May 31, 2011

Enemy at gate? Not in this case

Off Topic? Maybe...
5-31-2011 Texas:

In a one-sided standoff, a fugitive has holed up on his land for 11 years — but lawmen don't seem to care

TRINIDAD — On the other side of the barbed-wire fence, John Joe Gray, a "free-standing man" and fugitive from the law, is locked and loaded for the coming apocalypse or authorities - whichever shows up first.

"It's coming," he says. "It's time this country knows God is coming."

A rifle is slung across his back and a gun belt around his waist holds a revolver and extra cartridges. A knife is strapped to the other side of his lean torso. A battered felt hat frames a deeply lined face and bushy beard.

Dangling from a nearby tree, a hangman's noose strangles a weathered sign that sums up his stance: "Solution to tyranny."

Warily covering Gray's flanks are two of his six children, sons Jonathan, 39, and Timothy, 33. The dark-bearded, fit and tanned brothers are as well-armed as their 62-year-old father.

Ten feet behind her brothers and father, long-haired Ruth Gray, 31, stands solemn and silent. She, too, is armed to the teeth.

Next to her is teenager Jessica Gray, "who is old enough," according to her father, Jonathan. She has on a cowboy hat that the wind keeps blowing off, a long denim skirt, a sequined denim vest and cowboy boots. She's packing a pistol and binoculars.
Law is ignoring him

This is one stubborn side of what has been called America's longest-running standoff with law enforcement.

But it's been a single-sided siege. Henderson County authorities have pointedly ignored the would-be war.

For more than 11 years, John Joe Gray and his country clan have been holed up inside their own private prison, a 47-acre strip of Trinity River bottomland about 100 miles southeast of Fort Worth in Henderson County.

They've scraped out a harsh life here ever since Gray was bailed out of jail in January 2000 after he was charged with assaulting a state trooper on Christmas Eve 1999.

During a traffic stop, Gray and the driver of the car told two Department of Public Safety troopers that they were armed. When ordered to get out, the driver did but Gray wouldn't budge.

One trooper pushed Gray out, and he then lunged for the other officer's sidearm. Gray bit the trooper as they struggled for control of the weapon, according to investigators.

An Anderson County grand jury indicted him on two felony counts - assaulting a public servant and taking a peace officer's weapon.

"We're here because two highway patrolmen lied about what happened," Gray said last week. "Land of the free and home of the brave? That's a bunch of bull."

He has refused to be taken alive and in a long-ago letter to authorities, the family warned officials to "bring extra body bags," if they come for him. Authorities kept tabs on the compound for months but haven't maintained an active presence for years.

"We fear no man," John Joe Gray maintains. "We believe in an eye for an eye and a bullet for a bullet."

But nobody's storming the gate.

Henderson County Sheriff Ray Nutt, who is the fourth lawman in the post since 2000, says, like his predecessors, that he's not willing to risk a gunbattle just to arrest Gray.

"John Joe Gray is not worth it. Ten of him is not worth going up there and getting one of my young deputies killed," he said.
Living off the land

The hardscrabble compound has no phone, no refrigeration, no power.

Contact with the outside world is through a handful of "supporters" and via shortwave radio, John Joe Gray said.

Drinking water comes from springs, and Gray and his sons say they subsist by growing beans, potatoes, corn, squash, tomatoes and peppers on fields they plow with donkeys. They can vegetables and dry meat to get through the year, they said.

They also raise goats and chickens and catch catfish, carp and drum from the Trinity and hunt deer on the wooded property. Friends bring them staples they can't produce themselves. Last year, they harvested their first crop of peaches.

One supporter, who frequently visits the farm, said eight children are inside the compound. The kids are armed at an early age, she said. They are equally adept at reciting the Constitution or Scripture.

"It's sort of Wild West. It's what a traditional American family looked like 100 years ago," said Dolores McCarter of Arlington, who says she once worked for Homeland Security and now operates a small nonprofit called Dee's House that helps battered women and children.

"John is standing as a free man. He loves his family. They are prepared to live out their lives there," McCarter said. "Some people pity them and they ... pity us." ..Source.. by STEVE CAMPBELL, FORT WORTH STAR-TELEGRAM

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Match.com Sex Assault Suit Sent To State Court

5-31-2011 California:

(CN) - A Hollywood executive must return to state court with a lawsuit that says she was raped by a known sex offender she met on the Match.com online dating service, a federal judge ruled.

Though the anonymous woman sued Match in Los Angeles County Court last month, the website removed the case to the Central District of California on May 3.

The original complaint states that she was forcibly raped by Alan Wurtzel, who she said belonged to Match though he was a predator with six separate convictions for sexual battery in Los Angeles County alone.

Wurtzel reportedly pleaded not guilty to the rape.

After the case was removed to federal court, the woman immediately filed for a temporary restraining order that would force Match to adopt screening measures to weed out sex offenders from its ranks. U.S. District Judge Stephen Wilson refused by the end of the week, and the woman countered next with a motion for a preliminary injunction and to call witnesses.

Court records show that she subpoenaed Wurtzel on May 18. That same day, Wilson rejected the motion to call witnesses in a terse-one page order that says there are "serious questions as to plaintiff's standing, irreparable harm, and whether plaintiff has a claim as a matter of law."

"Until these issues are resolved, no live witness testimony is required," Wilson added.

Wednesday, Wilson filed a new order remanding the case back to Superior Court.

"Plaintiff has presented no evidence that she plans to use Defendant's services to meet other users," Wilson wrote. "In fact, Plaintiff has stated that she only re-subscribed because 'it came to my attention that I needed to be a member of Match to file a class action suit in Federal Court...' Plaintiff's counsel also represents that Plaintiff has not answered any e-mails inquiring of her availability for dates since the alleged assault."

"Even if Plaintiff's own admissions suggesting that she plans to avoid Defendant's services are ignored, Plaintiff has not shown that she has a greater likelihood of injury than any of Defendant's other one million subscribers and millions of members nationwide," Wilson wrote. "Plaintiff's claim relies upon a chain of speculative contingencies - she must first utilize Defendant's services, choose to communicate with another known sex offender out of the millions of available users, go on a date with the user, and be sexually assaulted. Courts have found that a litigant does not have standing to seek injunctive relief on behalf of an unnamed class when the litigant's claim depends on such a chain of speculative contingencies

Match's lawyers have argued that the online dating service is trying to be vigilant, but implementing a 100 percent foolproof screening system is a practical impossibility.

Because Match.com does not request Social Security numbers from its users, there is no way to ensure their honesty, the site claims.

Mark Webb, who represents the alleged rape victim, responded in court papers by saying that "simply because no screening system is 100 percent fail safe, there is no excuse to not employ a method that is reasonably safe and economical." ..Source.. by DAN MCCUE

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May 30, 2011

May 28, 2011

Is Illinois reaching the tipping point on its sex-offender registration rules?

Lawmakers are recognizing how difficult the laws are getting, but still vote for them to cover their butts w/ constituents.
5-28-2011 Illinois:

SPRINGFIELD, Ill. • The Illinois House just now passed a measure that expands the reach of the state's sex-offender registration list, adding conspiracy, ``luring,'' unauthorized videotaping and other offenses, and forcing people who are on the list to stay there for longer.

There's nothing unusual about that in Springfield, where filing bills to toughen the list is practically an annual requirement for any lawmaker who wants to look tough on crime. What was different this time were some of the voices that rose against it—and the 91-21 vote on a topic that usually gets near-unanimous support.

The sex-offender registration list is an on-line portal where convicted sex offenders have to register so the public knows where they are once they're out of prison. In addition to providing that information, sex offenders are subject to numerous rules regarding where they can live, work and even stand.

The bill that passed this morning (SB1040) would expand the range of crimes that will land a person on the list, to include a series of attempted crimes and conspiracy. And it would expand the minimum time on the list for misdemeanor offenders from 10 to 15 years.

The usual response to these types of bills in Springfield is one tough-talking floor speech in favor after another. And there was certainly some of that. "If it was your son or your daughter walking to school, you'd want to know who was trying to lure them," said Dennis Reboletti, R-Addison.

But with increasing concern lately that the requirements are going from tough to impossible, some lawmakers piped up in ways that would have been unthinkable just a few years ago.

"We're making it impossible for them to live anywhere, we're making it impossible for them to work anywhere, we're making it impossible for them to go anywhere," said Rep. Elaine Nekritz, D-Des Plaines. "We need to take a step back."

Nekritz is a liberal Democrat, but concern about this latest expansion wasn't limited to that wing.

"You're making this more and more onerous for people to comply" with the registration list, warned Rep. Bob Pritchard, R-Sycamore, a conservative stalwart.

Another, Rep. Rosemary Mulligan, R-Park Ridge, acknowledged that "most of us will vote for it because it looks bad if you don't," but she expressed concern about the annual proliferation of "layers" of new laws regarding the list.

Pritchard and Mulligan both ended up voting "yes," and the bill is now on its way back to the Senate for a concurrence vote. It will almost certainly pass, but the issue is clearly becoming less cut-and-dried than it used to be.
..Source.. by KEVIN McDERMOTT

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Diversion rather than prison granted after Heath woman has sex with teen boy

Just wondering if this Prosecutor would consider "Diversion Programs" for all the men sent to prison for similar or lesser offenses?
5-28-2011 Ohio:

NEWARK — A Heath woman who had sex with a 15-year-old boy and his relative who encouraged the relationship have a chance to avoid prison.

William B. Green, 38, and his neighbor Amy R. Harble, 26, pleaded guilty to unlawful sexual conduct with a minor and were placed into a diversion program run through the prosecutor’s office.

If Green and Harble successfully complete the program, they would not be convicted, face prison time or have to register as Tier II sex offenders.

But Licking County Common Pleas Court Judge Thomas Marcelain said their actions were a stretch for the program that was established for individuals in serious relationships made illegal by their age difference.

Although the two weren’t typical candidates for diversion, the program was an appropriate choice, Licking County Prosecutor Ken Oswalt said.

“There will be some odd cases,” Oswalt said.

Green, last known address 1100 Thornwood Drive, Lot 804, was interested in Harble, but when she refused his advances, he repeatedly asked if she would have sex with his young relative, said Harble’s attorney, Rob Calesaric.

On Oct. 17, Harble needed a ride and Green offered one. Green told the 15-year-old boy Harble would be a good sexual partner, Licking County Assistant Prosecutor Brian Waltz said.

Harble and the 15-year-old boy had sex in the back of Green’s extended cab truck while Green drove around Licking County, Assistant Prosecutor Tracy Van Winkle said.

“I think what he (the boy) was looking for here was to please (Green),” Van Winkle said.

Green also helped the teenager sneak out while a relative was sleeping so the boy could have sex with Harble at her home, 1100 Thornwood Drive, Lot 921, between Oct. 17 and Nov. 30, Waltz said.

Green warned the boy not to tell anyone because they could get in trouble, Waltz said.

A relative contacted Heath police after noticing something wrong with the teenager. When interviewed, the boy told police about the sexual conduct, Van Winkle said.

Green gave no explanation for this actions. Harble, who is treated for bipolar and borderline schizophrenia, was in a “weak mental state” during her interactions with the teenager, Calesaric said.

“I think she can avoid being put in this position again,” Calesaric said.

Licking County Common Pleas Court Judge David Branstool accepted Green into diversion Tuesday, at the recommendation of the prosecutor’s office, defense attorney Andrew Sanderson and the teenage victim.

“This is what (the victim) wants to see,” Waltz said.

Green’s guilty plea will be suspended for three years as he completes the diversion program. If he violates the terms of diversion, he could face six years in prison, Branstool said.

“You got a lot of time on the shelf here,” Branstool warned.

Harble appeared in front of Marcelain on Wednesday. She shouldn’t be more culpable for the incidents than Green who instigated the relationship and drove them around, Marcelain said.

“On that basis alone, I will hold your guilty plea in abeyance for three years,” Marcelain said. She faces two years in prison if she violates diversion.

The judge questioned whether the prosecutor’s office would offer a male offender diversion.

“I don’t think you would,” Marcelain said.

Van Winkle said the situation, not the defendants’ genders, warranted diversion. A trial would have been “extremely traumatic” for the boy, she added.

“It’s a bizarre case,” Calesaric said. ..Source.. by Jessie Balmert

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Arkansas’s New Online Sex Offender Registration System Improves Process

Having the system generate the forms used does solve one major issue, local jurisdictions using OLD forms which often fail to notify registrant of NEW changes.
5-28-2011 Arkansas:

Latest technology protects citizens and saves state money

LITTLE ROCK, Ark.--(BUSINESS WIRE)--The Arkansas Crime Information Center (ACIC) launched the new online Centralized Electronic Network of Sex Offender Registries (CENSOR) system today that allows local law enforcement officers and the Department of Corrections to electronically register sex offenders. Officers can also conduct the sex offender’s scheduled verifications or change information through the new online system. The new CENSOR system was developed with a federal grant that also equips local law enforcement agencies with an electronic signature pad and web camera.

The CENSOR system generates the registration forms automatically from the information entered by the registering official so there are no paper forms to fax or mail to ACIC. This drastically cuts down on the time it takes to register a sex offender and reduces the amount of paper that is handled by law enforcement officers and the ACIC staff. Since the sex offender registrations can now be submitted electronically to the ACIC system, the assessment process can start immediately.

“This new system gives us a sex-offender registration process that is faster and safer, and saves our taxpayers money," Governor Mike Beebe said. “Along with notifying the public sooner, the system also increases accountability for offenders, giving law-enforcement agencies more confidence in tracking those who are living in their communities.”

“ACIC is extremely pleased and excited to roll out the new CENSOR system that will help us manage over 8,200 active sex offenders registered in Arkansas. This system will save the state approximately $55,000 by eliminating the notices sent to offenders via certified mail every six months,” said Brad Cazort of the Arkansas Crime Information Center.

The CENSOR system provides up-to-date information about the offender and is quick and easy to use. Law enforcement officers simply enter the offender’s demographic information to start the registration process. Once all of the offender’s information is entered into CENSOR, the officer is prompted to capture the offender’s photo via a web camera. For each subsequent visit, a current photo is displayed to the officer and a new photo is captured. These photos are also posted to the ACIC Sex Offender Registry for public viewing so there is always a current photo on file.

“ACIC has been able to achieve this remarkable advancement in the management of our state’s sex offender registry due in large part to our partnership with the Information Network of Arkansas (INA) and their understanding that one of our primary objectives and goals is to provide technology and tools to make the jobs of law enforcement easier,” said Danny Ormand, ACIC Director.

In order to hold sex offenders more accountable, the CENSOR system automatically prepares the official documents for the officer and the offender to sign electronically via a signature pad. Offenders are provided with the signed documents with the date they are required to report back to the law enforcement office for their next verification visit.

About Arkansas.gov

Arkansas.gov is the official website of the state of Arkansas (http://www.arkansas.gov) and a service of the Information Network of Arkansas. The Information Network of Arkansas is a collaborative effort between the state of Arkansas and Arkansas Information Consortium that helps state government entities Web-enable their information services. Arkansas Information Consortium is a Little Rock-based subsidiary of the eGovernment firm NIC (NASDAQ: EGOV).

About NIC

NIC is the nation’s leading provider of official government websites, online services, and secure payment processing solutions. The company’s innovative eGovernment services help reduce costs and increase efficiencies for government agencies, citizens, and businesses across the country. NIC provides eGovernment solutions for more than 3,000 federal, state, and local across the United States. Additional information is available at http://www.egov.com. ..Source..

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May 27, 2011

Auditor: Sex offender board didn't set up program

5-27-2011 Illinois:

SPRINGFIELD, Ill. (AP) — An Illinois board that was required by law to set up a program for monitoring sex offenders through evaluation, treatment and counseling has not done so after seven years, a report said Thursday.

Auditor General William Holland reported that the Sex Offender Management Board should have rules for tracking more than 10,000 registered sex offenders. They were first required in 2004 but there's no system yet and no timeline for establishing them.

The board's chairwoman says the board has been unable to do it because it has no authority over the Corrections Department or local probation systems which do the monitoring.

"That mandate has been an issue the board has struggled with since its inception because it lacks the tools you would need to have in order to meet that," Cara Smith said.

The Sex Offender Management Board was created in 1997 and has developed guidelines for treating and evaluating sex offenders and approves vendors that provide treatment and evaluation.

The audit results of the tracking and monitoring are supposed to be used by the board to determine the effectiveness of programs set up to treat those accused of sex crimes.

There are 10,039 sex offenders subject to such monitoring out of just under 25,000 registered sex offenders statewide, according to the Illinois State Police.

The board responded that it hasn't had staff members or money enough to develop the program.

The audit covered a two-year period ending June 30, 2010. Holland's last audit mentioned the lack of a program, too.

"All the law we passed about sex offenders don't mean anything," Rep. Jack Franks, D-Marengo, said Thursday on the House floor, demanding hearings into the matter.

Smith said the board is funded by a portion of the fee sex offenders pay to register. It receives administrative support from the attorney general's office and spent just $21,000 last year.

The board must work with lawmakers to try to redefine what its responsibilities should be in the area of monitoring progress, Smith said. ..Source.. by JOHN O'CONNOR

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Rape raises questions of safety in state's sex-offender program

5-27-2011 Minnesota:

In a case that raises questions about patient safety in the Minnesota Sex Offender Program, a resident raped at the Moose Lake treatment center alleges that staff failed to shield him from his violent roommate despite warnings that he felt endangered.

Philip Goldhammer, 35, sued the state last month in federal court, alleging his civil rights were not protected.

State officials admit the 2009 assault took place but argue that employees named in the suit were not responsible, according to court documents filed earlier this month.

However, a source with direct knowledge of the incident said in an interview this week that Moose Lake staff ignored requests by Goldhammer to be transferred to another room after his roommate, William Cardwell, threatened him several times before the attack.

It took more than a year and a half after the incident before the state Department of Human Services issued a "client incompatibility'' policy designed to protect patients from such attacks, according to a review of agency documents.

On Thursday, Human Services officials said they would not answer questions about security procedures at the time of the attack or delays in developing the incompatibility policy or say how many sexual assault investigations have been conducted at the facility.

The sex offender treatment program, whose population has nearly quadrupled in the past decade, was also faulted in March by Legislative Auditor James Nobles for providing inadequate therapy to patients and insufficient training to staff.

"Nobody took this kid [Goldhammer] seriously,'' the source said, "and we're going to pay because of it." The source spoke on condition of anonymity because the case is expected to go to mediation in coming weeks.

The source said that, in retrospect, one of the obvious failures by staff was allowing the physically intimidating, 266-pound Cardwell to room with Goldhammer, who weighs just over 140 pounds.

After the incident, Cardwell tried to commit suicide by hanging himself with an electrical cord, according documents, but the cord broke.

Criminal histories

Cardwell, 45, was charged with rape and first-degree assault and later convicted of assault with great bodily harm. He was sentenced to more than nine years in prison; last month he was sent to the state's maximum security facility in Oak Park Heights.

Before being committed to Moose Lake in 1999, Cardwell had two first-degree criminal sex convictions, in 1986 and 1989, according to records from the Department of Corrections.

Goldhammer has a history of criminal sexual assault and obscenity convictions and was committed to the sex offender program in 2007, records show.

The source said that in the days and weeks before the assault, both men had sought room transfers. Goldhammer brought up the endangerment issue during group sessions with counselors, who took no action, the source said.

Cardwell later told authorities that he tried several times, without success, to change rooms because he harbored sexual fantasies about Goldhammer, and that the slightly built man reminded him of his victims.

Another patient later told authorities he heard Goldhammer yelling during the incident, according to documents, and looked inside the room but could do nothing to stop the assault. He soon returned and managed to get the room door opened by hitting an intercom button.

After the attack, authorities found Cardwell wrote several notes describing his sexual attraction to Goldhammer, describing fantasies he wanted to carry out and making reference to suicide. ..Source.. by PAUL McENROE , Star Tribune

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GPS Privatization Planned To Free Parole Officers For Field Work

5-27-2011 California:

In California, convicted sex offenders and some gang members are fitted with GPS tracking devices when they get out of prison on parole. But that's a lot of little blips on a screen for parole agents to keep track of- too many, argues the state.

So they're asking for a private company to take-over some of the work.

In yearly operations, California Department of Corrections officers have made dozens of arrests at the State Fair. That’s some place with lots of kids, and lots of trouble for some convicts to get into.

So how did they know the parolees were there? GPS monitoring devices, strapped to he convict's ankles.

"When you have 24-7 screening of alerts… a parole agent can't stay up 24 hours a day, 7 days a week. A monitoring center can," said Terry Thornton, a spokeswoman for the Department of Corrections.

She says the Department is getting help, hiring the companies that provide the GPS technology to also screen the alerts. They will send only the high priority problems to parole officers.

"Some of these alerts can be triggered when the battery starts to get low or the GPS tracking device goes out of range... much like a cell phone, when you lose a signal," Thornton explained.

In fact, a recent Associated Press report shows that parole agents spend 44% of their time reviewing those GPS alerts. That compares to only 12% of their time out in the field.

Outsourcing that work will start with a pilot program this summer and if it's successful, the program will be expanded. Thornton says it will be something new for the GPS companies too- who've never played a roll in evaluating the seriousness of alerts.

There will be a new Department of Corrections unit created also- to oversee the private companies doing that sorting.

The pilot program itself won't cost anything, according to Thornton. But whether the State adopts this system permanently depends in part on how expensive it would be. ..Source.. by KTXL-TV

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May 26, 2011

Va could privatize sex offender program

5-26-2011 Virginia:

RICHMOND, Va. (AP) - Virginia officials are considering privatizing a costly and rapidly expanding program that indefinitely detains sex offenders who've already served their prison sentences.

In the meantime, some residents at the Burkeville psychiatric facility where they are held are threatening to sue if the state goes through with plans to double-bunk them. A $62 million, 300-bed facility that opened three years ago to house people deemed sexually violent predators is expected to be full as early as July.

Florida-based GEO Care has offered to run Virginia's program. The company promises to double the number of beds at the center without using any extra state funds, among other things.

The state is giving companies until June 2 to submit competing proposals. ..Source.. by Dena Potter

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Sex Offenders Struggle To Find Places To Live In Missoula

5-26-2011 Montana:

MISSOULA, Mont. -- One of every ten people under the Montana Department of Corrections supervision is a sex offender. When they leave prison most of them end up in the state's two largest cities, Billings or Missoula. That's where Katie Burton comes in.

"We get to know these guys really well," says Burton.

Burton is one of two DOC officers in Missoula dedicated to keeping track of the sex offenders and making sure they meet the conditions of their probation or parole.

"They are actually a fairly compliant group. If I ask one of my clients to come in to the office they come in to the office," says Burton.

The Department of Justice website has a list of names and addresses for every sex offender living in Missoula.

If you thought the offenders would be spread across neighborhoods randomly, you'd be wrong. The data shows there are clusters of sex offenders living together. The reason may be not that they want to, but that they have to.

One of those places, the Clark Fork Inn on Broadway, is currently home to five offenders.

"They struggle to find housing, and so they end up in these multi-listing addresses, because nowhere else is available for them," says Burton.

Many apartment building managers and home rental agencies check the sex offender list or ask questions on applications that indicate when an applicant is a registered offender. Burton says some places, such as some trailer parks, are more willing to house sex offenders

"They are more sympathetic in that they will give them an opportunity. Just because they are a sex offender they are not necessarily going to trash the apartment. They are probably going to take very good care of it," says Burton.

Some offenders have trouble finding any shelter at all.

The Orange Street bridge is one of the busiest roadways in Missoula, but underneath it numerous sex offenders use the thoroughfare as an address to register with the DOC.

"Most of the people that are registered as homeless currently are not on supervision," says Burton.

Three offenders are registered to the Orange Street bridge, three more live on River Road, a dead end into the Clark Fork. Ten are registered at the Poverello Center, but director Ellie Hill says on any given night the offenders are probably not sleeping there.

Burton says anyone under supervision should be living in a real house or apartment, but for the one or two who don't have an official address there's a protocol.

"We require detailed maps as to where they are going. We still do home visits," says Burton.

One safe haven for offenders when they get out of prison is Missoula 3:16, a church-based mission on Mullan Road. It can house eight men at a time for up to nine months while helping them find housing and jobs.

"They are involved in counseling, group work, classes, work study programs, community service," says co-executive director Bill Payne.

Payne says the nonprofit was home to four sex offenders last year, but even after they finished the program it was tough to place them in housing.

"It is very rare to find people who are just going to, once they know a person's background, they'll actually rent to a sex offender," says Payne.

The DOC says an average of 120 new sex offenders enter the prison system each year, increasing the burden for Burton and others who take on the task of placing them when they return to society and increasing the likelihood that more and bigger clusters of sex offenders will be part of Missoula's future.

"Things are not going to change. The prison is full. We need to find a way to make it work for everyone," says Burton. ..Source.. by Matt Leach

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May 25, 2011

House Passes Bill to Strengthen Sex Offender Laws

5-25-2011 Alabama:

Members of the Alabama House of Representatives Tuesday voted to strengthen the state’s sex offender laws, passing a bill sponsored by Rep. Blaine Galliher (R-Rainbow City) that would close loopholes in current law and require more frequent and thorough registration of sex offenders in Alabama.

House Bill 378, known as the Sex Offender Registration and Notification Act, would strengthen current law by requiring sex offenders to give local law enforcement more information when registering, including vehicle information, telephone numbers, Internet identifiers, email addresses, palm prints, travel documents and professional licensing information. Sex offenders would also have to register four times a year instead of the current requirement of two registrations per year.

Representative Galliher said updating Alabama’s sex offender laws will create better awareness of what sex offenders reside in the community, enabling the public to better protect themselves.
“Registration and notification laws protect the community and serve to deter sex offenders from future crimes,” Representative Galliher said. “Requiring more frequent and thorough registration will maintain better contact between sex offenders and law enforcement, providing police and sheriff’s offices with the tools they need to identify, monitor and track sex offenders. We’re looking out for victims, and giving our communities the resources they need in the law to keep families safe.”

The bill also closes a loophole that makes it difficult to enforce registration and notification requirements for homeless sex offenders by mandating that, until they obtain a permanent residence, homeless sex offenders must register with local law enforcement once a week. Another provision in the bill makes it a felony for a sex offender to contact or harass his or her victim.

House Bill 378 also brings Alabama up to date with federal sex offender law by ensuring that a comprehensive list of sex offenses is applicable to registration and notification requirements.

A similar bill has passed the Senate. Representative Galliher said he would work with the Senate Sponsor, Senator Cam Ward to combine the bills and ensure the strongest possible law ultimately passes. ..Source.. by Morgan Hightower

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May 24, 2011

Status of All Offenders on Sex Offender and Child Kidnapper Registry Verified

It is unbelievable the amount of time and resources that are spent updating a address book w/pictures that does nothing more than show when the registrants SLEEP for a few hours of the day/night. Unbelievable!
5-24-2011 Alaska:

The Alaska State Troopers (AST) and United States Marshals Service (USMS) have concluded a five-month program aimed at contacting and verifying the registration status of every registered sex offender in Alaska. Between December 2010 and April 2011, a team of Trooper Investigators and Deputy US Marshals, working in conjunction with multiple municipal police departments, the state probation and parole offices, and the Offices of the District Attorney; contacted or verified the statuses of 1910 registered sex offenders. Additionally, 750-800 convicted sex offenders were in jail during the sweeps and not included in the number to be contacted due to their incarceration status.

These efforts were part of Governor Sean Parnell’s initiative “Safe Homes, Strong Families”, to make communities safer by reducing the rates of sexual assault and domestic violence. Ensuring that convicted sex offenders were in compliance with the sex offender registration requirements is part of that plan. During this operation, team members traveled to 134 cities and villages throughout Alaska.

Of the 1910 registered sex offenders that needed to be contacted:

--1651 (or 86.4%) were found to be in compliance;

--137 (7.2%) were in jail for reasons unrelated to the offense requiring them to register;

--81 offenders (4.2%) were out of compliance; these offenders were either arrested or had warrants issued for their arrest.;

--41 offenders (2.2%) have yet to be located.
Future efforts will continue in an attempt to contact those offenders currently on the list, as well as those who may be added to the registry in the future.

Department of Public Safety Commissioner Joe Masters said of the sweeps, “The Alaska State Troopers formed a strong partnership with the United States Marshals Service, Sex Offender Investigations Branch. Our two agencies, in coordination with local law enforcement agencies, focused on contacting ALL offenders that are required to be registered and verify compliance. If they were not in compliance, they will be investigated and charged.”

Director of the Alaska State Troopers, Colonel Keith Mallard, added, “This five month effort emphasized the need for, and the benefit of, all law enforcement partners joining forces to address those issues that have historically plagued our state. Holding sex offenders accountable is imperative to keeping Alaskans safe.”

U.S. Marshal Rob Heun agreed, “Only through the collaborative efforts of the Alaska State Troopers and the United States Marshals Service can sexual offenders be appropriately and effectively accounted for and held accountable.”

Assistance was provided to the AST and USMS by Dillingham P.D., Fairbanks P.D., Homer P.D., Juneau P.D., Kenai P.D., Kodiak P.D., Kotzebue P.D., North Slope Borough P.D., Sand Point P.D., Soldotna P.D., Togiak P.D., University of Alaska-Fairbanks P.D., Valdez P.D., Wasilla P.D. Special recognition was given to the Anchorage Police Department and their Community Action Policing (CAP) Unit for their assistance in contacting hundreds of offenders in the Anchorage area. ..Source.. by Alaska Department of Public Safety

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Illinois makes sex offender law tougher

5-24-2011 Illinois:

Sex offender harassment

Legislation, backed by the Cook County Sheriff's Office, would give law enforcement an extra tool to prevent registered sex offenders from harassing victims and their family members.

House Bill 277 would make harassment of victims and their families by sex offenders a felony, which carries a two- to five-year prison sentence and a fine of up to $25,000.

The legislation was inspired by a convicted child sex offender in Harvey who harassed a victim and the victim's family at home with repeated phone calls to prevent them from testifying in court.

“This will allow courts to go after people who victimize people, and then victimize their family,” said state Sen. Mike Jacobs, D-East Moline, a co-sponsor.

The state Senate voted 57-0 to approve the measure, which returns to the House for approval. ..Source.. by Diane S.W. Lee and Mary J. Cristobal Illinois Statehouse News

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Federal Judge Sends Match.com Sex Assault Suit to State Court

5-24-2011 California:

LOS ANGELES) -- A federal court in California ruled not to dismiss the case of a woman Monday who claims Match.com is responsible for her sexual assault by a known sex offender.

Without hearing from a single witness, U.S. District Court Judge Stephen V. Wilson ruled Carol Markin's suit against the online matchmaker be sent to state court, saying she has no standing in federal court.

Markin wants the court to order Match.com to implement tougher systems to screen for sex offenders. The website's attorneys say they are trying, but screening out all sexual offenders is an impossible task.

Because Match.com does not request Social Security numbers from its users, anything they could find would not be conclusive.

Attorney Bob Platt says Match.com cannot control what happens during the dates its members go on. ..Source.. by WTMA.com

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May 23, 2011

Tiered system for sex offenders remains elusive for lawmakers

5-23-2011 Maine:

AUGUSTA, Maine — Lawmakers on Friday deferred action once again on legislation that would adopt a tiered classification system for registered sex offenders even though the inaction could have legal and financial implications.

LD 1514, submitted by Rep. Anne Haskell, D-Portland, would update Maine’s Sex Offender Registry and Notification Act, which was first passed in 1999, by creating three tiers of offenders and a risk assessment tool to classify offenders into those tiers.

Members of the Legislature’s Criminal Justice and Public Safety Committee were generally supportive of Haskell’s bill during a work session Friday, but they ultimately decided to push any decision to the next legislative session.

“I certainly would like to see us take a direction,” Haskell said during the session. “We’ve been plowing the same ground now for all this time.”

After the vote, Haskell said she wasn’t necessarily frustrated with the result.

“The bill was submitted late and it was a comprehensive bill,” she said. “There are a lot of freshman legislators who didn’t have time to get up to speed.”

Still, there may be increasing pressure to make changes soon. Maine is one of dozens of states that are still trying to meet new requirements of the federal Adam Walsh Act. If Maine does not meet those requirements by late July, it could lose Department of Justice funding.

Lawmakers in several Legislatures dating back to 2006 have discussed implementing a tiered system for sex offenders, similar to what Massachusetts and other states have done, but actual changes have been elusive.

Haskell’s bill would separate offenders into 10-year registrants, 25-year registrants and lifetime registrants and would further establish a risk assessment process to determine the threat level an offender poses to society.

The biggest concerns over LD 1514 were related to risk assessment. Some critics are worried about the cost of implementing such a program. Others are not convinced risk assessment is reliable or consistent.

Legislators voted to carry over LD 1514 to the next legislative session, but they also committed to holding a workshop over the summer to address any lingering concerns.

Although they delayed action on Haskell’s bill, the Criminal Justice and Public Safety Committee did vote to send forward an amended version of LD 1025, a bill that also proposes changes to the sex offender registry. Sponsored by Sen. Bill Diamond, D-Windham, that bill would require Maine’s registry to show whether someone would be listed for 10 years or for life. Currently, there is no way to differentiate between low-risk offenders and high-risk predators.

Diamond said even making that minor change would do more than any other Legislature in recent years has done to address inequities in Maine’s sex offender laws.

The committee also approved on Friday LD 1317, sponsored by Rep. Gary Plummer, R-Windham, which prohibits information collected by the State Bureau of Identification from being disseminated to the public except as part of the state-run registry.

Many private registries have been created by nongovernmental groups, but the information is not updated regularly and often contains incomplete and sometimes inaccurate data, according to Matthew Ruel, director of the State Bureau of Identification, which manages the registry.

That bill is likely to be reviewed by the Judiciary Committee because it has implications on Maine’s Freedom of Access laws.

The Maine Department of Public Safety, meanwhile, is seeking lawmakers’ assistance in discouraging private sex offender registries from popping up on the Web with Maine data.

Ruel said the state could further discourage private registries by creating mapping capabilities on Maine’s site, but legislators were not overly supportive of that idea.

“I’m going to be careful about putting any more information out on that registry,” said Sen. Stan Gerzofsky, D-Brunswick. ..Source.. by Eric Russell, BDN Staff

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Illinois General Assembly Passes ‘Murderer Registry’

5-23-2011 Illinois:

Chicago - Lawmakers in Springfield have passed a so-called "murder registry," similar to a "sex-offender" registry.

Murderers would have to register with the State of Illinois after leaving prison.

The goal is to let people know if a murderer lives near them in the same way a person can look up the location of registered sex offenders.

The measure now goes on to Gov. Pat Quinn. ..Source.. by FOX Chicago

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May 22, 2011

Megans Law Survey: Dr John Chapin and Dr Mari Pierce Researchers

Confidential Survey by Well Known Researchers
You Must be 18 or Older
Click on Picture to take Survey

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May 20, 2011

Pet abuse registry may also protect children

5-20-2011 New York:

Brutality against an animal is indicator of possible domestic violence, experts say

NEW YORK — A New York county is launching a registry for animal abusers which could also help to identify potential violence against women and children.

The registry in Suffolk County, which will go live next week, is modeled after the sex offender registry to protect children.

It is the result of growing awareness that brutality against an animal is an indicator of possible family abuse, according to experts and studies.

"Animal abuse is not only the tip of the iceberg of family violence, but it's often the first warning sign and the one a neighbor is most likely to call in," said Phil Arkow, of the National Link Coalition, which educates people about the link between animal and human abuse.

"People assume the kids and the spouse can pick up the phone on their own, but they feel sorry for the animal because it's a silent victim," he said.

Nineteen U.S. states allow family pets to get restraining orders. Four states have also included animal cruelty under the criminal definition of domestic abuse.

The progression from animal to human abuse, known among experts as "the link," is changing the way laws are being written and enforced.

As many as 71 percent of battered women say their pets have been killed, harmed or threatened by their abusers, Arkow said.
Story: What to do if you find an injured animal in your yard
Animal abusers use more forms of violence against humans, such as stalking and marital rape, and are more dangerous than batterers who do not, he added.

And nearly half of battered women with pets report they delayed entering a shelter because of concerns for an animal left behind, said Frank Ascione, head of the University of Denver's Institute for Human-Animal Connection.

In Nashville, Tennessee deaths from domestic violence decreased 80 percent just a year after a domestic violence hotline initiated a triage system which elevated to high risk any reports that the batterer had weapons, threatened suicide or vowed to mutilate or kill an animal.

More domestic violence shelters are also welcoming animals or have nearby pet safehouses, according to the National Coalition Against Domestic Violence.

In Maine and West Virginia, animal protection workers and their child protection counterparts are cross-reporting cases in accordance with laws. Connecticut is considering similar legislation.

In Ohio and California, humane society agents and animal control officers are bound by law to report suspected child abuse, according to Scott Heiser, criminal justice director at the Animal Legal Defense Fund.

"I typically encourage child abuse investigators to open their child victim interviews with questions about how the family pet is doing," said Heiser.
Story: Poll: It's OK to declaw cats, most pet owners say
Arkow said that by talking about how adults at home treat animals, children can unwittingly reveal child abuse.

"In many cases, they don't know it's animal abuse." he said. "Kids think, 'That's just the way my family treats animals.' They release information about patterns of control at home that you might not get otherwise." ..Source.. by Barbara Goldberg

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Case asks: Can a 6-year-old commit sexual assault?

Just what we need, a 6 year old sex offender, things do not get more absurd than this! Someone needs their head examined and its not the boy.
5-20-2011 Wisconsin:

Grant County authorities have accused a 6-year-old boy of first-degree sexual assault of a child for allegedly playing “doctor” with a 5-year-old girl in September.

The case, which is plowing new legal ground in Wisconsin, calls into question when a child’s act can be considered criminal — particularly when it involves behavior some experts say is normal for children that age — and who makes that determination.

Under state law, the boy is too young to be charged with a crime or in a juvenile delinquency petition, the equivalent of a criminal complaint for juveniles. Instead, prosecutors have included the allegations in a petition seeking protection or services for the boy. Such petitions are typically used by parents or authorities to identify children under 10 who need services to change inappropriate behavior.

If a judge finds the boy committed a delinquent act, the court can order that he and his family receive services such as counseling or other treatment.

A second petition accusing the boy of disorderly conduct alleges that last summer he repeatedly grabbed the breasts of two teenage baby sitters, took off his clothes and rubbed himself on their legs and tried to kiss them.

The boy’s lawyer, Stephen Eisenberg of Madison, called the allegations “crazy” and said he has never heard of a 6-year-old being accused of first-degree sexual assault. The boy is now 7.

At a court hearing last week, Grant County District Attorney Lisa Riniker said the case “isn’t about punishing (the boy); it’s about making sure he gets the help he needs.”

Riniker and county Social Services Director Fred Naatz declined to comment on the case outside of court, citing confidentiality rules.

Richland County Circuit Court Judge Edward Leineweber, who is handling the case, said during the hearing the case presents a thorny legal problem.

“You’re going to have to prove a criminal act. If he was 2, would we be here?” he asked the prosecutor. “How are we going to figure out what side of the line (the boy) falls on?”

Eisenberg said the boy, who has a developmental disorder for which he is receiving treatment, likely is below the maturity level of a typical 6- or 7-year-old.

Dispute over what happened

Earlier this month, the judge granted a State Journal request for access to juvenile court records and proceedings in the case. State law prohibits identifying the children or families involved.

According to the petition for protection or services filed Nov. 12, the girl’s mother found her daughter in the boy’s yard “with her skirt and underpants around her ankles” and the boy sitting underneath her, penetrating her with his finger. The petition alleges the boy “did have sexual intercourse with a child under the age of 12.”

State law defines sexual intercourse, in part, as “intrusion, however slight, of any part of a person’s body.”


The girl told her mother they were playing “butt doctor” and told authorities the boy only touched her on the outside of her body, court documents state. A third child, a 5-year-old boy, also was with them, but he did not touch her inappropriately, the girl said.

Judge Leineweber refused to dismiss the petitions, saying the relevant part of the sexual assault allegation is the mother’s observations.

The boy needed only to have penetrated the girl and known she was under a certain age, he wrote, adding, “Even the most immature 6-year-old could appreciate these two concepts.”

Last week, Leineweber found probable cause to proceed with the petitions and ordered a competency evaluation to determine if the boy can understand the allegations and assist in his defense.

But Leineweber also questioned how it could be determined that the 6-year-old was capable of committing a criminal act.

Riniker said she made that determination using her discretion as a prosecutor. She also said she has more information about the boy’s actions than she included in the complaint.

“I’m not so sure that’s how it should work,” Leineweber replied.

Eisenberg told the judge small-town furor “just exploded this thing that never should have gotten off the ground,” saying, “It’s over the top and it really is absurd.”

He said the boy had several enemas and other procedures for a medical problem before the incident with the girl. He also questioned whether the girl’s mother could actually see if penetration occurred, as well as the accounts of the baby sitters.

Sexual exploration normal in young

Dr. Lucy Berliner, director of Harborview Center for Sexual Assault and Traumatic Stress in Seattle, Wash., said it is “completely outside” accepted medical practice to characterize a 6-year-old’s actions as sexual assault.

Berliner, responding after the State Journal described the allegations, called the charge “very unusual” and equated it to charging a 6-year-old with physical assault for hitting another child.

“Sexual exploration, curiosity and play among children is common,” Berliner said. “Even if there was an attempt to penetrate, it’s still a 6-year-old doing it.”

If a child has no history of other behavioral problems, just talking to him and making sure there are no other issues that need to be addressed would be an appropriate response, she said.

But Mike Walsh, Dane County deputy district attorney in charge of juvenile cases, said even very young children can engage in “extreme victimizing behaviors.” The youngest child Walsh brought a petition against for sexual assault was an 8-year-old boy who repeatedly raped his 5-year-old sister.

In most cases, however, police deal with the families involved and the matters never reach court, he said. In some cases, if he believes the child needs treatment beyond what a family obtained on its own, he would pursue the matter in court.

In the Grant County case, Walsh said, the boy’s alleged actions reflect sexualized behavior more advanced than his level of development.

Families tried alternate solutions

In a letter to the State Journal, the boy’s parents said they have taken “all steps necessary to make sure our six year old has received all the services he needs.”

They said they forwarded that information — along with written confirmation from the boy’s school and day care providers that he has never engaged in inappropriate conduct at those facilities — to the district attorney’s office and the Grant County Department of Social Services.

Yet both insisted on pursuing court action, they wrote. They said authorities even raised the prospect that the boy be evaluated as a potential sexual predator and suggested he not be allowed to have any unsupervised contact with children.

The girl’s parents said they initially sought to settle the dispute without involving the authorities but were unsatisfied with the response by the boy’s family.

“From the beginning, it was our hope and our goal to work this out between the families and to talk and figure out what was happening privately,” the girl’s father told the State Journal. “We were not given that opportunity by the (boy’s) family.” ..Source.. by SANDY CULLEN

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Oak Park police charge boy who allegedly made sex-ranking list

5-20-2011 Illinois:

An Oak Park juvenile was arrested Monday for allegedly devising and circulating a list ranking 50 female Oak Park-River Forest High School girls by their sexual characteristics and alleged sexual behaviors.

“The subject was found to be responsible for an offensive list that was circulated at OPRFHS,” said Detective Cmdr. LaDon Reynolds. “Based on the evidence, the juvenile offender was charged with disorderly conduct and referred to (juvenile) court.”

The father of one girl targeted by the list confirmed Tuesday the arrest. His wife, he said, was contacted by Oak Park police Tuesday morning about the charges.

The list emerged in January and described the girls by explicit, derogatory nicknames and assessed their physical appearance, sexual desirability, sexual activity and other characteristics. It was posted on Facebook and hundreds of copies were printed and distributed at the high school during lunch period, before the school administration intervened.

“The school learned today from Oak Park police about the arrest of the former OPRFHS student...” according to a statement from OPRFHS spokeswoman Kay Foran.

This sad and troubling experience prompted the school to have very targeted and deliberate discussions with OPRF students, faculty, staff and families about the consequences and impact of bullying, cyber bullying and sexual harassment and about the remedies and supports available to those victimized by illegal and hurtful behaviors.

“This incident also has spurred us to review and augment our communications and educational outreach to students and families about these issues as we raise awareness and reiterate expectations of respectful behavior toward all,” stated Foran.

Reynolds said the Oak Park Police Department worked closely with the Cook County State’s Attorney’s office to build the case.

The boy was processed and turned over to his legal guardian, Reynolds said.

In February the boy was expelled from OPRF and sent to an alternative high school in Chicago’s Englewood neighborhood, according to sources.

Dale Jones, father of one of the girls, said that while he welcomed the arrest, he was concerned that a disorderly conduct charge was not serious enough of a response for a “very serious offense that affected many people.”

Still, he said, “I’m gratified that the investigation continued, and that charges are being filed. I’m hopeful they consider additional charges as they gather more evidence.” ..Source.. by Bill Dwyer

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May 19, 2011

Bill targeting Oklahoma sex offenders clears Senate, On Second Try

To the folks at "Hand Up Ministry," you all are in our prayers and we will continue fighting for your rights and others like you. Please visit "The Community Room" and you will find more help.
5-19-2011 Oklahoma:

OKLAHOMA CITY (AP) — A bill designed to tighten living restrictions on a group of sex offenders living at a mobile home park in south Oklahoma City has cleared the Senate on a second attempt.

The Senate voted 34-12 on Thursday for the bill just hours after it failed on a previous attempt.

The measure targets residents of the Hand Up ministry, which houses more than 270 sex offenders. It provides that mobile homes or trailers cannot be defined as multi-unit structures for purposes of sex offender living restrictions. The bill gives residents of the ministry an additional year to comply with the law.

The bill failed earlier on a 21-25 vote after Oklahoma City Republican Sen. Cliff Branan became emotional during debate
, expressing concern the measure could threaten the safety of children. ..Source.. by GreenwichTime.com

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It’s All in the Telling

5-19-2011 National:

From The Ethicist, ARIEL KAMINER:

My husband is a registered sex offender. His sex crime was more than two decades ago and involved an adult woman. He is not a pedophile, and he is not on parole or probation. When people find out, however, we are often harshly condemned. If our children have play dates in our home, I believe we should tell the parents about my husband’s past. I feel that they should learn from us, and not from the Internet or gossipy neighbors. He disagrees. NAME WITHHELD, OHIO
On first read I thought you were arguing for your obligation to disclose, as a way to protect innocent children. But you’re arguing for your right to disclose, as a way to protect your husband. In a sense, you are proposing to ruin his reputation in order to save his reputation, an unusual approach.

What’s troubling, from an ethical standpoint, is the extent to which you have set these two goals — protecting children and protecting your husband — against each other.

Saving your husband’s reputation is a legitimate concern; he committed a terrible act, but he satisfied his debt to society. According to our legal system, he is allowed to re-enter society without ringing a bell to warn of his advance.

Given that his crime did not endanger children, I wonder why you propose to mount his defense from the beachhead of your own children’s play dates.

I wonder this in particular because as vulnerable as your husband, or by extension you, might feel to the punishing effects of gossip, surely your children are more vulnerable. They stand to suffer all the social and economic effects of his ostracism, but to do so while still learning how to make their way in the world. And unlike your husband, who committed the crime, or you, who stood by him, they had no role in creating the situation in which they now find themselves. For that reason, let your decision be guided by what’s best for them, not for him.

That’s the ethical issue. Beyond that, it’s just tactics. It’s impossible to predict whether the parents of your children’s friends will react better to the news if it is delivered personally or discovered accidentally. You may persuade your husband that disclosure is in his interest, but if so, proceed carefully. Once that news gets out, there’s no retracting it, and there’s no removing its effect from your children’s reputation.

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Alert ID: Sex Offender Information Now Available

This story is carefully written to dupe the public. Story claims the offender who killed Jessica Lundsford lived across the street from where Jessica lived, and authorities failed to let Lundsford know he was there. REALITY: The offender (John Couey) was staying with family who lived across the street from Lundsford, but Couey was not properly registered as living there, therefore the AlertID system could never have informed Lundsford as the story implies.

The story is written as a sales pitch not providing the correct facts. Further, the real question is, does AlertID directly access the state registry in real time, or has it made its own copy of registry information, at some point in the past and displays that, which is not current information, it is secondarily disseminated from old records.
5-19-2011 Nevada:

Reno, Nev. -- Alert I.D., a free service provided to people across Nevada, now enables users to find out whether sex offenders are living near their homes, schools and workplaces.

"They have brought to Nevada something we wish we could have done," said Acting Department of Public Safety Director Chris Perry. "This is the perfect public-private partnership."

Alert I.D. founder Keli Wilson said she met with Mark Lunsford, a Florida man whose daughter Jessica, 9, was abducted, raped and murdered by a Tier 3 sex offender who lived across the street.

But Lunsford never knew of the man's background, because authorities in Florida never told the neighbors. He asked Wilson to institute a system that allows Nevadans to find out whether such offenders are living close by so they may protect themselves and their families.

"This is a promise we made, and a promise we kept," said Wilson.

Once an Alert I.D. user logs into the system and provides an address, the user can see names, pictures and addresses of convicted sex offenders living nearby. ..Source.. by My4News

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May 18, 2011

Registry sought for ex-cons with violent records

5-18-2011 New York:

The Republican-controlled state Senate wants people to know if their neighbors are ex-convicts with violent criminal records.

The Senate passed 57-4 a bill sponsored by Sen. Joseph A. Griffo, R-47, Rome, on Tuesday that would require convicted violent offenders to register where they live following their release. Through the Internet and other means, the ex-convicts would have to publicly report their addresses for life, even after serving their sentences and any parole.

Offenders would be categorized on a three-tier scale according to the severity of their offenses — modeled on the current Megan’s Law sex offender registry.

"The recidivism rate of violent offenders necessitates the need for a new law that will help keep our communities safe,"
said Griffo. "Our goal is to avert future tragedies for New York families who will never recover from losing a loved one because this registry isn’t in place. New Yorkers have the right to know when violent offenders are living in their midst and this initiative will help law enforcement identify criminals who continually commit violent acts."

Other states have established a violent felony offender registry, including Montana, Illinois, Indiana, Florida, Kansas, Louisiana, Nevada and Oklahoma, according to Griffo.

The measure is named Brittany’s Law after a 12-year-old western New York girl who was murdered along with her mother in November 2009. Brittany Passalacqua and her mother, Helen Buchel, were slain with a razor knife in their Geneva apartment by a violent convicted felon who had been released from prison early and put on parole just months earlier. He was released from prison after serving 2 ½ years of a three-year sentence for assaulting his infant daughter in 2003.

The bill would affect only those convicted after its passage. The Assembly version of the bill remains in committee.

The measure also is designed to be a tool for police.

"This bill would allow police to keep better track of violent offenders and show criminals that we are serious about cracking down on violent invaders who compromise our safety," said Democratic Assemblyman Mike Spano of Westchester County, sponsor of the bill in the Democrat-controlled Assembly. ..Source.. by RomeSentinel.com

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May 17, 2011

Indiana High Court Says No Right to Resist Illegal Police Entry

This is one of those poorly written decisions that does not focus on the wrong, fighting with police. Instead the court left open -and focused more on- the illegal entry in the written decision. Reading the decision supports this but also supports the other, so -in my opinion- the court should clarify which was their intended focus. Somehow the facts of the underlying circumstances seems to have been ignored. (Barnes said "no entry" but Reed said "come on in" Reed and Barnes both lived there. That should have been the focus of the court.) (Also unfortunate, I am still fighting the effects of Google mess up last week, as some of my posts did disappear, this was one of them)
5-14-2011 Indiana:

The Indiana Supreme Court ruled Friday that state residents have no right to resist an illegal police entry, overturning a Common Law that dates back to the English Magna Carta of 1215.

Writing for the court's 3-2 majority, Justice Steven David said if a police officer wanted to enter a home for any reason - or for no reason - homeowners could do nothing to block the officer's entry.

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David wrote, according to the Northwest Indiana Times. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."

He said persons arrested after an illegal police entry are still entitled to post bail and can seek remedies through the legal system.

The ruling stems from a case involving an argument between a husband and wife that took place outside of their apartment, the report said. When police arrived, they both went back inside and the husband told officers they weren't needed.

When one officer tried to enter the apartment the husband attempted to block him. An officer entered anyway and the husband then shoved him against a wall, prompting a second officer to use a stun gun on the husband and arrest him.

Ivan Bodensteiner, a professor at the Valparaiso University School of Law, said he agreed with the court's decision, the report said.

"It's not surprising that they would say there's no right to beat the hell out of the officer," he told the paper. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justices Robert Rucker and Brent Dickson dissented, saying the ruling violates the U.S. Constitution's Fourth Amendment.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances. I disagree," Rucker wrote, according to the report. ..Source.. by Jon E. Dougherty

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California Bill To Give Parents Access To Kids’ Facebook Pages


Assuming this does become law, does anyone really believe that youngsters will not realize the effects of this on their PERSONAL lives? Personal space is what these folks strive for, and that space does not include parents, so what do folks think youngsters will do? RIGHT! A alter-ego under and assumed name and everyone is back to square one. Sure this bill may be good for some, but this is not the way to go when taking time to consider what kids strive for: Personal Space!
5-17-2011 California:

California SB 242, proposed by Sen. Ellen Corbett, would force social networks like Facebook to allow parents access to their child’s account(s) and, more importantly, force all privacy settings to their maximum level by default. Parents can request that images or text be removed from any social network page “upon request … within 48 hours upon his or her request.”

Here’s the interesting part: any social network failing to perform these duties will get hit with a $10K fine per incident. Obviously this is a state-level law and does not apply nationally (yet) and it does smack of the nanny state. However, being able to access my own son’s Facebook page in the event of some tragedy real or imagined would give me peace of mind but be wildly invasive. This would also bump up against problems like children in divorced families and/or emancipated youngsters.

“This legislation is a serious threat both to Facebook’s business in California,” said Facebook rep Andrew Noyes and, to be fair, it is: it gives parents the chance to launch frivolous requests 24/7 and there is a slippery slope here that could result in anyone editing anyone’s accounts – after all, if you’re able to edit your kid’s pages when he or she is under 18 what’s to stop the requests from coming in after they come of age?

The bill is now on its way to the Senate after moving through legislative committee. Rest assured it won’t be passed without a fight. ..Source.. by John Biggs

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May 16, 2011

May 15, 2011

Fairfax teacher Sean Lanigan still suffering from false molestation allegations

5-15-2011 Virginia:

Sean Lanigan’s nightmare began in January 2010, when the principal at Centre Ridge Elementary School pulled him out of the physical education class he was teaching and quietly walked him into an interrogation with two Fairfax County police detectives.

He had no warning that a 12-year-old girl at the Centreville school had accused him of groping and molesting her in the gym.

The girl, angry at Lanigan about something else entirely, had made the whole thing up. But her accusations launched a soul-sapping rollercoaster ride that still hasn’t ended.

“Emotionally, a part of me has died inside,” Lanigan said in a recent interview. “I’m physically and mentally exhausted all the time, how the whole process has been dragged out to this date. It certainly has affected the quality of life for me and my family at home.”

Lanigan remains in limbo, nearly a year after a jury’s acquittal. The Fairfax School District transferred him from Centre Ridge in a move that ultimately forced his wife to quit her job. School officials are now transferring him again. And the district has refused to pay his $125,000 in legal fees, even though Virginia law allows reimbursement for employees who are cleared of wrongdoing on the job.

Lanigan will never forget the day he was pulled from class. Shortly after the detectives questioned him, Lanigan, then 43 — a married father of three with a long history of service as a teacher, top-ranked soccer coach and neighborhood babysitter — had to tell his children he was going to be arrested.

“We try to teach them to do the right thing,” Lanigan said, “and I had to tell them that Daddy was going to jail and my name was going to be on the news. It was heartbreaking.”

That was followed by four nights in the Fairfax County Adult Detention Center.

“It was scary,” he said. “I was just wide-eyed. I’m an accused child molester. I’m thinking, ‘How am I going to last in here?’ ”

From there, Lanigan spent months in anxious exile, forced from his school, his players, his neighbors and his friends, pondering the possibility of up to 40 years in a state penitentiary.

That soon turned to relief. A jury found him not guilty after just 47 minutes of deliberation — virtually unheard of in a child sex abuse case. Jurors were outraged by the lack of evidence, with one weeping in sympathy during closing arguments.

But still the nightmare continues, as Lanigan struggles to earn back his reputation and career.

Within two weeks of the accuser’s report — without ever speaking to the girl — Fairfax detectives arrested Lanigan and charged him with aggravated sexual battery and abduction. The Washington Post is not naming the accuser because she is a minor.

Police issued a press release with Lanigan’s booking photo and home address, and the school district sent home a letter about his arrest. TV trucks descended on the school and his neighborhood, and Lanigan’s reputation took a lasting beating. Even today, the first thing that comes up in a Google search of Sean Lanigan is a Web site called “Bad Bad Teacher.” ..Source: Has more pages of story.. by Tom Jackman

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May 13, 2011

PEOPLE -v- BRIDGES: Failure to Register Nunaces

5-11-2011 California:

A jury convicted defendant Paul Bridges on count one of failing to annually register as a sex offender within five days of his birthday, and on count two of failing to inform law enforcement of his new address within five days after moving.

Defendant first contends on appeal that there is insufficient evidence to support his conviction on count two. Defendant argues applicable law requires proof that defendant moved to a new address in California, not to an address out of state. Defendant also argues that the only evidence of his move was his own out-of-court statement to the probation officer, which cannot be considered unless the People have independent proof of the offense. We conclude defendant was required to notify law enforcement within five days of moving, regardless of whether he moved inside or outside the state, and there was ample independent evidence that defendant failed to do so.

Similarly, defendant next contends the trial court erred in failing to give CALCRIM No. 359 as an instruction. CALCRIM No. 359 would have instructed the jury that defendant could not be convicted based on his out-of-court statement alone, and that the People had to have independent proof of the offense. We conclude that because there was ample independent proof of the offense charged in count two, any error in giving CALCRIM No. 359 as an instruction was harmless.

Finally, defendant contends the trial court improperly instructed the jury on the elements of count one, failing to annually register as a sex offender within five days of his birthday, because defendant was not required to do the annual update of his registration if he resided out of state, and the instructions did not clearly inform the jury of the People's burden to prove that defendant resided in California on his birthday. The Attorney General responds that whether or not the instructions were misleading, it is nonetheless true that there was insufficient evidence to support a conviction on count one. The Attorney General agrees with defendant that he was not required to do the annual update of his registration if he resided out of state at the time of his birthday, and that the People did not prove when defendant moved out of state.

We will reverse count one as not supported by substantial evidence. In all other respects we will affirm the judgment. ..Source..

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