Sexting teens banned from using their phones for a year

9-21-15 North Carolina:

The high school quarterback who was facing four felony charges for sexually exploiting himself and one for having a sexually explicit picture of his girlfriend has agreed to a plea bargain and is now facing a year of probation. He will be not be able to own the devil's gadget that got him into trouble - a mobile phone - during that time.

North Carolina District Court Judge April Smith earlier this month sentenced the 17-year-old boy to a year of probation, according to Fayobserver.com.

During that time, her order says, the student must stay in school, take a class on making good decisions, complete 30 hours of community service, not use or possess alcohol or illegal drugs, not possess a mobile phone, and must submit to all the warrantless searches the state wants to foist on him.

The twisty little logic

As we reported previously, the boy and his girlfriend were arrested for sexting each other.

Under North Carolina law, the fact that he's 17 made him an adult, which thereby rendered him eligible to face felony charges of sexually exploiting a minor by sexting his underage girlfriend.

But because he sexted selfies when he was only 16, he was also accused of sexually exploiting another minor - himself.

In sum, North Carolina criminal law classifies teens aged 16 and 17 as adults when they commit crimes, yet also defines them as minors under the age of 18 when they're the victims of crime.

He was looking at the possibility of being charged with four felony charges for making and possessing sexually explicit pictures of himself, and one felony charge of possessing his girlfriend's sexual selfie, which she had sent to him.

The two had only sent the sexts to each other, which led many to question how in the world the police had found out about it.

It turns out that there had been an investigation into an alleged statutory rape involving a 14-year-old girl and other teen boys.

The quarterback, an 11th-grader at Douglas Byrd High School at the time, wasn't believed to have been involved in that alleged rape, according to Sheriff's Office Attorney Ronnie Mitchell, but his phone got swept up in the search. Hence, his sexting history came to light.

Similar to what his girlfriend had done in July, the boy admitted responsibility to lesser charges in the plea bargain: in his case, to two misdemeanor counts of disseminating harmful material to minors. Translation: he sent sexual selfies to his girlfriend.

The misdemeanors could be erased from his record if he stays on his best behaviour during the year's probation. He can also ask that the charges be expunged as well, so that there won't be any record of his ever having been charged.

Should those kids have been sexting? No. It can lead to sexual content escaping from its intended destination, and the result of that can be harassment, shaming and bullying.

But sexting is too deeply embedded in teen culture to believe it will ever go away, much as security publications and parents would love to see the phenomenon disappear.

Will taking away these two kids' mobile phones do the trick? Probably.

But the fact that they're now very much aware of the serious legal ramifications of underage sexting probably already put them off, and taking their phones away is very likely a redundancy.

Time to scare the kids

Most kids have no idea about the legal ramifications of taking, receiving, and/or sharing sexual images of minors, be those images of their lovers or themselves.

Studies have shown that the more kids know about those ramifications, the less they engage in sexting.

These are conversations with kids that have to take place.

Those conversations should include concepts such as just what a felony is, under what circumstances (such as a given state's laws on the matter) a minor can be criminally charged as an adult, what the penalties for such convictions might entail - including jail time - what it means to be required to register as a sexual offender, and how that black mark can last a lifetime.

Halloween's right around the corner.

Forget the ghosts and zombies: let's make sure kids know what the real dangers are when they engage in an activity many incorrectly assume is no big deal at all. ..Source.. by Lisa Vaas

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Guam Lawmakers Pass Law Allowing Chemical Castration of Sex Offenders

See earlier report:

9-20-15 Guam:

Lawmakers in the U.S. territory of Guam narrowly approved a bill earlier this month that would allow chemical castration of convicted sex offenders ahead of their release back into society, the Pacific Daily News reported on Sept. 4.

“This is a good day for the island of Guam,” said Sen. Brant McCreadie, who introduced the “Chemical Castration for Sex Offenders Act” to reduce recidivism rates of sex offenders at the island’s prison, the media outlet reported.

“It’s an important message; it’s a message that we as a body will not support this type of crime any more,” said McCreadie, who is a Republican. “It’s a stern, loud-and-clear message to any offenders out there that there’s going to be consequences.”

“Pending Gov. Eddie Calvo’s signature, the bill would launch a four-year pilot program at [Department of Corrections] in which eligible sex offenders could be selected to undergo anti-androgen treatment,” the media outlet reported.

The hormone treatment reduces a person’s sex drive, the article explained.

“The Guam Parole Board told McCreadie there are 53 sex offenders currently serving prison time at DOC who will be eligible for release on parole within three years,” the media outlet reported.

The bill passed on an 8-7 vote. ..Source.. by Penny Starr

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Lawmaker: Child porn law misused against sexting teens, but tools needed to fight predators

9-13-15 North Carolina:

The North Carolina legislator who passed a law 25 years ago that made it a felony to possess pornographic images of minors said he would not have used it to prosecute two sexting Fayetteville teenagers who were charged with that crime this year.

“I would think normally as a matter of prosecutorial discretion you would not charge a minor with sending a minor — having her own picture or sending to another minor — (that) would seem to me not the thing that most prosecutors are elected to do,” said state Rep. Paul “Skip” Stam of Wake County, who also is a lawyer.

Stam's legislation in 1990 created the felony offense of third-degree sexual exploitation of a minor. It was intended to crack down on people who sexually abuse and sexually exploit children, he said.

Both Fayetteville teenagers faced this charge for possessing sexually explicit pictures of themselves. They also were charged with creating child porn, which is second-degree sexual exploitation of a minor. The law against creating child porn was already on the books when Stam's law on possession of child porn was passed.

Stam said his legislation was needed because the law against the creation of child porn was sometimes problematic to enforce. The victims, some of them traumatized young children, had to testify about how the pornography was created, Stam said. They often were reluctant.

Stam's law against possession of child porn doesn't require the victims' testimony to enforce. The pictures or videos speak for themselves. It made it easier to obtain guilty pleas and convictions, Stam said.

Although the sexual exploitation laws have been tweaked over the years, most recently in 2008 to toughen their punishments and reinforce that exposure of the genitals can be prosecuted, they were on the books long before cellphones equipped with cameras became ubiquitous. They were in place long before large numbers of people began making nude photos of themselves to instantly share with their romantic interests.

The decisions by the Cumberland County Sheriff's Office to charge the teens and the District Attorney Office to prosecute the teens for sexting outraged many people, who commented on the charges in social media and elsewhere. The case made national news in the past few weeks and generated headlines as far away as Russia.

On Tuesday, Cumberland County Sheriff Moose Butler said he didn't necessarily agree with the use of felony charges against these two teens, but his deputies have to enforce the law as it's written.

District Attorney Billy West has the authority to reduce or dismiss criminal charges. He said Friday that his office made the right decisions in this case. His assistant reduced the charges to misdemeanors in plea bargains with the two teens. The arrangement holds the teens responsible and punishes them for their acts, but should ultimately leave them with no convictions on their records.

"The legislature has obviously criminalized the conduct, arguably at a more serious level than we resolved the case at," West said Friday. "Seemingly it would be that they did not think it was good public policy for these young people to be exchanging these sort of photographs with their phone."

West wouldn't debate the policy. "The legislature makes the law; I enforce it," he said.

Some in the legal system are puzzled that the teens were charged with committing crimes against themselves.

"That doesn't make a lot of sense," said former N.C. Supreme Court Associate Justice Ed Brady, who practices law in Fayetteville.

Brianna Denson, 16, was charged with second-degree sexual exploitation of a minor for making a sexually explicit photo of herself and third-degree sexual exploitation of a minor for possession of her photo.

Similarly, 17-year-old Cormega Zyon Copening faced two counts of second-degree sexual exploitation of a minor for making two sexually explicit photos of himself, and two counts of third-degree sexual exploitation of a minor for possessing the photos.

Copening had an additional charge of third-degree sexual exploitation of a minor for possession of a copy of Denson's photo.

Felony convictions could have put the youths behind bars, although a judge would have had the option to give them probation instead. But even if the teens were to avoid prison, a felony criminal record would have haunted them for the rest of their lives. Sex crime convictions would have required them to register as sex offenders for at least 10 years and possibly as long as 30 years.

Both teens agreed to plea bargains. Their charges were reduced to misdemeanors of disseminating harmful material to minors, and the two are serving 12-month sentences of probation.

Those charges are to be dropped when they complete their probation sentences next summer. They do not have to register as sex offenders.

If the teens had chosen to fight the charges of exploiting themselves, former state Supreme Court Associate Justice Brady said, their lawyers could have argued that taking a photo of yourself naked is no different than looking at yourself in a mirror.

"The facts make no sense - could the boy look in a mirror at himself? What's the difference? He's just recording his looking into the mirror," Brady said. "That would be my argument to a trial judge."

A defense lawyer could challenge the charges on constitutional grounds, said LaToya B. Powell, an assistant professor at the University of North Carolina School of Government. She is a former prosecutor and former state assistant attorney general.

The U.S. Supreme Court in recent years has said it violates the Eighth Amendment's prohibition against cruel and unusual punishment to impose the death penalty or mandatory sentences of life without parole on youth under age 18. This shows that the high court decided it's wrong to automatically treat youth under age 18 the same as adults in the criminal justice system, Powell said.

The teens' dual status as minor victim and adult criminal in the sexting case could violate the 14th Amendment's provision that every person must be treated equally under the law, Powell said.

If the teens are legally minors, their prosecutions as adults shows they are not being treated the same as other minors who happen to be younger than 16, Powell said. If the teens are legally adults, she said, then it's unfair to use the law to prosecute them for making pictures of themselves when adults older than 18 may legally take sexually explicit photos of themselves, she said.

At least 20 other states have modified their laws since 2009 to account for teen sexting, the National Conference of State Legislatures reported in 2013.

Stam, the state lawmaker who passed the 1990 child porn law, wasn't prepared to say whether North Carolina needs to change its law in light of the prosecution of the two teens in Fayetteville.

"I don't know. I've gotten the information from you on one side, and not from other folks, so I will think about that," he said.

Nonetheless, teens shouldn't get carte blanche to make sexually explicit photos of themselves, Stam said.

"This is not a good use of the prosecutor's time, or discretion, but you can't make it so that it's totally legal for 16- and 17-year-olds to do this because then the criminal gangs that are primarily involved in trafficking would just use 16- and 17-year-olds as their disseminators or as part of their operation," Stam said. ..Source.. by Paul Woolverton

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Berkeley council to hear midyear crime report

9-10-15 California:

BERKELEY -- Crime is up in most categories in Berkeley, part of a trend both in the Bay Area and nationwide, says Police Chief Michael Meehan, who will deliver a midyear 2015 crime report to start off a busy evening of City Council business Sept. 15.

Meehan's presentation is the subject of a special meeting at 5:30 p.m. at the Old City Hall, 2134 Martin Luther King Jr. Way.

According to Meehan's midyear report, the incidence of most crimes was up in the first six months of 2015 over the same period in 2014. "Part One" crimes -- homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft and arson -- rose 23 percent overall. The only category not to see an increase was homicide, which went from one in the first six months of 2014 to zero in the first six months of this year.

Reported rapes rose from 14 in the first six months of 2014 to 17 in the same period this year. In his report, Meehan notes nationwide increases in reported sexual assault statistics that he says are related to a revised definition of sexual assault by the FBI.

Robberies increased by 53 percent in the period, from 108 in the first half of 2014 to 165 the first half of this year. But both totals were substantially less than the same period in 2013, when there were 221 robberies.

Both violent crimes and property crimes are up this year, after dropping considerably from 2013 to 2014, with aggravated assault showing the largest percentage increase.

"Last year was our best year in 50 years," Meehan said this week, adding that Berkeley's decline in 2014 mirrored national figures.

He said there is no consensus among experts as to what is behind the recent uptick in crime after years of decline. The patterns are inconsistent, and no one factor -- he cited the economy, jobs, drug and alcohol abuse, technology, demographics and policing strategies -- can explain the increase, although all have some effect on crime incidence, he said.

The regular council meeting at 7 p.m. contains more than 50 consent items.

New business includes a proposed tobacco sale buffer zone around schools and parks; possible minimum wage ordinance revisions and amendments; a fair elections and public campaign financing ballot measure; and a resolution supporting efforts to stop sexual harassment at Berkeley High School.

Old business includes proposed retail incentives in commercial districts and a proposal to reinstate the practice of inviting community agencies to make presentations to city commissions during the funding allocation process.

Also on the agenda are more than a half-dozen information reports, on code enforcement, construction permits, bike sharing, the Community Environmental Advisory Commission work plan, a midyear update from the Energy Commission, a report from the Alameda County Transportation Commission, and recommendations by the Police Review Commission to change Berkeley Police Department procedures related to suspicious activity reporting and the department's relationship with the Northern California Regional Intelligence Center. ,,Source.. by Tom Lochner

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Guam sex offenders to get chemical castration

9-3-15 Guam:

HAGATNA, Guam — The Guam Legislature Thursday narrowly passed a bill for the creation of a pilot program to chemically castrate convicted sex offenders.

The Chemical Castration for Sex Offenders Act passed 8-7, according to a release from the legislature.

The pilot program at the Department of Correction will screen and refer convicted sex offenders to undergo anti-androgen treatment, or chemical castration, one week before their release. The candidates will be those eligible for release on parole within six months.

The bill will be forwarded to the governor.

“Thank you to my seven colleagues for passing this measure. With the support of Governor (Eddie) Calvo, Guam will join seven other jurisdictions in the nation and will be the only territory in adopting chemical castration for sex offenders and pedophiles,” the bill's author, Republican Sen. Brant McCreadie, said in a press release.

An amendment by Sen. Frank Blas Jr., R-Barrigada, established a sunset provision, giving the pilot program a 48-month period.

During deliberations on the bill Wednesday, Vice Speaker Benjamin J. Cruz, D-Piti, expressed concern that such a measure could lead to other legislation based on the eye-for-an-eye punishment.

"Is there going to be a piece of legislation to cut out tongues, cut out hands?" he had said.

The bill was introduced as a response to the FBI's 2013 crime statistics, which breaks down rape numbers for the territories and states.

FBI Definition of Rape: The UCR Program counts one offense for each victim of a rape, attempted rape, or assault with intent to rape, regardless of the victim’s age. Sexual relations without the victim’s consent which involves a familial offender is counted as a rape and not an act of incest.

In 2013, Guam saw a rate of 64.2 reported rapes per 100,000 people — high above the national average of 25.2 per 100,000 people, news files state. Of the 50 states, only Alaska had a higher rate than Guam, reporting a rate of 87.6 rapes per 100,000 people.

"The numbers are staggering," McCreadie, said Wednesday during a discussion of the measure on the Legislature floor. "It's frustrating, ... it makes you shake your head."

The legislation would be a "first step to addressing Guam's rape problem," the McCreadie said, adding: "We need to find solutions, this Legislature needs to find solutions."

During the opening discussions on the bill Wednesday, Sens. Tom Ada, D-Tamuning, Mary Torres, R-Santa Rita, and Nerissa Underwood, D-Tamuning, raised several concerns.

Torres was concerned the measure infringes on the individual's civil liberties.

"What we're doing is imposing on their civil liberties," she said. "The judicial system allows for people to rehabilitate."

Underwood opposed the bill and raised concerns that the legislation did not specify a beginning-and-end time frame for the pilot program. She proposed the bill be removed from the session floor and sent back to committee.

Her motion failed, however, as it received supporting votes from only two other senators — Cruz and Ada.

When discussions resumed, Blas expressed his support for the measure. He also proposed a series of amendments to address some of the concerns of his colleagues.

One of those amendments, which he worked on with Underwood, established the sunset provision, giving the pilot program a 48-month period. Blas also proposed DOC complete an evaluation of the pilot program within 36 months of the program's implementation.Lawmakers agreed to Blas' proposed changes. ..Source.. by Masako Watanabe

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"I know I Made a Mistake," Local Sex Offender Speaks Out, "Before You Judge Them, Talk To Them"

8-7-15 North Dakota:

Years after pleading guilty to having sex with a minor, a local man wants to share the struggles of being labeled as sex offender in the community. "I know I made a mistake and I own up to that,” says Robert Feyh, a level three sex offender, “But, the state of North Dakota is very hard on sex offenders."

We often report on valley news live when sex offenders move into a new neighborhood. They are required to register with police where they are living. A move authorities say is to keep the community safe, but we don't often hear from sex offenders themselves.

Valley News Team's Crime and Safety Reporter Nicole Johnson spoke with Feyh, a 26-year old level three sex offender. "It makes you think you're the worst of the worst,” he says.

What landed a Feyh on the sex offender list he says began as a high school relationship, "Started to become friends, and then it got stronger."

Feyh says his family turned him in when he was 18 for having sex with a 14 year old. "Back in the day 4 years apart was nothing, there was all kind of people dating back then,” says Feyh, “And now 4 years apart is like, oh hey he's a pedophile, he's a creepo."

Feyh did time for corruption of a minor, and now is labeled as a level 3 sex offender. "Not every single sex offender here in Fargo is a bad person, they have had their struggles, and before you judge them, talk to them." Says Feyh , explaining his struggles, "I've already been to jail a few times because I have had a failure to register for being homeless because I can't find anywhere."

Now 26, Feyh says the label has created a vicious cycle, "You see a level three and you automatically think they are all dangerous." He's only found 3 apartments in the city that will allow him to live there. A problem he says many on the list face, some end up homeless.

"If they have a housing for us, just something more accepting, or more understanding," says Feyh, hoping for change in the future. While he admits he should pay for his mistake, he's hoping the community won't look at all sex offenders the same or assume they are dangerous.

After Moorhead police notified the public about Feyh's change of address, several of his friends reached out to us on Facebook. Saying he faces a lot of ridicule, asking us to get the full story out there. ..Source.. by Nicole Johnson

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Connecticut committee begins 2-year review of sex offender programs; housing a major issue

8-5-15 Connecticut:

HARTFORD, Connecticut — A major obstacle for sex offenders in Connecticut is a lack of housing, a new panel that embarked Wednesday on a two-year review of issues facing offenders and victims was told.

Eduardo Palmieri of the state Judicial Branch's court support services division said a "supportive living environment" is the best place for a sex offender re-entering society, but such a place can be hard to find.

"A lot of our offenders who have family have lost their support or have never had any familial support," said Palmieri, deputy director of adult probation. And if an offender becomes transient or homeless, the risk of that person committing more crimes increases, he told the special committee of the Connecticut Sentencing Commission.

Probation officers in Connecticut were overseeing 2,300 sex offenders as of July 31.

Lisa Tepper Bates, a committee member and executive director of the Connecticut Coalition to End Homelessness, said some homeless shelters are housing a disproportionate number of sex offenders because of the difficulties registered sex offenders have in finding permanent housing.

The group agreed to form three subcommittees that will examine sex offender sentencing, management of sex offenders and the needs of the community and victims. The committee is to submit a final report in 2017 to the General Assembly, which passed legislation this year calling for the extensive review.

Besides housing, the state's sex offender registry is expected to be a major focus of the group's work. The website currently provides the public with information on more than 6,000 sex offenders living in the state who are required to register with the Department of Emergency Services and Public Protection. But critics contend the site makes it difficult to determine which offenders are high-risk.

The committee is expected to find ways to make the registry more detailed and possibly implement a tiered system to help the public determine whether an offender is potentially a major threat.

Division executive director Stephen Grant, who co-chairs the committee, warned members their task will be labor intensive. ..Source.. by SUSAN HAIGH

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Sex offender registry hearing gets continued

4-8-15 Arizona:

A hearing for a Yuma man who was attempting to have his name removed from the state’s lifelong sex offender registry was continued recently when, by chance, the attorney of one of his victims asked that the matter be rescheduled.

Yuma attorney Dale Wren said he was at the Yuma County Superior Court on the morning of Feb. 19 when he noticed the name of James Anthony Cruz on Superior Court Judge Larry Kenworthy’s calendar and stepped inside the courtroom to find out what the hearing was about.

Upon speaking with the attorneys on the case, Wren said he was told the hearing was to consider a motion to terminate Cruz’s probation, which requires that he also register as a sex offender. He added he was also told that despite there being numerous victims in the case, only one had been notified about the hearing.

“I think it is outrageous. He needs to be monitored,” Wren said in an interview. “The lifetime probation was part of his sentence and was very important to all the girls. They will re-victimize these girls all over again if he is allowed to get off of probation.”

According to court records, on Aug. 18, 2000, Cruz, who was employed as a Community Supervision Officer for the Yuma County Juvenile Courts, was convicted of providing drugs to and having sex with several female juvenile probationers and was sentenced to seven years in prison, in addition to the probation.

The motion, which was originally filed by attorney Michael Donovan in August 2013, requests that the court terminate Cruz’s probation based on him having paid all the restitution that was ordered in the case, that he has been employed and on probation for the seven years following his release without incident, and that he had completed all of his court-ordered treatment.



Wren said that during that February hearing he informed the court that he was still in touch with some of Cruz’s victims and asked it be rescheduled to a later date, which would allow him time to inform them of the motion, as well as provide them with an opportunity to attend a future hearing on the matter or have him speak on their behalf.

“Almost all of these girls have got their lives together now,” Wren said. “It is hard to guess how (Cruz) getting off of probation would affect them.”

Wren said that he was unaware the Cruz has been trying to get his probation terminated for the past two years.

The problem, he explained, is that while victims are entitled to notification whenever the status of a sex offender changes, the girls were young at the time and didn’t request it.

“They figured he would be monitored for the rest of his life and are trying to forget about what happened,” Wren said. “Victims of this type of abuse don’t ever want to be reminded about it.”

Kenworthy granted Wren’s request and rescheduled the hearing to consider the petition to terminate Cruz’s probation for 2 p.m. on April 23.

Wren said anyone who was involved in the case who would like more information about the upcoming hearing can call his office at 329-1871. ..Source.. by James Gilbert

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Sheriff bans sex offenders from church

See also: Barred from Church and Later Article

3-7-15 North Carolina:

ROBBINSVILLE, N.C. — A sheriff in one of North Carolina's smallest counties told registered sex offenders they can't go to church, citing a state law meant to keep them from day-care centers and schools.

Graham County Sheriff Danny Millsaps told sex offenders about his decision Feb. 17, according to a letter the Asheville (N.C.) Citizen-Times obtained Friday. About 9,000 people live in Graham County, which abuts Great Smoky Mountains National Park on the Tennessee line in far western North Carolina.

"This is an effort to protect the citizens and children of the community of Graham (County)," he wrote. "I cannot let one sex offender go to church and not let all registered sex offenders go to church."

He invited them to attend services at the county jail.

In an interview Friday, Millsaps said he may have made a mistake when he wrote that offenders "are not permitted to attend church services."

He said he understands the Constitution gives everyone the right to religious freedom. But he said he's standing by his take on North Carolina law blocking offenders from places where children are present.

"I understand I can't keep them from going to church," he said. "That may have been misunderstood. I'll be the first one to say I might have made mistakes in the wording of that letter."

Millsaps has no immediate plans to arrest a sex offender should one of the 20 in his county attend church Sunday, he said.

Graham County Manager Greg Cable said the county attorney is looking into the matter and any legal mistakes would be corrected.

At the Citizen-Times' request, the American Civil Liberties Union in Raleigh is reviewing Millsaps' letter. The newspaper also sent a copy to the North Carolina Department of Justice for an opinion on the law.

Neither responded immediately.

Other North Carolina counties have dealt with the same issue:

• In Chatham County, deputies in 2009 arrested a sex offender for attending church, citing the same law. A state Superior Court judge eventually ruled the law as applied to churches was unconstitutional.

• In Buncombe County, sex offenders are permitted in church as long as pastors know and are in agreement, Sheriff Van Duncan said.

That's similar to the county's policy for allowing sex offenders at school events like ball games. They are allowed as long as school administrators have warning, and the offenders are monitored to some extent, the sheriff said.

The law allows schools to do this, a factor the judge noted in 2009 in the Chatham County case.

If a sex offender threatens a child at a church or school event, Duncan said the law can be enforced and used to ban the offender.

Church leaders in Buncombe County, where Asheville is located, generally want to minister to sex offenders, he said.

The law applies to public, private and church schools that have weekday classes. Sex offenders generally are banned from school property. ..Source.. by Jon Ostendorff

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Bellone Provides Status on Community Protection Act in Aftermath of Recent Court of Appeals Ruling

I think there is a MAJOR problem with statistics cited by Suffolk County Executive Steve Bellone for the SORTS program:

((10-2-13 Police Arrest Registered Sex Offender For Allegedly Exposing Himself To Kids On L.I.))....((2-12-13 Arrest for Sex Offender Violation))....((2-3-13 Police Arrest a Sex Offender For Public Lewdness In East Northport ))....((Also see hundreds reported by Laura Ahern and Suffolk Police in news article following this one below..3-13-2014 Report: Sex offender tracking in Suffolk has improved..))

Thats 3 arrests (plus hundreds in article below) of registered sex offenders, 2013-2014 Suffolk news reports, and there are more. Belltone cites 12 arrests in the 4-years prior (2009-2012) and ZERO since the enactment of his law. Do we believe the media or the lawmaker? OH one more thing, Parents for Megans Law cites several arrests and cites the SORTS Tip program for solving these cases. Clearly something is wrong here...

2-27-15 New York:

Suffolk County Executive Steve Bellone was joined by members of the Suffolk County Legislature, Suffolk County Police Department and Parents for Megan’s Law to announce the status of the County’s Community Protection Act (CPA) in the aftermath of the recent state Court of Appeals decision that repeals local residency restriction laws for sex offenders. The CPA, which was implemented in 2013(February according to news report), was the nation’s first public-private partnership to help protect residents against sexual violence.

“Sexual violence knows no boundaries and could affect all of us regardless of age and gender, and must come to an end,” said Suffolk County Executive Steve Bellone. “In light of the recent court decision, we are reminding our residents that Suffolk County has and will continue to enforce the nation’s toughest monitoring, enforcement and verification program.”

“This plan is comprehensive and it works, and the success of this program is in large part due to the dedication of County Executive Bellone, his staff, our Suffolk County legislators and our positive working relationship with Suffolk’s finest, the Suffolk County Police Department,” said Laura Ahearn, Executive Director for Parents for Megan’s Law. “We appreciate their ongoing commitment to this program and to our mutual goal of protecting the most vulnerable.”

“The numbers speak for themselves,” said Suffolk County Legislator Robert Calarco (7th District), “What we have accomplished in Suffolk County is a very proactive approach to dealing with this problem and reducing recidivism.”

“The Community Protection Act is working as we have an extraordinary level of monitoring,” said Suffolk County Legislator Jay Schneiderman (2nd District), “Zero recidivism is unbelievable as Suffolk County is now a safer place to live.”

“We have a phenomenal Special Victims Unit in the Suffolk County Police Department, and outstanding leadership by Parents for Megan’s Law,” said Suffolk County Legislator Kate Browning (3rd District). “This partnership helps us to make sure that we know where sex offenders live in Suffolk County.

“This is the strongest law in the country right here in Suffolk County,” said Suffolk County Legislator Sarah Anker (6thDistrict). “There is a resource – Parents for Megan’s Law – that our residents can utilize to not only fully understand the issue of sex offenders in our community but to assist in the enforcement of the Community Protection Act.”

Since the implementation of the Community Protection Act, there are no reported cases with the Suffolk County Police Department of Suffolk County registered sex offenders reoffending in the County, a 100% reduction of sex offender recidivism. In the four years prior to the Community Protection Act being passed, there were 12 arrests of Suffolk County registered sex offenders for reoffending within the County.

The enforcement aspect of the program has lead to the Suffolk County Police Department making 44 arrests of those who are on the sex offender registry list for failure to comply. Also, nearly 100% of sex offender registrants were brought into compliance for failures to register home addresses, and 92% of Level 2 and 3 offenders were brought into compliance for failures to register work addresses. The public-private partnership will continue to extensively monitor the registry to ensure that all sex offenders are in compliance with County law.

Parents for Megan’s Law additionally highlighted that due to the Community Protection Act, more than 100 registered sex offenders in Suffolk County were removed from Facebook. Parents for Megan’s Law’s hotline, which is staffed by retired law enforcement personnel, has processed over 17,000 phone calls in the past 22 months to assist County residents. ..Source.. by LongIslandExchange.com

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Report: Sex offender tracking in Suffolk has improved

3-13-2014 By LAURA FIGUEROA

A year after Suffolk lawmakers passed a law to intensify monitoring of registered sex offenders, a nonprofit found dozens of offenders who had provided inaccurate addresses and more than 140 others who violated rules requiring them to update their photos on a state registry.

Laura Ahearn, executive director of Parents for Megan's Law, contracted by the county last February to monitor more than 900 registered sex offenders, told lawmakers Thursday that the increased scrutiny has led to an increase in arrests for violating state reporting requirements.

"The Suffolk County [sex-offender] registry is more up to date than it's ever been," Ahearn said.

Last year's Community Protection Act, which was backed by Suffolk County Executive Steve Bellone, provided Ahearn's group with $2.7 million over three years to track sex offenders in the county and create community awareness programs. The measure also shut down controversial trailers that Suffolk had used to house more than 30 homeless sex offenders on the East End. Offenders were placed in county homeless shelters instead.

As of this February, there were 1,005 registered sex offenders in Suffolk, according to the New York State Division of Criminal Justice.

Parents for Megan's Law has hired seven investigators -- all retired law enforcement officers -- who verify home and work addresses. The investigators also monitor social media to determine if registered offenders have set up unauthorized accounts. Under state law, offenders must register email addresses and any social media accounts.

Ahearn said to date the group has forwarded 182 tips to Suffolk police for offenders who were in possible violation of Internet regulations including not registering email addresses.

Suffolk Police Chief of Detectives William Madigan told lawmakers that the tips forwarded by the nonprofit have led to an increase in arrests against registered offenders who have violated state reporting requirements.

In 2012, Suffolk police reported 156 arrests of sex offenders. Last year [2013], that number was 204, Madigan said.

"This partnership is a force multiplier," Madigan said. "We have more people now looking at the offenders."

There are currently 34 registered homeless sex offenders in Suffolk. They are required to call the department nightly to check in with their shelter location, Madigan said.

Presiding Officer DuWayne Gregory (D-Amityville) said he was concerned that homeless offenders might be clustered in low-income communities, and requested an update on their locations.

"We have people who have committed crimes of a sexual nature and we don't know where they are," Gregory said. "My concern is those people will be . . . put in low-income and minority communities more so than other communities."

Madigan said detectives had "vetted" and approved 45 shelter locations "dispersed" throughout the county, and would investigate any reports of more than one homeless offender per shelter.

Legis. Kara Hahn (D-Setauket) lauded the nonprofit's efforts, saying tracking has improved.

"I know this is something our residents get worried about," Hahn said. "It's an incredible improvement over what we've been doing in the past." ..Source.. ...

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ACTION ALERT: POLL on question: Should sex offenders be allowed to visit their own child at school?

I see no logical reason to stop sex offender parents access to their OWN children while other parents can access their OWN children! And other parents should NOT have any say in stopping sex offender parents from seeing their OWN children.. Please answer the POLL... POLL is over..

2-3-2015 Virginia:

RICHMOND, Va. — Virginia lawmakers will consider a measure Tuesday that will affect parents and their children. House Bill 1366 would change state guidelines pertaining to sex offenders on school property. The measure is aimed at limiting school access for parents who are sex offenders and want to visit their child’s school.

Under current state law, registered sex offenders are allowed on school campuses if their children goes to the school and their visit is cleared with the school superintendent. However, a bill introduced by Delegate Jeff Campbell (R-Marion) would change that.

Under Campbell’s bill, other parents with children at the school would be allowed to weigh in on whether or not registered sex offenders [Parents} would have access to their children while on school grounds. Campbell’s bill would require all sex offenders to have a hearing before being granted access to schools.

Under the proposed bill, registered sex offenders would have to use their own money to place an ad in the local newspaper publicizing a hearing date. Once the ad runs for two weeks, anyone could attend the hearing and testify against the registered sex offender. A judge would hear the arguments and rule on whether the parent would have access to the school.

The House Courts of Justice committee passed the bill with an unanimous vote. The full House of Delegates is expected to vote on the bill Tuesday. This is a developing story. ..POLL is HERE.. by Jasmine Norwood

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Morrissey, in midst of six-month jail term, wins special election to Virginia House

1-14-2015 Virginia:

RICHMOND — Joseph D. Morrissey was reelected Tuesday to the House of Delegates, opening another chapter in a made-for-TV-movie-style drama likely to captivate the General Assembly session starting Wednesday.

Running as an independent, Morrissey defeated Democrat Kevin Sullivan and Republican Matt Walton. The heavily Democratic district mostly spans the Richmond suburb of Henrico County.

With all precincts reporting, Morrissey won 42 percent of the vote, Sullivan 33 percent and Walton 24 percent, according to unofficial results.

Sullivan quickly conceded after the results posted online: “I’m very proud of the campaign we put together in such a short time frame. We met tons of voters who are dissatisfied in their representation and ready for effective leadership in the State House. I look forward to continuing my work on improving the lives of working class families.”

Voters were apparently unmoved by Morrissey’s plea last month on a misdemeanor charge of contributing to the delinquency of a minor, which stemmed from his relationship with a 17-year-old receptionist at his law office. The 57-year-old lawmaker maintained his innocence while entering a guilty plea to avoid a possible conviction on felony charges.

He also resigned from office, but he then immediately vowed to run for the seat in the special election to replace him.

Morrissey’s hurdles are far from over.

Republican and Democratic leaders quickly indicated they are considering all options, including beginning the process to expel or censure him as early as Wednesday when the legislature convenes in Richmond for a six-week session.

House of Delegates Speaker William J. Howell (R-Stafford) said he and Democratic leaders will look to the state Constitution and House rules to guide their next steps.

In a statement, Howell said: “Mr. Morrissey’s election tonight does not change the fact that his actions fall grievously short of the standards of a public servant in the House of Delegates. As Speaker, I have an obligation to faithfully and impartially discharge my duties as presiding officer and a responsibility to protect the honor and integrity of the House of Delegates as an institution. There are a number of options available to the body to address questions of conduct regarding its members.”

Echoing Howell, House Minority Leader David J. Toscano (D-Charlottesville) and Democratic Caucus Chairman Scott A. Surovell (D-Fairfax) distanced themselves from Morrissey and denounced his actions.

“Joe Morrissey chose to run as an Independent; he is not a member of the Democratic Party, nor is he a member of the House Democratic Caucus. His conviction and actions over the past two months were reprehensible, and we will be exploring every avenue in regard to his status as a member of the House of Delegates,” they said in a statement.

Morrissey is scheduled to be sworn in Wednesday. His law partner, Paul Goldman, said he notified Morrissey of his win in a phone call. “This is a victory for the people,” Goldman said. “The people have spoken. This is our system. Joe respected the voters. He treated them with respect.”

If lawmakers move to oust Morrissey, a new spectacle could unfold involving public hearings rehashing the sordid details that landed Morrissey behind bars.

Any action against Morrissey also would put his House colleagues — many of whom strenuously called for him to resign altogether — in the uncomfortable position of thwarting the will of the electorate to keep him out of Virginia's decorum-bound General Assembly.

Like all legislation, the process to expel or censure a delegate begins with the filing of a resolution, which would be referred to one of several committees or a select committee created for this purpose. The committee would hold hearings before sending its recommendation to the full body. Two-thirds of delegates are needed to expel; a simple majority is required to censure.

If Morrissey is expelled, yet another special election could be called — and he could run again if he chooses. In the case of a censure, lawmakers could strip Morrissey’s committee assignments, keep him from serving on boards and commissions or suspend his floor privileges.

By resigning, even though he was reelected Tuesday, Morrissey has already lost his seniority as well as his office space and plum seat on the House floor.

After entering his guilty plea last month, Morrissey was sentenced to six months in jail. He was accepted into the work-release program, allowing him to leave jail for up to 12 hours a day for campaign activity or to work at his law practice.

The work-release program also reduces Morrissey’s sentence to 90 days.

Henrico County Sheriff Michael Wade said Morrissey has typically left the jail at 7:30 a.m. and returned at 7:30 p.m., but for election day, he requested a slightly later schedule, starting at 8 a.m. — meaning results weren’t even final when he was required to report back to jail for the night.

Wade said Morrissey returned to jail — while doing a television interview on the way in — six or seven minutes late. “I’m taking a half an hour of his time away from him tomorrow morning,” Wade said.

Morrissey has been allowed to drive his car, which was outfitted with a GPS device to track his movements. The procedure will continue during the session but with accommodations for the General Assembly’s unpredictable schedule, which often finds lawmakers deliberating late into the night.

“His job is different, but we’ve had plumbers and electricians and people like that that are jailed who have to tell me where they’re going everyday. It’s just that he’s a politician,” Wade said.

Morrissey has a cell to himself at Henrico County’s Regional Jail East in New Kent County, which houses work-release inmates. A common day room is equipped with a television, Wade said.

Prosecutors said that in addition to the affair, Morrissey also shared a naked photograph of the young woman while she was underage.

Morrissey and the woman have both denied the charges, claiming that her jealous ex-girlfriend hacked into their phones and sent a series of salacious text messages.

The scandal grew in the final frenzied days of the campaign.

Henrico County police signaled that another investigation was underway Monday when they seized computers from Morrissey’s law office. In a search warrant filed in Circuit Court, police allege that a child support agreement that Morrissey had entered as evidence in his criminal case was forged.

That agreement involves the woman and her father, not the teenager’s own child. According to the papers, her father agreed to pay her $50 a week. He is now saying he never signed that agreement, and police say it is a “forged and fraudulent document.”

The development suggests that Morrissey’s legal troubles may continue.

The woman, now 18 and pregnant, in a radio interview Monday denied having a sexual relationship with Morrissey. She declined to identify the father of her child, which prosecutors have said is “perhaps” Morrissey’s.

“The truth will come out,” she said, “and I’m looking forward to that day when that does happen.” ..Source.. by Jenna Portnoy

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Inmate rights advocate hopes his story changes minds

11-29-2014 Texas:

Josh Gravens’ résumé is long and scattered: He has herded goats at a farm and repaired wind turbines in West Texas. He has peddled pest control, firewood and Christmas trees. But he hasn’t done any of those things for long — it’s hard to keep a job when you’re a registered sex offender.

Now the 28-year-old Dallas resident, who is on the registry for an offense he committed when he was 12, has found a vocation he hopes to keep. For more than a year, he has advocated full-time for prisoners and convicts in Texas.

In recent months, Gravens has stood before the Dallas City Council urging it to reject a proposal to ban registered sex offenders from areas where children congregate. He has helped organize a rally at the Texas Capitol for hundreds of former inmates and their families. And he has brought journalists to Dallas police headquarters to learn about the sex offender registry.

His work has gained attention in part because of how open he is about his conviction. For years, being on the registry was a burden, he said. Now, it’s a tool for his advocacy. “This is what I do,” he said. “I provide a perspective that no one has provided before.”

‘Very passionate’

Gravens’ most prominent work might be his recent advocacy before the Dallas County Commissioners Court. He worked with County Judge Clay Jenkins to block a plan that would have replaced in-person visits at the county jail with video chats.

Gravens collected about 2,500 signatures on an online petition against the idea and spent hours recruiting people to voice their opposition at Commissioners Court meetings. The commissioners ended up approving video visitation, but only as a supplement to, not instead of, in-person visits.

“I found him to be a very passionate and intelligent advocate,” Jenkins said.

Jenkins said he was impressed with how Gravens understood the impact of elected officials’ decisions on inmates. Gravens said he gained that understanding firsthand after spending most of his high school years behind bars.

His story is difficult to verify, given that documents related to the arrests of juveniles aren’t publicly accessible. Gravens said that even he has been unable to track his case file down, though he did provide a letter from his sister and documents from a related court case years later.

He said he was arrested on Jan. 15, 2000, at his home in the small community of Eula, outside Abilene. On two occasions months before, he had sexual contact with his 8-year-old sister, he said.

He said he went to jail after his sister told her mom, who told a Christian counseling service. The counselor reported the matter to police. Officers showed up and handcuffed Gravens the next day, he said. He was charged with aggravated sexual assault of a child and spent the next 31/2 years in the juvenile justice system.

Gravens described the time in custody as painful, but he said it also exposed him to formal education for the first time. Before his arrest, he was home-schooled by his religious parents. In prison, he spent hours reading novels and books on philosophy and government. When he was released in 2003, he felt ready to thrive in a public high school.

But he soon learned that thriving would be difficult with a sex crime on his record.

On the registry

Even though his arrest happened when he was a juvenile, Gravens was listed on the state’s public sex offender registry. At first, no one seemed to notice. He earned good grades in high school, joined the prom committee and was elected to the student council, he said.

Then, as graduation neared, word spread about his arrest. He spent the final weeks at school as a pariah.

Life after high school followed a similar pattern. Gravens said he spent a year at Texas Tech University but stopped attending class after a television news report outed him as a sex offender. He got married and had children. But each time he settled into a job, his secret became public and he was fired or asked to resign. One time, his co-workers threatened to throw him out of a wind turbine if he didn’t quit, he said.

In 2011, he moved to the Dallas area. The hope, he said, was that he’d be more anonymous in a bigger city. But soon he began to believe that anonymity wasn’t the answer. In 2012, he responded to a message on an email list for convicted sex offenders. A journalist from the Texas Observer was looking to write about someone who had been convicted as a child.

It was the first time he publicly discussed his case, and he said the results were good. The reporter put him in touch with a judge, who agreed to hold a hearing on Gravens’ status on the registry.

His sister sent the judge a letter saying Gravens had “paid his debt to society and to me for what he did.” The judge removed him from the public list, though he still has to register with police.

Enormous stigma

Now, Gravens has no interest in keeping his background private. In 2013, he received a year-long George Soros Justice Fellowship from the Open Society Foundations to educate people “about the harms associated with placing children on sex offense registries.” Many involved in law enforcement say the registries are vital to protect children from predators. Gravens said he tries to teach people that the registry includes many people who are no danger to society but suffer from enormous stigma.

The best way to convince people, he said, is to tell his story. Gravens says hasn’t been arrested for a sexual offense since his time in jail. He has lectured to students at the Massachusetts Institute of Technology and has held monthly support group meetings for people on the sex offenders list.

“To have his voice out there is just huge because there are so many people who are registered who feel like they have no voice at all,” said Mary Sue Molnar, founder of Texas Voices for Reason and Justice, another inmate rights organization.

Gravens’ fellowship expires this month, meaning he’ll be looking for a job again. He said he hopes to stay involved in activism. For once, he said, this search isn’t hampered by worries about his past.

“My life goal, my existence is to put policymakers and the public in touch with people who have the stories,” he said. ..Source.. by MATTHEW WATKINS

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Freedom of Speech Squashed: Under the color of law?

This is a MUST MUST MUST read (3 musts no mistake). From With Justice for All (WJfA) blog; remember 3 MUSTS read! Definition of "Under Color of Law" by the U.S. Dep't of Justice

10-28-2014 Indiana:

From WJfA Blog:

A little town in Indiana named Bedford did something this Halloween that I found particularly despicable. The past week or so I have been commenting fast and furiously, as often as possible, against the need to expend extra-ordinary efforts protecting trick-or-treaters against registrants and for the more-needed addition of traffic patrols Halloween evening and night. I was getting rather blase about it because the articles were much the same: for the town's or county's registered citizens, no decorations; no lights; no costumes; no handing out treats; no being on the streets; mandatory meetings.

Then this morning, this headline really caught my eye: "Police use creative video to warn community about sex offenders before Halloween." The opening paragraphs give the full picture--pun intended--better than I could paraphrase it:

• Halloween is just days away, and one central Indiana police department is getting the word out about local sex offenders.
• The Bedford Police Department made a Facebook video that shows the faces of the nearly 50 sex offenders living in the city.

My first thought was, "Well, crap. What if some kid sees his or her daddy or uncle or grandpa on there? Will there be any end to the grief for that child, to the harassment and bullying that will result from peers?"

My second thought was, "This is SO wrong." I started hunting for a way to post an objection. The article did not have a comment board attached. I found a Facebook page for the news outlet that posted the original article and dropped in this comment:

Now if you want to know EXACTLY what happened
jump on over to With Justice for All blog, be ready for SHOCKING results...

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Amendment 2 asks whether child sex defendants' past acts can be used against them at trial

The real question here is, treating sex crimes differently than other crimes, when there is no proof or research that any specific crime type, has a higher rate of unprosecuted crimes than any other crime type? A BELIEF is not proof of the truth of the statement!

10-19-2014 Missouri:

In August, the Missouri Supreme Court swept away one of the last vestiges of a centuries-old legal doctrine that the testimony of sex-crime victims could not be trusted. On Nov. 4, Missouri voters are being asked to make an exception to another long-standing rule, in place for more than 100 years.

The Missouri Constitution currently bars testimony that past acts show propensity — that the accused is likely guilty of the same crime again. Amendment 2 would alter that rule in cases involving child sexual abuse, including allowing testimony about crimes that were never charged.

Supporters argue the exception is necessary because pedophiles often have more than one victim, many of whom remain silent for years as they endure abuse in a family setting.

“From our perspective, we fully believe most sexual predators began their work as teenagers,” said Emily van Schenckhof of Missouri Kids First, an organization that provides support for the state’s 15 child advocacy centers.

Opponents said Amendment 2 undermines a basic protection in an area of law that already makes substantial exceptions to the rules that regulate other trials. Amendment 2 does not limit the testimony about other crimes to similar acts, said Michelle Monahan, treasurer of the Missouri Association of Criminal Defense Lawyers.

“We think it is one of the most dangerous propositions that has come along in a long time,” she said.

Amendment 2 was proposed by the General Assembly to overturn a 2007 Missouri Supreme Court decision in a case involving Donald Elliston, a Livingston County man convicted of repeatedly molesting a young girl. A law passed in 2000 allowed prosecutors to introduce evidence of Elliston’s conviction for sexual abuse of a 13-year-old girl to show he likely was guilty of similar acts with the new victim.

The court ordered a new trial, ruling the law violated the Missouri Constitution. “Evidence of a defendant’s prior acts, when admitted purely to demonstrate the defendant’s criminal propensity, violates one of the constitutional protections vital to the integrity of our criminal justice system,” Judge Michael Wolff wrote for the unanimous court.

The issue that voters must decide is whether sex crimes against children are exceptional cases that require different rules.


■
Each year, Missouri’s 15 Child Advocacy Centers conduct about 7,500 forensic interviews with children younger than 18. More than 75 percent of the interviews concern alleged sexual abuse. Each interview is conducted in a neutral manner, observed by law enforcement and prosecutors from an adjoining room and recorded for use in court.

At Rainbow House in Columbia, the Child Advocacy Center has conducted more than 5,400 interviews since opening in 1998. Rainbow House serves a 10-county area of Central Missouri. “We were designed to be the neutral, safe-haven place for that child and family to come so that child can tell the story to all the investigative team members,” administrative director Janie Bakutes said.

The décor at Rainbow House is child-scaled. The base of the walls feature images of children at play, on skateboards or with tennis rackets and baseball bats. A large canvass covered in colored handprints helps build rapport with the child when they are asked to find a hand that matches their own, Bakutes said.

That rapport is key to making the interview a success, she said. The Child First model employed by the center is designed to allow the child to tell their story but not push them or suggest that they must talk.

“At some point the child is going to talk about it or not,” Bakutes said. “What we mostly find is it is a relief, that the kids know why they are coming in. We make it real plain.”

The forensic interviews are conducted in a spare room with beige walls and beige chairs and a few toys, markers and the like. The design is intended to relax the child with as few distractions as possible. Before the interview begins, the child is shown the room where observers will sit watching through a one-way mirror.

Cameras and microphones are mounted discreetly in the ceilings and walls, and backup power prevents the system from stopping during a storm. All that is explained to the child before the interview begins, Bakutes said.

The design has been created through trial-and-error. The sensational McMartin preschool case in the 1980s, where the owners were accused of molesting up to 360 children, fell apart when video recordings of the interviews revealed coercive, leading questioners were treating children like adult witnesses.

In Missouri, before the adoption of child advocacy centers, investigations of child abuse were often conducted by home visits in response to hotline calls, Bakutes said. The alleged offender often would be there, with the child services worker interviewing the victim in the next room.

“We did everything wrong, and would leave the child because the child would say ‘no, nothing is wrong,’ ” Bakutes said. ..Continued.. by Rudi Keller

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New unit formed to overturn wrongful convictions

10-8-2014 Arizona:

TUCSON - Just over 42,000 inmates fill Arizona prisons. Some of them have been wrongfully convicted. For the ones convicted in Pima County, the County Attorney's office has formed a new unit.

The Conviction Integrity Unit will be headed by Rick Unklesbay.

Jason Kreag, a visiting assistant professor at the University of Arizona James E. Rogers College of Law has worked with similar units across the country. He worked on the Innocence Project in New York for five years.

"They are now going to institute what I hope will be a really robust program to identify and rectify injustices," said Kreag.

Such as in Larry Youngblood's case. In 2000 after spending nearly a decade behind bars, Youngblood's conviction was overturned. DNA set him free.

Two years later, after spending 10 years on Death Row DNA also helped set Ray Krone free.

In a 2003 interview he told News 4 Tucson, "The best part was knowing that my family's faith in me was finally justified."

"This isn't just an issue about correcting an injustice for the persons who were wrongly convicted it's an issue about identifying the actual perpetrator," said Kreage. "It's happened in about 40% of the cases where the actual perpetrator is identified when we prove someone's innocence."

Many states provide compensation for those who have been wrongfully convicted. Arizona does not.

The County Attorney's office says inmates must send an application letter to Deputy County Attorney Rick Unklesbay at the Pima County Attorney's Office, located at 32 N. Stone Ave.

The letter must include the defendant's name and CR case number, evidence of innocence and how the unit will be able to look further into the evidence given.

E-mails can also be sent to Rick.Unklesbay@pcao.pima.gov with Conviction Integrity Application in the subject line.

For more information contact 740-5704. ..Source.. by KVOA.com

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University of Oregon hired sex offender to talk sexual assault awareness to athletes

9-30-2014 Oregon:

KATU’s On Your Side Investigators have learned a convicted sex offender was hired by the University of Oregon to talk to athletes about sexual assault.

A contract obtained by KATU says Adam Ritz was paid $4,000 to give the football team alcohol and sexual assault awareness training.

Ritz was convicted of sexual battery 10 years ago after a woman who babysat his kids accused him of sexual assault. He lost his job as a radio DJ in Indiana but went on to give talks about how to stay out of trouble at universities throughout the country. He’s also spoken to NFL teams. In the talks, he does bring up his conviction.

UO Professor Carol Stabile was outraged when she recently learned the school hired Ritz in May of 2013.

Stabile is a co-chair of the Faculty Senate Task Force to Address Sexual Violence and Survivor Support, which formed last spring after three UO basketball players were accused of sexual assault.

"The message he sends is that this can happen to anyone,” Stabile said, “and I simply don't believe that the particular crime he was convicted of can happen to anyone."

Stabile's not alone. Faculty and students have slammed administrators at other schools that have hired Ritz.

Ritz's website, however, features more than a dozen letters of recommendation from other schools. His sexual assault conviction is brought up on the site in small print.

KATU’s On Your Side Investigators called Ritz and emailed him, but so far he has not responded.

KATU asked UO’s interim president several questions about Ritz and got a response from a spokesman saying, “Adam Ritz is a nationally renowned public speaker on the topic of alcohol and drug awareness and the consequences of poor decisions. His personal experience is a critical component of his message.”

The talk by Ritz was one of four sex assault awareness presentations given to the football team last year.

The basketball team, meanwhile, only attended one group seminar, an hour-long talk on “healthy relationships,” according to documents released by the UO athletic department. ..Source..w/Video.. by Joe Douglass

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Pastor arrested on child porn complaint after allegedly writing a story (No Pics)

9-22-2014 Oklahoma:

MCALESTER, Okla. — New details on a McAlester pastor arrested over the weekend on child pornography charges. Larry Jones, 65, the pastor at Missionary Baptist Church, is now out of jail. FOX23 learned it was a story he wrote and not pictures or videos that put him in jail.

A McAlester police detective told FOX23 they believe Jones wrote a one-page story that was detailed and graphic and named girls from his church specifically.

The detective said it was the worst thing he’s ever read. “It is shocking,” said Sgt. Chris Morris. Morris had a difficult time repeating some of the details in the story.

“What it was, was a very graphic, detailed story about three young girls that went to his church,” said Morris.

Last week, Jones’ wife was trying to print something on the printer at their home when instead the story printed. She read it and immediately turned it over to police.

McAlester police say Jones admitted to writing the story and he was arrested for possession of child pornography.

“He said he had no intention of acting on it. It’s just something he’s been battling in his head,” said Morris.

FOX23 went to Jones’ home on Monday but no one answered the door. McAlester police said anything, including writing, painting and sculpture, can be considered child pornography.

Police talked to the parents of the girls mentioned in the story. “She was extremely shocked. She was very surprised. She immediately went into tears,” said Morris.

Police do not believe Jones had any inappropriate physical contact with the girls. With the help of the Oklahoma State Bureau of Investigation, McAlester police will now look through Jones’ computer for additional evidence.

“We don’t know what his plans were if we didn’t catch this or if his wife hadn’t found that letter,” said Morris.

FOX23 spoke with several of Jones’ neighbors. None of them wanted to go on camera but all were shocked at the allegations. Police say Jones has no criminal history. ..Source.. by Angela Hong

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Missouri Constitutional Amendments on the November 4, 2014 Ballot

9-17-2014 Missouri:

Constitutional Amendment No. 2
Proposed by the 97th General Assembly (First Regular Session) HJR 16

Shall the Missouri Constitution be amended so that it will be permissible to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age? If more resources are needed to defend increased prosecutions additional costs to governmental entities could be at least $1.4 million annually, otherwise the fiscal impact is expected to be limited.

Yes
No

Click to Read HJR 16
From MO Secretary of State- Fair Ballot Language:

• A “yes” vote will amend the Missouri Constitution to allow evidence of prior criminal acts, whether charged or uncharged, to be considered by courts in prosecutions of sexual crimes that involve a victim under eighteen years of age. The amendment limits the use of such prior acts to support the victim’s testimony or show that the person charged is more likely to commit the crime. Further, the judge may exclude such prior acts if the value of considering them is substantially outweighed by the possibility of unfair prejudice to the person charged with committing the crime.
• A “no” vote will not amend the Missouri Constitution regarding the use of evidence of prior criminal acts to prosecute sexual crimes.
• If passed, this measure will have no impact on taxes.

..Source.. by Callaway County Clerk

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Sexual abuse measure could lead to wrongful convictions, attorneys say

See also: Missouri Evidence in Sexual Crimes Against Minors, Amendment 2 (2014)

9-17-2014 Missouri:

A Missouri ballot measure that would allow allegations of past actions to be used against people facing child sexual abuse charges could lead to more wrongful convictions of the falsely accused, a prominent defense attorney said Wednesday.

The proposed constitutional amendment is backed by prosecutors, sheriffs and police chiefs’ groups.

It would allow past criminal acts — even alleged crimes that didn’t result in convictions — to be used to corroborate victim testimony or demonstrate a defendant’s propensity to commit such crimes when people face sex-related charges involving victims younger than 18. However, the evidence’s admissibility is at the judge’s discretion, meaning if the judge doesn’t think it is relevant to the matter being tried then it can not be used.

Currently the previous acts of defendants cannot be presented as evidence to a jury unless they waive their Fifth Amendment rights and testify. The past allegations can also be taken into consideration by judges during sentencing hearings after the defendant has been found guilty.

If approved by Missouri voters in November, Constitutional Amendment 2 could make it more difficult for defendants to persuade juries and judges of their innocence, said Kim Benjamin, a Belton attorney who is the past president of the Missouri Association of Criminal Defense Lawyers.

“You’re now defending your entire life, your entire reputation, rather than this one act,” she said. “It causes a tremendous risk for more people to be wrongly convicted.”

One of Benjamin’s most prominent clients was Burrell Mohler Sr., the patriarch of a western Missouri family who was accused along with his four sons of sexually abusing young relatives over many years. The charges ultimately were dropped in March 2012, after Mohler had spent more than two years in jail while awaiting trial.

The proposal, which was referred to the ballot by the Legislature in 2013, is a backlash against a December 2007 Missouri Supreme Court decision of State v. Ellison that struck down a state law allowing evidence of past sexual crimes to be used against people facing new sex-related charges involving victims younger than 14. Before Ellison, the Legislature had twice tried to establish legislation that would make the state’s statues regarding these issues mimic federal law, but both attempts were deemed unconstitutional by the Supreme Court. ..Continued.. by News Tribune staff and AP wire reports

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