RI authorities check up on sex offenders, arrest 8

A note, while the article does not say this, it is very unlikely that any home of a registered person -NOT under State Supervision- was searched, that would violate the 4th Amendment, at least without a warrant.

7-30-2011 Rhode Island:

PROVIDENCE, R.I.—A law enforcement task force led by U.S. marshals arrested eight registered sex offenders in Rhode Island after making unannounced visits to their homes.

The task force checked up on 200 registered sex offenders across the state this month to verify that they were living at the addresses listed in the sex offender registry.

Five of the men arrested were charged with possession of marijuana or cocaine. One was arrested on an outstanding warrant, one for failing to update his registration, and one for possession of child pornography.

The arrests were announced by the Marshals Service on Friday. The task force includes state, local and federal law enforcement officials. Since 2007 the task force has checked up on the whereabouts of 700 sex offenders in Rhode Island. ..Source.. by Boston.com

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Indiana’s Sex Offender Registry: Is it working?

7-30-2011 Indiana:

The Indiana Sex and Violent Offender Registry has been available to citizens for more than a decade. The Perspective is proud to provide a copy of the registry to its readers each year, sponsored by the City of Kokomo, the Howard County Sheriff’s Department, AFSCME Council 632 and Local 2185 and White’s Meat Market. But is the registry working?

That can be a difficult question to answer without identifying what its existence is supposed to accomplish. According to Howard County Sheriff Steve Rogers, it isn’t a deterrent for would-be offenders, but it certainly provides valuable information to citizens and law enforcement agencies alike.

“People do re-offend, even if they’re on the sex offender registry,” said Rogers. “Sex offenders -- especially those committing crimes against children -- are so dreaded that citizens want us to watch those folks.”

The sheriff acknowledged that recidivism rates are high among sex offenders, which makes a registry a valuable tool. And long before the Internet exploded in popularity, the registry was around -- on good old paper -- to help investigators solve crimes.

Another example of spreading incorrect recidivism information! Also, there is no correlation between the registry and high recidivism rates, he obviously said this to make him sound good.

Rogers had an opportunity to use the registry in its early form when he worked to find Victor Steele, the man who abducted Anita Wooldridge in 1998.

“Even Victor Steele was on a hard-copy registry; that’s how we located him,” said Rogers. “When the name ‘Tom Steele’ came up during the investigation, we cross-referenced the name in the big book and found Victor. That led us to making him a suspect.

“Recently, we had a fellow who attempted to abduct a woman on the north end of Kokomo, and they determined later that he had been on the sex offender registry and got away from where he was supposed to be. That information gets to be very valuable during an investigation. If you have someone who has committed a crime and you can match it to someone who has committed a similar crime who lives in the neighborhood, it gives you someone to look at as a suspect. As a law enforcement officer, I see the value in that.”

This is an example of misconstruing the facts. If you determined something -after the fact- then the registry was useless to find that fellow initially. And being on a registry does not restrict folks to specific areas, they can go where they want.

For citizens, the registry is successful as an informational tool.

“The community knows to be aware,” said Rogers. “You tell your kids to be careful, but when you realize there is a predator close by, it makes you more careful.”

Obviously this policeman does not know that, there are folks on registries who are not predators, in his mind all are.

The sheriff’s department takes the enforcement of sex offender restrictions very seriously, and since the beginning of the year, that effort has risen to a new level of effectiveness. Those who choose not to follow the rules are finding themselves back behind bars.

“Some do resist,” said Rogers. “Sometimes, they register at a certain address, and later we find they haven’t maintained residence there for a long time. That’s when we start building a case against them. Then, they’re referred to the prosecutor, and warrants are issued.

“I don’t want this to be seen as a negative, but we have a much higher rate of warrants issued under Prosecutor Mark McCann’s watch. He has taken this very seriously for us. We have an increase in successful warrant requests and an increase in arrests. You are going to get arrested and charged if you violate the rules.”

In reviewing this year’s registry, readers should notice that offenders are broken into categories, based on the severity of their offense. The sheriff’s department provided an explanation of these categories.

The sex offender is a low-level offender who has committed a crime such as sexual misconduct, sexual battery or possession of child pornography. They have no living restrictions.

The offender against children is a higher-level offender who has committed a crime such as child molest, child seduction, child solicitation or any other sexual crime involving a child. These offenders must maintain a 1,000-foot living distance from any state-licensed daycare, public parks and schools.

The sexually violent predator is the highest-level offender. This is a person who has be convicted of A felony or B felony child molest, rape and more serious sexual offenses. Also, those offenders with two wholly separate convictions for sexual offenses of any type automatically fall into this category. In addition to the living restrictions, these offenders must report to the sheriff’s department every 90 days -- four times a year. ..Source.. by KoKoMoPerspective.com

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Are Criminal Background Checks Unfairly Discriminatory?

It is possible, that out of the hearings, could come legislation that would require an employer to document specific reasons for not hiring a person, and maybe a requirement to send a letter to the applicant. Then if contested by an applicant, something would be documented. That would place the burden on the employer to give a fairer consideration of applicants. This would be a start!

7-28-2011 National:

The Equal Employment Opportunity Commission is holding a hearing today on an important topic for companies: Can they consider job applicants’ criminal histories in making hiring decisions?

The hearing will examine the law governing background screening and consider the extent to which individuals with arrest and conviction records face barriers in getting hired.

The hearing comes at a time in which an increasing number of employers are seeking criminal background checks out of security concerns, according to this item in the Washington Post’s Federal Eye blog. And some advocates, the Post reports, are pushing for legislation that would require certain employers to perform criminal background checks.

But the EEOC, as we noted in this earlier post, has in the past expressed concern that companies may improperly discriminate against minorities, who have been arrested at a disproportionate rate, when they screen out job applicants with criminal records. The agency has even sued some companies, alleging they have used arrest records improperly.

So, is background screening fair game for employers?

Paul Evans, a partner at Morgan, Lewis, offered the Law Blog some thoughts on the topic. “Employers have legal obligations to protect the safety of their customers and employees,” he said. Criminal record checks “allow employers to meet these obligations by ensuring that individuals with violent histories are not hired into roles, such as in-home service technician roles, that provide them with private access to customers and employees.”

Companies, he added, typically do not implement blanket prohibitions against hiring applicants with a criminal record. “In my experience, employers have well-reasoned criminal record check policies tailored to the jobs for which they are hiring,” Evans said.

An EEOC spokeswoman told the Law Blog that the agency is concerned that the employers may be prone to weed out applicants who have long-ago arrests that never led to a conviction. “It is of great concern to us that inaccurate information might be used to deny people employment,” she said. “This is also an economic concern for communities, because if ex-offenders are not given jobs the chances are that they may re-offend,” she added. ..Source.. by Nathan Koppel

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Internet, Child Predation, and State Power: A Dilemma

7-27-2011 National:

BOSTON—In this cybercentury, where the Internet, cell phones, and technology have advanced communication lines so much so as to allow individuals across state and even country borders to be able to see each other on a screen on the drop of a dime, law makers continuously face difficult challenges.

When the Internet becomes a facilitator of child predation, for instance, in the all-too-familiar cases where a child molester uses the Internet to set up a meeting with his or her victim, does the jurisprudence fall with the federal government or the state?

In 2006, Congress devised the Adam Walsh Act after a 12-year-old boy named Adam Walsh was murdered. The lawmakers hoped to deal with the new dangers facing children.

The law gives the federal government, whose sentences and convictions are harsher than those of state governments, the power to handle child predation cases where the Internet has played a crucial role in the commission of the act. The act states, “Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away… any person… when—the offender uses mail or any means, facility, or instrumentality of interstate commerce in committing or in furtherance of the commission of the offense,” shall be convicted of a federal crime.

There are few who believe that the punishment for child predators should not be as harsh as possible. Thus, one would expect that the Adam Walsh Act and its use would not run into much controversy or opposition, since it ultimately makes the punishment for committing such a crime much harsher than before.

However, the act has been criticized, not for its strict regulations and policies on child predators, but for possibly granting the federal government too much power. For many who value American federalism and its limits on the power of the federal government to only those explicitly stated in the Constitution, the Adam Walsh Act is a threat.

For those adherents of federalism, the act threatens to increase the role that the federal government plays in state policies. After all, the Constitution only states that the federal government has the power to do what the Constitution says. If the Constitution does not explicitly say that it can do something, then it cannot legally do it. It has no power, therefore, other than that explicitly granted to it by the Constitution.

Lawyer and law scholar, Michelle Martinez Campbell, however, argued in a talk given at Harvard University’s Berkman Center for Internet and Society on July12 that the Adam Walsh Act does not undermine the United States Constitution.

The Adam Walsh Act, she stated, finds it constitutional justification in the Commerce Clause, which states that the federal government presides over crimes using interstate instruments or facilities. Since the Supreme Court of the United States has repeatedly and without exception judged the Internet to be exactly that—an interstate instrument of commerce-—then the Constitution does indeed grant the federal government the authority to preside over such cases.

She further argued for the case of granting the federal government authority to handle cases where child predation has been facilitated by the Internet because doing so gives better resources and facilities for law enforcement, while keeping policy consistent.

However, the debate and concern over the federal government increasing its power is far from settled. For those who wish to monitor its authority from growing, there may been certain sacrifices that must be made to preserve the overall goal. ..Source.. by Shahrzad Noorbaloochi, Epoch Times Staff

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Few Sex Offenders Apply To Get Off Registry

I'm going to take a stab at why more registrants have not opted for getting their names removed from the registry, the State HAS NOT let them know! I will bet there is a way to use a computer program to review the registry and send letters to registrants telling them about this option and what they have to do. Nope, the state would not do that, because they get Federal money for every name on the registry.

7-25-2011 Georgia:

ATLANTA -- More than a year after Georgia legislators scaled back tough sex offender restrictions, only a handful of convicts have taken advantage of new rules that allow some to petition to get off the statewide sex offender registry.

State officials have removed a total of 107 sex offenders from the list at the order of the courts, said GBI spokesman John Bankhead. The Sex Offender Registration Review Board is reviewing another 42 applications, said director Tracy Alvord.

"So far it hasn't opened any floodgates," Alvord said. "But it will be interesting to see what happens down the road."

In all, there are more than 20,000 sex offenders registered in Georgia.

The legislation was quietly signed into law in May 2010 by Gov. Sonny Perdue, and much of it focuses on easing restrictions that banned most sex offenders from living and working near schools, parks and places where children gather.

But another provision was designed to give some offenders what supporters called an "escape hatch" to get their names off the registry.

The law allows sex offenders who are disabled or living in a nursing home to petition for release from the registry after they finish their sentences. It also lets those convicted of kidnapping or false imprisonment of a minor that didn't involve any sexual contact ask for release. Another part allows those whose sentences and probation ended more than 10 years ago to ask a court for removal.

Alvord said the sex offender review board has received 50 court-ordered requests from offenders to take their names off the list, and eight people have so far been removed.

The other 99 sex offenders who were removed from the list after the law took effect didn't have to go through the review board. Those figures include applicants whose probation or parole ended at least a decade ago.

There's no definitive figure on how many sex offenders would be able to apply for removal, but lawyers say hundreds, if not thousands, could be eligible.

Some sex offenders and their advocates aren't surprised by the slow trickle of applications.

"There's not a lot of people that know or understand what's happened," said Kelly Piercy, a sex offender who was convicted of child pornography charges in 1999. "There just hasn't been publicity about it."

Piercy, who is blind, has petitioned his east Georgia court to remove his name from the registry. But he said some offenders don't want their case to be dragged up in court again. And others don't have the time or money to hire an attorney and go through the process.

"The people on the registry are often unemployed or underemployed," Piercy said. "They're barely making it. And they don't have the $3,000 to $5,000 needed to pay for the petition."

The process can be surprisingly smooth, though, defense lawyers said. Atlanta attorney B.J. Bernstein represented a sex offender whose sentence and probation had ended more than a decade ago. She said prosecutors cooperated when she came to the court seeking to remove his name.

"It was painless," she said. "He just wanted to be able to go fish where he wanted to fish."

Alvord said she expects the number of applications to jump as more attorneys learn about the law.

"People might just not be aware that this is an option," she said. "And district attorneys, judges and defense attorneys are getting more familiar with the process. And we're getting more familiar with the process, too. I really anticipate the numbers to increase."

The law passed overwhelmingly in both the House and Senate, and even supporters of stricter sex offender laws supported the measure.

Advocates of the new law say they're not disappointed by the relative trickle of applicants so far. The Southern Center for Human Rights, an Atlanta-based group that helped push the legislation, has filed six petitions to remove offenders from the registry. Five of those have been granted, said staff attorney Sarah Geraghty.

"The Legislature did the right thing by creating this exemption process because some people who've ended up on Georgia's sex offender registry aren't really sex offenders in the way most people think of that term," she said. ..Source.. by WSBTV.com

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Pennsylvania doesn't expect Megan's Law fine

7-22-2011 Pennsylvania:

Pennsylvania won't meet a July deadline to modify its sex offender laws, but state officials are confident they will be exempted from a fine.

The federal government is threatening to withhold 10 percent of some Department of Justice (DOJ) grants for states that miss the July 27 deadline to comply with the Sex Offender Registration and Notification Act.

That could amount to almost $2 million for Pennsylvania based on the average allocated to the state in recent years.

So far, Pennsylvania is among 40 states that haven't won final approval of sex-offender laws from the federal office that supervises the federal program.

States must reapply to get the withheld money returned to implement sex offender law changes, but there is no guarantee that they will get the money back.

Gov. Tom Corbett's chief spokesman Kevin Harley said the state "substantially complies" with the act and is formally asking the DOJ to waive the potential fine.

"We haven't received an official submission from Pennsylvania. Until we do and have issued a decision to the state, we cannot comment or speculate on any penalty or compliance issues.," said Scott G. Matson, a senior policy advisor for the federal oversight office.

Harley said state officials are confident the exemption will be granted because the state has taken numerous steps, including updating the state police sexual offender's web site.

Two offender-reporting loopholes have been closed by Pennsylvania lawmakers.

In addition, an overall corrective bill is in the Senate Judiciary committee awaiting action when the General Assembly is back in session in September, Harley said.

SB1130 is sponsored by Sen. Jane Orie, R-McCandless, and cosponsored by Judiciary Committee Chairman Stewart R. Greenleaf, R-Bucks, Montgomery, and many others.

The measure strengthens reporting requirements for sexual offenders and better protects the welfare of victims, Orie said.

The bill also calls for, in some cases, using the names of juvenile sex offenders on the Megan's Law web site. Juvenile offenders wouldn't be designated as lifetime offenders unless they were convicted as adults, she said.

"I don't anticipate losing the federal money," she said.

State Sen. Jay Costa, D-Allegheny, said the bill has been revised by Senate and House staffers as well as the governor's staff.

"It's my understanding that the administration is working to do whatever it can to apply for an exemption" to the fine, Costa said.

"We're making sure it meets the Justice Department criteria," said Steve Miskin, an aide for House Speaker Samuel Smith, a Republican who represents Jefferson County and parts of Armstrong and Indiana counties.

Miskin said legislative leaders and the Corbett administration are "keen to get this done." ..Source.. by Chuck Biedka, VALLEY NEWS DISPATCH

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Overzealous Sex Offender Laws Harm Public Safety

7-22-2011 National:

On the Texas registry for sex offenders, Frank Rodriguez's crime is listed as "sexual assault of a child." If I lived in his neighborhood and had young children, I'd be frightened upon seeing that. Safe to assume that some of his neighbors discovered his status and became alarmed. Needlessly so, as it turns out. Delving into his story, journalist Abigail Pesta has discovered that Rodriguez was arrested for having sex with his high school girlfriend. He was 19. She was 15. They've now been happily married for years, and he has fathered four girls.

The anecdote is part of a larger story about America's sex offender registries and the people on them who don't belong there. It's a timely subject. This month, some state governments are racing to bring themselves into compliance with the Adam Walsh Child Protection and Safety Act in order to avoid losing federal funds. As a result, the sex offender dragnet may pull in even more people. Says Pesta, "Each of the 50 states now has at least one grassroots group dedicated to getting young people -- many high school age, but some under the age of 10 -- off the registry."

So perhaps the backlash will grow too.

It ought to.

This isn't an argument against the idea of sex offender registries, or even against laws criminalizing sex among teens (though I think it ought to be legal). The posture the public should adopt, the insight that legislators need to internalize, is that putting people on registries who don't belong there is detrimental to their purpose. It makes them less effective at alerting us to actual threats and reduces their stigma, insofar as many of us, when we hear someone is a registered sex offender, aren't quite sure what to think about that person anymore.

Legislators striving to enhance public safety and parental awareness ought to be including more information on registries about the circumstances of the crimes committed. And more than that, the registries ought to be purged of high school Romeos like Rodriguez. It also ought to be purged of people condemned to lifelong registration because they streaked at a high school football game, or forwarded a text message of a naked classmate, or got caught drunk and urinating against a wall in public.

Legislators who think otherwise are harming public safety by making it impossible for the public to distinguish actual threats from harmless victims of the law's long arm. They're also wasting a lot of money keeping track of people who pose no risk to society. ..Source.. by The Atlantic

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Councilman: Denver A Mecca For Homeless Sex Offenders

7-22-2011 Colorado:

Denver One Of Three Cities That Takes Homeless Sex Offenders

DENVER -- A sex offender living in a van in a neighborhood next to a park is raising questions.

"This is brand new for me," said the sex offender, who does not want to be identified. "I haven't had to live in a van situation."

7NEWS reporter Dayle Cedars wanted to know why he chose the location next to the park.

"I know some people in that neighborhood," said the man. "I grew up in that neighborhood."

He also said he felt safe in the neighborhood and that he thought living with a park on one side is better than living directly in front of someone's house.

What the man is doing is completely legal. He is not on parole and can live wherever he chooses; however, he said he recently moved to Denver after authorities in Lakewood said he was not welcome.

Denver is one of three cities in the state that allows sex offenders to register as transients; Jefferson County does not.

Denver councilman Charlie Brown said that is a concern for him.

"We are becoming a Mecca, not only for homeless people in general, but also for homeless sex offenders," said Brown.

Denver police said there are 70 to 100 homeless sex offenders at any given time.

The state law says a sex offender must register where a residence is established. Police said each county's district attorney's office interprets that law differently. In Denver, the law is interpreted to mean a city block or intersection is a legal residence for sex offenders.

But residents of Denver who live near this sex offender's van said that law needs to be changed. They've called the police numerous times on the van, but police said the man is doing nothing wrong.

''That is where I am lawfully supposed to be," said the man.

He said there have been so many complaints he is being pressured and urged by police to move. But he doesn't want to move until police tell him where he should go so he won't be harassed and forced to move again, even though he is doing nothing against the law. He said police won't tell him.

Revekka Balancier, of Denver Human Services' Denver's Road Home, said homeless sex offenders have very few if no options for help in the city.

"We are aware there is a service gap and we do need to do something about it," said Balancier.

Balancier said there are discussions taking place within Denver's Road Home about the lack of services for sex offenders; however, she said all it is right now is talk.

Denver's shelters only allow a certain number of sex offenders, and Balancier said there are no affordable housing units for sex offenders.

The Crossroads shelter closed down two years ago. It was known as the shelter that accepted sex offenders. The sex offender 7NEWS spoke with said he lived there until it closed its doors.

"I am scared," said the man. "I am frightened."

He said when sex offenders become fearful, there is a high probability of reoffending.

"I am fearful," he said. "I don't want to reoffend."

He said it has been a long time since he has had any bad thoughts and wanted to hurt someone, but he understands why people who live around him are concerned.

"I made a choice 15 years ago," said the man. "I abused two people, and you can't come back across that line."

But he said he feels as if residents around him are abusing him. He said he just wants to live his life, and he said he has been taught through his sex offense treatment that he should not hide or try to be secretive. ..Source.. by Dayle Cedars, 7NEWS Reporter

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Sex offenders will lose medical licenses

7-22-2011 Illinois:

New law targeting predatory doctors inspired by Tribune investigation

Doctors and other health care workers convicted of sex crimes, forcible felonies or battery of a patient will be permanently stripped of their medical licenses in Illinois under a sweeping new law.

Gov. Pat Quinn signed the measure Thursday in response to a Tribune investigation that found predatory doctors, even those convicted of crimes, often faced little or no punishment from state regulators, said his spokeswoman, Brooke Anderson.

"The governor wants patients to feel safe and to be safe," Anderson said. "After the things that were brought to light in the Tribune, he supported the bill."

The Tribune investigation found:

•At least 16 registered sex offenders held physician or chiropractor licenses within the past 15 years, and not one had his license permanently revoked following conviction.

•A doctor convicted of sexual abuse of a patient was not disciplined by the Illinois Department of Financial and Professional Regulation in any way.

•Physicians who battered patients were often placed on the agency's overburdened probation program that provided little oversight.

Hailed by victim advocates, the law, which takes effect in 30 days, will affect all types of health care workers, including dentists, nurses and podiatrists, said Sue Hofer, spokeswoman for the professional regulation department.

In addition to felonies, those convicted of misdemeanor battery in the course of providing care or misdemeanor sex crimes, no matter who the victim is, will be prohibited from practicing.

Prosecutors will be required to immediately notify regulators when they charge a health care worker with such crimes. Those with pending cases can only treat patients in the presence of another health care worker, and patients must receive written notice that makes clear the worker is presumed innocent until proven guilty.

"This will help ensure that any patient seeking medical care should be fully informed about the safety of that care and that offenders are held accountable," said Polly Poskin, director of the Illinois Coalition Against Sexual Assault, which helped craft the law.

It's unclear whether health care workers already convicted of such crimes can lose their license or whether it only applies to those convicted after the law takes effect. "We're still working to sort that out," Hofer said. ..Source.. by Megan Twohey, Tribune reporter

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When Horseplay Becomes a Life Sentence

7-20-2011 New Jersey:

I have read newspapers my entire life. It's a hazardous occupation, with the negative and the stupid and the tragic far outweighing the uplifting elements of society. But I have never felt like this – sick to my stomach and full of anger. Jurisprudence in this country has died with this decision.

In Somerset County, two young boys became branded as lifelong sex offenders for, well, being boys. As fourteen year olds, they roughhoused and in a disgusting act, sat on the face of a fell student with their bare buttocks. As my grandmother once said, it is boys being boys, an unexplainable phenomenon left over from the cavemen days. I certainly do not condone it. I have never done it myself nor had it done to me. Among friends it is known to be a funny, but disgusting form of horseplay. Among those that are not friends, it is the most vile and embarrassing form of bullying and should be punished with significant amounts of suspension, community service, and counseling.

But branding them as perverts, child molesters and rapists? And for the rest of their lives? Today, their neighbors are fretting about the devaluation of the neighborhood, because a sex offender living in a section of town ruins that section of town. When they are eighteen and they go to apply for college, they will be sex offenders. God knows I wouldn't want my freshman in college sharing a room with a sex offender or even being in the same dorm as a sex offender. When they are in their twenties and start to seriously date, they are sex offenders.

God knows I wouldn't want my daughter dating a sex offender, or worse yet, marrying one. At least my daughter could easily find out that he is a sex offender, so she could break off the relationship. When they head out to the job world, they are sex offenders. How often do companies hire sex offenders? When they go and buy a house, you guessed it. Never mind bringing over apple pie; the new neighbors will be protesting up and down the sidewalks. A child molester has moved in next door. If they get through all of this, and are fortunate to have a family, their children will find out that daddy is a branded sex offender.

All because they bullied another boy, did something they shouldn't have done for attention and laughter – something done by countless boys over many generations. Terrible? Yes. Bullying? Yes. Vile? Yes. A life sentence as a sexual predator? Lord help us.

I wondered when the extreme nature of Megan's Law would begin to destroy quasi-innocent people, a law where there is no rehabilitation, no flexibility, no timeline, and no way out. I could be wrong, but a young boy who sits on another young boy for schoolroom giggles is not the same as the man that assaulted and murdered Megan Kanka.

It is torture we have instituted, particularly those branded sex offenders who are not, nor never have been, true sex offenders. I got an idea: let's cut the arms off of children that shoplift.

Shame on the Somerset Appellate Court, and the judges that passed down such a decision. Shame on the trial court judge who found the boys guilty of criminal sexual conduct. Shame on the prosecutors for making a name for themselves with this nonsense. An absentee protest by one or many of them would have been heroic. But instead, collectively, they have ruined the lives of these two young boys. They did the cutting.

Shame on the makers and supporters of this law, for leaving such loopholes in place. Hopefully, the Supreme Court takes this case and changes the extreme aspects of Megan's Law to ensure this doesn't happen again. Hopefully, the decision is reversed and the boys get the boyhood punishment they deserve, not the lifelong sentence they have received. ..Source.. by Brian Campbell/NJ Voices

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Tories announce plans to track sex offenders

7-19-2011 Canada:

The Tories want to force people on the sex-offender registry to wear GPS units, to monitor where they go, and the party also wants to publish the offenders' names and addresses on a public website.

Peterborough's PC candidate Alan Wilson said this will make communities safer, while Liberal MPP Jeff Leal said police already have a "fairly comprehensive" tracking system to know where offenders are 24-7.

Wilson and Parry Sound-Muskoka MPP Norm Miller stood outside the Superior courthouse on Monday during a press conference about the Tory pledge, saying Premier Dalton McGuinty does not make fighting crime a priority.

Tracking with GPS would allow police to monitor offenders "day and night" and "react immediately" if somebody who's banned from certain areas goes to a school or playground, for example, Miller said.

"People deserve to feel safe," Miller said.

He said there are more than 14,000 people on Ontario's sex-offender registry, which is now only available to police.

He said people on the registry would be deterred from going to prohibited places because they know they'll be caught via the GPS. "It would prevent crime," he said.

He said more than 40 U.S. states, Alberta, Nova Scotia and Manitoba as well as the federal government use GPS to monitor certain types of offenders.

While publishing addresses of people on the registry may lead to vigilantism, Wilson said it's a matter of balancing public safety with the public's right to know.

Wilson said the Tories would consult with police about the best way to implement these measures. "That's the smart way to do it," Wilson said.

Leal said he wouldn't comment on publicizing offenders' addresses online.

"Police already know where they are on a 24-7 basis," Leal said. ..Source.. by ELIZABETH BOWER, Examiner Staff Writer

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Colo. woman accused of groping TSA agent in Ariz.

7-16-2011 Arizona:

PHOENIX — Authorities say a Colorado woman who allegedly groped a female Transportation Security Administration agent at Phoenix's international airport is facing a felony count of sexual abuse.

Phoenix police say 61-year-old Yukari Mihamae is accused of grabbing the left breast of the unidentified TSA agent Thursday afternoon at an airport checkpoint.

TSA staff say Mihamae refused to be go through passenger screening and became argumentative before she squeezed and twisted the agent's breast with both hands.

Police were called and say Mihamae admitted grabbing the TSA agent and continued to argue with officers before she was arrested.

Maricopa County jail officials say Mihamae was released from custody Friday. They couldn't immediately provide any information about her case status.

Phoenix TV station KSAZ says Mihamae lives in Longmont, Colo., and is self-employed. ..Source..

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Cooley Law School files suit against lawyers, bloggers

Here is what is being claimed "Cooley Law School sues over online postings." Folks must be careful what they say, and how they say it...

7-18-2011 Michigan:

Cooley Law School filed suit Thursday against a pair of New York lawyers and four bloggers for posting what officials say was false information that damaged the school's reputation.

The school is suing New York lawyers David Anziska and Jesse Strauss for more than $25,000 in damages and a retraction of all defamatory statements posted on the Internet.

Law firm also named

The suit, filed in Ingham County Circuit Court, also names the New York law firm that Strauss founded - and where Anziska works - as a co-defendant.

Anziska said he intended to countersue Cooley for filing a frivolous lawsuit.

"This is one of the most ridiculous, absurd lawsuits filed in recent memory," Anziska said. "This suit is nothing more than a naked attempt at intimidation."

In a separate suit, the school seeks identical damages from four anonymous bloggers.

James Thelen, Cooley's associate dean for legal affairs and general counsel, said the school hopes to establish the bloggers' identities during the lawsuit's discovery process.

'Harm to our reputation'

According to the suit, Anziska and Strauss made defamatory comments online against the school as a way to "troll" for plaintiffs for a "baseless purported class- action lawsuit" against Cooley. The false claims included stating the school inflated salary and employment information of its graduates and that four out of 10 Cooley students are defaulting on loans, the suit states.

"We are recruiting in a tough environment, like everyone else," Thelen said. "We believe there is significant harm to our reputation." ..Source.. by Scott Davis

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Falsely accused man awarded $852K

After finding the allegations "False," esp a few times in a row, why wasn't the woman arrested and charged with filing a false report?

7-18-2011 Maryland:

Unfounded allegations of child sexual abuse cost a Severn man months of quality time with his two young daughters and his job as a mortgage consultant with a local bank.

A county jury found that the false light put on Darryl Ginyard and the punitive damages he incurred after his ex-wife falsely accused him of sexually abusing their children were worth $850,000.

Last week's decision came more than a year after another county Circuit Court judge awarded Ginyard full custody of his girls, now 7 and 8 years old.

Ginyard was seeking $13 million in damages from his ex-wife, Amani Ginyard of Hanover, in a two-day civil hearing in Circuit Court in Annapolis.

According to Darryl Ginyard's attorney, Lorraine Lawrence-Whittaker, the couple had two young daughters. In 2005, the couple divorced. They entered into a custody agreement under which each parent would have equal time with the children.

But two months into the agreement, trouble began, Ginyard testified in court. He said he was scheduled to have the girls over for Christmas 2005. As the holidays approached, his ex-wife said she wanted the children with her.

Ginyard said his ex-wife sent county police to his home, alleging that the children were in trouble and that he was trying to take them out of town.

The following February, on Valentine's Day, Ginyard had custody over his eldest daughter while his ex-wife had their youngest girl. After that visit, it was alleged that Ginyard sexually abused his eldest daughter during the visit. The allegations were investigated and ruled unfounded.

Over the next two years Ginyard was accused of sexually assaulting both daughters seven more times. All of the accusations were ruled unfounded. He testified last week that as the allegations accumulated, questioning by detectives went from hour-long talks to two- to three-hour interrogations.

During the investigations, he lost custody of his children. After an allegation in March 2006, Ginyard wasn't allowed to see his girls for nine months. Starting in September 2007, following a separate allegation, he went six weeks without being allowed to see his girls.

The false reports also affected his job.

In 2006, sometime after his company's human resources department was notified of a court subpoena for child sexual assault, Ginyard was let go from his job at the bank, he testified. He was not able to find work with a bank until January of this year, he said.

All eight allegations, between February 2006 and March 2008, were first made to a therapist that Amani Ginyard took her girls to see. It is mandatory for therapists to report sexual abuse of minors that they learn about in private sessions.

Lawrence-Whittaker said the girls' mother was the only person alleging sexual assault to the therapist on behalf of her daughters. She said Ginyard would tell the therapist that the girls confided to her about the repeated sexual abuse.

But the girls denied to various parties, including court-appointed officials, that anything ever happened.

In February 2010, after a two-day trial, Circuit Court Judge Paul F. Harris Jr. ruled that the allegations were false and that Ginyard did nothing to his children. Harris reversed the earlier custody decision, giving primary custody to Darryl Ginyard. The girls' mother now gets visitation.

Lawrence-Whittaker said the case since has gone to the Court of Special Appeals, which upheld Harris' ruling.

Ginyard testified that the years of false allegations damaged his relationship with his daughters. He said he has become withdrawn with the girls and is afraid to do things normal parents do - like hug or snuggle with his children while watching a movie.

"I don't let them stay in my room a lot," he said. "I have to distance myself from them, no matter how much I care about them, because of the way things have transpired.

"… I don't want to put myself into a position like that at all."

Amani Ginyard's attorney, Michael G. Morin, said Darryl Ginyard did not suffer enough to get the money he was demanding.

He said his client didn't publicly accuse her ex-husband.

"He has suffered zero damages except his ego," Morin said.

He called Ginyard's lawsuit "a shot at the lottery."

But the jury thought differently, awarding Ginyard $2,000 in attorney's fees for malicious prosecution, $800,000, including attorney's fees, for being placed in a false light, and $50,000 in punitive damages.

The hearing was a chance for Ginyard to defend himself, his attorney said.

It was his "one chance to come before a jury and tell his story and tell what the allegations of sexually abusing your two young daughters do to you," Lawrence-Whittaker said.

"She dragged him through the mud," she said.

Amani Ginyard said she simply communicated her concerns of sexual abuse based on what her daughters were telling her and the emotional behavior that took place during those times. ..Source.. by HEATHER RAWLYK, Staff Writer

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Sex offender named interim Morriston fire chief

7-16-2011 Missouri:

A dispute at a recent Morriston Volunteer Fire Department meeting led to a vote to remove Chief Curtis Raines and his wife, Angie, from the board of directors and dismiss them as firefighters.

That decision stunned many area firefighters, because of the Raines' dedication to developing training programs, which have allowed firefighters at all area departments to receive required training in the county, as opposed to traveling to other counties.

In addition, the Morriston VFD Board decision to elevate Captain Marshall Armstead to interim chief shocked many in the firefighting community, because Armstead is a convicted sex offender, required to register with the state sex offender registry.

"I don't feel comfortable having Marshall Armstead as chief," said a Morriston Fire Department member, who called The News the day after the leadership shakeup.

The problems arose at a Morriston Fire Department board meeting on Tuesday, July 5, when Captain Armstead criticized Chief Raines, who had served as chief for more than two years, for failing to remove an unsafe tanker truck from service.

According to three board members who were at the meeting, Armstead claimed he told Raines in March that a broken leaf spring in a tanker truck made it dangerous to drive.

Raines denied knowledge of the problem and asked Armstead why he had not immediately removed the truck from service himself.

Board President Al Poole joined the discussion, claiming Raines had placed firefighters in danger by allowing an unsafe vehicle to operate since March.

Raines left the meeting in frustration saying, "I'm done. I'm resigning as chief."

Poole then turned his attention to Angie Raines saying, as safety officer, she failed to do her job, since an unsafe truck remained in use.

As Poole asked for a motion to remove the Raines' as board members, Angie Raines also left the meeting, and a board vote removed the Raines' as board members and firefighters.

The board then choose Armstead to serve as interim chief.

"This has been building up for some time," said board chairman Poole. "The Raines' did a great job on training but, in day to day operations of the department, there were problems. Curtis has no people skills. He doesn't deal with people well."

Had the board notified the chief of shortcomings they felt needed to be corrected?

"Not in writing," Poole replied.

"We were stunned," said Angie Raines, about the meeting. "We were never warned (of problems), never written up, never given a "talking to."

Raines added, "It (the board meeting) was obviously all planned to get rid of us. We would not knowingly leave an unsafe vehicle in service. Safety is everyone's shared responsibility. If we were at fault, Marshall was just as wrong, because he supposedly knew about the problem since March and did nothing. What was his punishment?"

Did the fire department board go into its meeting knowing it was going to fire Curtis Raines as chief?

"We were going to take a vote," said Poole, who admitted Raines had not been informed his job performance was on the agenda.

"To me, it was a little extreme (removing the Raines' from the board and terminating them as firefighters)," said Armstead. "But I'm just the Secretary with one vote and it was a group decision." Armstead claimed he thought Raines was just going "to get a good chewing out" and denied orchestrating a plan to make him chief.

As for making Armstead interim chief, Poole said, "We decided to give some probation time to see if he could do the job. See how it will play out. I knew there was going to be trouble over this."

While others have raised the issue of a sexual offender serving as chief, Poole added, "He (Armstead) has benefited this community for 14 years (as a firefighter). I support him, and I'm a law and order person. I support Marshall in this case because I know him. He made a mistake and has worked to make sure it never happens again."

Records at the Arkansas Crime Information Center indicate that Armstead was convicted of two counts of rape and one count of sexual abuse.

"I was arrested in 1994 and pleaded guilty in 1995," said Armstead, who confirmed the charges involved two young women.

According to Armstead, he was first classified a level two sexual offender, an offender with a moderate risk of reoffending.

Between 2002 and 2007, Armstead was classified as a level three offender, an offender with a high risk of reoffending.

Armstead said his classification was raised because he failed to register and verify his address and other information, as required by law.

When allowed to request a new assessment after five years, Armstead's classification was dropped back to a level two.

"I have been a volunteer firefighter for 14 years with no problems," said Armstead. "I don't try to hide the fact I am a convicted felon and a sex offender, but I don't see it as an issue as far as serving as chief. There is no law that says I can't serve. I made a mistake 17 years ago and I paid the price for it. I have tried to be a better person and serving the community is one way I am doing that."

A long time firefighter from another department has mixed feelings about Armstead's appointment as chief.

"I believe in second chances," the firefighter said, "but what family will feel comfortable if their daughter or wife needed medical care and the first responder who arrives is a convicted sex offender?"

Angie Raines said she and her husband were aware of Armstead's sexual offender status and tried to make sure department policy, requiring two members to be present for a first responder run, was always followed.

That prevented Armstead from being alone with a victim or family members during an emergency run.

As word spread of their termination, Assistant Chief Troy Decker resigned from the department.

In addition, the Raines received many calls of support from area firefighters, some raising the question of whether a registered sex offender should serve as a fire chief.

"I am not going to question Marshall's right to be chief," said Raines. "I believe in second chances."

Disbelief was the response from Paula Stitz, who operates the Arkansas Sex Offender Registry, when informed one of her offenders had been appointed fire chief.

Stitz said it was very unusual for a sexual offender to seek a position of authority, which might put him in the public spotlight.

Rather than question whether a sexual offender should be a fire chief, Stitz said she would, generally, question whether an offender should be on a department at all.

According to Stitz, a firefighter goes into homes, as a first responder, where he could encounter temptation to reoffend, as he interacts and deals with members of the public.

While it might be commendable, that a sexual offender would seek training to help the community as a volunteer firefighter, Stitz said not serving in such a position would be "part of suffering the consequences" for sexual abuse convictions.

After a week of turmoil at the Morriston Fire Department, Marshall Armstead is looking to the future.

"We have already gained back two firefighters who left while Curtis was chief," Armstead said. "I will continue to offer training classes, and am going to Camden for two weeks to attend classes to become a certified instructor who can teach academy level classes."

Armstead expressed hope that the Raines may one day return as instructors adding, "They (the Raines) have done a good job, a great job. They brought this department up, from waist high to above head level. I wish them the best."

Board Chairman Poole said the board is instituting a new safety policy in which, each month, one department vehicle will be taken to a repair shop for a complete inspection and maintenance.

Because he admitted to the possibility that some board members may not have known of Armstead's criminal conviction when they chose him as chief, Board President Poole held a special board meeting on Sunday, July 10.

At the meeting, Armstead spoke to the board, including two new members who replaced the Raines, and Armstead's selection of Chief was unanimously upheld.

Poole added, at the next board meeting, he will ask for a vote of confidence.

"I have been on this department for 21 years. I am 73 years old. If anyone else thinks they can do a better job, they are welcome to take my place."

The Raines say they have received offers to join other area fire departments, but plan to take a break from the fire service for now. ..Source.. by Richard Irby, Staff Writer

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Readers ask about bridge, sex offender, fairgrounds

7-16-2011 Nebraska:

Q: Why was a convicted sex offender recognized as an academic honorary and college scholarship winner in the York News-Times? What about the victim’s life he destroyed? Why do the taxpayers have to pay his way to a better life?

A: First, listings and announcements of scholarship winners are made by the colleges, universities or foundations from which they originate — the News-Times does not automatically have such information until it is provided by the institution. The validity of such information is also verified this way.

Secondly, the copy editor does not run criminal and/or background checks on every single name that is submitted for scholarships, honor rolls, dean’s lists, awards, etc. Nor is that necessary, as the fact of this particular matter was that this person had been awarded a scholarship by an institution and it had nothing to do with his status as a sex offender.

It should also be noted that the copy editor does not recognize each and every name that comes across the news desk as that would be virtually impossible, and again, unnecessary.

Lastly, direct tax dollars were not utilized for providing such a scholarship. This was a scholarship provided through a private institution that is not funded by tax dollars. ..Source.. by News-Times Staff

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Here's how to clear your criminal record

7-16-2011 Ohio:

CANTON —

Have a criminal record but think you might qualify for expungement? The Greater Stark County Urban League will be holding a clinic Thursday from 5 to 7 p.m. for eligible felons who want to clear their records.

Doyle Walker, the Urban League’s re-entry specialist, said the clinic will help eligible felons prepare the paperwork to apply for expungement, which can be granted only by a judge.

A $25 fee is required to participate in the clinic, and there is a $50 filing fee for the expungement application, although that can be waived for indigent applicants, Walker said.

For more information or to register for the clinic, contact Walker at 330-456-3479.

Situations in which you may qualify for expungement:

• You are first time offender convicted of a non-violent crime
• You were found not guilty
• The case was dismissed
• You received a “no bill” from a grand jury

Offenses that don’t qualify:

• DUI/OVI
• First- and second-degree felonies
• Crimes of violence
• Crimes where the victim was a minor
• Crimes that carry mandatory prison terms ..Source.. by CantonRep.com

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Few sex offenders deemed 'violent predators,' audit finds

7-14-2011 California:

The year before California voters passed Jessica's Law, a broad crackdown on sex offenders, the state prison system referred 512 potentially "violent predators" for examination.

By 2007, the year after the law (Proposition 83) passed, that number had rocketed by more than 1,600 percent. Meanwhile, the number of convicts actually deemed sexually violent predators almost tripled, from 15 in 2005 to 43 in 2007.

But the number of convicts considered violent predators has dwindled in the years since, according to a report released yesterday by the California State Auditor. After a significant uptick in sexually violent predator commitments in 2006 and 2007, the number dropped to 16 in 2008 and just three in 2009, according to data collected by the auditor.

The auditor's examination [PDF] also found that the Department of Corrections and Rehabilitation has been referring far more inmates for examination as possible sexually violent predators than the law permits. Rather than discerning which sex offenders to refer, the prison system has instead forwarded all such offenders for review.

Further, the corrections department has not given the state Department of Mental Health the required six-month lead time for examinations.

Corrections officials confirmed the findings. "We agree that improvements can be made in streamlining the process and have already implemented steps to improve the timeliness of our referrals to DMH," wrote Scott Kernan, the corrections undersecretary.

Offenders deemed predators are committed to treatment by the mental health department after finishing their prison sentences.

Jessica's Law made it easier to designate a predator in two ways. First, it expanded the number of criminal offenses that can earn a convict that label. Second, it changed the law so that all sex offenders who have one victim of a criminal sex act can potentially be deemed a predator; in the past, an offender had to have committed crimes against at least two victims.

Perhaps the most noteworthy finding in the audit report is how few convicts the state's court system has committed as sexual predators.

Since 2005, 59 percent of California's released sex offenders violated their parole; however, just 1 percent (134 convicts) committed a new offense. One committed a new sex offense.

The auditor concluded that the corrections department forwarded for review all inmates convicted of any sex offense, not just those designated under Jessica's Law. More than 14,000 cases (45 percent of all referrals) were sent to the mental health department, despite the fact that the agency had previously concluded the inmates were not sexually violent offenders.

The report concludes the huge number of referrals is the result of unintended consequences.

"By expanding the population of potential SVPs to include offenders with only one victim rather than two, Jessica's Law may have unintentionally removed an indirect but effective filter for offenders who do not qualify as SVPs because they lack diagnosed mental disorders that predispose them to criminal sexual acts. In other words, the fact that an offender has had more than one victim may correlate to the likelihood that he or she has a diagnosed mental disorder that increases the risk of recidivism." ..Source.. by Ryan Gabrielson for California Watch. Story courtesy of our media partners at California Watch (A Project of the Center for Investigative Reporting)

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A.G. DeWine; Court Decision Puts Sex Offenders' Status In 'Real Question'

Whast we see here is a State AG very upset implying that, those who will not have to be reclassified according to the Adam Walsh way, will not be covered by Ohio's sex offender laws. In fact he is wrong, he forgets that they will just go back to being classified as they were before the law, and their classifications will not change. We cannot forget, the AWA way is to make registrants LOOK WORSE than they were determined to be by judges, now that will not happen in Ohio. The implications in the video are plain wrong!

7-14-2011 Ohio:

26,000 sex offenders in Ohio will not have to abide by tougher monitoring guidelines after a decision made by the Ohio Supreme Court Wednesday.

According to the decision which was made 5 – 2, sex offenders in Ohio cannot be subjected to stricter monitoring of their whereabouts if they committed their crimes before 2007.

Ohio Attorney General Mike DeWine says the decision puts the status of those sex offenders in real question.

“We've got to scramble,” said DeWine. “We've got to go back and see what we can do and it's imperative that we do it very quickly.”

He says the decision made by the Ohio Supreme Court is pretty straightforward.

“Some people, for example under the old law, had to register for ten years. New law came along and said ‘no, that's not long enough, you've got to register for the rest of your life,’” said DeWine. “Supreme court says you can't do that."

Within a two mile radius of Pat Lawrence's Clintonville home, there are three sex offenders. All of whom will be impacted by this decision.

“I just don't think it's right really,” said Lawrence. “I think it should apply to people that committed them back in the eighties. If you did, you should have to register especially if it’s against a child or something.”

DeWine says he isn't surprised by the decision.

The question now though is where do they go from here?

He says he has plans to meet with the state legislature to find out what can be done.

“We do need to go back and make sure they (sex offenders) are covered some way so that these people are not just out without any law covering them at all,” said DeWine. “It is what it is and we have to live with it and we may not like it, but we have to live with it and we'll go back and do what we can do to protect Ohio families.”

Even with this decision, DeWine says he believes a vast majority of sex offenders would still be covered in some way and would still have to register. ..Source.. by Tom Brockman

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Georgia Passes Sex Trafficking Law With Heavy Penalties

7-12-2011 Georgia:

Georgia has passed one of the nation's toughest laws on human sex trafficking, giving victims advocates greater hope that other states will follow suit.

The intent of the law is to impose tougher penalties on criminals and provide more treatment options for victims. The new law is the result of a four-year battle that sought to satisfy religious conservatives who argued the changes could in essence legalize prostitution, and children’s advocates who maintain a safety valve was needed for victims forced into the sex trade.

“This is America’s dirty little secret, these are crimes the public doesn’t see, that the public doesn’t want to believe exist; these are hidden victims,” said Ernie Allen of the National Center for Missing and Exploited Children to The Associated Press.

“Historically, what law enforcement has tended to do is to arrest the kid,” Allen said. “We’re trying to ensure that they focus on the pimp and the customer.”

Senator Renee Unterman (R-Gwinnett) told The Christian Post that she first began working on the legislation more than five years ago.

“The first bill we passed three years ago mandated that anyone who had knowledge of sex trafficking would be required to report it,” said Unterman. “I brought the tougher legislation because Atlanta is a known hub for the sex trade for both boys and girls since Atlanta is a major hub city.”

After educating her legislative colleagues about the real problems of sex trafficking in Georgia, members of both sides of the aisle began to support her efforts.

The bill enforces a 25-year minimum sentence for anyone convicted of using coercion to traffic someone under the age of 18, and imposes a minimum sentence of five years on those who pay for sex with a 16 year old. People trying to have sex with someone even younger face a minimum of 10 years behind bars.

In order to satisfy her colleagues and the conservative groups who opposed and defeated the bill last session, Unterman added stiffer penalties.

“My biggest challenge came from the conservative women’s group who were concerned I was trying to lower the age of consent in Georgia,” said Unterman. “Believe me, that’s the last thing I was trying to do. I don’t think for a second any young person wants to be a prostitute. I believe most are forced into the trade or are trying to survive on the streets. I think this bill will give them a fighting chance.”

Keisha Head knows first-hand the damaging impact sex trafficking can have on a young teenager. She was lured into a life of prostitution at the age of 16 after she ran away from home. Throughout her ordeal, Head was repeatedly raped and abused by her pimp and others.

“I became numb to what I was doing,” Head told AP. “I guess that is the survival instinct to become numb when inflicted with such an ordeal.”

Media outlets, including the Associated Press, do not normally identify victims of sexual assault. However, Head agreed to let her name be used to illustrate the dangers of child prostitution.

“They need to turn up the heat,” she said, “and start convicting the predators or the pimps who are exploiting the children.”

A Future. Not a Past (AFNAP) is a statewide campaign to stop the prostitution of girls in Georgia and is spearheaded by the nonprofit, Juvenile Justice Fund. They are putting up billboards in the Atlanta area to educate the public about the dangers of child prostitution and to scare off potential predators. ..Source.. by Paul Stanley

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Child-porn conviction vacated, ex-Pierce sheriff can own a gun

7-10-2011 Washington:

As far as the official record is concerned, retired Pierce County Sheriff Mark French is no longer a felon convicted of possessing child pornography.

Superior Court Judge Bryan Chushcoff on Friday signed an order vacating French’s 2004 conviction and another restoring his right to possess firearms.

“My hands are kind of tied about this,” Chushcoff said after a brief hearing.

French, who retired from the Sheriff’s Department in June 2000 after a 30-year career, did not attend the hearing.

His attorney, Donald Winskill, argued that under state law, French qualified for both a vacation of his conviction and the restoration of his firearm rights.

The law allows people convicted of the crime for which French was convicted to seek to wipe their records clean and get their guns back if they comply with the conditions of their sentences and remain crime-free for five years, Winskill said.

His client qualifies, he said.

French, 62, pleaded guilty in July 2004 to a single felony count of possession of depictions of minors engaged in sexually explicit conduct. Chushcoff sentenced him to 30 days of electronic home monitoring, one year’s probation and $710 in court fines and other conditions.

Tacoma police raided French’s houseboat in April 2003 as part of an investigation into a Russia-based child porn website.

Officers found more than 100 sexual photos of children on his laptop computer, court records show.

Deputy prosecutor Brian Wasankari on Friday did not oppose vacating French’s conviction – agreeing the former sheriff qualified – but argued French should not be able to possess guns again.

Since French’s conviction, the Legislature changed the law to classify possession of child pornography as a sex crime, Wasankari said. Felons convicted of sex crimes cannot petition to have their gun rights restored, the deputy prosecutor said.

Possessing child pornography was not classified as a sex crime in 2004, and the former sheriff was not required to registered as a sex offender as a result.

“What we fall back on is the statutory law currently in effect, and that law tells us Mr. French doesn’t get his gun rights back,” Wasankari said.

Winskill argued the change in the law was not meant to be retroactive and pointed to case law supporting that contention.

Chushcoff agreed with Winskill, pointing to a 9-0 Washington State Supreme Court decision of last year that backed the defense attorney’s point.

“He’s entitled to his gun rights back,” the judge said. ..Source.. by ADAM LYNN; Staff writer

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Louisiana Listed Among States in Compliance with Federal Adam Walsh Act

Again we see another state violating the rights of registrants in the name of AWA, the law which is but a end-run around constitutional protections, and crafted behind closed doors by a few persons in Congress and passed under suspension of the rules which is not allowed for such legislation. Louisiana succumbs while other states hold back. There is nothing uniform about the Adam Walsh Act, it creates a state of confusion designed to harm those registered under it under the pretext (ruse) of protecting the public.

7-2-2011 Louisiana:

Attorney General Buddy Caldwell announced today that the United States Department of Justice has determined that Louisiana is in substantial compliance with the Federal Adam Walsh Act. The state now joins just seven other states which have substantially implemented Title I of the Adam Walsh Child Protection and Safety Act of 2006, also known as the Sex Offender Registration and Notification Act or SORNA.

"This finding of substantial compliance was based on numerous legislative, policy and technological changes and updates made in recent years with regard to sex offender registration and community notification," said Attorney General Buddy Caldwell. "These efforts were spearheaded by the Attorney General's Office in cooperation with the Louisiana Sheriff's Association, the Louisiana District Attorney's Association, the Department of Public Safety and Corrections, State Police, the Office of Probation and Parole and the Louisiana Legislature."

Congress passed the Adam Walsh Child Protection and Safety Act in 2006, following several high-profile stories of sex offenders who were bouncing from state to state to assault and kill children.

The mandate requires every state to adopt more uniform standards for registering sex offenders by July of this year. Its backers crafted the legislation so offenders would have a harder time evading authorities, especially when crossing state lines. The National Center for Missing and Exploited Children estimates there are more than 780,000 sex offenders nationwide with about 100,000 living in violation of their registration requirements.

In 2007, the Louisiana Legislature passed House Bill 970, which was signed by the governor as Act 460 and became effective January 1, 2008.

States that fail to comply with the upcoming federal deadline risk losing 10 percent of their Byrne JAG funding annually. That money is used by law enforcement and other criminal justice agencies to purchase equipment, provide training, and help victims. Louisiana would have faced losing roughly $450,000.00 of this funding for failing to comply by the deadline. ..Source.. by KATC.com

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UPDATE: Officer resigns after asked to register as sex offender

7-9-2011 Texas:

CHINA GROVE, Texas - A police officer has resigned after he was asked to register as a sex offender.

China Grove Mayor Dennis Dunk told News 4 WOAI during a phone interview Friday that Police Officer Daniel Casas, 48, resigned from the force on July 5th. This after the Bexar County Sheriff's office arrested him for failing to register as a sex offender.

According to Mayor Dunk, Casas stated, “It's not an admission of guilt but is in the best interest of the city of China Grove to resign after learning of the warrant issued by the Bexar County Sheriff’s officer for failing to register as a sex offender.”

Earlier in the day Friday, the Bexar County Sheriff's Office informed News 4 WOAI that they had to get a second warrant for Casas' re-arrest. That second warrant was issued because the Bexar County Sheriff's Sex Offender Registration Office says Daniel Casas refused to come in and register as a sex offender.

“The second warrant was generated and issued because of the fact Mr. Casas has failed to report within the seven days required by the state of Texas,” explained Mario Enriquez from the Bexar County Sheriff's Office.

The mayor claims they have no record of Casas having any criminal history.

"Daniel Casas was hired by the city of China Grove, and we did a background investigation, which is standard procedure, and it showed no criminal history,” Mayor Dunk stated.

Enriquez says Casas must register even though he took a plea deal for the charge of indecency with a child by contact in 1991.

“Because he was given deferred adjudication for ten years does not release him from his state mandated requirements as a sex offender,” explained Enriquez. “In 2005 the law made a change to where if anybody was convicted after 1970 needs to register.”

Mayor Dunk said that during Casas' tenure as a China Grove police officer, “There were no reported incidents."

Dunk then added, "This whole thing is very puzzling.” ..Source.. by Jozannah Quintanilla

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King Jade II owner regrets bringing sex offender to Grafton

7-8-2011 Massachusetts:

GRAFTON, Mass. - Nathan Nguyen, owner and manager of Grafton's King Jade II Restaurant, is having second thoughts about the delivery driver he recently hired.

Robert Victor Dumont, 67, of 234 Church Avenue, Northbridge, is a Level 3 sex offender recently hired by the King Jade II Chinese Restaurant at 78 Worcester Street, Grafton. The announcement of his registration with Grafton Police as the town of Grafton's fifth Level 3 sex offender caused a stir at the restaurant within hours.

Nguyen said he has already had so many complaints at his Grafton branch that he has decided not to allow Dumont to make deliveries in the town of Grafton, citing fear of a backlash from local residents and the potential loss of business as the reasons for his decision.

"He's just a driver, so we don't want to make a big deal out of it," Nguyen said on Wednesday. "But the town made a big deal out of it, so we need to do something."

Prior to working in Grafton, Dumont was making deliveries in Northbridge for Nguyen and fellow owner Wei Ming Dai's original business, the King Jade, at 1229 Providence Road, Whitinsville. Dumont had worked for the company under it's previous owner, Salina W. Chen, before Nguyen and Dai bought the business in 2004.

Dumont explained that he had worked for the company in the past when applying to return to the King Jade back in April of this year. Nguyen said he had no knowledge of Dumont's criminal past, nor did Dumont inform him of his record. Nguyen said he did not run a background check because the employee already had a history with the company.

The King Jade in Northbridge is currently under renovation, so Nguyen originally moved Dumont's employment to Grafton to keep him working while the Northbridge restaurant was inactive.

When Dumont registered with the town of Grafton, as required by law, Nguyen became aware of the conflict of interest in allowing a convicted sex offender to deliver food to Grafton homes.

Instead, Nguyen will no longer allow Dumont to make deliveries in either Grafton or Northbridge. Instead, Dumont will work the front desk in Northbridge, as it turns out Northbridge residents had also complained of his making deliveries as recently as two weeks ago.

"He's going to work [in Northbridge] now," Nguyen said. "He was trying to help us out over there [in Grafton], but right now there are so many complaints over there."

Dumont is no longer under parole and is free to work for any company willing to hire him, but after receiving as much negative feedback as has arrived in the past 24 hours, Nguyen is balking at keeping Dumont on staff at all.

"Maybe not," was Nguyen's only response.

Under state law, those convicted of a sex offense are classified by the state's Sex Offender Registry Board in three categories. Level 1 indicates a very low risk of re-offense. Level 2 indicates a moderate risk, and the names of these offenders are available by request through the local police department and the Sex Offender Registry Board. Level 3 is a high risk to re-offend, and their names are not only made public but their photographs, addresses and offenses are posted in public places -- in Grafton's case, in the Municipal Center, at the Police Department and on the Police Department's website.

And as far as his comfort level with having a Level 3 sex offender as part of his business...

"No, right now I'm not comfortable," said Nguyen. ..Source.. by Jeremy Rice

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New VA Law Gives Victims More Time to Sue Sex Predators

7-8-2011 Virginia:

In 1965, Father William Reinecke, a parish priest in Alexandria, sexually abused 8-year-old Becki Ianni. At one point, the Burke resident now recalls, this occured as she sat on his lap watching television in her family’s basement while her mother prepared dinner upstairs.

The abuse went on for "a few years," said Ianni, who is now 53. She carried this secret for 41 years, deeply burying the memories until 2006, when she remembered the abuse and told her husband and therapist.

Last January, Virginia legislators also heard her story, when she testified in support of legislation that increases the time limit under which victims of sexual abuse can file civil suits.

HR 1476, which passed and was signed into law by Gov. Robert McDonnell on April 15, took effect July 1. With this new law, victims can sue their abusers up to 20 years from the time of the incident, after the victim turns 18 years old or after the victim recalls the abuse. Previously, the statute of limitations was two years.

Virginia Del. Dave Albo, (R-42nd) who sponsored the bill in the House of Delegates, told the Burke Connection: “If someone molests a child, victims can now sue the perpetrator for the pain and suffering [they’ve endured] even if they don’t realize what was done to them was wrong and illegal until they get therapy.”

In the U.S. Catholic publication, church officials argue that state limits on child sex abuse cases are so varied that it makes for a “confusing picture.”

Reinecke was the parish priest for St. Mary's Catholic Church in Alexandria beginning in 1965 and left the church in 1969. He also served at St. Ambrose in Annandale and St. James in Falls Church.

A year after graduating college, Ianni married her husband and settled in Burke to raise their four children, now ages 28, 27, 23 and 21.

In 2006, while looking through old family photo albums, Ianni found a picture of Reinecke and herself, age eight or nine, sitting on a sofa—a picture that changed her life.

“When I saw that picture, I felt sick to my stomach,” she says. “And I got very agitated.”

A few days later, she experienced flashbacks of the sex crimes perpetrated against her. She immediately told her husband and a therapist.

The buried memories and trauma came rushing out, she says, and from that day forward, she has walked a bumpy road to health and healing.

Ianni says she feels lucky that right away she found refuge with a group called SNAP, Survivors of Those Abused by Priests.

Founded several years ago in response to the public awareness of sex abuse in the Catholic Church, SNAP is described on their website as the largest, oldest and most active support group for women and men wounded by religious authority figures (priests, ministers, bishops, deacons, nuns and others). They are an independent and confidential organization, with no connections with the church or church officials.

Currently Ianni serves as SNAP’s Virginia state leader and the Northern Virginia Co-Chapter Coordinator. She stresses that assistance is available for victims from any religious background.

From her first phone connection with SNAP, she recalls, she felt “supported, heard and important.”

For her healing journey, Ianni says she filed a police report against Reinecke, which she knew was a symbolic process. (Reinecke, who committed suicide in 1992 days after being accused of abuse by a former altar boy, was one of 31 Washington-area priests identified in a Washington Post investigative report documenting the whereabouts of priests accused of abuse.)

In 2007, she told her story to the Arlington Diocesan Review Board which called her allegations "credible." Ianni says she asked them for a written apology and an announcement in the Arlington Catholic Herald newspaper. She also received a cash settlement from the Diocese.

During her testimony last January in Richmond, Ianni recalls telling the lawmakers how Reinecke told her, "I would go to hell if I told anyone." She said she thought it was her fault. "I thought I was a bad, silly little girl and I was being punished."

The healing is not just focused on her. These days, she works tirelessly on behalf of all victims of sexual abuse, known and unknown, in Northern Virginia, across the United States and now in Europe through her SNAP membership.

Ianni admits she still has a lot of healing still to do, but that the guilt and shame lessens over time especially by working with others in the SNAP movement.

"I was victimized," she says, "but it’s not who I am; it does not define me."

"The best thing I ever did for my healing was to join SNAP," Ianni says. "SNAP is my second family—they make me feel normal." ..Source.. by Elizabeth Vandenburg

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