legislators – to achieve.

In addition to my concerns with the substantive provisions of this bill, there are issues with the procedure by which it was passed. Article III, Section 3 of our Constitution provides that "No bill shall be passed containing more than one subject, which shall be clearly expressed in its title." This bill as introduced and subsequently amended four times dealt with amendments to our statute related to the registration of sex offenders. However, the Senate later expanded the bill to include amendments to our statute related to one's duty to retreat when faced with an aggressor and amend Pennsylvania's Castle Doctrine. It created an untenable burden on legislators who were against the expansion but were fearful of voting against the positive amendments to Megan's Law. That is just what the Supreme Court intended to prevent by its decision in Pennsylvanians Against Gambling Expansion Fund, Inc. v. Commonwealth.

Pennsylvania Courts have held time and time again that the matters contained in a single bill must bear a "proper relation" to each other. It is not enough for the subjects to be linked by a broad and general topic. The issues in House Bill 1926, though they may have to do with "crime" generally, do not have anything to do with each other. The duty to retreat or the right to stand one's ground when confronted has nothing in common with sex offender registration requirements. House Bill 1926, therefore, is clearly unconstitutional and should not be enacted into law for that reason as well. ..Source.. Sincerely, Edward G. Rendell, Governor

Read More of Article...

Article Summary only...

Middle Finger Lands Man In Jail

The wife says "He's angry," reporter reports that, but the other side of the story is? Missing! Well, I guess he is lucky that he isn't charged with some sex crime, resulting in being listed on a sex offender registry, given the real meaning of "Flipping the Bird."

11-26-2010 California:

SACRAMENTO (CBS13) — A local man is facing charges of violating a restraining order after flipping the bird to his wife, according to authorities.

Paul Bechtel gave the rude gesture to his soon-to-be-ex-wife Rebecca during a recent appearance in a Sacramento County family court, but although the sentiment didn’t surprise her, she said the end result did.

“He went up, talked to the bailiff, turned around and flipped me off,” Rebecca said. “And was arrested.”

Deputies placed him in cuffs for violating a restraining order against him that called for no communication with Rebecca. Giving someone the finger, authorities said, is a form of communication.

The gesture also qualifies as harassment, Sheriff’s Department spokesman Tim Curran said.

“One would consider flipping the bird as harassing somebody, and that’s what the judge believed and he was charged accordingly,” Curran said.

Rebecca said it’s not the first time her husband has raised his middle finger at her since they filed for divorce, but it was the first time he did it in court.

“[He’s] very angry. Angry at the world,” she said. ..Source.. by CBS

Read More of Article...

Article Summary only...

Happy Thanksgiving

Read More of Article...

Article Summary only...

Macon County on hook for sexual offender confinement petition legal bills

11-25-2010 Illinois:

DECATUR - Macon County officials face a dilemma of how to pay for the legal representation and medical evaluation sexually violent parolees are entitled to as they battle rulings that keep them confined until they successfully complete sex offender treatment.

Ronald K. Jones, 51, of Decatur is opposing a petition by the Illinois Attorney General's Office, and the Fourth District Appellate Court has vacated Macon County Circuit Court Judge Lisa Holder White's appointments of a Macon County public defender and then the Office of the State Appellate Defender to represent him because neither is allowed to handle civil matters.

As a result, Associate Judge Timothy Steadman on Tuesday presented the county board's Justice Committee with a bill for $2,079 from attorney Monica Hawkins for her representation of Jones on his latest appeal.

Steadman said there is no money in the circuit court budget to pay the bill and that the court system has "virtually no control over how many of these petitions are filed."

Steadman and Presiding Judge A.G. Webber also told the committee that a case involving Kim Alan Overlin is in the pipeline.

Jones was sentenced to four years in prison on a conviction of two counts of aggravated sexual abuse in 1992 and eight years in prison for aggravated criminal sexual assault with a victim under age 13 in 1994.

Kim Allan Overlin, 58, of Decatur, convicted of sexual abuse of children three times since 1979, has been fighting to be released from a state facility for sexual predators for more than 12 years.

Steadman said he's seen a decrease in petitions for post-parole confinement, which now involve 15 or fewer Macon County offenders annually, and that many offenders do not fight the petition.

The judges said the state's attorney's office can file similar petitions, but the state is the petitioner in both the Jones and Overlin cases.

Decatur Democrat Jay Dunn, who is chairman of the county board and its Finance Committee, said a resolution for a budget amendment would have to be approved by the board before such bills could be paid.

Justice Committee member Bill Oliver, D-Decatur, wondered aloud if the county's judgment fund would be a proper source for payment.

In other business Tuesday, the committee passed a resolution increasing appropriations for the Probation Department by $15,000 to evaluate juvenile sex offenders for the Macon County Mental Health Board.

The measure goes to the board's Finance Committee on Monday and to the full board Dec. 9. ..Source.. Theresa Churchill

Read More of Article...

Article Summary only...

Of sex and injustice

11-24-2010 Michigan:

Why the Michigan Sex Offender List needs to be abolished as soon as possible.
(Audio)

Some years ago, I talked to a heartbroken woman who lived near the Ohio border. Her daughter, who was younger than 16, the legal age of consent in Michigan, had been willingly having sex with her 17-year-old boyfriend, an honor student. The kids wouldn't stop doing it, surprise, surprise, and the mom then took them to court.

When the boy, who was hoping for scholarships and acceptance at an Ivy League school, learned that he was going to end up on the Michigan Sex Offender Registry, he felt that his life was ruined. Soon after, he drove his car into the path of an oncoming tractor-trailer. He left no note, and his death technically could have been an accident, but everyone knew it wasn't.

Welcome to our wonderful world of stigma.

It's called the Michigan Sex Offender List, and is a terrible thing that needs to be abolished — as soon as possible. It was born of a half-baked noble idea that was rushed into law in Lansing and turned into something dangerously bad. This all started in 1994, when Megan Kanka, a 7-year-old New Jersey girl, was brutally raped and murdered. The scum who did it was a convicted felon who had served time for other sex crimes, and who lived across the street. Megan's parents had no idea of his background.

A national outcry led to Congress requiring persons convicted of sex crimes against children to notify law enforcement of any future change of address or employment, in some cases, for the rest of their lives. That itself ought to make us a bit uneasy; it sounds like something that would happen in a place like the Soviet Union, where prisoners often weren't allowed to leave Siberia even after they did their time. However, given the nature of sex criminals, and our legitimate interest in protecting children, this action might conceivably be justifiable in the interests of society.

What happened next, however, wasn't. New Jersey passed something known as "Megan's Law," which required the state to maintain a database listing all released sex offenders — and to notify communities whenever an offender moved into the neighborhood. Supposedly, that's so parents can keep little Billy away from the pervert's house. In fact, that sounds like a sure-fire way to make it impossible for these folks ever to rehabilitate themselves, and maybe even an open invitation to vigilante action. (Little Susie's late coming home from school? Let's string up the neighborhood pervs!)

Michigan then did something even worse. We created a registry listing people convicted of all sorts of "sex" crimes, showing people's driver's license pictures, telling where people live and indicating something about the severity of their crimes through a vague and confusing system of numbered categories.

Investigations have shown that the site is frequently out of date and lists wrong addresses. Worse, serial child rapists are there next to people who — when they were 16 — had sex with their eager and willing 15-year-old girlfriend or boyfriend. You can even get on the sex offender registry for indecent exposure, meaning it may well contain some drunken frat boys arrested for urinating in the South Quad.

To add to the monstrosity of this, once you get on the list, you stay on for at least 10 years, sometimes for life. This got new attention earlier this month, after it was revealed that a 14-year-old girl in Wayne County's Huron Township had sex with an 18-year-old classmate. Neither knew how old the other was.

Initially, both said it was not only consensual, the girl approached him. Then, however, the child had second thoughts and claimed she was raped. Classmates made fun of her, and she killed herself. Had she lived, the boy would have ended up on the offender list even if she had stuck to her story that she seduced him.

He also would have gone to jail. But since the only witness is now dead, he's home free. Which is a nutty system. But for those whose partners haven't died — how is somebody supposed to get a job and turn their lives around when they are on that list?

I just called it up and plugged in my fairly upper-middle-class ZIP code. There was one name in my neighborhood, but when I clicked on his info to see what he had been convicted of, I got knocked off the registry.

The Michigan State Police specifically say they won't verify for the accuracy of the registry's information. Nor does it do any good in preventing crime. Two years ago, a study of a similar New Jersey law found that the registry had no effect on reducing sexual offenses, re-offenses or the number of victims. What the law did do was cost the state a lot of money.

Obviously, this turkey should be repealed, and replaced with a law that requires authorities to keep close tabs on dangerous sexual predators, or, if it isn't politically possible to entirely get rid of a sex offender list, have it only for convicted child molesters.

Actually, if somebody is that dangerous, they probably shouldn't be out on the street. We need, as penal experts now say, to lock up the people we are legitimately afraid of, not the ones we are mad at. I wouldn't have any problem with stiffer penalties for dangerous sex criminals, especially if the Legislature wanted to save us millions by releasing a lot of nonviolent criminals.

Incidentally, I have a selfish interest in abolishing the sex offender registry; I might easily have been on it. Not because of anything I did when I was in high school; I was far too socially inept, and the only woman I now want is older than the president.

But I do take my dog to public woods, and once or twice, at night, after a day of coffee drinking, I have had to join him in peeing on trees. All things considered, I would rather not have my driver's license picture on the registry. It makes my face look fat.


Women who need real justice: Last week I saw former Gov. William Milliken, a man who has devoted his life to justice. I was curious to know what he was thinking about the new administration. I found, however, that he was much more focused on the present — specifically, on a favorite cause of his: Unjustly imprisoned women in Michigan prisons. For years, he has supported the Michigan Women's Justice and Clemency Project.

He and Carol Jacobsen, a University of Michigan professor who directs the project, have petitioned Gov. Jennifer Granholm to commute the sentences of dozens of battered women. I've looked at their case files. Most probably never should have been in prison at all; they were the victims of bad lawyers and insensitive judges.

Some killed boyfriends and husbands who were attacking them or their children. Some were dragged along on crime sprees by criminal lovers, more or less against their will. Others have been held far past any reasonable time they should have been behind bars.

Jennifer Granholm leaves office in five weeks; she can never run again, and has nothing to fear politically. She hasn't left much in the way of progressive legacy over the last eight years. Letting these poor women go would be a golden opportunity to do the right thing and correct an injustice.

Let's hope that in our lock-'em-up-obsessed world, the governor at last finds the courage to do the right thing. ..Source.. Jack Lessenberry

Read More of Article...

Article Summary only...

Double Jeopardy in Sex Offense Cases

11-24-2010 Tennessee:

Most Tennesseans are familiar with the concept of double jeopardy, the principle that is found in both the United States and Tennessee Constitutions and guarantees all citizens that they cannot be put on trial twice for the same offense. While the doctrine seems simple enough, it has applications that extend far beyond what a simple reading of the constitutional language would reveal to the ordinary reader. One such application is particularly relevant in sexual offense cases, such as rape of a child, sexual abuse by an authority figure, statutory rape, etc., where the double jeopardy provisions of the state and federal constitutions often work to prevent the prosecution from charging a defendant multiple times for different stages of the same criminal act.

In a recent decision of the Tennessee Court of Criminal appeals the Court included the following language regarding the concept of double jeopardy in such cases “when a defendant is charged with a sexual offense, the defendant may not be convicted of two offenses when the conduct underlying one offense was ‘directly facilitative, and thus incidental, or merely preparatory in the sense of intending to arouse the victim or perpetrator’ for the commission of the second offense” citing State v. Barney, 986 S.W.2d 545, 548 (Tenn. 1999).

Without going into details that are too graphic, this essentially means that a Defendant cannot be charged for two different sexual acts against a victim if one was preparatory or incidental to the other or meant to make the other easier to accomplish. Such a concept may be a godsend to criminal defendants who find themselves facing multiple felony charges for alleged sexual offenses against the same victim, especially accounting for the fact that such charges can be sentenced consecutively against a defendant who is convicted, meaning that the defendant can end up facing a large sentence even though he or she may have been sentenced to multiple relatively short sentences.

Tennesseans who have been charged with sexual offenses should not waste time in beginning to fight the charges. Contact a skilled criminal defense attorney today for assistance with your case. ..Source.. by Baker Associates

Read More of Article...

Article Summary only...

84 sex offenders arrested after failing to notify neighbors

Louisiana requires FSOs to personally mail post cards to neighbors within xx feets of where they live. There is no doubt this forced procedure, to carry thye government's message is unconstitutional. Someday the ACLU will take up the cause and prove same in court, hopefully.

11-23-2010 Louisiana:

The New Orleans Police Department's Sex Crimes Unit has arrested 84 people so far this year for failing to comply with their orders to notify neighbors and law enforcement officials of their crime.

Lt. Paul Noel, who heads the unit, said at a news conference Monday that he and his detectives found the offenders because of ongoing compliance checks that began in earnest last week.

The push to investigate each offender isn't new, Noel said. But, he added, he hopes the publicity will stop offenders from eluding the checks, whether they are new to the city or longtime residents.

There are more than 630 registered sex offenders living in the city, Noel said, and the NOPD has done more than 800 compliance checks so far this year.

There are three tiers of sex offenders, some of whom have to check in with police once a year for 15 years, all the way up to those who are required to check in with detectives every 90 days for the rest of their lives.

"We plan on conducting a compliance check on every sex offender in New Orleans," Noel said. ..Source.. by Danny Monteverde, The Times-Picayune

Read More of Article...

Article Summary only...

A dozen Sand Springs sex offenders could be forced to move out

11-23-2010 Oklahoma:

SAND SPRINGS, Okla. - The city of Sand Springs is taking steps to move nearly two dozen sex offenders who live just down the street from a neighborhood.

City officials say parents are worried that so many sex offenders live near their children, so the city created a city park that draws new boundaries.

"I'm concerned for the childrens' safety," said resident Wilma Stanfill.

Stanfill has lived in Country Meadow Estates in Sand Springs for 25 years. She had no idea that 23 registered sex offenders lived so close.

The very person complaining provides testimony that, for 25 years there has not been a single incident, if there were I'm sure she would have mentioned it. Hopefully the former offenders will get a lawyer and take the city to court, using her testimony as evidence.

"I'd like to see it be safe, and I'd like to see the park be there, and maybe those other people can move away," she said.

Assistant Chief of Police Mike Carter says the owner who built the RV park in Tulsa County is building another one on city land. Residents are concerned more offenders will move in.

"When you're looking at close to 40 sex offenders living in one area, that wasn't looked at as the best interest of our citizens," Carter said.

So the city created a park within Country Meadows. Under Oklahoma law, sex offenders cannot live within 2,000 feet of a city or county park. Both RV parks fall within that boundary.

"People will make the case, well now you know where they are. Our citizens didn't sign up for that," Carter said.

Troy Norris owns both of the RV parks. He says he allowed sex offenders to live at his Tulsa County location at the request of Operation Hope Ministries.

Norris says the site in Sand Springs city limits would be different.

"I never intended to allow offenders in this park. I think the city kind of assumed that was going to be the case," he said.

"Then we really don't have a conflict," said Carter, after hearing this. "In that respect, if that's not what his intentions are, then I'm glad we could help him out. Because I think we're going to be protecting the new occupants of his new RV park."

Norris says city officials never contacted him with their concerns.

"It doesn't really bother me from a business stand point, personally it seems that it's a little underhanded," he said.

The Tulsa County Sheriff's Office wasn't aware that Sand Springs had created this park. They are consulting with the DA's office and if the sex offenders have to move, they will be contacted. ..Source.. Sara Goldenberg

Read More of Article...

Article Summary only...

Minnesota Sex Offender Program: "No Men Will Be Released in 2010"

There is no way this can be said to be anything but further punishment, without further conduct. Minnesota has made this process a joke and criminal.

11-22-2010 Minnesota:

Duluth, MN (Northland's NewsCenter) - In a follow up to our report on the Minnesota Sex Offender Program spokespeople say no men will be released in 2010.

Sex offenders who will be released must go before a court appointed panel after they've successfully completed treatment and because the court has not begun the process to release any men at this point no releases will be made before the end of the year.

Spokespeople say the final stage before any release is to transfer offenders to the facility in St. Peter.

No one has been transferred in preparation for release at this point. There are currently 587 sex offenders in the program and in the 15 years of Minnesota's Civil Commitment program no one has been successfully released. ..Source..

Read More of Article...

Article Summary only...

Lawmakers proposing convicted murderers registry bill

In case lawmakers don't know it, murderers do have a recidivism rate, so sayeth the DOJ!

11-22-2010 Hawaii:

HONOLULU (HawaiiNewsNow) - Days after paroled murderer Justin Boulay arrived in Hawaii, lawmakers are proposing a new bill that would keep tabs on convicted killers in the state.

Representative John Mizuno and Sen. Will Espero say a registry they're proposing would be similar to that of Hawaii's existing sex offender registry.

But the names of offenders would be taken off the list once they finish their parole.

The lawmakers will introduce the bill during the legislative session in January. ..Source.. Hawaii News NOW

Read More of Article...

Article Summary only...

Maker of Four Loko drink to remove caffeine from products

Ahhh, the "two other ingredients" which are unnamed! Why?

11-21-2010 Hawaii:

The manufacturer of popular caffeinated alcohol drink Four Loko has said it will remove the caffeine from its products.

Today, Phusion Projects posted a statement on its website, saying the company will remove caffeine and two other ingredients from its product going forward.

The statement by the company's three co-founders says they are taking this step after unsuccessfully trying to deal with what they called "a difficult and politically-charged regulatory environment at both the state and federal levels."

The drink has been banned in four states.

The beverage could be a factor in several sex assault cases here in Hawaii.

Lawmakers are hoping to stop caffeinated alcoholic beverages from being abused.

"I think that is...there's concern that it's closely related to any kind of alcohol drink then I would suggest a ban on it," said Adriana Ramelli of The Sex Abuse Treatment Center.

Officials at The Sex Abuse Treatment Center of Hawaii say they see cases involving the date rape drug or drugs to target victims, but the most common tool used by offenders is the easiest to find.

"The number one date rape drug is alcohol," said Ramelli.

A series of sex assaults at the University of Hawaii at Manoa indicate an alcoholic energy drink called Four Loko may have played a role.

"And unfortunately there are men, young men, older men out there who are looking for what they would consider the perfect target, the perfect target is someone who is intoxicated," said Ramelli.

A recent surge in alcoholic energy drinks, with some containing as much as 12-percent alcohol per can, have been blamed for sending young adults and kids to the hospital.

"The problem with it is that kids are going beyond I guess the buzz," said Ramelli.

Already ousted from Washington state, Michigan, Utah and Oklahoma federal regulators are hoping for a complete ban on the beverage while the Food and Drug Administration is evaluating the safety of the product.

Here at home the Honolulu Liquor Commission acting administrator says:

"The product and other alcoholic energy drinks will be a topic of discussion at the Annual Conference of Hawaii State Liquor Commissions that I am currently attending."

Sex Abuse experts say to prevent harmful effects of beverages like this always know where your drink came from, have a buddy and stay together.

"You watch out for each other and you make a plan to take care of each other," said Ramelli. ..Source.. Olena Heu

Read More of Article...

Article Summary only...

Attorney: Man Dealing With Poison Ivy, Not Masturbating

Should this attorney be convicted? Isn't this the kind of attorney every defendant dreams of?

11-21-2010 Kentucky:

Charles Licktieg Enters Not Guilty Plea In Case

LAGRANGE, Ky. -- A sex offender treatment supervisor for a Kentucky prison has been charged with indecent exposure.

Charles Lickteig II, 48, is now on administrative leave from the Luther Luckett Correctional Complex in LaGrange.

According to court records, Lickteig had stopped his vehicle at Lime Kiln Lane and U.S. 42 when a woman pulled up beside him. She claimed Lickteig's genitals were exposed and he was masturbating. She also said Lickteig looked at her and he knew she saw him.

Court records also said the woman later saw Lickteig at the same intersection and was able to get the license plate number to Lickteig's car and called police.

Licktieg was arrested on Oct. 14 and pleaded not guilty to second-degree indecent exposure.

Lickteig's attorney, Alex Dathorne, said Lickteig was also a police officer for eight years.

"So he's quite in tune with the seriousness of these allegations and also the embarrassment that goes with simply making the allegations," Dathorne said.

Dathorne said there may be a reasonable explanation for what is now a very serious charge.

"Sometimes, people who view things have a different perception as to perhaps what was actually occurring," said Dathorne.

Dathorne said his client was not sexually gratifying himself, but instead, Lickteig was trying to deal with a severe case of poison ivy.

"He's taking the charge, albeit a misdemeanor, extremely serious," Dathorne said.

His criminal case, more than a month after the incident, remains unresolved.

"If a resolution can be reached, then we will do so. If not, then it may be something we may very well have to resolve by way of a jury trial," Dathorne said.

A spokeswoman for the Kentucky Department of Corrections said Lickteig has been placed on paid administrative leave pending the outcome of his criminal case.

Lickteig has a preliminary hearing scheduled for Nov. 30 in Jefferson County District Court. No trial date has been set. ..Source.. by Andy Alcock/WLKY

Read More of Article...

Article Summary only...

Essay: Sex and Justice

11-19-2010 Michigan:

A recent horrifying case involving teen suicide has gotten wide attention. The case got Michigan Radio’s Political Analyst Jack Lessenberry thinking about the state’s sex offender registry.

If news is what people are talking about, then the big story in Michigan last week wasn’t the budget deficit, or Governor-elect Rick Snyder’s efforts to put together an administration.
No, the big story was a horrifying case where a fourteen-year-old girl killed herself after having sex with an eighteen-year-old boy.

And it ought to make us all think about a lot of things, including whether the Michigan Sex Offender registry makes any sense.

In this tragic case, both teens at first told police the act was consensual, but later the girl appeared on local TV news, and said she had been raped. Following that, the kids in her high school evidently turned on her. Eventually, the child went home and hung herself. This story is distressing on too many levels to count.

Whatever actually happened between the teens is hard to determine, though police say the girl said she told the boy she was eager to lose her virginity. If so, she later had second thoughts. As a journalist, I am appalled that a local so-called news station put this child on TV, identifying her by name, as she talked about her sex life.

Grownups ought to know how cruel the world can be.

But this whole episode really ought to draw attention to an appalling institution called the Michigan Sex Offender Registry.

Since the 1990s, the registry has listed anyone convicted of a so-called sex crime and indicates where they live. The idea was to protect children by allowing families to discover if a convicted sex offender lives in the neighborhood.

That may make some sense in the case of serious pedophiles, though it also could be seen as a dangerous invitation to vigilante action. But the registry also includes those convicted of a wide variety of far lesser offenses, including drunk frat boys who relieved themselves in public. They are on there with the serial rapists.

The main problem is in cases like this one. In Michigan sixteen is the legal age of consent. But in our highly sexualized society, there are many sixteen year old boys who are active with their almost sixteen year old girlfriends. Legally, they are committing a felony.

If they are caught, they will end up on the registry, and you can imagine what that will do to their futures.


A few years ago, I knew of a seventeen-year-old honor student who was taken to court for having relations with his underage girlfriend. Upon finding out he’d be on the registry, he killed himself by driving into the path of a huge truck.

In the case now making headlines, the student who was the dead girl’s sex partner wasn’t old enough to legally drink, but he was headed to hard time in prison, even if she had admitted that she solicited him. Our law has no tolerance for sex with underage minors, no matter the circumstances. The young man would also have been on the sex offender list for at least twenty-five years.

But ironically, he won’t be on that list now, since the only witness is dead. I’m not saying he should be, nor am I condoning whatever his behavior was. I am saying there is something terribly wrong with this system. ..Source.. by Michigan Radio’s Political Analyst Jack Lessenberry

---

In response to this story is another relevant comment:

As the mother of someone on the registry, I can attest to the nightmare it creates. As a young boy, my son did something inappropriate, yet deemed typically "exploratory" by the evaluators we saw. Every evaluation stated he should not be looked at as a "predator." Even the judge acknowledged the faults with the registry. The stigma pushed my son to attempt suicide three years ago, 10 years after the incident. We're lucky he was found before he died. If the Adam Walsh Act is enacted by our legislature, I fear he will be pushed to the edge again. He and his high school sweetheart of eight years would love to plan a future together, but live in fear of the unknown. Let's hope and pray people in power see the punishment these Draconian laws inflict.

---

Read More of Article...

Article Summary only...

Patient charged with terroristic threats

Talk about over-charging someone, here we see a classic case. Certainly he should be charged with making the threats, but "terroristic" is absurd, such should be reserved for things pertaiing to the security of the country, not a specific person. A case of a Prosecutor out of control!

11-18-2010 Minnesota:

A 34-year old patient with the Minnesota Sex Offenders Program at the St. Peter Regional Treatment Center faces two felony counts for allegations he threatened a Department of Human Services employee on two separate occasions in August.

Larry Dean Dyslin, Jr., 34, has been charged in Nicollet County District Court with two counts of felony terroristic threats. If convicted he could face a maximum penalty of five years in prison and a $10,000 fine. Dyslin will make his first court appearance on January 14, 2011.

According to court documents, a Minnesota Department of Human Services reimbursement specialist received a call on August 10 while working in the billing office at St. Peter. The caller, who did not identify himself, indicated he was upset at her for sending a bill to him for treatment costs.

The caller got angry with the victim and told her he was going to “put a hit” on her. The woman notified her supervisor who in turn notified a Department of Human Services special investigator.

On August 16, the victim received a voice mail which appeared to be from the same caller which said, “this is Larry Dean. I’ve already paid someone to take out you and your family. So if there’s another bill . . . you’re dead,” according to the complaint.

The special investigator was able to determine the caller was Dyslin, who was an MSOP patient and committed as mentally ill and dangerous. Dyslin told the investigator he knew the woman because her name was on the bill he received.

He also admitted to threatening the making the threats and a witness also informed the investigator he overheard Dyslin make the threats as well.

The woman told the investigator she feared for her safety because of the threatening calls and had changed her routine because of them as well. ..Source.. StPeter Herald.com

Read More of Article...

Article Summary only...

Sex-offender registries' effectiveness not clear

11-15-2010 Ohio:

DAYTON - On July 29, 1994, in a suburb of Trenton, N.J., a twice-convicted pedophile named Jesse Timmendequas lured a neighbor, 7-year-old Megan Nicole Kanka, into his home on the pretext of letting her see his new puppy. He raped her, killed her and dumped her body in a nearby park.

Public outrage about the murder led New Jersey to enact the first Megan's Law, requiring registration of sex offenders and public notification of their residences. Related federal, state and municipal laws and resolutions were quick to follow, restricting where registered sex offenders can live and establishing registration rules and classifications of offenders based on their threat of re-offending.

In southwestern Ohio's Warren County, a proposal considered by the Lebanon City Council would ban sex offenders from living within 1,000 feet not only of schools and day-care centers, but also of parks, playgrounds and libraries.

Similar restrictions have been enacted in Upper Arlington and other Ohio communities, including Deerfield Township in Warren County and Anderson and Sycamore townships near Cincinnati.

But even the National Center for Missing and Exploited Children cautions that Megan's Laws are no panacea. "Such laws are just a tool among a long list of tools," said President Ernie Allen. "Simply having a residency ordinance should not be viewed as, 'Hallelujah, we're safe.'"

Some research shows that registration and residency restrictions are having no demonstrable impact on public safety. Some say they might actually feed recidivism.

"Our experience suggests the get-tough-on-crime-and-criminals kind of ordinances do little but waste taxpayer money and give people a false sense of security," said James Hardiman, legal director for the American Civil Liberties Union of Ohio.

California enacted the first sex-offender registry law in the 1940s, but the idea didn't hit its stride until enactment of the 1994 federal Jacob Wetterling Act, which required states to create sex-offender registries. It was amended in 1996 with Megan's Law, which required that registry information be shared with the public.

Ohio's Megan's Law was implemented in 1997, creating a three-tier system for registration based on an offender's likelihood to commit new crimes, as determined by actuarial information about the offenders and their offenses. Last year, Ohio became the first state to comply with the federal Adam Walsh Act, which requires classification based on the crime an offender committed, rather than an actuarial risk assessment.

A study published in the January 2010 issue of the Sex Offender Law Report found that by classifying offenders by their crimes, the percentage of offenders in the high-risk category would jump from 55 to 87 percent. That adds to demands on law enforcement, researchers said, and could prompt more offenders not to register.

Registry laws assume that sex offenders are likely to commit new crimes and must be monitored even after they've served prison time and fulfilled parole requirements. Offenders who are released from prison must register their addresses for at least 10 years, and in many cases for the rest of their lives.

The Justice Department reported in 2003 that sex offenders released from prison were four times more likely than other ex-convicts to be rearrested for a sex crime within 10years, although sex offenders were less likely (43 percent) than other ex-convicts (68 percent) to be rearrested for any crime.

Sex offenders seem "hard-wired" to re-offend, said U.S. District Judge Walter Herbert Rice in Dayton. In the worst cases, "you're talking about people who are going to offend - I don't care if Batman and Robin are hovering over them," Rice said. "I don't think registration law changes behavior any more than the death penalty deters murderers. (But) they accomplish two things: They accomplish perhaps a false sense of security, and they provide law enforcement with a pretty good idea of who's in the community."

But Rice doesn't favor laws such as the one proposed for Lebanon. "I would say such a proposed ordinance, if not unconstitutional, would be almost impossible to enforce and at the same time provide these ex-offenders some place to live and work. I fully understand the public's need to be protected. (But) the law paints with too broad a brush sometimes."

Rice said low-level offenders who pose little threat are often lumped in with sexual predators.

Sex offenses have declined since Megan's Law, but so have all violent crimes - and the numbers were dropping long before Megan's Law.

Researchers in the New Jersey Department of Corrections who studied the original Megan's Law couldn't prove it was effective and said they were "hard-pressed to determine that the escalating costs are justifiable."

That hasn't stopped states and communities from enacting ever-tougher residency restrictions. Some experts are concerned that communities and states are making it nearly impossible for ex-offenders to rehabilitate themselves.

Upper Arlington adopted an ordinance in 2007 that bans sex offenders from living or working within 1,000 feet of schools, day-care centers, libraries and parks. A map shows that most of the city is off limits to offenders, and only three offenders live in the city.

Tom Hagel, a University of Dayton law professor, said it's "highly debatable" that registry laws protect children. They do, however, prevent ex-offenders from having the access to homes and jobs that help them be productive citizens.

"If they can't find a place to live, if they can't find a place to work, somebody's going to have to pay the price for their existence," he said. "You have cast them out of society, effectively." ..Source.. by Tom Beyerlein, DAYTON DAILY NEWS

Read More of Article...

Article Summary only...

How to co-mingle unrelated facts to support a premise.

11-17-2010 Florida:

The following story appeared on CBS News in Florida, you will note that the reporter consulted with the National Center for Missing and Exploited Children for facts; but do those facts support the premise, sex offenders target middle school children? First the relevant part of the story:

New Stranger Danger: Sex offenders target middle school-aged children

JUPITER, Fla.-- It's something many kids have to do, walk to and from school. But it's a passage of childhood filled with peril.

"It's very real, your child's life is in danger," says a man who just wants to be identified as Frank. He's a convicted sexual offender arrested and convicted for exposing himself to two middle-school aged girls in Boca Raton.

From experience, he knows children are in "More danger when they reach puberty, the predators know that."

"Most parents would assume that these sex offenders are actually going after younger kids, playground age if you will, but research just out shows they are actually targeting older kids.

The National Center for Missing and Exploited Children says a startling amount of attempted abductions, 43%, now involve kids between the ages of 10 and 14. 38% of attempted abductions take place to and from school. And about the same number of cases,37%, occur between the hours of 2pm and 7pm.

The results were released in August after the between 2005 and 2010.

Armed with this new research, CBS 12 wanted to know if older school children would fall for the same old tricks. .... .... ... ..Source.. JUAN CARLOS FANJUL / CBS12.com

Begin: Notice that a convicted sex offender reveals he did commit the crime he was convicted of. What does that have to do with attempted abductions of children on their way to and from school (The premise of the article). For all we know he did that in the confines of his home, why is this fact missing?

Next, the NCMEC study about "attempted abductions," yes, the study did result in some facts, but nothing which points to any sex offender or sex offense occurring; but, thats what they want the reader to believe.

Now, if we jump back into the NCMEC website, where their Press Release speaks about the "attempted abductions," here is what it says:

Parents also need to understand that most of those who abduct children are not “strangers”. The phrase “stranger danger” is pervasive in our culture. However, teaching children to only be afraid of strangers is the wrong message. Children don’t get it. Children view a “stranger” as someone who is “ugly” or “mean”. If someone spends time talking to a child or is even just around a child they think they “know” the person and don’t view them as a stranger. Research shows that of the 58,000 non-family abductions each year 63% involved a friend, long-term acquaintance, neighbor, caretaker, baby sitter or person of authority and only 37% involved a stranger. The number of pure strangers is not insignificant but it remains far smaller than other offenders who have easy and legitimate access to children.

OK, the study talks about actual abductions, not attempted, and still not one mention of a sex offender being involved in any of them. Taking their comment the title of the story should have been "The majority of child abductions are by friends or acquaintances of the child."

The remainder of the original story shows how they setup -with parental approval- scenarios of kids walking to school and a actor trying to pick them up. i.e., attempted abduction. Guess what, while one of the kids did talk to the actor for a second, all of them simply walked away to the safety of their homes. Even that did not support the premise of the article.

So, after everything they said, and tried, what did they prove? Zip, Zero, Zilch, Nada which leaves us wondering what was the point of the article?

All I can think of is, to put forth a premise that there is no support for. Ahhh, it does prove this, sex offenders are highly unlikely to be involved in such a crime.

Isn't it amazing how facts co-mingled creatively can permeate the public mind into thinking wrong doing on the part of sex offenders?

Read More of Article...

Article Summary only...

Stop the sex offender fear-mongering

11-16-2010 California:

The Jessica's Law residency restriction leaves some offenders homeless and does nothing to protect children. A Los Angeles judge was right to order its suspension.

Some critics of Los Angeles County Superior Court Judge Peter Espinoza's order temporarily staying enforcement of the sex offender residency restrictions of Jessica's Law, reported by The Times on Nov. 5, are exploiting the legitimate fears of decent people. These critics ignore the reality that these particular residency restrictions apply to all paroled sex registrants, most of whom have never harmed a child, and do not effectively protect our children. In fact, by creating a crisis of homelessness among sex registrants, broad residency restrictions actually endanger our community. Ordinarily, the recidivism rate among the vast preponderance of sex offenders is low. Why destabilize them and create a far greater risk of reoffending? Indeed, Espinoza's order came after the defenders of the residency restriction failed to offer any evidence or argument to the contrary.

To be clear, a separate residency law prohibits the small group of sex offenders who have actually victimized children and are designated as "high risk" from living near schools. Moreover, all parolees required to register as sex offenders continue to be monitored by GPS bracelets at all times; Espinoza's order did not revoke or change those restrictions. Those who claim that as the result of the court order child predators will now be living near schools are misleading the public.

The real effect of the order is that people like William Baker (name changed) will be permitted to have a roof over their heads. In the 1970s, Baker committed a sex offense against an adult and served an appropriate prison sentence. Baker is now completely blind and unable to care for himself. After the passage of Jessica's Law, Baker was not permitted to live in the room his sister provided both him and his wife; like nearly all residential units in Los Angeles, Baker's resident was within 2,000 feet of a school or park. Instead, Baker had to move every two hours all day to prove that he was not "residing" anywhere near a school or park. Baker would ride public transportation all night to get some sleep and remain compliant with the residency restriction.

Forcing individuals like Baker into homelessness not only does nothing to protect children, it also comes at a great financial cost to taxpayers. The best way to manage parolees is to have them in stable housing where they can be treated, managed and monitored. In the wake of Jessica's Law, the state has spent hundreds of thousands of dollars a month in Los Angeles County alone to subsidize expensive motel rooms and crowded rental units in the tiny slivers of compliant residential land. The vast majority of those who receive these subsidies could otherwise live with their own families at no cost to the taxpayer.

And this state money could easily run out, starting a public witch hunt in earnest. In fact, very recently a residential treatment center was firebombed and shot up because one or more assailants assumed that sex offenders resided there.

Let's focus on sound practices based on fact and law and move away from the political fear-mongering that is as counterproductive as the residency restriction itself. The alarmism could unleash uncontrollable vigilantism. This is a case highlighting the crucial importance of judicial independence. Espinoza's ruling was based on clearly established legal precedent; it was righteous, and he was courageous. ..Source.. Michael P. Judge is public defender of Los Angeles County.

Read More of Article...

Article Summary only...

NYU Graduate Film - Fish: A Boy in a Man's Prison

Mr. Parsell has a website should anyone wish to contact him


About this project:

I'm shooting a short film based on my book, Fish: A Memoir of a Boy in a Man's Prison. I am an NYU Graduate film student and I will be shooting this film on location at Jackson Prison. Filming will take place in the very cellblock I was housed in over thirty years ago. I'm taking 36 cast and crew members from NYC. Most of the crew are made up of fellow NYU graduate film students. This is a SAG film project and the cast are all working on deferred compensation. The largest expense is transporting, housing and feeding the cast and crew. Plus I have one day where I'll need 100 extras. Location fees, props, camera rental and costumes make up the majority of the budget.
For me, this is a very exciting project. To be able to go back to the very prison I was incarcerated in over thirty years and to shoot a film there is very empowering. It's a stand on the table, pound my chest, "I made fire" kind of moment. That prison did not destroy me. The sexual abuse I suffered there as a teenager, did not destroy me. I survived. I recovered. And now, for six days in early December, that prison is mine.

Much of the work I've been doing for the last decade has been raising awareness of the plight of teenagers housed in adult jails and prisons. This is a tremendous opportunity to tell that story to the world. To humanize the issue in a way that only film can do. It's easy to say that teens who mess up - who make mistakes - get what they deserve if they're sent to prison. But it's another thing, to see it dramatized and to identify with a human being that this is happening to. On any given day, in the United States, we house over 100,000 teenagers in adult jails and prisons. This film is about what happens to them. This film is about the painful compromises one has to make to survive in there. This is a story about liberation in the most unlikely place. What happened, what it was like, and how I survived it. I hope you'll help me tell this story.

Read More of Article...

Article Summary only...

Girl's suicide reveals a larger problem

Social or Societal Homicide, this is clearly the result of lawmakers laws, and the failure to make laws, because they are afraid of losing their jobs. We see this far too often in sex offense cases, nationally.

11-15-2010 Michigan:

The response has been overwhelming -- from parents, students, attorneys, and I fear, victims.

The case of a 14-year-old girl who had sex with an 18-year-old boy from her high school and later called it, alternately, rape or a wish to lose her virginity, has brought front and center the Michigan law that makes it illegal for teenagers to have sex.

That is the law. Repeat: It is illegal for young teenagers to have sex.

Problem is, parents don't teach it. And sometimes, prosecutors don't buy it. And since our entire social culture right now treats sex like grabbing an ice cream cone, we have lost sight of what this is doing to our children.

In a column last week, I called prosecutors cowards for dropping charges against the 18-year-old for having sex with the 14-year-old. The girl killed herself a day before the 18-year-old's court hearing.

After the sex, after going to prosecutors and saying she'd agreed to it, after going on television and saying it was rape -- and after being bullied senselessly (notice how that sounds like "beaten senselessly"?) by her so-called peers at school, she hung herself.

Her brother found her. Her family mourns her. And still, we aren't dealing with the law.

What's definitely true here

Prosecutors are right. They weren't sure what happened, and the 18-year-old no longer could face his accuser. So, no case.

But they are wrong in their lack of zealotry.

Three things are true: Lesser cases have been prosecuted; better investigations have been done, and sometimes, laws change after righteous prosecutors argue that current law no longer is enough.

First, I can find you plenty of guys who have gone to jail on less evidence, although my plea was NOT for jail time in this case, but for a proper hearing and respect for the law. The only way to get teens -- and their parents -- to follow it is to show that the law is real.

Second, investigating the case might have turned up more evidence, more witnesses, more cases.

And third, it is time for bullying to stop in this country. Seriously. How many children have to kill themselves before we stop citing old law and create new?

Fight social homicide

In some of the dozens of letters I got calling for action, parents cited the worst part of this case and what is irreversible: that a child was driven to kill herself. One woman called it social homicide.

This 14-year-old girl was a victim of social homicide.

I challenge not just Wayne County prosecutors, but prosecutors and judges nationwide, to consider fighting for a law against social homicide. Yes, I said it. If we are going to let the Social Network decide how we live, what is news, what is culture, what is right, then let those who die by it get some justice.

If a person is bullied to death, charge the assaulters with a crime. If that is the only way to stop the cruel and inhumane way that some children are being treated, then let's do it.

If we actually take seriously the laws that we have, then perhaps we could curtail teen behavior that some parents are not regulating at all.

Someone should hold accountable those who push someone to die. Those perpetrators who insult and assault and make miserable others who are vulnerable, defenseless and sometimes already sad, may as well have pushed their victims in front of a train.

The damage, sometimes, is no less. ..Source.. ROCHELLE RILEY, DETROIT FREE PRESS COLUMNIST

Read More of Article...

Article Summary only...

Teen sex and adult insanity

11-14-2010 Michigan:

Girl was lightning rod for peers' fear

Incredibly, detractors continue to heap online invective on a 14-year-old Huron High School freshman who hanged herself last week after a local TV broadcast publicizing her sexual assault complaint against a fellow Huron High student triggered a vicious pushback by the defendant's supporters.

Samantha Kelly's grieving mother, June Justice, says her daughter's Nov. 8 suicide was precipitated by peers enraged at Sam's decision to press charges against 18-year-old Joseph Tarnopolski. Justice's description of the abuse her daughter endured in her final weeks is stomach-turning, and I'm horrified that it has continued in the wake of Samantha's death.

There's no excuse for such posthumous defamation. But after watching the legislators, courts and prosecutors grapple clumsily with the conundrum of teenage sex for more than a decade, I think I understand the fear and rage behind the backlash.

A history of ambivalence

Managing teen sexuality has never been easy -- not for policymakers or parents, and certainly not for teenagers themselves.

Romanticized in fiction and film, celebrated in music videos, exploited by advertisers, and forbidden by religious and temporal authorities, it persists as a fact no parent can afford to ignore. The hazards of sex with (or between) underage peers -- from emotional devastation and social ostracism to unwanted pregnancy and physical reprisals by enraged parents or siblings -- have always been formidable for teens of either gender.

But within the last decade or so, the stakes for Michigan teenagers unlucky enough to face criminal prosecution for sexual liaisons with willing but underage partners have grown insanely high.

The reaction 18-year-old Joseph Tarnopolski tweeted upon learning that he would likely face felony prosecution for an awkward but seemingly consensual sexual encounter with Sam Kelly two days earlier -- All girls are, are liars and backstabbers! he railed in a Sept. 28 post to his then-handful of Twitter followers. Way to ruin my life -- was callous and devoid of remorse for his own bad judgment.

But it was an accurate forecast of the life-altering consequences certain to arise from any conviction for uncoerced sex with an underage partner.

Once prosecutors had established Samantha's age and the fact of their sexual encounter -- an encounter Joseph had already admitted in a handwritten statement to police that matched Samantha's own handwritten account in virtually every detail -- he faced an indeterminate prison term and 25 years on Michigan's public Sex Offender Registry, where colleges, would-be employers, prospective landlords and new acquaintances would find his name and photograph listed among rapists and child predators until he was in his 40s. That was disproportionate on its face -- harsher and more enduring than the penalty Joseph would face for assaulting a stranger with a tire iron.

All or nothing

This is the all-or-nothing lunacy of Michigan's posture toward teenage sex partners -- a legal scheme in which any teen who has yet to reach her 16th birthday is considered a hapless victim devoid of responsibility (unless, of course, her partner is a similarly underage male, in which case both parties are criminally liable).

Anyone who has been around teenagers readily understands how arbitrary this boundary between perpetrator and victim is. Some 14-year-old girls are sexually savvy; others are shockingly naïve. Some 18-year-old boys are predatory; and some lack the maturity, or at least the superficial sophistication, of the younger women competing for their attention.

Most teens, like Samantha Kelly and Joe Tarnopolski, fall somewhere on the continuum between these extremes -- neither wholly innocent nor terribly corrupt, vacillating at any given moment between curiosity and anxiety, caution and recklessness.

But Michigan law admits no such distinctions, and allows no reasoned allocation of culpability for a shared moment of sexual impulsivity. In the eyes of police and prosecutors, the partner 15 or younger is 100% victim, the partner 16 or older 100% felon.

A sense of vulnerability

It is hardly surprising that upperclassmen who had attended school with Tarnopolski for four years reacted skeptically, even defensively, to his two-dimensional depiction as a predatory lothario. Some likely recalled illicit liaisons of their own and over-identified powerfully with their classmate's sudden vulnerability.

Police and prosecutors may have designated Samantha the victim, but in the realpolitik of Huron High, the practical judgment of her peers trumped that arbitrary legal distinction. Whatever Joseph's obligations under Michigan statute, many Huron High students regarded Samantha's decision to report her sexual encounter to police as an egregious, even dangerous, betrayal of trust.

Poor Samantha: If only she had known how little their derision had to do with her . If only she had understood that the real cause of their anger and fear was the irrationality of adult law.

They weren't mad at of you, Samantha; they were mad at us grown-ups, and scared of adult confusion about teenage sex.

They were wrong to take their anger out on you. But they were right to be scared of what grown-ups can do. ..Source.. Brian Dickerson

Read More of Article...

Article Summary only...

Attorney general, law makers announce proposed Sexting Prevention Legislation

11-14-2010 Texas:

Sexting - the practice of sharing sexually explicit photographs and related content via cell phones - has become a new phenomenon especially among teenagers locally and around the nation, one that can lead to long-term consequences.

“Sexting message senders have no control of their message’s ultimate distribution. Embarrassing or sexually explicit messages can be forwarded to other students and later spread quickly through a school or across the country. In some cases, sexting images can even get posted on public websites or fall into law enforcement authorities’ jurisdiction,” officials of the Texas Attorney General’s Office said in a November 8 press release. “Under current Texas law, anyone who transmits an explicit image of a teen can face felony charges of possessing or trafficking child pornography. As a result, children who send images of themselves and their friends face serious criminal repercussions.”

Sen. Kirk Watson and Texas Attorney General Greg Abbot are proposing a new statute that would offer young offenders a bit of leniency for a spontaneous crime often committed out of ignorance of the law. Watson and Abbot are proposing legal provisions for these youthful offenses minors are punished for improper behavior but do not face life-altering charges. Under their proposal, teen sexting would become a misdemeanor offense punishable by probation and restricted cell phone usage. Judges would also be authorized to sentence minors to participate in an education program about sexting’s long-term harmful consequences.

“The proposed statute readily addresses the reality that technology and current laws have not kept up with the times, especially when it comes to teens, sexting and cyberspace. The reality is, sometimes teens aren’t the smartest when it comes to cyberspace,” said city of Houston victim advocate and websafety.com independent consultant Andy Kahan, who earlier this year gave a presentation on sexting at Kingwood Park High School. “Certainly, dealing with the sexting issues really doesn’t warrant being labeled as a sex offender for the rest of your life. We’re of the opinion that this will give prosecutors more tools and discretion to address this issue.”

A.G. officials cited a 2010 study by the Cyperbullying Research Center indicating that of 4,400 individuals between the ages of 11 and 18 surveyed, fiver percent of boys and three percent of girls admitted to uploading or sharing humiliating pictures of their romantic partners online or via cell phone. Study results also showed that six percent of both boys and girls said their romantic partners posted something publicly online to make fun of, threaten or embarrass them.

With the increasing availability of cell phones to teenagers and young children, sexting has become more prevalent in recent years. A 2008 report from the National Campaign to Prevent Teen and Unplanned Pregnancy indicates, officials noted, that 22 percent of teen girls said they have electronically sent or posted online nude or semi-nude images of themselves.

“The legislation that we are working on recognizes that sexting is wrong and illegal,” Watson said in a news release. “This proposed new law would provide education for our children regarding the harm sexting causes, and it will give prosecutors an appropriate tool to stop this problem.” ..Source.. STEFANIE THOMAS

Read More of Article...

Article Summary only...

Huron Township cops probe second sex complaint after teen's suicide

11-13-2010 Michigan:

Huron Township— A new sexual assault complaint is surfacing against 18-year-old Joseph Tarnopolski, who escaped prosecution for an encounter with a 14-year-old girl who later committed suicide.

Police are investigating a second "similar" complaint against the Huron High School senior, who saw felony charges against him for allegedly having sex with Samantha Kelly dismissed Wednesday after she hanged herself.


"We are doing our interviews. It is under investigation and will probably be presented to the prosecutor next week," said Huron Township Police Lt. Scott Carey. "It is a criminal sexual conduct report. It is of similar circumstances."

Meanwhile, fallout from the suicide of 14-year-old Samantha Kelly took new, sometimes vicious, twists Thursday, with hateful messages posted on social media sites meant to support her.

The new complaint against Tarnopolski was made Oct. 22. A day earlier, Huron High School students started taunting Kelly, a freshman, because she and her mother had given an interview that aired Oct. 20 on WJBK-TV (Channel 2). In the interview, the girl's story about having consensual sex was changed to accusing Tarnopolski of rape, school officials and police said.

Tarnopolski told television reporters that he had heard rumors of a possible second case but didn't know anything about it. His lawyer didn't return calls. ..Source.. by George Hunter and Doug Guthrie / The Detroit News

eAdvocate Note: You can read the whole story above, but what is important is the very last sentence, it reads:

"An outpouring of grief and Facebook pages supporting Samantha popped up on the social network.

Then the Internet trolls started posting.

Facebook moderators have deleted a number of hateful messages and pictures of naked children posted to a page entitled, "R.I.P., Samantha Kelly. You will be missed. We love you."

Other posts threatened Tarnopolski and his family. "

I would hope the police are following up on the Child Porn posted as well as the Threats! Has Facebook even reported it?

Read More of Article...

Article Summary only...

Sex Offender Task Force Issues Nine Recommendations

11-13-2010 California:

Group Said Recommendations Most Effective When Implemented Together

SACRAMENTO – A multi-agency task force, created to assist the California Department of Corrections and Rehabilitation (CDCR) in developing a comprehensive approach to sex offender supervision, released its report today that included nine interrelated recommendations to improve the department’s supervision of sex offender parolees.

“I directed the task force to review and evaluate all relevant policies and procedures, reports and recommendations from the California Sex Offender Management Board (CASOMB) and the Office of the Inspector General, to ensure CDCR is using best practices in supervising its sex offenders in order to improve public safety and reduce future victimization,” said CDCR Secretary Matthew Cate.

“This Task Force took a comprehensive approach to sex offender management and the effective use of Global Positioning System (GPS) technology,” said CDCR Division of Adult Parole Operations Director Robert Ambroselli. “We’ve created a team to review the recommendations.”

The Sex Offender Supervision and GPS Monitoring Task Force was a multi-disciplinary collaboration composed of CDCR staff including representatives from adult and juvenile parole and the Board of Parole Hearings; law enforcement representatives; victim advocates; the Office of the Inspector General; the National Institute of Justice; treatment providers; probation representatives; and industry experts.

The Task Force said its nine interrelated recommendations should be viewed as a package because they would be most effective if implemented together.

The Task Force recommends that CDCR:

Read More of Article...

Article Summary only...

Community angered after sex offender receives award

11-13-2010 Michigan:

ALBION, Mich. (NEWSCHANNEL 3) – The Albion Chamber of Commerce has aroused some anger in the community by giving an award to a sex offender.

His name is Ken Fourn and his neighbors found him on the sex offender registry. He spent time in jail after being convicted of second degree criminal sexual conduct.

Despite that, the Albion Chamber of Commerce honored him with the Good Neighbor award for his good deeds in the community.

Now people in that community are hot and taking shots at Fourn on Facebook.

Hundreds of angry Facebook posting have erupted after Fourn was awarded the Good Neighbor certificate.

Newschannel 3 spoke with Fourn on Friday about the controversy he's suddenly found himself in.

“If I had any inkling that it would disturb people that I received an award for helping out with the community band I never would have accepted it,” said Fourn.

The Albion Chamber of Commerce says Ken Fourn received the Good Neighbor award because “Ken and his wife Jan are responsible for more than 30 years of continued success with the Albion Community Band.”

However, people in Albion are furious because Fourn is a convicted sex offender. He was convicted in 1999 of second degree criminal sexual conduct with a child.

Fourn says the starting point for his award and his CSC charge are the same thing, music.

“I taught at the Spring Arbor College, had some students there,” said Fourn. “I taught the Jackson Symphony School of Music.”

Fourn says he also gave private lessons.

“One of my students took offense to a maneuver that I use to teach breathing,” said Fourn.

Fourn says that student was a ten-year-old girl.

“In hindsight the young lady probably was offended by the way I touched her,” said Fourn. “I had no idea that it would cause such a firestorm.”

Fourn was arrested and charged with CSC, he says his attorney advised him to plead no contest to the charges and he served two months in jail.

The Albion Chamber of Commerce says they will not take back Fourn's award, but in the future will do more research before handing out awards. ..Source.. WWMT.com

Read More of Article...

Article Summary only...