8-4-2010 Pennsylvania:
The charges against his wife and his son, which were related to their allegedly helping him avoid registrating, were also dropped.
District Attorney Tom Kearney has had to drop sex-offender-related charges against a man charged with murder and two of the man's family members.
Tracey Bradley, 46, is charged in the strangulation death of Lee Choppin, 72, of Roanoke, Va. Choppin was killed May 24 in his room at the Motel 6 on Arsenal Road in Manchester Township.
Bradley also is a convicted sex offender subject to lifetime registration with state police. Bradley reportedly had been living in the 100 block of North Queen Street. York City Police learned he had been evicted in July 2009. In February, he was found living in the 100 block of East Philadelphia Street. Police charged him with failing to report his change of address within the required 48 hours, police said.
Authorities also charged his wife, Deleanmus Bradley, and their son, Taray Bradley, with hindering apprehension and obstruction related to Tracey Bradley's failure to register.
Kearney said Wednesday he was compelled to drop those charges because of a Pennsylvania Superior Court ruling earlier this year regarding registration of out-of-state sex offenders.
"I'm sure that will be corrected by the Legislature, but I'm told it can't be retroactive," Kearney said. "I'm not happy about it, but that is what the Superior Court has said."
The dismissal of the charges does not affect the murder charges against Tracey Bradley, Kearney said. ..Source.. RICK LEE
August 4, 2010
DA drops sex-offender-registration charges against man accused in Motel 6 murder
September 6, 2009
NE- Nebraska Supreme Court hears sex offender registration appeal
A very interesting case and needs to be followed.
9-6-2009 Nebraska:
The Nebraska Supreme Court is considering whether former Lincoln strip club owner John Ways Jr. must register as a sex offender, despite the fact the time limit on his original order to do so expired while he was in prison.
Ways, 43, went to prison in 1996 for pandering after setting up a sexual liaison between a 16-year-old girl and a 47-year-old man.
He was in prison when the state's Sex Offender Registration Act requiring anyone convicted of certain offenses to register took effect in January 1997, but he did not register upon his June 1998 release. A judge would rule later that he must for 10 years.
In 2001, the state filed a request to determine whether Ways' conviction fit the requirements of the Sex Offender Registration Act. Ways argued it did not, because he had served part of his sentence before the law went into effect.
A judge ruled against him, and Ways appealed. In 2003, the appeals court ruled against him.
By May 15, 2003, Ways was in federal custody for possession of an explosive device and wasn't released until July 28, 2008.
Again, he did not register. In December, Lancaster County District Judge Robert Otte said that his federal probation officer told Ways he didn't think he had to register because his original order required him to do so only until July 24, 2008.
While Ways was in prison, the Nebraska Legislature changed the law so the time a person is not in compliance or is incarcerated stops the clock on the length of time he or she has to register.
That prompted prosecutors to charge Ways Oct. 29 with violating the act. Ways turned himself in, and, as part of a plea agreement, the state dismissed the charge.
But in December, Otte said Ways must register until at least April 9, 2014. He also ordered Ways to serve 54 days in jail and pay a $1,000 fine for contempt of court. Ways pleaded no contest to the contempt charge, served the time and paid the fine.
On Friday, Ways' attorney, James Beckmann, said during oral arguments before the Nebraska Supreme Court that the state had no right to come after him years after the original order and offense.
Beckmann said it is highly unusual -- in fact, he said he'd never heard of it in another case -- for a judge to put an end date on the registration requirement. But because now-retired Lancaster County District Judge Bernard McGinn did so, Beckmann said, Ways is off the hook and should not be required to re-register.
The Nebraska Attorney General's Office argued the state has the authority to order him to do so regardless of the original order.
The high court heard arguments and will rule at a later time. ..Source.. by Journal Star
April 21, 2009
TN- Sex Offender Pleads Guilty To Not Registering In Tenn.
Notice the purposeful misconstruction of the facts of this case in order to claim that the Adam Walsh Act was instrumental and necessary for this type of FTR offense. Reality is: 1) The man paroled in Washington and failed to register; 2) He traveled to Tennessee, failed to register and was caught.
So, he was a parole absconder and facing a state FTR charge. Eventually he would have been caught no matter where he moved to, if he failed to register in that state. Accordingly he would have been charged in that state under state law. Nothing whatsoever in the Adam Walsh Act aided this man's capture nor does this case prove a need for the Adam Walsh Act.
What this does show is, this man will be prosecuted and receive a higher sentence under AWA than he would have under state law. So AWA is nothing more than a sentencing enhancement scheme being portrayed as god's gift to society to keep them safe. Hopefully he gets a SMART attorney.
4-21-2009 Tennessee:
___, from the state of Washington, pleaded guilty Monday in U.S. District Court here to traveling in interstate commerce without registering as a sex offender.
Sentencing for ___ has been set for Aug. 31 at 9 a.m.
At sentencing, ___, 37, faces a term of imprisonment of up to 10 years, followed by a lifetime on supervised release, a $250,000 fine, and a $100 special assessment.
___, a native of Olympia, Wash., was convicted of one count of rape and two counts of kidnapping in 1995, according to a press release for U.S. Attorney Russ Dedrick. His two victims were minors, the release said.
___ was released from the Washington State Penitentiary on Jan. 17, 2009, and ordered to report to his community-based supervision officer on Jan. 20, 2009.
(eAdvocate Post)
But despite being advised of his travel restrictions and the fact that Tennessee authorities had denied his request to supervise him after conviction on the Washington charges, ___ immediately traveled to Bluff City in Sullivan County, Tennessee, according to the release.
___ did not register as a sex offender with authorities in either Washington or Tennessee, according to the news release.
___ was arrested on March 27, 2009, after a federal criminal complaint was presented by the United States Marshals Service.
He has remained in federal custody since his arrest, the news release said.
Dedrick said, "These facts underscore the value of the Adam Walsh Act. Mr. ___ intentionally fled the State of Washington to avoid two years of community-based supervision in Washington, despite being told that Tennessee authorities were not willing to supervise him. Local authorities in Washington State and the Marshals Service leveraged resources and promptly removed a dangerous individual from our community." ..News Source.. by The Greeneville Sun
April 4, 2009
FAILURE TO REGISTER: AN EMPIRICAL ANALYSIS OF SEX OFFENSE RECIDIVISM
April 2009:
A new research paper from Dr. Levenson:
PURPOSE OF THE STUDY
In 2006, the Adam Walsh Act was passed, lengthening registration periods, requiring more frequent updating of registrant information, and expanding the number of sex offenders to whom notification requirements apply. The Adam Walsh Act (AWA) also increased penalties for sex offenders who fail to comply with registration obligations. The purpose of this study was to investigate the relationship between failure to register as a sex offender and subsequent recidivism. Since little is known about sex offender registration violators, our first goal was to describe the characteristics of a sample of sex offenders convicted of failing to register in South Carolina. Second, we sought to determine whether, as a group, sex offenders who failed to register differed significantly from compliant registrants on relevant risk variables. Third, we endeavored to identify factors predictive of failure to register (FTR). Finally, we evaluated the role of registration noncompliance in contributing to recidivism risk over time.
CONCLUSIONS
Results from this study do not support the supposition that sexual offenders who fail to register are more sexually dangerous than those who comply with registration requirements. Specifically, results indicated that approximately 10% of sex offenders had registry violations across an average follow-up period of about 6 years. Of those who failed to register, 11% also had a sexual recidivism charge, compared with 9% of compliant registrants. The presence of prior sexual offenses did not predict FTR, and FTR did not predict sexual recidivism. Consistent with other research, sex offenders are more likely to reoffend non-sexually than with a subsequent sex crime.
Sexual violence is a serious and complex problem requiring a comprehensive set of strategies to enhance public protection. Interventions based on research data are more likely to succeed in preventing sex crimes by targeting resources toward factors associated with reoffending. The current study indicates that sex offenders who fail to comply with registration are not more apt to reoffend sexually, but substantial resources are spent for enforcement, and, as required by the Adam Walsh Act, to incarcerate violators. We suggest that utilizing empirically derived risk assessment to identify highrisk predators, and assisting sex offenders to reintegrate successfully might contribute in more meaningful ways to public safety.
This report is a summary of a research article forthcoming in the peer-reviewed scientific journal Justice Quarterly.
Levenson, J. S., Letourneau, E., Armstrong, K., & Zgoba, K. (2009, in press). Failure to register as a Sex Offender: Is it associated with recidivism? Justice Quarterly.
March 18, 2009
KY- Court: Sex offender ruled incompetent to stand trial
3-18-2009 Kentucky:
A homeless Maysville man has been ruled incompetent to stand trial on charges he failed to register as a sex offender, a class D felony.
According to Assistant Commonwealth's Attorney Gary Adkins, Harold M. "Beanie" Atherton, 42, underwent a psychiatric evaluation to determine if he was competent to stand trial. Adkins said Atherton was evaluated at the Kentucky Correctional Psychiatric Complex as an inpatient and a competency hearing was held March 2. Adkins said on March 3, Circuit Court Judge Stockton B. Wood issued an order ruling Atherton was not competent to stand trial.
The 13-page competency evaluation was conducted by Dr. Steven Simons and has been sealed by the court, Adkins said.
Atherton was convicted in Mason District Court in 2007 of third-degree sexual abuse, a misdemeanor charge. He served his sentence in the Mason County Detention Center and was released in March 2008. Under state law, sex offenders are to register with the Department of Corrections Probation and Parole Office upon their release. Atherton failed to register with the local Probation and Parole Office in Maysville, in part because he has no permanent address and also because of an apparent gap in the legal system for registering sex offenders convicted of misdemeanor charges.
In July 2008, the mother of the 14-year-old female victim found out Atherton had failed to register and had in fact, left the Maysville area and was living in northern Kentucky.
At the time, Lisa Howard, program administrator for sex offender supervision at the Kentucky Department of Corrections said persons convicted of sex offense crimes are instructed by the court to fill out a "Duty to Register" form, issued by the Administrative Office of the Courts. Howard said someone was to advise Atherton to register either in open court or by the Duty to Register form, which should have been in Atherton's file. Persons convicted of felony sex crimes are required to register as sex offenders before being released from prison; there is no such requirement for those convicted of misdemeanor sex offenses and the responsibility rests on the convicted person, according to Howard.
The next step in the case against Atherton is a motion hearing scheduled for March 27 in Mason Circuit Court; during that hearing, the charges against Atherton will be dismissed without prejudice, which means if he is ever found to be competent to stand trial, the charges can be reinstated.
In the meantime, Adkins said his office has asked the office of Adult Protective Services/State Guardianship to file a petition, hopefully prior to the hearing, to provide assistance and stability to Atherton.
Adkins said that assistance or stability might come in the form of recommending Atherton be placed in a state psychiatric facility, such as Eastern State Hospital in Lexington or a group home.
"Someplace, somewhere where he would have close supervision over him," Adkins said.
Atherton is currently incarcerated at the Mason County Detention Center, awaiting an outcome to the felony charge.
"He potentially will be released on or after the 27th, we put out (on the hearing date) that far to give Adult Services time to file a petition to protect him and the public because we believe he is a danger to others," Adkins said. "We're not able to obtain any sort of plea in this case because of his mental state."
Adkins also said Simons, the doctor who conducted the evaluation was of the opinion Atherton's mental capacity would not improve.
When contacted, the mother of the victim said her family was not aware of the current state of Atherton's case. After being advised of the felony charges and psychiatric evaluation, she said "my primary concern and hers (daughter's) has been that this doesn't happen to anyone else ... however that gets done is fine. How it gets done or by what recourse, it doesn't matter. If he will be in custody or somewhere that he will not be able to harm another child." ..News Source.. by MARLA TONCRAY, News Editor
March 17, 2009
MO- Missouri Supreme Court upholds Marion County man's conviction
3-17-2009 Missouri:
Hannibal, MO — The Missouri Supreme Court has upheld the conviction of a Marion County sex offender.
William D. Holden was charged in April 1994 with two counts of sodomy with a child under the age of 14.
Before he pleaded guilty in March 1995, the state passed a law requiring sex offenders to notify sheriff’s departments within 10 days of moving to a new address.
Holden was released from prison in May 2001 and registered with the Marion County sheriff. In July 2007, he moved but failed to comply with the 10-day requirement.
Holden argued the law was unconstitutionally retrospective. A trial court overruled his motion and in January 2008 sentenced him to four years in prison.
The Supreme Court voted 7-0 to affirm Holden’s conviction. ..News Source.. by Staff reports
Mo. court rules date of conviction, not offense, decides who must sign state sex offender list
JEFFERSON CITY, Mo. (AP) — The Missouri Supreme Court has upheld a four-year prison sentence for a sex offender who did not report to police when he moved within Hannibal.
William Holden pleaded guilty in 1995 to sodomizing a 5-year-old girl in April 1994. Holden was released from prison in 2001 but didn't notify police within 10 days of moving from a basement to another house and then again to his car.
Holden claimed he was not required to update his address because the original sodomy offense happened before Missouri started requiring sex offenders to register in 1995. The state cannot add extra punishment for crimes after the fact.
The Supreme Court ruled Tuesday that the deciding factor is when someone pleads guilty or is convicted, not the date of the offense. ..Source..
March 16, 2009
WA- Washington court reverses sex offender conviction
While it appears this decision is all about "failure to register" on reviewing it, it really is all about classification of RSOs. Finally, a lawyer has approached the subject in a new light, separation of powers, and apparently effectively.
3-16-2009 Washington:
CHEHALIS, Wash. — A state appeals court has reversed the conviction of a Thurston County sex offender for failing to report.
The court said it was a violation of separation of powers for the sheriff's office to both classify and enforce a sex offender's level. The court said the Legislature improperly delegated classification authority.
KITI radio reports that sheriffs, prosecutors and defense lawyers are reviewing Tuesday's decision to determine how it will affect sex offender registration in Washington.
The case involves a man convicted in 1993 of sexual exploitation of a minor, Domingo Torres Ramos. In 2001 he was classified by the Thurston County sheriff's office as a Level Two sex offender. He was convicted in 2007 of failing to report. ..News Source.. by The Seattle Times
March 8, 2009
MI- Budget cancels extradition of top sex offender
3-8-2009 Michigan:
Budget cuts have led the Livingston County prosecutor's office to decide not to extradite a Green Oak Township man listed on the state's Most Wanted Sex Offenders list.
William L. Tyrer, 44, who was convicted of first-degree criminal sexual conduct, was wanted on a 2005 warrant in Livingston County for failing to register on the state's sex offender registry.
He was arrested Dec. 30 in Reno, Nev., where he was subsequently sentenced to 12-32 months in prison for violating probation and providing false information to police while he tried to register as a sex offender there.
Prosecutor David Morse estimated it would cost about $2,500 to extradite Tyrer, who has not registered on the Michigan sex offender list since 1999.
"We knew when we had to take budget cuts there would be fugitives we wouldn't be able to bring back," Morse said Thursday.
Morse does not lay the blame for lack of funding at the Livingston County Board of Commissioners' feet, but rather on himself because he submitted the budget — which was eventually approved by the county commission — that had no extradition funding.
He hopes that the department will find ways to fund extradition in the future.
County Commissioner Jack LaBelle, who chairs the commission's Finance Committee, said he believes the commission would find the money if Morse felt not bringing a fugitive back would "reverberate throughout the community."
"I'm sure we'd support him," LaBelle said. "I can't imagine the board not supporting him."
Overall, Morse is pragmatic about the Tyrer situation.
"He'll be incarcerated in Nevada, so it's not like he'll be running free," Morse said. ..News Source.. by Lisa Roose-Church
Sex offender on most-wanted absconder list back in custody
2-26-2009 Nevada:
A former Livingston County man on Michigan's list of most-wanted sex offender registry violators is back in custody.
William L. Tyrer, 34, will be sentenced next week and likely faces prison time in Reno, Nev., where police picked him up in December for failing to register.
The former Green Oak Township man pleaded guilty in 1995 to first-degree criminal sexual conduct and was released in January 1999.
The 34-year-old victim told police she was walking home from a Whitmore Lake bar when Tyrer grabbed her, forced her to the lakefront and raped her.
Police said Tyrer never registered as a sex offender after he was released, and he's been sought on a felony warrant since.
Tyrer has been arrested twice in Nevada and has been in jail there since December for failing to register in that state. It's unclear whether Michigan officials were notified of the arrests; they said they only learned Tyrer was in custody last week after they received an anonymous tip.
Tyrer faces a minimum of one year and maximum of four years in prison at his March 4 sentencing, officials said. He could get additional time for violating his probation, which he was placed on after a 2006 arrest in Nevada, officials said. ..Source.. by MLive.com
