Showing posts with label (..c John Gardner III. Show all posts
Showing posts with label (..c John Gardner III. Show all posts

May 28, 2010

'Chelsea's Law' Could Cost Millions To Enforce

It simply boggles the mind to see how easy it is for politicians to sap every taxpayers with no assurances that the politician's theory will actually protect the masses of children in society, which they use as apretext for these laws. Should only families with children pay for these political laws, or should all taxpayers be responsible? Such questions would likely bring some sensibility to enacting such laws, no doubt many more taxpayers would speak up, both for and against..
5-22-2010 California:

A state corrections department analysis of a bill being considered by California lawmakers found that mandating life sentences for some child molesters and lifetime parole for others would cost tens of millions of dollars annually after the first decade.

The nonpartisan Legislative Analyst puts the ultimate tab much higher: hundreds of millions of dollars each year, some of it to build new cells for sex offenders serving longer terms.

The projections come as the Assembly Appropriations Committee prepares to consider on Friday whether the state can afford the bill named after 17-year-old Chelsea King. Convicted child molester John Albert Gardner III was sentenced to life in prison this month after pleading guilty to raping and murdering King and 14-year-old Amber Dubois in San Diego County.

Assemblyman Nathan Fletcher, R-San Diego, said AB1844, nicknamed Chelsea's Law, would have a relatively low cost for the first decade. He said it is worth the money to protect children.

The annual cost would top $1 million in 2015, $9 million by 2020, and $54 million by 2030, according to the California Department of Corrections and Rehabilitation.

It would add nearly 400 inmates and increase the number of parolees by more than 7,300 by 2030, the department projects.

"We would consider this to be a conservative estimate," Jay Atkinson, chief of the department's Offender Information Services Branch, said Saturday. "The impact won't truly be seen until way far out in the future."

The legislative analyst said increasing penalties would cost "at least a few tens of millions of dollars annually within the next decade" and "at least in the low hundreds of millions of dollars annually after several decades."

Backers, who include Republican Gov. Arnold Schwarzenegger and Democratic Assembly Speaker John Perez, have not suggested any funding source beyond taking the money from the existing state budget, which faces a $19 billion deficit this year.

"There's virtually no cost for a decade," said Fletcher. "If you look at a budget that annually exceeds $100 billion a year, that's a small price to pay to protect our children."

His bill would allow life sentences for a first offense of forcible sex crimes involving a child under 18, up from the current 15-year to 25-year sentence. The life term would be reserved for cases with aggravating factors that include kidnapping, using a weapon, torture, binding or drugging a victim or a previous sex crime conviction.

It would double sentences for some other sex crimes involving children and double parole to 10 years for felons released after serving sentences for forcible sex crimes.

The bill also would require the state to use GPS tracking for lifetime monitoring of those convicted of forcible sex crimes against children under 14. Currently, most tracking ends when offenders leave parole, despite an existing state lifetime monitoring law.

It would ban sex offenders from parks, going beyond the state law that already limits how close offenders can live to schools and parks.

The Assembly analysis suggests deleting provisions that could potentially send offenders to prison for life for inflicting a bruise during a sex crime, or subject them to lifetime parole for acts that could include touching a child over his or her clothing. That would cut the bill's costs substantially, the analysis said.

"I think it's undeniable there are significant costs," said Sen. Mark Leno, D-San Francisco, who chairs the Senate Public Safety Committee. "It's clearly a very important issue, a highly emotional issue, and we need to be grounding ourselves in fact."

Fletcher said he is open to minor changes. But he said backers will go to voters with an initiative before they accept major amendments. ..Source.. KCAL9.com

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May 17, 2010

Parents of Chelsea King, Amber Dubois address killer at sentencing

As I read stories like this it all seems so senseless and I keep wondering if the current laws played a part in this man's mind during the crimes. I feel for the families and pray they can find closure with his life without parole sentences, hopefully they will run consecutive. That sentence will haunt him as it will likely be in solitude. In addition he has caused untold harm to other folks on registries nationwide, for which he received no sentence.
5-16-2010 California:

(CNN) -- Admitted killer John Albert Gardner III bowed his head and wept at his sentencing Friday as the parents of his teen victims called him a monster and coward for raping and murdering their daughters.

At the end of the hourlong hearing, the convicted sex offender was sentenced by Judge David Danielsen to three consecutive terms of life without parole for murdering Chelsea King and Amber Dubois and attacking a jogger.

The case has sparked calls for tougher penalties against sex offenders.

Dressed in a green jailhouse jumpsuit, his gaze on the floor, Gardner became emotional as the parents took turns attempting to articulate the agony of their losses before a packed courtroom in San Diego Superior Court.

The themes of their statements alternated between celebrations of the teens' lives and expressions of rage directed at Gardner.

"Look at me," Kelly King, Chelsea's mother, tearfully demanded of her daughter's killer after taking the podium. She paused and waited as a red-faced Gardner slowly lifted his eyes, casting a quick glance at her before shutting them.

"What I feel is so much deeper than I ever dare to express in a public forum. There are things I'd like to say, but to protect my son and to maintain the dignity of my family, my words will be far too mild to adequately speak the disgusting truth about you," she said tearfully, trembling as she spoke.

"Chelsea was a sweet, loving and innocent soul who could not have fathomed the wretched piece of evil that ended her beautiful life on that day."

Gardner, 31, pleaded guilty April 16 to raping and murdering the San Diego-area teens in a deal with prosecutors that spared him the death penalty. He also pleaded guilty to assault with intent to commit rape of a jogger who managed to fight him off.

CNN does not name survivors of sexual assault.

The young woman also addressed Gardner in open court Friday.

"As a runner, I've always gloried in the peace that comes in the utter solitude of a long run," said the woman, who was attacked in December 2009. "In a single instance, this man took from me the safety and solitude of my own mind."

She said it was important for her to appear in court to represent the slain teens, despite the "pain and guilt" she feels as a survivor.

"I came here to stand today as a witness for Chelsea and Amber. I came to watch as justice is served for the horrifying acts he has committed," she said, fighting back tears. "I come here today for all the women who have ever been victims of violence, to ask with Chelsea and Amber's voices to remove this man from our world, to make us a little safer by locking him up permanently.

King was also running on a trail near the Rancho Bernardo Community Park on February 28 when Gardner attacked her and dragged her to a remote area, according to court documents. He raped and stabbed the 17-year-old and buried her body in a shallow grave. He was arrested three days later, after his DNA was matched to semen found on her clothes.

During the emotional hearing, Gardner was called an animal, monster and sociopath. King's father, Brent, said the most appropriate name for the registered sex offender was "coward."

"As I thought about what I would say to you today, I realized that names like 'monster and 'animal' in a perverse way let you off the hook. You knew what you were doing when you chose to wait for and corner Chelsea," King said.

"The most fitting name for you is 'coward.' You are not a man. You are just a weak, pathetic coward who preys on unsuspecting young girls half your size. You are evil not because of some sickness or disease, so don't blame anything or anyone for your crimes. You intentionally chose evil and now you have to live with that evil festering inside you and eating you up as you rot in a prison cell for the rest of your life."

Dubois, 14, was last seen alive walking to Escondido High School on February 13, 2009. She was considered a missing person for more than a year, until Gardner led authorities to her remains in March -- after his arrest in King's death -- in exchange for assurances that it would not be used against him in court.

Gardner admitted to raping and stabbing Dubois and burying her in a shallow grave in a remote area near Pala, according to court documents.

Without the plea deal, San Diego County District Attorney Bonnie Dumanis said last month, her office did not have enough evidence to charge Gardner in the death of Dubois.

After 15 months of wondering about her daughter, Dubois' mother said knowing her fate brought little closure.

To understand her grief, Carrie McGonigle said, you had to know Dubois for the loving and gentle-hearted person known to friends and family -- a bookish animal lover who chose Barnes and Noble over the mall.

"The day she was abducted her backpack was filled with valentines for her friends and joy in her heart because she was carrying a check to adopt a baby lamb for a school project. To appreciate the profound kindness and love that has been stolen from my life, you only need to understand how truly excited she was about the opportunity to nurture another living thing."

In addition to the victim impact statements, the King family also submitted a video of their daughter's friends describing the vivacious teen's gift for bringing intense passion to music, athletics and personal relationships.

"The thing I love most about Chelsea was the conviction and passion for everything she did and everyone she loved," one male friend said.

Not long after Gardner's arrest, King's parents vowed to push for tougher sentencing guidelines for violent sex offenders and more intensive monitoring of parolees.

California's "Chelsea's Law" calls for life imprisonment without the possibility of parole for any forcible sex crime against minors that includes one or more aggravating factors, including the victim's age or whether the victim was tied, bound or drugged.

The bill also would institute more intensive monitoring of parolees and lifelong GPS tracking in some cases.

Gardner's history with the state parole board also led Gov. Arnold Schwarzenegger to order a review of the system.

He was paroled on September 26, 2005, after serving five years for two counts of lewd and lascivious acts on a child under 14 and one count of false imprisonment for attacking a 13-year-old neighbor.

In September 2007, he incurred a parole violation when his parole agent found that the college he was living near had a day care center and he was asked to move. When it was determined that he had found compliant housing, he was discharged from parole and removed from GPS monitoring on September 26, 2008.

Speaking to the court, Dubois' father lamented that the justice system did not heed the warning of a doctor who recommended that Gardner receive as much prison time as possible before his incarceration in 2000.

" 'The defendant does not suffer from a psychotic disorder. He is simply a bad guy who is inordinately interested in young girls,' " Dubois said, quoting a report from psychiatrist Matthew Carroll, who evaluated Gardner.

"Again, I cannot help to ask on behalf of my family, who is at fault here? Is it this cold, heartless monster, is it the failures in the law enforcement systems or perhaps it is even us who have not forced and held accountable the people and the organizations who are supposed to protect us from these predators?"

Echoing statements he made at Gardner's plea hearing, Brent King said his family would have preferred the death penalty, but knew it was an "empty promise" in California.

The father also laid blame on the killer's mother for not ensuring that he was registered at her address, a condition of his parole, or notifying police of his residency when the girls went missing.

"Your mother, Cathy Osborne, knew what you were capable of and did nothing to protect us from you. She knew who you were after you violently beat and tried to rape that poor 13-year-old girl a decade ago," he said. "She harbored you, indulged you and put every child in our community at risk. ... Ms. Osborne, you have Chelsea's rape and murder and our pain on your soul."

Mary Duval, chief executive officer for the Sex Offender Solutions and Education Network, an advocacy group for registered sex offenders, said anger-induced legislation is not the answer.

"If the current reform efforts focus on punishing and restricting all former sex offenders instead of those who are the most dangerous, the goal of protecting children will once again be foiled due to anger, fear and misinformation ruling the day," she said. "The facts of the Chelsea King and Amber DuBois cases should be enough to persuade politicians and the families to look for better answers." ..Source.. CNN

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April 17, 2010

Parents watch sex offender admit killing teenage girls

4-17-2010 California:

With two teary-eyed mothers looking on, convicted sex offender John Albert Gardner pleaded guilty Friday to raping and murdering ...

SAN DIEGO — With two teary-eyed mothers looking on, sex offender John Albert Gardner pleaded guilty Friday to raping and murdering their teenage daughters.

Gardner, 31, admitted kidnapping, raping and stabbing Amber Dubois, 14, and dragging Chelsea King, 17, to a remote area where he raped, strangled and buried her.

As part of a plea deal, he also admitted trying to rape a female jogger last year in San Diego. She managed to escape.

Gardner faces life in prison without parole, and he waived his right to appeal.

The families of the two girls agreed to accept Gardner's plea deal with prosecutors, who said they would not seek the death penalty if he pleaded guilty to both murders.

Gardner earlier had led police to the bones of Dubois, who vanished in February 2009. King disappeared Feb. 25 this year. ..Source.. The Seattle Times

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March 9, 2010

Gov. wants sex offenders' parole records retained

3-9-2010 California:

Gov. Arnold Schwarzenegger on Tuesday ordered California corrections officials to keep sex offenders' parole records indefinitely after he learned the files of a man now charged with killing a 17-year-old girl had been destroyed.

The Department of Corrections and Rehabilitation disclosed the documents on John Albert Gardner III had been destroyed in a response Friday to a records request by The Associated Press.

Gardner pleaded guilty in 2000 to committing lewd and lascivious acts on a 13-year-old girl. Officials said his parole file was destroyed last fall, just a year after he completed three years of parole supervision.

Schwarzenegger called the practice unacceptable. He also told the department to make as much information available to the public as legally possible.

Department spokesman Oscar Hidalgo said 10,000 ex-convicts each month are placed on or released from parole. The system would be overwhelmed by paper records if it didn't destroy field notes kept by agents, he said.

However, he also disclosed Monday that portions of parole files, including those of Gardner, are transferred to central files and retained for 30 years.

Release of information from those files is governed by privacy laws, and in Gardner's case by an ongoing investigation and a gag order imposed by a San Diego County judge.

The department is reviewing what portions of Gardner's central file can be made public, Hidalgo said.

Schwarzenegger's order came hours after Assemblyman Nathan Fletcher, R-San Diego, asked the department's inspector general to investigate whether records were improperly destroyed.

Fletcher praised the governor for acting swiftly to correct what he called an irresponsible policy.

Fletcher said he'll work with San Diego-area law enforcement officials, lawmakers, victims' rights groups and experts to review California sex offender laws to find any gaps. The King family released a statement at Fletcher's news conference supporting the review.

Gardner has pleaded not guilty to murdering Chelsea King in San Diego County and to the attempted rape of another woman. ..Source..

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