Sex offender evicted from Palm River mobile home park

Documenting OLD articles

March 7, 2008 Florida:

Palm River, Florida – Pack up and move out!

Sex offenders at a mobile home in Palm River are being evicted. They have 24 hours, until Friday at midnight to get out.

And, parents across the street are celebrating. For now.

“I'm so thrilled. I just can't be more excited,” Carla Bowling said, as she smiled ear to ear and hugged a friend.

That friend, Elisha Grubb, chimed in with the same enthusiasm.

“I'm excited, I can't believe it. I think it's wonderful. I'm glad that people listened,” Elisha said.

Elisha and Carla live across the street from the mobile home park, where the Florida Justice Transitions program has set up shop for sex offenders. It's a rehab of sorts, where the men live among one another.

This eviction begs a bigger and possibly more dangerous question: Where will the men go now? Back on the street? For some, it may be the only choice.

Even parents who were elated with the news had a sobering moment when they thought about the outcome of banning offenders from the neighborhood.

“The only thing now is, where are they going to go,” Carla asked. “How are we going to know where they're at?”

The simple answer, parents may not know where the men are. Many will be homeless. Some will stay with relatives. Most of the men from the mobile home park are planning to meet with their probation officers first thing Friday morning at 7:00 to come up with alternative living arrangements.

One convicted sex offender, Jim Broderick, spoke firsthand with our news crew about the situation. He lives at a similar mobile home park called Pinellas Palace.

Jim says, “The men who live here that are labeled predators will most likely end up under a bridge, probably end up being rearrested, going back to jail, and the cycle begins all over again.”

Authorities say, the men broke the rules by violating an ordinance. It's a safety measure that says sex offenders can not be within 300 feet of a bus stop. The men are near children every day.

The manager who runs the mobile home park and wants to help these men get their lives back on track claims, the offenders want to be better people, and this eviction isn't helping.

Nancy Morais is disappointed by the decision. “Our goal is to stop them from hurting children, not to put them in a situation where other children will be hurt.” ..Source.. by Melanie Brooks

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Palm River Neighborhood Fights Sex Offender Housing

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March 5, 2008 Florida:

PALM RIVER - PALM RIVER - In the past, Elisha Grubbs periodically would check the Florida Department of Law Enforcement Web site to see whether any sex offenders had moved into her neighborhood.

Now there's really no reason for her to check. Grubbs can just look out the window of her home in J&L Mobile Home Park in Palm River, where she and her children live. From that vantage point, she can watch convicted sex offenders casually stroll by or gather for a quick smoke just a stone's throw from her front door, which Grubbs now has reinforced with a heavy-duty deadbolt.

Grubbs said she is frightened for the safety of her 13-year-old daughter, Irene, and enraged that a nonprofit organization is being permitted to house convicted sex offenders at a mobile home park at 5011 24th Ave. S., across the street from her neighborhood.

She and other equally angry residents gathered last week at First Baptist Church of Palm River to learn more about Florida Justice Transitions' plans and vowed to voice their concerns to Hillsborough County commissioners Thursday.

"How dare they do this without asking our permission," Grubbs said. "It's just greed. It's all about money. It has nothing to do with trying to help these offenders."

Tony Spino has two daughters, ages 4 and 2, and lives about a mile from the mobile home park. The day after the civic association meeting, he launched a petition drive to close the sex offender program.

"I can only imagine what these guys are talking about when they get together at night," Spino said. "When you put 20 builders together, they're going to build something. I don't even want to think about what happens when you put 20 sex offenders together."

Palm River Civic Association board member Dottie Tilden said the community wasn't aware the nonprofit group was establishing a transitional living program for sex offenders until victims' rights advocate Judy Cornett gave the group a heads-up.

Cornett, of Lutz, is executive director of Safety Zone Advocacy, an organization she formed after her son was sexually molested in 1992. The Tampa-based group disseminates information to help prevent sex crimes. Cornett contacted the civic association after offenders began moving into the mobile home park in January.

Now, residents of the largely low-income, tightly knit community on the eastern outskirts of Tampa are intent on doing whatever it takes to protect themselves and their children.

But Nancy Morais of St. Petersburg, founder of faith-based Florida Justice Transitions, is equally vehement about protecting the offenders' civil rights.

Her son, Marc Morais, 38, who lives in Riverview, was convicted of attempted sexual battery of a child younger than 12 in 1996, FDLE records show. He was jailed in the Florida Civil Commitment Center in Arcadia, where sex offenders are committed for treatment until they no longer are deemed a risk.

According to legislative records, Nancy Morais toured the center with state legislators in 2005 and protested that offenders there were treated inhumanely and did not receive the counseling they needed.

Morias did not return calls from The Tampa Tribune requesting comment, but on her Web site, she says problems only worsen upon sex offenders' release from the Florida Civil Commitment Center. County ordinances and courts can limit how close a sex offender may live to a school, church, playground, bus stop or child-care facility, and the distance specified in those ordinances can vary from county to county, so finding a place to live is difficult and complicated, Morais said.

In addition, there are no state-funded treatment programs for sex offenders, she notes. To help sex offenders and others released from prison transition back into society, Morais opened the Palace Mobile Home Park at 2500 54th Ave. N. in St. Petersburg.

Jim Broderick, a transitions director for Florida Justice Transitions, said 90 of the 200 residents of Palace Mobile Home Park are convicted sex offenders. Some have been released from the commitment center in Arcadia, others from traditional prisons, he said. In most cases, living at the transitional center for two years is a condition of probation.

Three or four residents share each mobile home and pay $400 a month to cover utilities and operating expenses. But Broderick said the nonprofit group is not getting rich.

"We're doing this to help these people, both men and women," he said. "We get zero funding from the state or federal government. In fact, we're losing money. They come here with nothing but the clothes on their backs. We buy stuff out of our own pockets for them."

Morais and other proponents of what's known as "clustering" sex offenders say doing so makes it easier for parole officers to monitor the offenders. She said probation officers and members of the Pinellas County Sheriff's Office Sexual Predator and Offender Tracking Unit visit Palace Park every day, and a sheriff's substation has been established there for the convenience of deputies and corrections officers.

"And our rules go beyond what the probation department requires," Broderick said. "We have never had a re-offender."

Supporters of sex offender clustering say that in addition to getting counseling and help with drug and alcohol addictions, residents of such programs also monitor one another and have turned in fellow offenders for violating the terms of their probation.

Cornett thinks that's the exception, not the rule.

Six sexual predators and three sex offenders live in 12 mobile homes and one permanent, single-family home at the Palm River mobile home park. Morais has announced plans to house at least 24 sex offenders there. In addition, 11 sexual predators and offenders live less than a mile from the mobile home park.

Sexual predators have been convicted of one first-degree felony sex crime or two second-degree felony sex crimes. The second-degree crimes must have been committed after 1997, when Florida statutes changed. Sex offenders have been convicted of less serious or fewer sex crimes.

While knocking on doors to alert families in Palm River about the transitional center, Cornett was stunned to see a school bus drop off children at 25th Avenue and 50th Street, she said.

"The kids walked right past that trailer park. That's scary," she said.

Detective Joseph Venero of the Hillsborough County Sheriff's Office Sexual Predator Unit said Sheriff David Gee doesn't like the idea of sex offenders congregating in his county, especially since most at the mobile home park come from other counties. Only one is from Hillsborough.

Among the residents is Mitchell Westerheide, 34, who was released from state custody Jan. 7. The Volusia County man spent eight years at the Florida Civil Commitment Center after pleading guilty in 1994 to lewd and lascivious assault and other felonies involving the use of whips, knives and fishhooks and carving his initials into the chest of his 15-year-old girlfriend, according to court records.

"We're watching this closely, and we've voiced our concerns with the state attorney's office," Venero said. He thinks Hillsborough has a disproportionately high number of sex offenders because the county has less restrictive laws than other Florida counties. "We've got 1.3 sex offenders per square mile in this county. They're everywhere."

Cornett is working with state Rep. Rich Glorioso, R-Plant City, to develop state legislation or a stricter county ordinance that would prohibit sex offender clustering and further restrict where they can live.

Hillsborough County code enforcement office supervisor Bill Langford said Morais' operation may be illegal for reasons that have nothing to do with sex offenders.

At the civic association's request, he did some research and discovered the property is zoned for industrial use, meaning residential uses are prohibited.

"Even if the trailer park has been there for years, it doesn't mean it's legal. It's an improper use," Langford said. "Plus, I saw some electrical and tie-down issues that I'm concerned about. The owner will have to come into compliance."

If the property owner does not address the code issues, Langford said, the matter will go to a hearing before county code enforcement officials in April and the county will begin charging fines.

"Then we could assess a lien on the property," Langford said.

Broderick said that's "nonsense."

"It's just not true. That trailer park has been there since the '60s or '70s, a very long time," he said. "If it was illegal, something would have been done about it before now." ..Source.. by D'ANN LAWRENCE WHITE The Tampa Tribune

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Molloy: Sex offender registry rule unconstitutional

6-13-2008 Montana:

A federal judge in Missoula this week ruled that a provision of the national Sexual Offender Registration and Notification Act is unconstitutional and dismissed a felony indictment accusing one sex offender of failing to register in Montana.

In a 44-page opinion issued Wednesday, U.S. District Judge Donald W. Molloy ruled that Congress cannot federally criminalize a sex offender's failure to register in a state-run database. Congress therefore exceeded its authority under the Interstate Commerce Clause by making it a federal crime for a sex offender to travel to another state and fail to re-register in that jurisdiction, Molloy wrote.

Jessica T. Fehr, a spokeswoman for the U.S. Attorney's Office in Montana, said the government intends to appeal the decision to the 9th U.S. Circuit Court of Appeals.

"The U.S. Attorney's Office will be recommending to the Office of the Solicitor General that we do appeal Judge Molloy's decision," Fehr said Friday. The U.S. Attorney's Office must receive authorization from the solicitor general before appealing a decision.

According to Molloy's order, no other appellate court has ruled on the issue, and his decision could potentially clear the way for other similar indictments to be dismissed on the same grounds.

"If the factual scenario fits in other cases, we will try to get those cases dismissed," said Tony Gallagher, executive director of the Federal Defenders of Montana. "It's a big decision and it's a highly tactical point. We went after the indictment full bore with three motions to dismiss. We raised everything we possibly could, and Judge Molloy ruled that Congress went beyond its authority under the Commerce Clause in this particular scenario."

The scenario at hand involves Bernard L. Waybright, 58, who in May 2004 was convicted of a misdemeanor sex crime in a West Virginia state court. As part of his sentence, he was required to register under the federal Sexual Offender Registration and Notification Act, which keeps track of where sex offenders reside. He then traveled to Montana on several occasions, but did not re-register with local law enforcement authorities, as required by federal law.

In his order, Molloy dismissed the indictment without prejudice, ruling that the provision "would allow Congress to federalize nearly any local criminal offense simply by making it a crime for someone who committed the offense to travel in interstate commerce at some point in his life."

Because Molloy dismissed the indictment "without prejudice," federal prosecutors can re-allege the charges against Waybright if they find another legal hook to do so.

Federal defender John Rhodes of Missoula filed the motions to dismiss the indictment, asserting seven different legal grounds that he argued during a hearing earlier this month.

Molloy denied a majority of those arguments, but ruled in favor of Rhodes' assertion that Congress overreached its authority and violated the Interstate Commerce Clause.

"It is evident that the same or similar arguments have been raised in district courts around the country," Molloy wrote in his opinion. "These courts have mostly rejected such challenges for varying reasons. In my view, those district courts have it right for the most part. I conclude that all of Waybright's arguments, except one, lack merit."

The exception is Waybright's claim that enactment of a particular provision requiring all sex offenders to register, regardless of whether they travel in interstate commerce, is not a valid exercise of Congress' power under the U.S. Constitution. Molloy therefore declared the provision unconstitutional. ..Source.. TRISTAN SCOTT

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Three nabbed in sex sting sent to prison

12-20-2009 Michigan: Phase-I

Three men snared in an undercover sting targeting men who wanted to have sex with a minor were each sentenced to prison time Thursday.

Grand Rapids resident Timothy John Fitzhugh and Flint resident Robert Joseph Smith were both sentenced to one year to 20 years in prison while Michael Krauss, from Monroe County's LaSalle Township, was given 16 months to 20 years.

Fitzhugh, 47, earlier pleaded guilty to child sexual abusive commercial activity in exchange for prosecutor's dismissing a count of using a computer to commit that crime. Smith, 25, and Krauss, 49, each entered a plea to using a computer to commit the crime of child sexual abusive commercial activity.

Fitzhugh apologized for the "pain and heartache" he inflicted on his family due to his actions and asked for their forgiveness.

Krauss admitted what he did "was wrong" and he said he "takes full responsibility" for his actions.

The defendants were among nine men arrested in a sting that was the combined effort of Attorney General Mike Cox's office, the Livingston County Sheriff's Department and Perverted Justice, the latter of which has been involved in televised stings on "To Catch a Predator" with "Dateline NBC" and MSNBC.

At their earlier plea hearings, the men admitted to using the Internet to communicate with someone they thought was a teenager and agreeing to meet those "teens" for sex.

However, when the men came to a home in Oceola Township, east of Howell, they found armed officers waiting. Some of the nine were arrested when they entered the decoy house while others were arrested at the parking lot of a nearby fast-food restaurant, police said.

The investigation began months ago and culminated in the three-day sting, which occurred between noon Aug. 14 and 9 a.m. Aug. 16. ..Source.. Lisa Roose-Church • DAILY PRESS & ARGUS

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MI- Sentence, plea for 2 Internet predators

7-30-2009 Michigan Phase-I:

Two of the 21 men nabbed in an October 2008 Internet predator sting in Grand Rapids Township were in court Wednesday.

_____, of Addison, Ill., was sentenced to one year in the Kent County jail and five years of probation.

The 25-year-old entered a guilty plea to one count of child sexually abusive activity in May as part of a plea agreement. One count of using a computer or the Internet to commit a crime was dropped.

For weeks, volunteers with the group Perverted Justice chatted with 200 men from Michigan, Indiana, Illinois and Ohio. The suspects had already contacted the "teens" - adults acting as decoys - in online chat rooms. The decoys then agreed to meet the suspects for sex.

One by one, the men showed up at the door of a Grand Rapids Township home, as Del Harvey, a young-looking 26-year-old volunteer with Perverted Justice, greeted them. The men thought they were following their 13-year-old date. Instead, they were met with armed agents and deputies.

Another man busted in the sting, _____ of Wyoming, entered a guilty plea Wednesday.

The 22-year-old pleaded guilty in circuit court to one charge of using a computer or the Internet to commit a crime, as a part of a plea deal to drop two other counts, including one charge for child sexually abusive activity.

The agreement calls for a sentence of 18 to 240 months in prison.

_____ will be sentenced in September. ..Source.. by WOOD TV.com

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MI- Michigan Man sentenced to 1-20 years in prison for Internet crime in underage sex sting

7-9-2009 Michigan: Phase-I

GRAND RAPIDS -- Another of the 20 men swept up in an undercover police sting that set up men who allegedly were seeking underage sex was sentenced to one to 20 years behind bars.

____, 29, pleaded guilty in May to using a computer and the Internet to commit a crime.

He and 20 other men arrested in the sting actually were talking with undercover officers. The group Perverted Justice and the state Attorney General's Office helped on the sting.

____, of Kentwood, believed he was talking to a 14-year-old girl instead of the adult undercover investigator. Many of the men were from outside the West Michigan area, and about half have pleaded or been convicted. ..Source.. by The Grand Rapids Press

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Summary of Bills in 111th Congress - Affecting Sex Offenders

LAST UPDATE: 7-9-2010

National:

This is a summary of all bills in Congress affecting (directly or collaterally) registered sex offenders and/or their families, and is updated as needed (See date last updated above). Clicking on the bill number will take you to a bill analysis and full access to the bill itself and current status.

Generally we do not review appropriation, immigration bills and bills affecting Tribes because they are VERY involved and time consuming.

Should anyone find a bill (in Congress not in a state legislature) that is not addressed in either "Reviewed" -or- "Yet to be Reviewed" and that appears to affect sex offenders please contact eAdvocate by clicking on the RED BAR to the left.

Thanks,
eAdvocate

PS: Please remember, the bills appearing here are to advise folks of what the lawmakers propose. Just because a bill is shown does not mean that folks need to be overly concerned, many bills die in Committee. Not every bill requires a full blown campaign on lawmakers in Congress, sometimes the best thing to do is, say nothing lest too many ears get raised. However, with that said, folks should not be complacent either.


Congressional Bills Identified:

U.S. House: HR 288, 382, 414, 434, 440, 731, 780, 781, 789, 840, 911, 1076, 1149, 1319, 1374, 1375, 1388, 1422, 1485, 1612, 1623, 1727, 1750, 1772, 1966, 2177, 2462, 2612, 2674, 3075, 3222, 3287, 3513, 3521, 3528, 4231, 4478, 4614, 4727, 5072, 5138, 5232, 5347.

Added 7-9: HR 5136, 5297, 5492, 5618.

U.S. Senate: S 277, 436, 588, 678, 1047, 1146, 1442, 1586, 1726, 2903, 2925, 2972.

Tribal, Immigration and Appropriations Bills - Not Included: HR 264(A), HR 725(T), HR 1105(A), HR 2847(A), HR 1924(T), HR 3170(A), HR 3288(A), HR 5136(A), S 797(T), S 1432(A), S 2866(A).

Sections Below:
Bills Already Reviewed
Bills Yet to be Reviewed

BILLS ALREADY REVIEWED:

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Added 7-9-2010

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HR-5618 "Restoration of Emergency Unemployment Compensation Act of 2010." See review HERE.
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HR-5297 "Small Business Jobs and Credit Act of 2010." See review HERE.
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Added 6-16-2010

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HR-5072 FHA Reform Act of 2010. Note: Last Thursday (6-10-2010) the U.S. House of Representatives was considering a new bill called "the FHA Reform Act of 2010," heavens knows with all the foreclosures something does need to be done.

Yet, something occurred during debate which is very harmful to the sex offender community. Rep. Edwards (TX) presented Amendment 12 which -in essence- makes it a requirement that any applicant for a FHA loan, certify that they have never been convicted of a sex offense against a minor (as defined in SORNA).

Even more troublesome is that when they took a vote on Amendment 12, only four Congressmen voted AGAINST this Amendment: Bob Filner (D)(CA), Ron Paul (R)(TX), Jerrold (D)(NY) and Bobby Scott (D)(VA). The name I expected to see voting AGAINST Amendment 12, but was missing, was Rep. John Conyers (D)(MI). However, Amendment 13 covering "Federal Employees" who misuse their computers during work to view pornography or child pornography, might have swayed many.. See: HERE: This is my quasi-review of the bill...

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Added BEFORE 6-16-2010

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Bill in Congress - HR-3222, `Adolescent Web Awareness Requires Education Act' or the `AWARE Act' The STATED intent of the bill is: To promote Internet safety education and cybercrime prevention initiatives, and for other purposes.

Bill in Congress - HR-2612 and S-1146
Sex Offender Registration Tips Program Act of 2009' or the `SORT Act of 2009' The STATED intent of the bill is: To direct the Attorney General to provide grants and access to information and resources for the implementation of the Sex Offender Registration Tips and Crime Victims Center Programs.

Bill in Congress - S-1047
`School And Family Education about the Internet Act of 2009' or the `SAFE Internet Act' The STATED intent of the bill is: A bill to promote Internet safety education and cybercrime prevention initiatives, and for other purposes.

Bill in Congress - HR 2462
Convicted Child Sex Offender DNA Index System Support Act'. The STATED intent of the bill is: To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes.

Bill in Congress - HR 1727 (New registry arsonists / bombers)
Managing Arson Through Criminal History (MATCH) Act of 2009' The STATED intent of the bill is: To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes.

Bill in Congress - HR 1374
Elder Abuse Prevention Act' The STATED intent of the bill is: To prevent the abuse and exploitation of older individuals.

Bill in Congress - HR 1375
No Parole for Sex Offenders Act' The STATED intent of the bill is: To ensure that sex offenders and sexually violent predators are not eligible for parole.

Bill in Congress - HR 1750
Tracking Registered And Convicted Known (TRACK) Sex Offenders Act' The stated intent of the bill is: To provide for the use of information in the National Directory of New Hires in enforcing sex offender registration laws.

Bill in Congress HR 1623 -and- HR 5138
'International Megan's Law 2009 and 2010'. The stated intent of the bills are: To protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other sex offenders against minors intending to engage in international travel, providing advance notice of intended travel by high risk sex offenders outside the United States to the government of the country of destination, preventing entry into the United States by any foreign sex offender against a minor, and for other purposes.

Bill in Congress - HR 1388 S 277
'Generations Invigorating Volunteerism and Education Act' or the `GIVE Act' or the `Serve America Act'. The stated intent of these bills are: To reauthorize and reform the national service laws.

Bill in Congress - HR 414
Camera Phone Predator Alert Act' The stated intent of the bill is: To require mobile phones containing digital cameras to make a sound when a photograph is taken.

Bills in Congress - HR 1149 and HR 1422
Child Protection Reauthorization Act of 2009' and `Adam Walsh Child Protection and Safety Reauthorization Act of 2009' respectively. The stated intent of the bills are: To reauthorize the Adam Walsh Child Protection and Safety Act of 2006, and for other purposes.

Bill in Congress - HR 781
Student Protection Act' The stated intent of bill is: To develop a national system of oversight of States for sexual misconduct in the elementary and secondary school system.

Bill in Congress - HR 780
Student Internet Safety Act of 2009 The stated intent of the bill is: To amend the Elementary and Secondary Education Act of 1965 to promote the safe use of the Internet by students, and for other purposes.

Bill in Congress - HR 1076 S 436
Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009 The stated intent of the bills are: To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

Bill in Congress - HR 288 -- HR 382
Save Our Children: Stop the Violent Predators Against Children DNA Act of 2009 The stated intent of each is: To create a separate DNA database for violent predators against children, and for other purposes.

Bill in Congress - HR 789
Teen Dating Violence Prevention Act of 2009 The stated intent of the bill is: To reduce and prevent teen dating violence, and for other purposes.

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BILLS YET TO BE REVIEWED:

Note: Until reviewed there may be bills shown, unrelated to our purpose, and they may be removed at some point. Further, some times bills are presented which have no chance of making it whatsoever, although a rarity, if we think one is such a bill we may never review it; these do happen.

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Added 6-27-2010

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S-2972 Title: Arresting Child Predators Act of 2010. (Arresting Child Predators Act of 2010 - Amends the federal criminal code and the federal judicial code to extend the authority for issuing administrative subpoenas in cases involving the sexual exploitation or abuse of children to the Secretary of Homeland Security (DHS), the United States Postal Service (USPS), and the United States Marshals Service. ) Note: Effectively this extends which federal agencies are permitted to get "administrative subpoenas" under certain circumstances. It is not a bill that restricts former offenders in any way, but its purpose is to catch those currently committing crimes.

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Added 6-16-2010

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HR-1612 Public Lands Service Corps Act of 2010. (To amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service opportunities for young Americans; help restore the nation's natural, cultural, historic, archaeological, recreational and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service.) Note: VERY DISTURBING: "No adult shall be eligible to receive funds or participate in the Public Lands Service Corps program under this Act or amendments made by this Act, if that person--(3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (4) has been convicted of murder, as described in section 1111 of title 18, United States Code.".

S-1442 Title: Public Lands Service Corps Act of 2009. Note: Same as HR 1612 above.

HR-5232 Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010. (To amend title 18, United States Code, to permit a court to sentence an offender who is determined to be sexually dangerous to a term of special confinement for the prevention of sexual predation, and for other purposes.) (Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010 - Amends the federal criminal code to allow a court to impose on a defendant who has been convicted of a serious sex crime, including aggravated sexual abuse, sex-related murder, and sexual exploitation of children, a term of special confinement, in addition to the sentence for the underlying crime, to prevent sexual predation. Authorizes the term of such confinement to be the life of the defendant. Allows such defendant the right to one hearing per year after confinement to determine whether such defendant is a sexually dangerous person.) Note: Clearly related to civil commitment.....

HR-4231 Safe Cities Act of 2009. ( Safe Cities Act of 2009 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate a Violent and Drug Crime Zone (i.e., a metropolitan area with a higher than average rate of homicides, violent felonies, sex offenses, and drug and gang-related crimes) in each state; (2) establish a drug and violent crime intervention team and a Safe Cities Task Force in each Zone, consisting of state and local law enforcement officials, to coordinate the investigation, apprehension, and prosecution of criminal activity; (3) require the use of grant funds under such Act to increase the number of prosecutors available to work with drug and violent crime intervention teams; and (4) require the Office of Justice Programs of the Department of Justice (DOJ) to award grants to states to establish and maintain a state-wide database to track criminals, arrests, prosecutions, and convictions. ) Note: .....

HR-4478 Kids Wish II Act (Kids Wish II Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include child care facilities among public or private nonprofit facilities covered by such Act; (2) make a private for-profit child care facility eligible for assistance under the Act to the same extent as a private nonprofit child care facility; and (3) include child care within provisions regarding essential services, critical services, and federal assistance to individuals and households to address necessary expenses from a major disaster.) Note: .....

HR-5347 Force Protection and Readiness Act of 2010. (Force Protection and Readiness Act of 2010 - Grants, in cases arising under the Uniform Code of Military Justice (UCMJ) for communications made between an alleged victim of sexual assault and a Sexual Assault Victim Advocate of the Department of Defense (DOD), to an individual who consulted with such an Advocate, a victim service organization, or a health care professional the privilege of refusing to disclose a confidential communication made by the individual if such communication was made for the purpose of securing advice, counseling, treatment, or assistance in connection with a sexual assault or other sexual misconduct. Allows the privilege to be claimed by the individual's guardian or conservator. Provides exceptions. Requires the Secretary of the military department concerned to provide for the expedited consideration of a request for a permanent change of military station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of sexual assault or other sexual offense.) Note: .....

HR-440 Small Business Liability Reform Act of 2009. Note: This bill would limit liability for the employer should one of the employees commit a sexual offense at work.

HR-1485 Cruise Vessel Security and Safety Act of 2009. Note: Deals with sex offenses committed on a cruise ship at sea.

HR-1772 Criminal Code Modernization and Simplification Act of 2009. Note: Rep. Sensenbrenner is behind this one. A major bill to reform all criminal law.

HR-2177 Transparency and Accountability in Security Contracting Act of 2009. Note: In essence this bill filters out undesirables from any federal agency who third party contracts for security services to a federal agency. More than sex offenders are filtered out.

HR-2462 Convicted Child Sex Offender DNA Index System Support Act. ( Convicted Child Sex Offender DNA Index System Support Act - Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to assist states in performing DNA analyses of samples collected from convicted child sex offenders, with the objective of eliminating the backlog of samples awaiting analysis in state or local forensic laboratory storage and providing for entry of those analyses into the combined DNA Indexing System (CODIS).) Note: .....

HR-3521 Nicole's Law. ( Nicole's Law - Requires states to have in effect laws and policies to extend protections similar to those afforded to victims of domestic violence to victims of a sex offense who are not in a familiar or dating relationship with the perpetrator of such offense.) Note: .....

S-588 Cruise Vessel Security and Safety Act of 2009. Note: Deals with sex offenses on cruise ships on the high seas.....

S-678 Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009. Note: Very involved, and not likely to pass as we are in the 2nd session of Congress and its about to end..

S-2925 Trafficking Deterrence and Victims Support Act of 2009. (Expresses the sense of the Senate that the Attorney General should implement changes to the National Crime Information Center (NCIC) to identify endangered juveniles.) Note: .....

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Added BEFORE 6-16-2010

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HR-4727 To amend title 18, United States Code, to place limitations on the possession, sale, and other disposition of a firearm by persons convicted of misdemeanor sex offenses against children. Note: This bill is absolutely ludicrous, nothing in this bill makes any kind of sense. Guns and misdemeanor sex offenses simply do not compute. The obvious purpose of this bill is to make someone LOOK GOOD to their constitutents.

HR-1727 To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes. Note: While this appears to be like the sex offender registries, there are significant differences, I will be commenting on these differences. Further, S-1684 is supposed to be introduced which covers the same topics, but is not yet available on the Thomas site.

HR-3287 To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.

HR-3513 To amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children. (Note: The penalties for child pornography are already excessive and judges are complaining, this bill will make them worse.)

HR-3528 To establish a grants program to assist States and units of local governments to establish and expand programs that employ global positioning system technologies as alternative sentencing options, and for other purposes.

HR-2674 To protect children from sex offenders.

HR-434 To amend title 5, United States Code, to permit access to databases maintained by the Federal Emergency Management Agency for purposes of complying with sex offender registry and notification laws, and for other purposes.

HR-731 To amend title 38, United States Code, to exclude individuals who have been convicted of committing certain sex offenses from receiving certain burial-related benefits and funeral honors which are otherwise available to certain veterans, members of the Armed Forces, and related individuals, and for other purposes.

HR-840 To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims services, and strengthened provisions for prosecution of assailants, and for other purposes.

HR-1966 To amend title 18, United States Code, with respect to cyberbullying.

HR-1319 To prevent the inadvertent disclosure of information on a computer through the use of certain "peer-to-peer" file sharing software without first providing notice and obtaining consent from the owner or authorized user of the computer.

HR-264 To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.

S-1586 A bill to require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.

HR-911 To require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs, and for other purposes.

HR-3075 To establish a National Parents Corps Program, and for other purposes.

HR-4478 To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to take actions to address the needs of children and families who are victims of a major disaster, and for other purposes.

HR-4614 To amend part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for incentive payments under the Edward Byrne Memorial Justice Assistance Grant program for States to implement minimum and enhanced DNA collection processes.

S-1726 A bill to reauthorize the expiring intelligence tools of the USA PATRIOT Improvement and Reauthorization Act of 2005 and defend against terrorism through improved classified procedures and criminal law reforms, and for other purposes.

S-2903 A bill to amend the Child Care and Development Block Grant Act of 1990 to require criminal background check for child care providers.

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AK- Offender won't have to register

Old article but worth a read: This is a State Supreme Court decision based on state Constitution and therefore not precedent elsewhere; to our knowledge Alaska has not done anything about this, rightfully so.

7-28-2008 Alaska:

ALASKA SUPREME COURT: Convict argued law should not be applied retroactively.

An anonymous man who has been fighting Alaska's sex offender registration law since the mid-1990's when it was first enacted has finally won.

He doesn't have to register, but most others still do.

Known variously in federal and state lawsuits as James Rowe and John Doe, the unnamed man is a child molester who had been convicted, sentenced, done all his prison time and most of his probation by 1994 when Gov. Wally Hickel signed the registry into law. It was retroactive to 1984.

The law requires all convicted sex offenders to provide Alaska State Troopers with a current address and other identifying information, including updates from one to four times a year -- some for the rest of their lives. The information, along with the convict's record and physical description, are made accessible to the public, including online.

Doe-Rowe filed suit with others in federal court in Anchorage the day after Hickel signed the law. He argued it was unconstitutional on several grounds, including that it was unreasonable search and seizure, and that it violated his right to privacy.

But his main argument was that the law was not in effect when he committed his crimes, that it was punishment applied to him retroactively. In general, retroactive laws are called "ex post facto" and are barred by both the U.S. and the Alaska constitutions.

It took years, but the case went all the way to the U.S. Supreme Court, where Doe-Rowe lost.

Alaska and other states with similar laws argued that they were not punishment, but merely regulations used to keep track of sex offenders for the protection of the public.

Each federal court that ruled on the case reversed the ruling of the previous court, an indication of how contentious the issue is. In the end, the U.S. Supreme Court sided with the states, concluding the registration requirement was not an "ex post facto" punishment.

So Doe-Rowe started over. In 2005 he filed suit in state court, arguing that the Alaska Constitution offers stronger protection of individual liberties than the federal constitution.

Doe-Rowe lost in Anchorage Superior Court and appealed to the Alaska Supreme Court.

In a 52-page split decision issued Friday, the court voted 2-1 that forced public registration is punishment as well as regulation, and cannot be added retroactively to the sentence of someone who committed their crime before the law existed. Two justices did not participate in the case and Chief Justice Dana Fabe disagreed with the conclusion.

Justices Warren Matthews and Robert Estaugh particularly faulted the sweeping effect of the law, noting that it applies equally to all people convicted of a sex offense, regardless of the severity of the crime, the success of their rehabilitation, or their continuing danger to the public.

Ex-offenders lose jobs and housing because of the registry, the justices noted. There is no way to petition to be allowed to stop registering, or to limit registration information to legitimate law enforcement purposes.

Even someone who becomes physically incapacitated and therefore incapable of committing another offense must keep signing up, they said.

Although the aims of the registration law are "undeniably legitimate and important," Estaugh wrote, "Alaska's statute is excessive in relation to the state's interest in public safety."

In her dissent, Fabe said her colleagues did not offer convincing reasons for coming to a different conclusion than the U.S. Supreme Court.

Friday's decision relieves Doe-Rowe of the obligation to register, but the law remains in effect for those convicted of covered crimes committed after August 1994, when the law took effect. ..Source.. by SHEILA TOOMEY

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MI- Bryon Township man sentenced as part of Internet sex sting

5-26-2009 Michigan Phase-I:

GRAND RAPIDS -- A 25-year-old Byron Township man will spend 18 months to 20 years in prison after he pleaded guilty in Kent County Circuit Court to using the Internet to commit child sexually abusive conduct.

____ was one of more than 20 men arrested in a sting targeting online predators, conducted by the state Attorney General's Office and the group Perverted Justice. ____' lawyer, Craig Haehnel, said his client has been diagnosed with leukemia.

Judge James Robert Redford allowed ____ to wait a week before beginning his sentence so he could have time to arrange his medical treatment with prison officials.

____ attended Grand Rapids Community College, has a 2-year-old child and worked full time at an automotive repair shop.

He believed he was talking to a 14-year-old and arranging a sexual encounter before he was arrested. ..News Source.. by Jeff Haywood

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MI- Former Cedar Springs soccer coach asks for forgiveness, but judge denies request for more lenient sentence in Internet sex sting case

5-21-2009 Michigan: (Phase-I)

GRAND RAPIDS -- A 21-year-old former junior varsity boys soccer coach at Cedar Springs Schools today was sentenced to six months in jail and another six months on a tether after he was caught in an Internet sex predator sting.

____ also was ordered to perform 300 hours of community service, placed on five years of probation and must complete a sex offender treatment program. He must register as a sex offender.

"I'm asking for forgiveness," ____ said in a short statement to the court. "My actions were contrary to everything I've been taught."

Kent County Circuit Court Judge Mark Trusock denied the defense lawyer's request to sentence ____ under more lenient youth sentencing laws (HYTA) to "give him a second chance at life and spare him the scarlet letter of the sex offenders list."

Trusock did say that ____ was an asset to his family and friends and that court evaluations show he is a low risk for re-offense.

___ corresponded for two months on the Internet with someone he thought was a 14-year-old girl, and then showed up to have sex with her at a Grand Rapids Township home, police said.

He and 20 other men arrested in the sting actually were talking with undercover officers. The group Perverted Justice and the state Attorney General's Office helped on the sting.

Also Thursday, another suspect, ____, 35, of Macomb, pleaded guilty in Kent County Circuit Court to using a computer to commit child sexually abusive activity. ..News Source.. by Cassie Foss | The Grand Rapids Press

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MI- Cedar Springs man pleads guilty, sentenced to year in jail as part of Internet sex sting; father says it was entrapment

5-18-2009 Michigan: (Phase-I)

GRAND RAPIDS -- ____ chatted online with a girl he thought was just 14, and even drove by what he thought was her Grand Rapids Township home.

But he never met with the teen and, when police working with on an Internet predator sting caught up with ____, the 34-year-old insurance representative was more than 20 miles from the girl's alleged home. He had no condoms or alcohol in his car.

Nonetheless, the Cedar Springs man pleaded guilty to using the Internet to communicate in order to commit a crime and was sentenced Monday to one year in the Kent County Jail. He will be on the state sex offender list for the next 10 years.

Before taking the plea offered by the state Attorney General's Office, ___ was facing up to 20 years in prison. He was one of 21 people nabbed in an October child predator sting at a Grand Rapids Township home conducted by the AG's office, along with the national group Perverted Justice.

Many of those cases are making their way through the courtroom of Kent County Circuit Judge James Robert Redford, with most defendants taking a plea deal and only one so far going to a jury trial.

Redford said he looked through 40 pages of Internet chat logs between ___ and the woman decoy for the Internet sting, who claimed online to be a teen.

"The e-mail conversation, while disturbing at a basic level, is not as disturbing as some I've seen (from those arrested in this group)," Redford said.

"i wish i wasn't, but i care that you dont get hurt and i don't go to jail," ___24829 wrote, according to transcripts released by authorities. "i don't want to lose everything i have."

The faux 14-year-old expressed disappointment that ____ might back out and not want to "hook up."

"you know i do...i just have A LOT to lose, ya know," wrote ____24829.

"sowwwy," wrote angeldreemzzz, the decoy.

"my home, my job everything," ____24829 wrote.

Angeldreemzzz: "i jst wanna have fun."

____24829: "i know. me too."

Before he was sentenced on Monday, ____ choked out an apology as he fought back tears.

"I'm deeply sorry," he said.

____'s lawyer, Terry Tobias, said his client never intended to have sex and would not go to the "girl's" home, arranging to meet her elsewhere.

"They were just going to go to a football game and that's it," Tobias said.

Curt ____, the father of the defendant, said his son has never been in trouble with the law and was not looking for under-aged sex. He said his son wrote numerous times. "I can't do it."

For the father, there is no doubt what happened here.

"It's definitely entrapment," he said. ..News Source.. by Barton Deiters | The Grand Rapids Press

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MI- 'Net predator sting suspect convicted

4-1-2009 Michigan (Phase-I Sentencing):

He faces 20 years behind bar and/or $20K fine

GRAND RAPIDS, Mich. (WOOD) - One of 22 men caught in an Internet predator sting has been convicted.

It was October 2008 when the sting occurred at a home in Grand Rapids Township. The Michigan Attorney General's office and Kent County Sheriff's Department set up the sting.

Andrew Schutze, 32, of Buchanan was convicted Wednesday on child sexually abusive activity and communicating with another to child sexually abusive activity. Both are felonies with a maximum sentence of 20 years behind bars and/or a $20,000 fine.

While all of the cases from the sting have made it to circuit court for trial, not all of them will actually go through a trial. As many as seven defendants have reached plea agreements with the Attorney General's office. ..News Source.. by WOOD TV 8

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MI- Byron Township man caught in online predator sting pleads guilty

4-1-2009 Michigan (Phase-I Sentencing):

GRAND RAPIDS -- A Byron Township man has pleaded guilty to using the Internet to commit child sexually abusive conduct.

Jason Ebels, 25, was in Kent County Circuit Court Wednesday where he pleaded guilty to the crime, which could bring at least 18 months behind bars.

Ebels was one of more than 20 men arrested in a sting targeting online predators, conducted by the state Attorney General's Office and the group Perverted Justice.

Ebels' lawyer, Craig Haehnel said his client has been diagnosed with leukemia and needs frequent treatments.

Haehnel is asking the court to cooperate with the defense so Ebels' treatment can continue uninterrupted. He is scheduled to be sentenced May 18.

Also convicted Tuesday from the same sting operation was Buchanan resident Andrew Schutze, charged of two counts of soliciting a minor for purposes of having sex, 20-year felonies. ..News Source.. by The Grand Rapids Press

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MI- Wyoming man sentenced to prison for Internet sex sting

1-29-2009 Michigan (Phase-I Sentencing):

GRAND RAPIDS -- A Wyoming man will serve between one and 20 years in prison after he was caught in an Internet child sexual predator sting at a Grand Rapids Township home last October.

_____, 45, was one of 21 men arrested during the operation staged by the state Attorney General and Kent County sheriff's offices. Investigators posed as teenagers in online chatrooms and agreed to meetings with the would-be predators, who allegedly were the ones to bring up sex and a possible rendezvous.

_____, who earlier said he delivered cookie dough to food service departments at schools, pleaded guilty to using a computer to commit a crime. A second charge of child sexually abusive activity was dismissed as part of a plea deal.

Kent County Circuit Judge George Buth ordered the prison term today (1-29-09). ..News Source.. by The Grand Rapids Press

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MI- Judge: Decoy's age in soccer coach's Internet sex predator case irrelevant

2-9-2009 Michigan Phase-I:

GRAND RAPIDS -- A judge today refused to dismiss charges against a high school soccer coach who was arrested during an Internet sex predator sting in October.

Eric Carl Wesche, 20, of Cedar Springs, asked Kent County Circuit Court Judge Mark Trusock to dismiss the charge that he used a computer to commit child sexually abusive activity. In the fall Wesche coached junior varsity boys soccer at Cedar Springs High School, although he now is banned him from any contact with kids while the case proceeds, administrators said.

During the sex sting, Wesche believed he was talking to a 14-year-old girl, Assistant Attorney General Kelly Carter said. Instead it was a 34-year-old member of the group Perverted Justice.

Wesche's lawyer, Michael Bartish, argued that the statute used by prosecutors requires that the alleged victim actually be a child, but Carter successfully argued that what mattered was what the defendant thought the age was.

Carter said her office has offered Wesche a chance to plead guilty to using a computer to commit a crime, and the charge of child sexually abusive activity would be dropped. She would still recommend Wesche serve at least a year in prison.

Wesche has until a week prior to his March 23 trial date to accept the offer. ..News Source.. by The Grand Rapids Press

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MA- Massachusetts breastfeeding bill: not a moment too soon

1-8-2009 Masachusetts:

Following the letter of the law, until last week, a woman breastfeeding in public here in Massachusetts could theoretically be arrested for public indecency. Furthermore, if convicted, she would spend the rest of her life as a registered sex offender. A little crazy, no? Fortunately, the Massachusetts House of Representatives has finally approved a bill that now awaits Governor Patrick’s signature.

Senate bill 2438 not only exempts breastfeeding mothers from the laws prohibiting lewd and indecent behavior, but it goes an essential step further, protecting their right to nurse in public places and any place open to the general public. Anyone who breaks this law would be subject to a civil action with damages up to $500.

Two days after this bill was approved, I was in Boston with my baby and he needed to nurse. Spotting some comfy armchairs in a very quiet, high-end department store, I sat down and started to make myself comfortable. Thanks to the recession and my close proximity to the store’s most expensive designer collections, I thought I had relative privacy. But from thirty feet away, a saleslady paled and came running over to me, muttering “no, no, no.” She was icy but courteous and asked if I wouldn’t be more comfortable in a nice, big fitting room. I supposed I probably would, so I didn’t make a fuss. Besides, the bill isn't actually a law yet.

But this was actually my second run-in over public breastfeeding since my son was born in August; you can read all about my experience on an Amtrak train on my blog. After three children, I’m not easily intimidated, but for a first-time mom trying to get up the gumption to nurse in public, even a disapproving stare can send her running for cover. What a relief that we’ve got the law on our side now, instead of the other way around. ..News Source.. by Sheri Gurock, Boston Babies Examiner

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MI- Owosso man's Internet case spawns charge from attorney general's office, legal debate over online meetings

6-14-2008 Michigan (Phase-II):

OWOSSO, Michigan -- It's a familiar script.

Man chats up 13-year-old girl online, makes a date for sex and ends up in handcuffs when he shows up for his interlude to find a cop waiting to arrest him.

An Owosso man, however, has found himself in the middle of a plot twist.

While ____ never showed up for a tryst that police say he made with an underage girl he met on the Internet, Michigan Attorney General Mike Cox took the rare step of sending police to arrest the 21-year-old at home.

Cox claims his office is the first to bring charges against suspected child predators who arrange sex with minors online but never follow through on the meeting.
One Oakland County defense attorney believes Cox has gone too far.

"Where do you draw the line between policing thought and conversation?" said Gail Benson, who specializes in defending sex-related crimes.

_____ recently was arrested as part of state-sponsored Internet sting involving the group "Perverted Justice," a controversial online organization that uses volunteers to pose as minors online and has risen to fame through the Dateline NBC show "To Catch A Predator."

Using the screen name "___2001," investigators allege _____ began chatting online Jan. 21 with a Perverted Justice decoy posing as a 13-year-old girl.

The chats -- five in all -- continued until March 7 when _____ allegedly agreed to meet the girl at a home in Wayne County.

While nearly 30 men braved bad weather in March and went to a decoy house in Wayne County to meet his "date," prosecutors said _____ was among 11 others who stayed away.

So Cox had traced the men through their Internet service providers and had them arrested at home.

_____ now faces two 10-year felony charges of communicating via the Internet to commit a crime -- accosting & soliciting a minor for immoral purpose, as well as a 4-year felony of using the Internet to disseminate sexually explicit material to a minor.

His attorney, Charles E. Quick of Owosso, said he still is reviewing the case and hopes it will be resolved "favorably for everyone."

_____ is currently free on $5,000 bond.

A spokesman for Cox said there is a certain amount of irony and justice to the cases involving _____ and the other men.

"Internet predators disguise who they are to gain trust by lying through their teeth," said Rusty Hills.

"In this case, they find out it's a special agent reading the material. The worm has turned."

Although the recent sting was the attorney general's first involving Perverted Justice, Hills said the state always intended to pursue men who didn't show up for meetings with decoys.

"I don't know why other agencies don't go after non-travelers," said Hills.

While the decision to pursue such cases may be rare in Michigan, a Perverted Justice official said other states pursue individuals who don't show.

"Being arrested while not showing is not unique. However, what is unique (in the recent Michigan operation) is how many they arrested that did not show," said Xavier Vom Erck, director of operations for the California-based Perverted Justice.

The Michigan sting ended up with the fourth-highest arrest tally the group has been involved with, trailing only three stings in California.

Von Erck noted the group was able to snare men despite so much national exposure of similar operations in other states.

"You see some people are more paranoid ... but we've had individuals who have already been arrested for this crime once and are awaiting trial ... hit us up again," said Von Erck, in an e-mailed response to The Flint Journal.

Lauded in some circles for its work, Von Erck's group also has been the target of harsh criticism from others who have labeled members cybervigilantes.

Two years ago, the group was involved in a sting operation involving a Texas prosecutor who killed himself when police tried to arrest him at his home for soliciting sex with a decoy posing as a 13-year-old boy.

Flint defense attorney Michael P. Manley said it used to be harder for prosecutors to prove cases in which suspects didn't actually show up for their "dates," but the laws have been increasingly modified to the point where someone is guilty of planning sex with a minor.

"It's almost as if you think about it, you're guilty," said Manley.

Manley said he believes changes need to be made to differentiate hardcore pedophiles from Web surfers who have what he calls "morbid curiousity."

But it does not appear that many groups are lining up to lead that charge.

An ACLU spokeswoman declined to comment on the case, while a group that has dealt with Internet freedom issues also declined to address it.

"Nobody wants to get behind a pedophile," said Benson.

Ultimately, Benson believes police are creating crime by using decoys to pose as victims.

"It's not just sex. ... I don't know where it ends," she said.

Police operations using online decoys to snare child predators still are relatively rare in Genesee County because few departments have the resources for them, but county Prosecutor David S. Leyton lauds Cox's aggressive approach.

Leyton said there may be concerns taking such cases to trial when no physical meeting with police takes place, but believes it's worth taking that chance in order to send a strong message to predators and potential predators.

"We need to discourage people from thinking they can patrol the Internet for young people," said Leyton.

Although the attorney general's office hasn't decided if it will partner with Perverted Justice again, it promises more stings are on the way.

"We will still go after predators," said Hills. ..News Source.. by Bryn Mickle | The Flint Journal

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NY- Nursing home employee under investigation for sexual abuse

12-31-2008 New York:

The state Department of Health is investigating whether an employee at a Rochester nursing home sexually abused a resident, health officials said today.

The health department received a complaint last week about a Shore Winds Nursing Home staff member, according to spokesman Jeffrey Hammond. He said health department officials visited the nursing home on the same day the complaint was made and are continuing to investigate the incident.

Hammond said law enforcement is involved.

No one at the Shore Winds, 425 Beach Ave., was immediately available to comment this afternoon. ..News Source.. by Justina Wang • Staff writer

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MI- Convicted sex offender Michael Allen Miller won't get new trial, state Supreme Court rules

12-31-2008 Michigan:

OTTAWA COUNTY -- The presence of a fellow sex offender on a jury did not deprive a man accused of abusing a child of a fair trail, according to the Michigan Supreme Court.

Michael Allen Miller was convicted in March 2006 by a unanimous Ottawa County Circuit Court jury of first-degree criminal sexual conduct for forcing a 7-year-old girl to perform oral sex. The incident happened near Holland. The 31-year-old is serving a 14- to 30-year prison sentence.


Not long after sentencing, his lawyer, Damian Nunzio, discovered that one juror, Jesse Lara, had failed to disclose his criminal past. According to court records, Lara was convicted in 1991 and in 1999 of assault with intent to commit sexual penetration.

In August 2006, Lara testified he didn't disclose the information because it occurred years ago and he figured it wasn't anything that "would still carry on today." Court records show Lara thought the conviction would be on his record for seven years or so. Felony conviction records are permanent.

Ottawa Circuit Judge Calvin Bosman ruled Lara's thinking, while muddled, did not indicate an attempt to deceive and did not appear to impair his ability to fairly render a verdict. But the State Court of Appeals determined Miller deserved a new trial.

Today, the state Supreme Court decided Miller did not prove the jury was prejudiced by Lara's presence, and that his inclusion on the jury was a "harmless error."

Justices Marilyn Kelly and Michael Cavanagh dissented from the majority, saying there is a fundamental problem with having a convicted felon on a jury and that Miller was due the benefit of the doubt when it came to determining whether Lara tainted the jury and, therefore, deserved a new trial. ..News Source.. by The Grand Rapids Press

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FL- Father says sex offender label not based on truth

12-31-2008 Florida:

ST. PETERSBURG — The family of Josiah Wineberger, the 5-year-old injured by a falling speaker at BayWalk last year, said Tuesday that they could be in a new home within days.

The family is struggling financially and living in a motel after electrical problems forced them from their rental home. But thanks to the public's help, the family said they soon could afford to rent a new house.

But a St. Petersburg Times reader raised this question in an e-mail: "Everyone wants to help the child but may not want to aid a sex offender."

The writer was referring to father John Wineberger's criminal record. In 2006 he pleaded no contest to charges that he had sex with three teen girls.

But Wineberger denied Tuesday that he had sex with them. He said he took a plea deal because it allowed him to stay with his kids — and because he couldn't afford a court fight.

"I was accused of something I didn't do," Wineberger said, adding: "There was no choice."

Court records show a judge adjudicated him guilty of two counts of unlawful sexual activity with a minor and one count of committing a lewd and lascivious act in the presence of a child under the age of 16.

The incidents took place in 1998 and 1999, according to court records. Wineberger was 27 at the time of the 1998 incident. The girls' ages were not disclosed in records, but the two sexual activity charges apply to minors ages 16 to 17.

Wineberger believes the allegations arose from a business dispute over control of an 'NSync-like boy band that he belonged to called Second Nature.

He said he left the band in 1999 after a detective questioned him about the sex allegations. A warrant was issued in 2000, but he wasn't arrested until 2005, when he already had a family.

Wineberger was sentenced to the 75 days he spent in jail after his arrest. He said he took the state's plea bargain despite being labeled a sex offender because it came without restrictions, namely that it would allow him to be around all children, including his own.

"I can be with my family," he said. "I can go to my kids' school."

The Winebergers have four children. Sandy Wineberger works in accounts payable for a local company, but her husband, a former electronics salesman, is looking for a job.

He cares full time for Josiah, who was left brain-damaged and requires constant care. They are suing BayWalk.

The public came to their aid after their rental was declared a hazard Friday night. The Times has received 22 e-mails and 69 phone calls from people who want to help the family.

The father hopes the public will still want to help his family.

"I don't worry about me," he said. "I worry about them."

Times staff writer Sherri Day contributed to this report. ..News Source.. by Jamal Thalji, Times Staff Writer

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