9-30-2011 California:
New law allows Department of Justice to review cases to determine whether an out-of-state sex offender moving to California has to register as a sex offender.
Bipartisan legislation dealing with out-of-state sex offenders was signed into law Thursday morning by Gov. Jerry Brown.
The legislation, authored by Assemblyman Paul Cook (R-Yucca Valley) and State Sen. Ellen Corbett (D-San Leandro), allows the Department of Justice to review cases to determine whether an out-of-state sex offender moving to California has to register as a sex offender, Cook said.
Currently, a person required to register as a sex offender in another state might not be required to register in California if the laws of the home state do not mirror those in California, according to Cook and his staff.
Until 2010, the California Department of Justice reviewed and interpreted the laws of other states in cases where the conviction did not mirror California sex offender statutes, according to Cook.
But a court decision that year barred the Department of Justice from performing this function.
"When the courts barred the Department of Justice from reviewing these sex offender cases, they created a virtual safe haven for sexual predators," Cook said in a prepared statement. "With the passage of this bill, California can review these out-of-state cases, which will result in one more barrier to preventing these criminals from evading law enforcement.
"I started working on this issue as soon as I heard about the court decision in the summer of 2010," Cook continued. "It took a long time to get through the Legislature, but I'm happy that we did it in a bipartisan way, and that the Governor realized the importance of the bill. This law will ensure that dangerous sex offenders moving to the Inland Empire and other parts of our state can't use a technicality to avoid registration." ..Source.. by Guy McCarthy
September 30, 2011
No California Dreamin' For Out-Of-State Sex Offenders
September 29, 2011
Police re-release man after witness admits error
9-29-2011 Oregon:
SPRINGFIELD — A man with previous convictions for sexually abusing children was released from jail a second time Wednesday night after a witness told police that she had mistakenly identified him.
Randy Tompkins, 48, was released from jail Wednesday evening, 24 hours after he’d been taken into custody at his home Tuesday by Springfield police. He had been booked Tuesday into the Springfield Municipal Jail on a charge of loitering at a location frequented by children, with bail set at $1,500.
Tompkins was initially arrested Friday after the coach of a girls soccer team reported seeing him talking to children at Riverbend Elementary School the previous day and then found him listed as a registered sex offender. He was released Monday after prosecutors declined to file new charges, and police re-arrested him Tuesday after further investigation.
On Wednesday, however, the witness called police to say that the man she had thought was Tompkins was again at the school, and that the man was actually another team’s coach who was at the school legitimately. Police investigated and found the witness’ new information to be credible, Sgt. David Lewis said Wednesday night.
As a result, Tompkins was again released from jail, Lewis said. ..Source..
Exploding toilets injure 2 federal workers
9-29-2011 Washington DC:
Washington is known for explosive situations. Just this week Congress pulled itself back from the verge of a government shutdown — the third in less than a year.
But the explosive situation in the General Services Administration headquarters on Monday was a doozy, even for the nation’s capital. Toilets literally blew up into tiny shards of porcelain, seriously injuring two federal employees. One was taken to the hospital.
The toilet explosions became irresistible Web fodder for snickering and bad potty humor. And just as irresistible for many was the symbolism it provided for those highly frustrated with Washington these days.
The rare accident, which started in a water tank on the roof of the agency’s capital region headquarters Monday morning, quickly became representative of Washington’s ills — from the bureaucratic response to the venom it released against the government and its employees.
“How many $1,200 toilet seats has the government bought, and here we have a toilet going boom!” mused Chuck White, vice president of technical and code services for the Plumbing-Heating-Cooling Contractors Association. “I’m sure people think this is just one more example of our government in action.”
By the time his wife in Indiana found his expert-weighs-in quotes in the Huffington Post on Tuesday night — in a story under “Weird News” with a video of a plumber checking toilet pressure — the tale of the exploding toilet had gone viral.
“A new way to get government employees off their butts,” a reader wrote in one of the tamer comments. “Now we need to install the same equipment in the halls of Congress.”
The halls of the GSA’s public affairs office went silent for 48 hours.
The D.C. fire department was called to Seventh and D streets SW at 11:50 a.m. Spokesman Pete Piringer said his crew got a call about an injured person on the fourth floor and was directed to the restroom, where a woman had serious cuts to her leg from “flying debris.”
Another toilet on the first floor had exploded within minutes of the first one, injuring another employee using the bathroom at the same time.
The 2,500 federal employees in the eight-story building were sent a memo declaring the 64 bathrooms and 320 stalls off-limits because the plumbing had malfunctioned and the situation was dangerous. The regional headquarters for the government’s real-estate agency is shared by the GSA and the Department of Homeland Security, which leases space. The two people injured were DHS employees.
The assignment desk at WUSA-TV Channel 9 got the memo in an e-mail from a viewer.
“It had all the earmarks of a prank,” news director Fred D’Ambrosi said Wednesday. A reporter aired the story as a brief voice-over on the 7 p.m. newscast. CNN linked to it, and the story took off on the Internet.
GSA spokesman William Marshall Jr. issued a statement Monday describing a “building mechanical incident” that injured at least one employee.
He re-issued the statement 24 hours later, with assurances that the toilets were working again. He declined to be interviewed about what caused the explosion, the identities of the workers, their condition or which agency employs them.
Or answer the question: Can a toilet really explode?
Yes. But it’s a perfect storm, written up in plumbing textbooks and witnessed by few in the trade.
Water in a building as old as this one, built between 1930 and 1935, needs to flow at a higher pressure to reach the top floors. A storage tank boosts the pressure, using air as a spring to push water through the pipes.
GSA spokeswoman Emily Barocas said Wednesday that the tank’s control system malfunctioned, plunging the water level below normal and allowing air to seep into the pipes, where it shouldn’t be because it gets compressed.
The air hit the toilet bowls when they were flushed, and the result was not pretty.
“You get a geyser,” White said. “A recipe for disaster.”
Although the average pressure in a water pipe is about 25 pounds per square inch, the slug of air in the GSA toilets was probably released around 60 pounds, he said.
By 1:30 p.m. the toilets were working again, Barocas said. DHS spokesman Matthew Chandler said the agency is “providing any assistance that we can” to its injured employees.
Maintenance and inspection of the plumbing system is shared by the agency’s staff members and by contractors.
“To have an explosion like that, it means the pressure had been building up,” said Bruce Williams, national council president for the GSA chapter of the American Federation of Government Employees. “Who was responsible for checking the water pressure?”
No answers yet. The incident is under investigation. ..Source.. by Lisa Rein
September 28, 2011
Wrongly convicted Virginia man seeks exoneration
9-28-2011 Virginia:
RICHMOND, Va. (AP) — Lawyers for a Richmond man imprisoned nearly 30 years for at least one crime he didn't commit are asking the Virginia Court of Appeals to exonerate him in two other sexual assaults.
Thomas Haynesworth petitioned the full court Tuesday for writs of actual innocence, which would vacate rape and abduction convictions for two sexual assaults in 1984. DNA testing in 2009 cleared the 46-year-old Haynesworth of sexual assault in two cases after the evidence implicated imprisoned serial rapist Leon Davis.
Virginia Attorney General Kenneth Cuccinelli and prosecutors in the two localities where the crimes occurred have backed efforts to secure full exoneration for Haynesworth, who was released from prison in March but is seeking to lift his strict parole and to remove his name from public sex-offender registries.
Cuccinelli and Innocence Project attorney Shawn Ambrust told the 10 judges that several pieces of evidence discovered after Haynesworth's convictions indicate Davis, and not Haynesworth, also committed the two rapes at issue in the petition and clear Haynesworth from having committed the crimes.
Davis committed a string of sexual assaults during the time that included the two for which Haynesworth was convicted, Ambrust said. Known attacks by Davis occurred in the same area and followed the same pattern, and law-enforcement authorities concluded that the same person committed all five attacks, she said.
Also, Ambrust said, Davis and Haynesworth looked strikingly similar. He said Haynesworth already had been misidentified twice as Davis, and witnesses described the attacker as taller than the 5-foot-6-inch Haynesworth. Davis is 5 feet 10 inches, according to Haynesworth's attorneys.
Both Cuccinelli, representing the state of Virginia, and Ambrust argued that the body of evidence entitles Haynesworth to have the two convictions vacated because "a rational trier of fact" wouldn't be able to conclude beyond a reasonable doubt that he was the perpetrator.
In conceding that Haynesworth didn't commit the crimes, Cuccinelli said that as the state's chief law enforcement officer, he was acknowledging error in the case.
While the court isn't obligated to accept such concessions, he argued that it should in this case because the concessions came after a rigorous review by the attorney general's office, Haynesworth's lawyers and prosecutors in Richmond and Henrico County, where the attacks occurred. All concluded that Haynesworth was innocent and Davis was guilty.
Judges asked the attorneys whether they thought the victims' testimony identifying Haynesworth was credible, and whether it should stand because DNA evidence in the two cases is unavailable. Cuccinelli characterized the misidentifications as "innocent inaccuracy" and said that given the combined weight of the new evidence, a rational juror would conclude that the women were mistaken in naming Haynesworth as their attacker.
Police arrested the 18-year-old Haynesworth in February 1984 near his home after a victim in one of the assaults reported that a man resembling him attacked her. The other victims selected his face in photographic lineups. Ultimately, Haynesworth was convicted in three of the attacks and was acquitted of one — in which DNA testing later implicated Davis. Prosecutors dropped charges in the case of the victim who first identified him as her attacker.
Cuccinelli noted that under Virginia's actual innocence law, the Court of Appeals must decide the facts and the law given the new evidence implicating Davis in the cases.
Haynesworth, who now has a clerical job at the attorney general's office, said after the hearing that he hopes the appeals panel with do the right thing, considering "27 years of my life were taken." He said he was in the wrong place at the wrong time and was wrongly arrested and convicted.
Davis is serving several life prison terms for rape and has refused to discuss the cases for which Haynesworth was convicted, Ambrust said.
The appeals court could take several months to issue a ruling. It could dismiss Haynesworth's petition, grant him the exonerations, or send the case back to a trial court for rehearing. ..Source.. by ZINIE CHEN SAMPSON
Wareham homeowners back in court seeking injunction against group home
9-28-2011 Massachusetts:
WAREHAM — Attorneys for a homeowners association have turned to the Massachusetts Appeals Court in their efforts to block a planned facility for people with mental health problems.
The appeal, filed Monday, asks for a reversal of a Plymouth County Superior Court judge's denial earlier this month of a motion for preliminary injunctive relief.
The latest filing requests a preliminary injunction to prevent defendant Jeff A. White from using or leasing the property at 7 Lynne Road for anything but a single-family residence and also requests "further relief as is appropriate under the circumstances."
Staffed around the clock for up to six adults who would be referred by the Massachusetts Department of Mental Health, the program planned at 7 Lynne Road is "primarily intended for people who are in need of some additional support," said Joseph Dziobek, president and CEO of Fellowship Health Resources Inc. of Rhode Island.
"They're people ... having symptoms of their mental illness and they need, really, some short-term support so that they can go back to whatever their living situation is."
It's "not intended for people whose illness is so severe that they're going to need weeks and weeks and weeks," according to Dziobek, who said Fellowship Health makes the final decision about serving individual clients and ultimately accepts liability.
The governing Beaver Meadows Homeowners Association, however, has taken issue with the plans.
"These people ... could range (from having) a different variety of disorders," said Sean Murphy, speaking as a trustee in June, while describing how many children live in the neighborhood. "We're talking schizophrenics. We're talking bipolar. Potential sex offenders."
Monday's appeal argues that White's revamping the property for the new facility violates multiple restrictive covenants of Beaver Meadows but focuses on a covenant lawyers say prohibits commercial businesses there.
"The trial court has improperly concluded that neither White nor Fellowship operate a commercial business at 7 Lynne Road. However, the undisputed facts establish that 7 Lynne Road is being used for a social service (not residential) purpose," attorneys from New Bedford law firm Beauregard, Burke & Franco wrote in Monday's filing.
The attorneys say White "executed a commercial lease agreement" with Fellowship Health of the property before he bought it and contend that by offering short-term housing and treatment, the facility "is not a group home but a short-term respite facility more akin to a medical treatment or counseling facility."
White has been unreachable for comment, as was his lawyer Anthony Savastano Tuesday. But "it's not a commercial business," Dziobek said, adding that Fellowship Health is a private, nonprofit organization.
"I think that the homeowners are wasting their money because ultimately they won't win in court," Dziobek said.
As for the oft-repeated sex offender concerns, Dziobek said that within the past year or so, out of an estimated couple hundred people living in Fellowship Health's community facilities, two were registered sex offenders. "There's a higher probability that you're going to have somebody living in your neighborhood who's a registered sex offender than there is that someone's going to be in that home," he said. ..Source.. by ANIKA CLARK
September 27, 2011
Lake County commissioners take action against sex-offender village plan as protesters gather
9-27-2011 Florida:
TAVARES — Spurred by outrage over a proposed "sex-offender village" near Sorrento, Lake commissioners took steps today to push offenders further away from schools, day-care centers and playgrounds.
"I think we need to be very proactive here," Commissioner Leslie Campione said. "I think this is a relatively new concept and a really, really bad idea to lump together a group of people that are considered to be very dangerous."
Commissioners reacted swiftly to a sketchy plan by Barbara Farris, who heads a for-profit venture, Sex Offender Solutions, and wants to develop a remote neighborhood populated exclusively by convicted sex offenders. She has not provided exact locations for her proposed village but named Sorrento as a possible site.
Farris, a Tampa resident who formerly lived in Orlando and tried to oust sex offenders living near a school bus stop there, said her concept aims to protect children by moving offenders to a common monitored neighborhood that is located miles from schools, parks and other areas where children gather.
Christine Thompson, who owns Building Blocks, a child-care center on State Road 46, said the Sorrento area would be the wrong place to cluster sexual predators as the rural community has three primary schools nearby — Round Lake, Seminole Springs and Sorrento elementaries.
Thompson said the idea of bringing sex offenders to Sorrento is "like bringing children to a candy store."
A small group of Sorrento moms, incensed by the concept, protested outside the round courthouse Tuesday, carrying signs and petitions aimed at blocking Farris' plan from taking root.
The group launched a Facebook page, "Protest sex offender village in Lake County." One post on the social-media site suggested that sex offenders should be restricted to "the Villages where all the old people live" and another recommended "the Everglades so the alligators can eat them for supper!"
Commissioners directed County Attorney Sandy Minkoff to draft an ordinance that would prohibit sex offenders from living within 2,500 feet of areas where children congregate, including schools, day-care centers and public parks. Lake statutes currently mirror state law, prohibiting sex offenders from living within 1,000 feet of the same areas, but many cities in Central Florida have adopted the 2,500-foot setback.
In addition, commissioners want Minkoff to study tighter restrictions that could prevent a "sex-offender village" from rising inside Lake borders. Campione suggested the county investigate an ordinance to require a "conditional use" permit for someone who wanted to congregate sex offenders in common housing.
Commissioner Jimmy Conner suggested a countywide ban on sex offenders, which is illegal. "If we can't do that, then I'm for the strictest restrictions we can legally impose across the whole county because this issue will come up in another community," he said. "I've got two grandchildren and, I'll tell you, I've got no sympathy for child predators."
Lake has 425 registered sex offenders. ..Source.. by Stephen Hudak, Orlando Sentinel
September 26, 2011
Ordinance bans sex offenders from all public places
I would have to presume that, the place of registration is in a non public building? How do people like this Sheriff get elected? Lord help us!9-26-2011 Arizona:
HUACHUCA CITY, AZ (KOLD) - Huachuca City was cracking down on all registered sex offenders by passing a new law banning them from all public facilities.
This included schools, parks, public pools, and even the library.
It is the first city or town in the state to make such a move.
According to the ordinance, any offender caught in a public facility would be fined $100, and could be charged with criminal trespassing.
"In Huachuca City we're doing something that should have already been done by the federal government," said councilman Ken Taylor.
The move was spear-headed by police Chief Dennis Grey.
"The sex offenders have been hanging around the pool and schools and we've had a couple of them looking at pornography on the computers at the library," said Grey.
He said the last straw had been when he caught an 80-year old sex offender convicted of child molestation taking pictures of children in their bikinis at the public pool.
"As far as I'm concerned lets just put these child molesters on a deserted island and blow it up," said Grey.
KOLD News 13 went to the home of the 80-year old convicted child molester. He said this was the first time he was hearing about this ordinance.
"I thought at the end of the ten years there was a statute of limitations? It's a loss of freedom," said the man.
He agreed to talk to share his opinion with us, if we did not show his face.
We asked him if this ordinance would prevent him from visiting the local pool.
"I don't know. I might challenge it. This is too much to hear. It's too much to believe," said the registered sex offender.
We asked town councilman Ken Taylor and Chief Grey if they worried about the constitutionality of this new law.
"I'm worried about the financial risk, if the ACLU comes after us, and attorney fees, but there should be something in place to protect our children. If somebody is going to go out and abuse and rape little children I don't think they have any constitutional rights," said Taylor.
Chief Grey said he knew of two other towns back in the East that had passed similar ordinances."
"They challenged them back East but they all lost," said Grey.
The wording in the ordinance would allow for certain exceptions.
Sex offenders who were simply picking up or dropping off their own children, voting, or talking to a teacher about their child would be exempt.
The new ordinance goes into effect in 30 days. ..Source.. by Sonu Wasu
Kane fears cost of new sex offender regulations
Finally, someone seeing past the mask of the Adam Walsh Act, it goes way beyond just registration of MORE offenders. And, all that costs money which is a lifetime expense for the state, unfunded!9-26-2011 Illinois:
GENEVA — A state attempt to comply with federal sex offender law could end up a costly measure for Kane County.
Gov. Pat Quinn recently signed two sex offender bills into law. On Monday, the County Board Legislative Committee heard about the potentially damaging effects that a third piece of legislation, Senate Bill 1040, would have on court services and the sheriff’s department.
The bill would require a heightened compliance from the county system, but without funding to do the required work. It will create a drastic increase in man-hours and personnel to reach compliance, officials said, so the committee decided not to support the bill in its current form.
“Some of the finer details of the implementation need to be looked at,” said Lisa Aust, executive director of Court Services.
Currently sex offender law has two tiers of registration, 10 years and lifetime. Registrations are annual. Under the proposed state Senate legislation to reach national compliance, there would be a three-tier system — lifetime, 25 years and 15 years. Some tiers would require more frequent registrations, requiring more man-hours.
The bill would also require juvenile offenders who were granted court supervision or deferred adjudication to register as sex offenders, which will also increase man-hours for court services and the sheriff’s department.
If offenders fail to register, there will be more court cases in the system, officials said.
This bill comes on the heels of two public acts already signed into law, which are requiring an increased level of registration. Any previously registered sex offender convicted of a felony after July 1, 2011, will again be required to register.
Additionally, a sex offender is now required to register with a public safety or security director at the higher education facility they are employed at or attend. This will also increase the likelihood of creating more failure to register for classes, according to Chris Starkovich, special programs supervisor with Court Services.
Aust said the state is probably in the top third of states in their strictness of sex offender law. There are still some states with very few laws on the books in that area, she said.
Committee Chairman Jesse Vazquez, D-Aurora, wanted to see exact numbers on how the new legislation would effect the man-hours in county departments. He also suggested that the county spend some time looking at all of the unfunded mandates from the state, to see if there’s anywhere they can save money.
Illinois will face a 10 percent reduction in grant funding each year that it is in non-compliance with the federal sex offender guidelines, beginning in the 2012 fiscal year. Senate Bill 1040 would put Illinois in compliance.
“All the states have to make their laws match, and that takes awhile,” Aust said. ..Source.. by Matt Brennan For The Beacon-News
September 24, 2011
Michigan Rep. Confirms She Was Target Of Kidnapping Plot
9-24-2011 Michigan:
Plan Hatched By Prison Inmate, Busted By Undercover State Police Officer
DETROIT -- The Department of Corrections and the Michigan State Police have busted an attempted plot to kidnap state Rep. Barb Byrum (D-Onondaga).
The Department of Corrections was tipped off by an inmate who was being released. That inmate said another prisoner wanted Byrum kidnapped and was willing to pay $500,000 to get it done. It is unclear if that money exists or where it would be.
The prisoner's plan was to kidnap Byrum and gain the leverage needed to get Gov. Rick Snyder to release him from prison and pay the $9,700 he owes in restitution.
The DOC notified MSP and the groups set up a sting operation inside the prison.
An MSP officer went undercover and the prisoner proposed the kidnapping plot to him.
Corrections is not releasing the prisoner's identity but has told Local 4 that he was placed in solitary confinement.
The reason Byrum was the target is unclear.
Byrum is in her second term in the Michigan House. She released a statement on the plot Friday night.
"I want to thank the Michigan State Police for uncovering this plot," Byrum said in the statement. "Because this is an ongoing investigation, and to protect the privacy of my family, I will be making no further comments about this matter."
The inmate is scheduled to be charged next week. ..Source.. by ClickOnDetroit
Marshall County woman in land dispute with sex offender
Do folks in Alabama believe in Title Searchs before buying property?9-24-2011 Alabama:
GRANT, AL (WAFF) - There is a land dispute in Marshall County between a woman and a convicted sex offender.
He has allegedly moved onto the woman's property without permission.
That's at 588 Newport highway just outside of grant, the property owner told us she's working to get him off her land.
The man was living next door but was picked up in a roundup last month when it was discovered a child was living there.
He then created a residence next door and law enforcement says they cannot do anything about property line disputes.
"That's definitely an issue when you have little girls running around. I mean, you worry about the children," said Karla Hardin, who says the man is on her property.
Hardin said she always worries about sex offenders living near her but she never believed it would be on her own property.
"So he lives in a shed running a power cord from his shed to his wife's single wide," said Hardin.
Sheriff's officials confirmed to WAFF 48 news that Steven Edward Southers was picked up in a recent roundup when it was determined he was living in a mobile home with a child.
But after he made bond, Hardin says he put up a shed she said is 30 feet on her property, so she sought law enforcement to have him removed.
"I went to the courthouse and I've been told to go to civil court over this because it's a property line issue," said Hardin.
Despite having a survey done Wednesday and the property line marked between the structure and his former residence, Hardin says he hasn't left.
For now Hardin told us all she can do is warn the public about who is living on her property with a sign, but she says even that caused trouble.
"Police were out here last night and they left and my sign is still hanging," said Hardin.
Southers said the deeds were messed up years ago and that he's on his own property.
Hardin says she will have to spend her money for civil court to get him off of her property. ..Source.. by Stephen McLamb
September 22, 2011
New law bans warrantless cell phone searches
9-22-2011 California:
If you get arrested in California for any reason, the photos, e-mails and other personal data on your cell phone are now a bit safer from prying police eyes. A new law now requires law-enforcement officers in that state to obtain a warrant before searching the cell phone of a person placed under arrest.
This law overrides a January ruling by the California Supreme Court. According to California Sen. Mark Leno, who sponsored the legislation, this ruling had "legalized the warrantless search of cell phones during an arrest, regardless of whether the information on the phone is relevant to the arrest or if criminal charges are ever filed."
The new California law unanimously passed in the state Assembly. Today the office of Gov. Jerry Brown confirmed that since the governor did not make a specific decision on this legislation, it became automatically enrolled as a law this week.
Under this legislation, California law enforcement officers must first obtain a search warrant when there is probable cause to believe a suspect's portable electronic device contains evidence of a crime.
The Peace Officers Research Association of California, which opposed the law, argued: "Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law, fight crime, discover evidence valuable to an investigation and protect the citizens of California."
The California legislature disagreed, finding that "once in the exclusive control of the police, cellular telephones do not ordinarily pose a threat to officer safety." Furthermore, lawmakers found that existing practices -- including confiscating the phone (without searching it) or promptly applying to a judge for a search warrant -- alleviate concerns about destruction of evidence.
This isn't just about cell phones. The wording of this law specifically refers to "portable electronic devices," defined as: "any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications."
So in addition to cell phones this might conceivably cover tablet computers, laptops, netbooks, e-readers, media players, gaming devices, digital cameras, audio recorders, external hard drives, flash drives and other devices available now or in the future. ..Source.. by Amy Gahran, Special to CNN
Glendale police launch new program to monitor sex offenders
Reality, registries DO NOT monitor the "whereabouts" of registrants, time to face the truth! At best you might know where registrants SLEEP during the day/night, but you do not know where they are at any other point in time. That is the ruse Politicians are playing on the public making the public think registries make them safer. OffenderWatch uses that ruse to suck money from the public through local police agencies. Everyone falls for the Politician's ruse.9-22-2011 Arizona:
The Glendale Police Department has launched a new Web-based program that allows residents to monitor the whereabouts of registered sex offenders.
Police hope the free program, OffenderWatch, will help reduce the amount of time it takes to notify residents when a sex offender moves into the city.
The program is updated throughout the day as sex offender addresses and other offender information is posted.
Along with notifications sent to the community, residents have easy access to offender's information.
Residents can search addresses to see how many sex offenders live within a 2-mile radius and sign up for e-mail alerts when an offender moves in nearby. Residents can register as many addresses in the county as they wish.
The personal information of those who choose to use OffenderWatch is confidential.
OffenderWatch is utilized by hundreds of agencies and aims to make it easier for police to maintain accurate information on sex offenders, who tend to move often. ..Source.. by Raquel Velasco
Sex offenders protest 'violent predator' designation
9-22-2011 California:
In one unit of Coalinga State Hospital, a few convicts ruled to be sexually violent predators are starting to publicly protest their indefinite incarceration.
More than 900 sex offenders are housed at the mental hospital in Coalinga, a small city along I-5 in Fresno County. The hospital houses criminals with assaults on their rap sheets and psychological conditions showing them to be a danger to society.
That population had been growing slowly for years. However, the California state auditor recently reported that courts have all but stopped designating sex offenders as violent predators in the past two years, as fewer convicts have met the requirements.
And the prisoners in Unit 9 at Coalinga have been running a public relations campaign to prove they're being wrongfully held. Some have set up websites; others are mailing reporters large manila envelopes stuffed with documents, from court transcripts to psychological evaluations.
And on Sunday, one attempted civil disobedience.
Ruben Herrera, convicted of statutory rape in 2004, climbed atop an outdoor basketball hoop. For two hours, he refused to descend during what he describes as a demonstration against hospital conditions.
"We're not supposed to be punished, but that's exactly what they're doing is they're punishing us," Herrera said in a phone interview yesterday. "They blocked off these windows and painted them black. They don't let us leave."
Police officers at the hospital fired a bean bag gun at Herrera, according to multiple witnesses, knocking him to the ground. Staff had covered the concrete below with mattresses to cushion his fall.
The incident began during a fire alarm evacuation and ended without serious injuries, Deborah Ireland, a Coalinga hospital spokeswoman, said in a written statement. Because police used a weapon, the hospital is "conducting a use of force review to ensure proper procedures were followed," she wrote.
Herrera said he was on parole for the sex offense when, in 2008, he traveled to Mexico, violating his parole and returning him to the prison system.
In 2006, California voters passed Jessica's Law (Proposition 83), which expanded the number of criminal offenses that can lead to a violent predator designation. Also, an offender previously had to have assaulted two victims to be ruled a predator; the proposition reduced that requirement to a just one victim.
The reasoning behind the law is that by holding the sex offenders indefinitely at the mental hospital, they are unable to commit additional sex crimes. A second component is that the prisoners can receive rehabilitation to reduce their risk.
However, a majority of Coalinga's prisoners do not participate in treatment, KALW News reported earlier this year. In some cases, they resist because statements they give during counseling can become evidence against them in court.
Multiple prisoners in Unit 9 said they distrust the treatment offered and doubt it could help them earn freedom.
"We could be here 10 years, 20 years," said Cornell Clemens, who's been housed at Coalinga for two years. "It's hostility in a unit that's supposed to be therapeutic."
Clemens, 44, broke into a woman's home in 1991 and attempted to rape her, state Department of Mental Health records show.
Long after finishing his prison sentence for that assault, Clemens was convicted in 2006 of petty theft. The attempted rape 20 years ago then made it possible for the courts to rule Clemens a predator.
In 2009, the state's psychologists diagnosed him as having an unspecified psychosexual disorder and antisocial behavior, the records show. ..Source.. by Ryan Gabrielson for California Watch
September 20, 2011
Hanging of 'Truck Nuts' Grows into a Free Speech Debate
Don't touch my junk,' is taking on new meaning.
"Truck nuts," fake bull testicles made of plastic or metal that drivers hang on the back of their pickups to make a truck look more manly, have been around for years. Some find them funny, while others find them offensive, prompting at least three states to try to ban them -- unsuccessfully.
But a recent case in South Carolina is fueling debate over whether these ornaments violate a state's indecency laws and if attempting to regulate them infringes on freedom of speech.
On July 5, Virginia Tice, 65, from Bonneau, S.C. pulled her pickup truck into a local gas station with red, fake testicles dangling from the trailer hitch. The town's police chief, Franco Fuda, pulled up and asked her to remove the plastic testicles.
When she refused, he wrote her a $445 ticket saying that she violated South Carolina’s obscene bumper sticker law.
The South Carolina code of laws reads, “a sticker, decal, emblem, or device is indecent … in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body.”
Tice lawyered up and said that she was preparing to challenge Fuda in court. But before she could ask for a jury trial, Fuda, in a rare move, beat her to it.
Fuda says he is pushing for a jury trial and hopes the outcome will clarify the state’s obscenity laws, leaving no room for misinterpretation.
“The law is very clear, and I am prepared to take it all the way,” Fuda told FoxNews.com.
Scott Bischoff, Tice’s lawyer, says his client is not bowing down because “this whole thing was caused by the arresting officer, who is arbitrarily interpreting a statute incorrectly.”
Bischoff will argue whether these large, red, plastic testicles are “really an accurate depiction of a human body part.”
“He is nuts,” says Jay Bender, a lawyer and professor at the University of South Carolina, referring to Fuda and his interpretation of the law. Bender says although tasteless and stupid, they are not illegal, and adds, “Chief Fuda is abusing his arrest powers.” He says the statute is very clear about what material is obscene and “it doesn’t have anything to do with artificial bull testicles.”
David Hudson, a First Amendment attorney and scholar, says laws banning these types of decals, emblems or bumper stickers are problematic, but often someone just hasn’t challenged them.
Hudson believes Tice and her lawyer can make a good case the South Carolina law is “unconstitutionally vague and unconstitutionally board, and it violates the First Amendment.”
In the past, lawmakers in Tennessee, Virginia, Maryland and Florida have proposed legislation to ban these types of decals and other explicit bumper stickers.
Hudson detailed many cases where law enforcement officials cited individuals for the content of their bumper stickers, and in the majority of those cases, a judge tossed them out because “the First Amendment protects a great deal of offensive expression.”
Hudson also cites the Supreme Court’s opinion that “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
Even though the attempts to ban "truck nuts" have been unsuccessful, customers are still leery about their legality.
Trick Trucks, a truck accessory chain, has been selling them for years and has had customers question whether they are illegal. Keith Dillard says sales at his Lanham, Md., store are hit and miss, but “when people talk about outlawing or banning them, they come in to buy them up.”
“I can’t see a piece of plastic being offensive, it’s not like you can’t see that along the road, there are farms all over,” says Ron Pelletier, assistant manager of the Trick Trucks in Waldof, Md. Both say most people buy them as gag gifts.
Neither side in Bonneau, S.C., is laughing over this legal mess, but they do agree the public interest in the case is shocking. Fuda said that he’s been getting a lot of feedback from people, including one Florida woman who stopped by the police station to say she was glad he wrote the ticket, while another man called to ask, “if we didn’t have anything better to do?”
“We concur with the sentiments of people in our community and across the nation that this whole thing is a big waste of time, but it was all started by Chief Fuda,” says Bischoff.
The case goes to trial next month. ..Source.. by Elizabeth Robichaux Brown
September 19, 2011
State lawmakers slow to close loopholes that let sexual predators evade arrest, district attorneys say
When are people going to get it into their heads that, the registry -aside from being very harmful to registrants- is nothing more than an ADDRESS BOOK w/Pictures, and keeps track of where registrants are sleeping for a few hours of the day/night! Its useless for public safety in any respect... A Politicians dream for staying in office. Further, as noted below, if someone commits a crime they should be arrested and prosecuted. This article is clear proof that, lawmakers instead of resolving problems of registrants are only interested in prosecutions for technical violation of the registry. i.e, knowledge of where a person sleeps protects no one.9-19-2011 Pennsylvania:
Lawmakers were about to close two loopholes in the state’s Megan’s Law in November.
Then politics got involved.
The bill known as the Castle Doctrine, which expands a person’s self-defense rights, was tacked on as an amendment, and then-Gov. Ed Rendell refused to sign it.
About six months later, Gov. Tom Corbett signed the Castle Doctrine into law anyway. But the loopholes in Megan’s Law, which protects people from convicted sex offenders, got stuck in the sausage-making process.
The stall has created a unified cry of anger among district attorneys who see no reason why legislation that was already approved once can’t be approved again.
Their pleas have had little effect on lawmakers, who say they hope to fix the loopholes by the end of the year, 13 months after the two bills first went to the governor’s desk.
One of the bills would fix the technicality that makes it impossible for prosecutors to go after sex offenders who were convicted out of state, move here and don’t register. That bill passed in the state House but is stuck in a Senate committee.
The other, which requires homeless Megan’s Law offenders to update authorities on where they are staying, also passed in the House but is stuck in the Senate Judiciary Committee.
The loopholes were discovered in 2009. They make Pennsylvania a haven for Megan’s Law offenders who fall into those categories because they can’t be charged if they are noncompliant.
The Pennsylvania District Attorneys Association roughly estimates that well more than 100 cases have been dropped or not even pursued because of those loopholes.
That number is generous, because it’s based on a informal poll by PDAA of all 67 district attorneys in the state, and only 13 answered.
Of those, the Lancaster County district attorney says his count of failed cases is in the double-digits.
In Luzerne County, they estimate that two prosecutions a month don’t happen.
In Cumberland County, there have been at least five cases that couldn’t be pursued.
In Dauphin County, prosecutors say, on top of the dropped cases, they have several defendants who are trying to abuse the system.
“Just about every case we have, it seems that suddenly the person is homeless,” said Chief Deputy District Attorney Sean McCormack. “We have that defense in a number of cases. A lot of people move around a lot and now claim that they don’t have a permanent address.”
Adam Walsh act
By the end of the year, Pennsylvania is supposed to pass the Adam Walsh Child Protection and Safety Act, federal legislation that creates a national sex offender registry and equalizes sex crimes laws in all 50 states.
It’s similar to the national DUI law, which mandated that all states set the legal alcohol driving limit to 0.08.
If each state government doesn’t pass legislation in line with the Adam Walsh Act, it will lose federal money for victim rights services.
State Sen. Stewart Greenleaf, the chairman of the Senate Judiciary Committee, said lawmakers are confident that the loopholes will be closed when they vote on the Adam Walsh bill in the fall.
“We already did it piecemeal, and it didn’t get it through,” Greenleaf said, referring to the November vote.
“We’ve already tried that, and we should do it all at one time now,” he said.
Seems reasonable, right?
Well, district attorneys across the state are furious because these loopholes have been open almost two years and — with no substantive opposition to the bills — it’s unfathomable to them why lawmakers haven’t acted more quickly.
“Every day that it’s not in effect, we are losing cases,” Cumberland County District Attorney David Freed said. “There are sex offenders who should be registering who are not, who we cannot charge with their failure to register if they fall into one of the two loopholes.”
And since the Adam Walsh deadline has been pushed back before, there’s a lack of confidence among some that it will really even happen this fall.
“Who knows how long that’s going to take?” Dauphin County District Attorney Edward M. Marsico Jr. said. “We’ve had deadlines for three years at least on Adam Walsh that have been missed. We definitely need to get it passed. It’s crazy to me that it hasn’t been passed. It’s ridiculous.”
Two of the most publicized cases have been in Freed’s county.
One was the case of Bryan Shaw Rouse. He was convicted of corruption of minors in Ohio and was supposed to register under Megan’s Law, but instead he moved to Mechanicsburg, where he was arrested in 2009 under suspicion of having sex with a 14-year-old girl.
Police were able to put him in jail while they waited for physical evidence of the crime because he hadn’t registered his new address.
It was around the time the loopholes were exposed.
“We knew that we were going to have to dismiss the case and release him,” Freed said.
But they got lucky.
“We got physical evidence back tying him to the sexual assault of the 14-year-old, so we were able to file that charge,” he said.
Rouse, 34, pleaded guilty to statutory sexual assault last month, and when he’s paroled, he’ll be sent back to Ohio.
The other case happened last week, when Scott T. Shover, 53, was accused of eating raw ground and stew beef from the shelves of the Carlisle Walmart.
He’s listed as a noncompliant Megan’s Law offender — convicted of attempted rape of a child in 1992 — but police can’t jail him for it because he falls into the homeless loophole.
“It’s incredible to me,” said Lancaster County District Attorney Craig Stedman. “This is such an easy fix, and we’re a haven for the worst offenders. It’s like, ‘Go to Pennsylvania.’¤”
To Stedman, it defeats the whole purpose of Megan’s Law.
“By the end of the year?” he said. “That’s ridiculous. These things are not hard to fix. You’re not redrafting the constitution here.”
‘Common-sense’ policy
So, what happened?
If there’s a clear answer, no one is giving it.
Greenleaf, stressing that one bill already left his committee and is in the Appropriations Committee, says he sees no reason to try to pass each bill separately when they anticipate a fall vote on the Adam Walsh bill.
Sen. Jake Corman is the chairman of the Appropriations Committee, and his office said he’s following Greenleaf’s direction.
Convincing them to do otherwise has been a frustrating task for Greg Rowe, the Pennsylvania District Attorneys Association legislative liaison.
“The general feedback has always been positive,” he said. “In my opinion, it’s not a question of policy. There is no controversy over the merits. Something else is going on. This is common-sense, straightforward, good public policy: It protects our kids, adults, [and] it protects people from a group of sex offenders.”
Greenleaf says a rush to pass the budget might have played a role in the delay.
However, the Castle Doctrine got through. So did a proposal to ban synthetic drugs.
“The primary thing we have heard is, ‘We’re going to do it, and it’s going to be included in the Adam Walsh legislation,’ ” Rowe said.
So that leaves district attorneys across the state hoping that lawmakers — this time — will keep their word.
“There’s politics, and you and I both know that’s reality. But when it comes to legislation about protecting kids from dangerous sex predators, those are the kind of times you want good policy to win out over everything else. Thus far, good public policy has not won.” ..Source.. by SARA GANIM, The Patriot-News
Chicago man accused of threatening to kill Lisa Madigan
There is no doubt this is a IMPROPER response (likely a careless remark being misinterpreted) to being placed on the registry. However, if true, it may be showing the frustrations that result from a registry so harmful that it prevents folks from living any sort of a normal life, which politicians ignore, or really do not give a hoot. i.e., further punishment that they can get away with.9-19-2011 Illinois:
A Chicago man has been charged with threatening to kill Illinois Attorney General Lisa Madigan in a lawsuit over the state's sex offender registry.
____, 58, is being held on $25,000 bail. He is charged with one count of threatening a public official.
Natalie Bauer, a spokeswoman for Madigan's office, says ____ allegedly made the threat in a suit he filed over the state's sex offender registry law. His lawsuit challenges the law's constitutionality.
Pennington was convicted of rape in Illinois in 1982. And 10 years ago, he was convicted of sexually abusing a minor in Texas.
When he moved back to Illinois, he was placed on the registry of sex offenders. He objected and sued. ..Source.. by stlToday.com
September 17, 2011
Consultant gives ideas on what works and what doesn't with criminals
9-17-2011 Oklahoma:
OKLAHOMA CITY - Intensive treatment programs should be reserved for higher-risk offenders, a correctional working group was told Wednesday.
Ed Latessa, professor and director of the School of Criminal Justice at the University of Cincinnati, spoke Wednesday to members of a panel trying to find ways to more effectively use criminal justice dollars as part of the Justice Reinvestment Initiative.
House Speaker Kris Steele, R-Shawnee, is leading the initiative after successful passage last session of legislation designed to give the state more flexibility for offenders that could be better served in the community.
Latessa, considered a national expert on criminal justice reform, discussed ways to reduce recidivism.
"Without some form of human intervention or services there is unlikely to be much effect on recidivism from punishment alone," Latessa said of conclusions from researchers who study correctional interventions.
High-risk offenders need at least 200 hours of intensive treatment, he said.
Intensive treatment programs for low-risk offenders will often increase failure rates because low-risk offenders learn anti-social behavior from higher risk offenders, he said.
He highlighted an array of programs that he said were not effective in reducing recidivism, such as a dance program for juveniles and running and gardening programs for adult inmates.
"Not everything we do in the name of treatment is effective," Latessa said.
Programs that don't target behavior, such as talk therapy, are not as effective as programs designed to alter behavior, such as teaching offenders new ways to behave, Latessa said.
Oklahoma does target high risk offenders, said Justin Jones, Department of Corrections director.
"We don't have enough slots for high risk offenders before they discharge," Jones said.
The state is working with the Council of State Governments Justice Center to analyze data and come up with recommendations for lawmakers to consider, said John Estus, a Steele spokesman.
The data analysis is expected to be done in October and will be presented in public meetings in Lawton, Enid and Muskogee, Estus said.
"It is going to be, we hope, the most comprehensive snapshot of criminal justice in Oklahoma the state has ever seen," Estus said.
The recommendations are expected to be developed and released in December, Estus said.
The recommendations are expected to address sentencing reform, Estus said. ..Source.. by Barbara Hoberock
SORA — Finally A Win?
A Win? Actually this is a procedural error of the court system, which should not have happened. This is a rare circumstance.9-17-2011 Michigan:
Finally, a win in a sex offender case in the Michigan Supreme Court. On June 30, a unanimous Michigan Supreme Court said a trial court could not order a defendant to register as a sex offender more than 20 months after the court had originally sentenced him. In People v. Lee, a judge of the Allegan Circuit Court decided not to require registration but retained jurisdiction for a future hearing. Then, twenty months later, a different judge took over the case, conducted a hearing, and granted the prosecutor’s motion to require the defendant to register under the Sex Offender Registration Act (MCL 28.722, et seq.)* The Court of Appeals affirmed this decision, but the Supreme Court reversed, holding the trial court “failed to satisfy” SORA’s “multiple requirements.”
In January 2006, the defendant, Kent Allen Lee, pleaded nolo contendere to third-degree child abuse. MCL 750.136b(5). At Lee’s March 2006 sentencing, Judge Harry A. Beach relied on a police report as the factual basis for Lee’s plea. The prosecution attempted to introduce additional evidence but the defense objected. Judge Beach noted that while Lee’s crime was “a rather abusive assault,” it was not a “sex act,” and thus registration under SORA was unwarranted. Nevertheless, Judge Beach retained jurisdiction over the case while issuing a sentence that did not require registration.
In December 2007, the Circuit Court held a new hearing on the prosecution’s motion to require SORA registration. Judge Beach had retired by this time and Judge William A. Baillargeon took over the case. Judge Baillargeon heard additional testimony and concluded that SORA registration was now justified because Lee’s act — which involved touching the victim’s genitals in what Lee described as a “disciplinary” measure — was “certainly something that would be envisioned by [SORA] and I think by itself would constitute the registration that the People seek.”
Justice Michael F. Cavanaugh, writing for a unanimous Supreme Court, reversed Judge Baillargeon’s decision. Justice Cavanaugh explained that the trial court made four procedural errors in mandating Lee’s registration. First, SORA requires a defendant to register “before sentencing,” not 20 months later. MCL 28.724(5). Second, because of that delay, Lee’s probation officer and the family division of the Circuit Court could not comply with SORA’s requirement to give Lee the registration form after his conviction. Third, SORA clearly states that a court “shall not impose sentence” until determining a defendant’s registration is forwarded to the state police. MCL 28.726. Finally, since Lee’s crime — third-degree child abuse — was not a “specific listed offense” under SORA, the trial court was required to, but did not, include in its sentence a determination that the offense fell under a “catchall” provision that applies to any “sexual offense” against a minor. MCL 769.1(13).
Ultimately, Justice Cavanaugh noted, “there is no support in SORA for permitting a post-sentencing hearing to make a determination regarding registration.” To the contrary, everything the trial court did violated SORA. Consequently, Justice Cavanaugh said, “the sentence imposed [in 2006] … may have been invalid.” The prosecution could have attempted to correct the invalidity by filing a timely motion, which is six months under MCR 6.429(B)(3), not 20 months.
Finally, Justice Cavanaugh said Judge Baillargeon and the previous trial judge, Judge Beach, contradicted one another as to whether Lee’s offense fell within SORA’s “catchall” provision. Cavanaugh said that while “Judge Beach erroneously permitted the prosecution to bring additional evidence at a post-sentencing hearing,” he ultimately found the evidence supporting the plea — the original police report — did not justify invoking the catchall provision. Judge Baillargeon later concluded just the opposite. Justice Cavanaugh said that Weaver v. People (1876) required Judge Baillargeon to afford “substantial deference” to Judge Beach’s findings, as he was the judge who accepted the plea.
*SORA was amended effective July 1, but the Supreme Court said that since “the trial court decided relevant issues” before then, it would analyze the case under the law as it was then in effect. ..Source.. by Mark A. Satawa practices in the area of criminal defense, specializing in sex crimes. He is a member of the board of directors of the National Association of Criminal Defense Lawyers (www.NACDL.org), and is a frequent continuing legal education speaker on sex offenses, most recently at the Institute for Continuing Legal Education seminar on Proven Defense Strategies for Challenging Criminal Sexual Conduct Cases.
September 15, 2011
Do Sex Offenders Have to Pay a Registration Fee?
9-15-2011 Oregon:
ORS 181.598 requires the assessment of a $70.00 fee for sex offender registration. Sex offenders must pay that fee in the same sense that any of us must pay money we legally owe. However, recent case law makes it fairly clear that failure to pay the fee should not prevent registration and it certainly should not form the basis of a charge of failure to register.
ORS 181.595-597 explain who is required to register as a sex offender. ORS 181.599 creates the crime of failure to report as a sex offender. It requires making the report, signing the registration form, and submitting to fingerprinting and photographing. It doesn’t mention a fee.
The fee comes from ORS 181.598, which requires the Department of State Police to assess a $70 fee. But ORS 181.599 doesn’t require the person to pay it.
In State v. Depeche, 242 Or App 147, 252 P3d 861 (2011), the defendant failed to provide proof of his address while registering. The court held that, because providing verification is not required by ORS 181.899, the defendant had not failed to register by failing to provide proof of his address. Rather, the defendant merely has to show up and try to report in order to avoid liability. Similarly, ORS 181.899 does not require payment of the fee, it just requires the police to ‘assess’ it. If the person hands over the form, signs it, and submits to photographs, I don’t think any crime arises for refusing to pay. (But I’d probably advise my own clients that they should pay anyway). ..Source.. by Rankin Johnson IV
September 14, 2011
Dan the Streakin' Man awaits school's punishment for puerile football game prank
9-14-2011 National:
There is an excellent article over at the "False Rape Society Blog" which folks must read.
Skip past the stuff about Dan the Man and his package and get to the part about Sex Offender Registries and the Adam Walsh Act (AWA).
AWA certainly has increased the number of registrants nationally, and many are low level sexual acts that no one would give a hoot about. i.e., Dan the Man streaking at a local football game, or two young lovers (Romeo and Juliet cases).
That article is quite good and the stats are great.
For now have a great day & a better tomorrow.
eAdvocate
See also 2009: Sex laws Unjust and ineffective
Sexual Predator Gets Priceless PR With U-Haul Message
9-14-2011 Florida:
Registered As Homeless, Man Uses Resources On Publicity Stunt
WEST PALM BEACH, Fla. -- A U-Haul truck with the attention-grabbing writing that prompted an evacuation of several downtown buildings Monday morning was recently purchased by Edgar Bushey, West Palm Beach police said.
Bushey is a registered sexual predator who is listed as homeless with the Florida Department of Law Enforcement.
While Bushey can't give deputies a physical address, he can buy a truck, the banner and pay $500 in a monthly parking fee, police said.
This is a classic statement by someone who believes that, income dictates whether or not a person can have a physical residence, and ignores that, registrants are denied renting places because of the registry. This person wants folks to believe that Bushey is purposely misusing his income!Written on the side of the U-Haul truck was, "Google: EDGAR BUSHEY. FRANK BAKER, PBSO LIED AND DID NO INVESTIGATION. I WOULD LIKE A REAL INVESTIGATION! SHEA CHARLES SAID NO. WHAT PART OF NO DON'T I UNDERSTAND?"
The message implies that a jury was wrong in 1996 when Bushey was convicted of sexual battery on a girl under 12.
Bushey's message made it on all the local television newscasts.
"He got all the networks to cover it and do the story on a couple of news cycles," said Rebecca Seelig, who runs her own public relations firm, PBPR. She represents events, schools, country clubs and charities.
"I don't think he thought it was going to go to the extent that it did," said Seelig of Bushey’s truck.
She said what he did get was priceless television coverage.
"This type of guerilla marketing sometimes does work," said Seelig. "Because people will take notice. Because people want to know what is going on and what his cause is and why does he think the police didn't do the proper action."
But, as far as the stunt, it’s one she would never advise for a client as it brought a costly investigation, inconvenience and fear.
"You want to bring awareness. But harmful disruption I don't think serves the purpose," Seelig said. ..Source.. by Cathleen O'Toole, Reporter
The cost of housing James Lamb
9-14-2011 California:
Prison would be cheaper, data show
While new charges against child molester James Lamb represent a potential life sentence for him, they could mean a savings of thousands of dollars for the state of California.
A review of state expenses provided to The Herald under the Public Records Act show the state has spent $556,564 — $21,000 per month — to support, secure and treat Lamb since his release from the state's Sexually Violent Predator Program in March 2009. He is scheduled to remain in the program at least until March 31.
The figure represents expenditures only through May 15 and does not include the salaries of Liberty Healthcare employees, who manage the "conditional release program" and its monitored sex offenders for the state. It takes a team of six Liberty employees to manage Lamb's supervision, from the program director to drivers who must accompany him at most times.
While those contracted employees are not solely dedicated to Lamb — 20 men are under conditional-release supervision — their salaries total about $1.1million annually.
Lamb, a three-times convicted child molester, was committed to the program in 1998 and won release under strict supervision in 2007. It took authorities two years to find a house for him in the face of community resistance.
Since March 2009, he has been living in a house on River Road near Gonzales. Records show the state has paid an average of $3,600 per month for rent and utilities, a total of $93,454 as of May 15.
The former Spreckels resident, who has admitted molesting more than 50 children, according to his therapists at Atascadero and Coalinga state hospitals, must live under a strict set of conditions that include round-the-clock GPS monitoring, weekly psychological counseling and security guards, whose hours have been reduced from the former 24/7 level.
Among the additional costs between March 2009 and May 15, the state spent $6,747 for GPS monitoring; $10,103 for food and clothing; $3,625 for medical treatment and assessment that includes monitoring of his testosterone levels and bone density after a voluntary, self-paid castration; $37,014 for psychological treatment; and $384,964 for security guards at the River Road house.
Those guards also serve as drivers for Lamb now. One of them was driving him home from an approved church function on Sept. 7 when he was arrested for being out of compliance with his sex-offender registration requirements.
Assistant Public Defender Don Landis said his client was one day overdue to register with the Monterey County Sheriff's Office, which he must do every 90 days as a conditionally released sexually violent predator. Landis said Lamb has registered 10 times previously and there is no indication he purposely failed to do so this time.
The state has not petitioned the court to revoke Lamb's outpatient status as a result of the arrest. However, the resulting felony charge represents his fourth strike under the three strikes law.
He pleaded not guilty and a preliminary hearing is scheduled for Sept. 22. Judge Adrienne Grover has broad discretion if he is convicted. She could place him on probation; she could also sentence him to 25 years to life in prison.
That option would be cost-effective from the state's point of view. It costs an estimated $43,000 a year to house a prisoner in the California Department of Corrections and Rehabilitation.
Jail Cmdr. Jeff Budd said cost was not a consideration in Lamb's swift arrest. The sheriff's office has one person who monitors registered sex offenders in the county jurisdiction. When one of them is in violation of a release condition, and his location is known, Budd said, he is immediately arrested.
"When you fall out of compliance, whether you're James Lamb or Joe Whatever, we go make a visit and snap them up into custody. They're bad people," he said. "The only motivation is public safety."
District Attorney Dean Flippo said his department's position has been consistent since Lamb was committed to the Sexually Violent Predator Program in 1998: He should never have been released.
Prosecutors fought Lamb's release in 2007 and earlier this year fought his petition to be released without supervision. Lamb dropped that petition when his handlers and therapists testified that he continued to act impulsively by doing things like obtaining a secret credit card.
His abandonment of the petition also came immediately after prosecutor Angela McNulty indicated in court that Lamb had told someone he should never have gone to prison because his sexual conduct with his young male victims was consensual.
Landis denied Lamb had ever made the comment. He suggested Lamb's therapists were recommending he remain under supervision out of greed. In dropping his petition, Lamb agreed to remain in the program until March 31, at which time prosecutors could move for further supervision.
That decision, Flippo said, will not be based on monetary considerations.
"We are not naive. We know there's a cost to that program," he said. "What we are looking at is, 'What is our obligation to protect the public from an individual who may not be ready for release?'"
Landis agreed there has been no indication of a financial motivation in Lamb's arrest and said there shouldn't be as his case proceeds through the court system.
"Justice shouldn't be determined by how much it costs but by how justice will be served," he said. ..Source.. by VIRGINIA HENNESSEY
Registered sex offender addresses neighbors' concerns
9-14-2011 Michigan:
KINGSLEY -- A registered sex offender who moved in with a family that was awarded a Habitat For Humanity home is addressing neighbors concerns.
Timothy Edington lives in the Kingsley home that was finished by Habitat volunteers in June. He was convicted of two counts of 2nd Degree Criminal Sexual Conduct in 2003, and served 6 years in prison.
The issue is, Habitat For Humanity didn't know he was going to be living at the home, and the organization says it wouldn't have awarded the family the home had they known.
Some neighbors are outraged.
In an email to 7&4 News Reporter, Lauren Amstutz, he wrote "The original application for the house was submitted by the homeowner long before i had met her... I understand that they are concerned about their children. Any sexual abuse is a horrendous offense. After 11 years, not a day goes by that I am not struck by the shame I feel for what I have done... I encourage my neighbors to talk with me. I will answer their questions."
Edington also stated that he is going through counseling, attending church, and taking other measures to make sure he doesn't commit another crime of this nature.
Edington is not breaking any laws the state has for sex offenders regarding where he lives. The Habitat home is more that the required 2,000 feet from a school or park, and Edington has an updated address on the on the state's sex offender registry.
Habitat For Humanity Executive Director Pam Doty-Nation says she plans to speak with the family. ..Source.. by Lauren Amstutz
September 13, 2011
Police perform compliance checks on hundreds of sex offenders
Note how the Marshals consider those in jail as "Out of Compliance." To often statistics are misconstrued by officials. SORNA actually exempts anyone in jail from any registration responsibilities. Also, note comment about offenders needing welfare.9-13-2011 Kentucky:
Operation Cumberland Valley took place in seven Kentucky counties in late August. Police say more than 30 sex offenders were found to be non-compliant.
U.S. Marshals and police say they're focused on making sure people who committed sex crimes are behaving once they get out of prison.
That was the purpose behind a recent door to door check of sex offenders in southern Kentucky.
Out of 316 sex offender compliance checks for Operation Cumberland Valley, police say more than 30 sex offenders were found to be non-compliant, and four are now considered fugitives.
Operation Cumberland Valley took place on August 30 and 31, and involved U.S. Marshals and police from seven counties, including Pulaski and Laurel.
During a news conference Tuesday to announce the results, federal officials said more than 20 sex offenders were non-compliant, one was found with weapons, one turned out to be a fugitive wanted out of Indiana, and several were actually in jail on other crimes.
Officials say they still couldn't find four other sex offenders, who are now considered fugitives.
"The four.. two are move-ins from other states," Calvin Whitis of the U.S. Marshal's office said. "These sex offenders so many times are so mobile, they move from state to state to state."
Also this morning, officials said a large number of sex offenders from other states were found living in Kentucky.
U.S. Marshals say for whatever reason, it's easier for them to get on welfare in Kentucky than other states.
The U.S. Marshals service estimates nationwide, approximately 10 percent of registered sex offenders are non-compliant. ..Source.. by WKYT27News.com
Michael DeWayne Walker: Lawsuit Over Child Rapist's Prison Death Allowed to Continue
9-13-2011 Texas:
Michael DeWayne Walker was serving a 21-year sentence for aggravated sexual assault of a child when he was put in a cell with Wilbert "Peanut" Hamilton in 2006.
Hamilton beat him to death, and Walker's parents have sued on the grounds that guards and prison officials knew Hamilton was a violent psychotic and that he was allowed to have steel-toed boots in his cell.
The Texas Department of Criminal Justice employees have sought to have the suit dismissed on grounds of immunity, but federal judge Kenneth Hoyt has ruled the parents' claims can be heard.
There's a factual dispute over how long the beating went on -- Walker's parents say it lasted five hours, and guards should absolutely have been able to hear it, while the defendants in the suit say it was only a few minutes.
The guards also say there was no formal policy made clear to them that child-sex offenders should be kept isolated from the general prison population for their safety, or that the steel-toed boots had to be left in the prison work area and not taken into the cell.
In court documents, Walker's parents say Hamilton "was regarded as crazy and had a reputation for beating on his cellmates." They claim Hamilton warned guards he would kill Walker as they were putting him in the cell.
Putting him there violated their son's constitutional right to be free from cruel and unusual punishment, their suit says.
The guards say all proper procedures were followed.
Hoyt denied the guards' motion, saying, "genuine issues of material fact remain disputed regarding whether defendants violated Walker's Eighth Amendment rights." ..Source.. by Richard Connelly
Sex offender moves into Habitat home
The real question is, is the Habitat Selection process discriminatory, and if so, does it violate any law?9-13-2011 Michigan:
KINGSLEY -- Neighbors are outraged after finding out a registered sex offender moved in with a family awarded a Habitat For Humanity home.
Timothy Edington was convicted of two counts of 2nd Degree Criminal Sexual Conduct in 2003. Court records say he sexually assaulted a young family member.
Volunteers finished building the home in June. Edington moved in with the homeowner and her daughter shortly after. Habitat For Humanity Executive Director Pam Doty-Nation says when the family applied for the home in 2010, Edington was not on the application.
"We do a criminal background check and in this case we went ahead and selected the family. Had someone been on the application that had this type of record, the family would not have been selected." says Pam Doty-Nation
To see the entire story click on the video. ..Source.. by Lauren Amstutz
Children to testify by closed-circuit TV in molest trial
9-13-2011 Indiana:
EVANSVILLE — Two children won't have to directly face the woman accused of molesting and abusing them when they testify in her trial Wednesday.
Instead, the children will testify by closed circuit television. Vanderbugh County Deputy Prosecutor Mike Perry said it is the first time such a procedure will be used in the county.
Janella Datcher, 36, is charged with two counts of child molesting, Class A felonies, and two counts of battery causing bodily injury, class D felonies. She has been held at the Vanderburgh County Jail in lieu of $25,000 cash bail since her arrest in February.
Indiana law allows use of closed circuit television for testimony from alleged victims in certain cases if the witness see the person accused and the person accused can see and hear the person testifying.
In a Sept. 6 order, Vanderburgh Circuit Court Magistrate Kelli Fink ruled that requiring them to testify in the woman's physical presence "would create a substantial likelihood of emotional and mental harm to these people."
A foster parent of both girls testified in a hearing last month that the girls reacted with fear and anger when the woman was mentioned and that one of the girls believed she may not be safe from her, according to court records.
In addition, a counselor working with the children said that "testifying in front of (her) would be very damaging to these children and that the children could be retraumatized and become extremely fearful."
She testified that was more likely to happen if they were in the same room than if they were testifying by camera from a different room.
Police arrested Datcher in February after a warrant for her arrest was issued. Throughout the investigation, Datcher denied sexually abusing the girls but did admit to several instances of alleged physical abuse, according to an Evansville Police Department officer in an affidavit of probable cause filed by the Vanderburgh County Prosecutor's Office. However, polygraph test results indicated deception when she was questioned about the alleged sexual abuse.
According to court records, the 6- and 4-year-old girls disclosed the abuse. One told investigators that Datcher put her hand in an oven near the red hot coils, beat her with belt and a looped electric cord and at one point held a lighted piece of paper near the girl's bared genitals and threatened to burn her.
Medical examinations of the two girls revealed signs of sexual abuse consistent with the girls' claims and found they had scars on their backs and legs, according to the affidavit. ..Source.. by Mark Wilson
