Deputies: Registered sex offender arrested for church service involvement

It is very likely they have state laws as to starting churches, and did he follow them? Apparently he did find someone to be Pastor, but did he know the background? Police when tipped off then setup a sting of sorts, then finding he is violating a registry law. Then it all falls down..

8-24-15 North Carolina:

BURKE COUNTY, N.C. — An undercover sting inside a Burke County church ended with the arrest of a registered sex offender.

Deputies said they began investigating registered sex offender Kenneth Lee Cagle, 53, two months ago when they received complaints that he was starting a church.

Cagle was convicted of third-degree sexual exploitation of a minor almost a decade ago, officials said.

Deputies found that Cagle had successfully opened a church where he served as a church elder and led part of church services. His involvement in the church is a violation of state law, according to deputies.

During a traffic stop after a church service on Sunday, deputies charged Cagle with sex offender employment violation and being a sex offender with a child on the premises.

Leon Hoyle, the church's pastor, described the undercover officer as a wolf in sheep's clothing.

Hoyle doesn't believe they put any children in danger and said families knew about Cagle’s conviction.

Cagle said he will never get beyond his past.

"It's sad. You'd think a church be about the only place, the last place they wouldn't want you to go," Cagle said.

Reporter Dave Faherty stood with the Hoyle and family members as Cagle was released from jail Monday.

The pastor said for now Cagle will not be allowed to attend services.

Family members said they are petitioning the court to have him removed from the sex offender registry. ..Source.. by wsoctv.com

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High court weighs sex offenders’ rights

6-25-2010 New Hampshire:

Man wants to attend church where children are present

CONCORD — The state Supreme Court took up a case Wednesday that could determine how and where sex offenders worship after they’re released from prison.

The justices’ questions were many, but they boiled down to how to balance an offender’s fundamental right to practice religion with the state’s duty to protect the public.

At the center of the case is 36-year-old Jonathan Perfetto of Manchester, who served about seven years in prison after pleading guilty to possessing 61 items of child pornography.

Since shortly after his 2008 release, when he briefly lived in a Concord parking garage, Perfetto has wanted to worship with a Manchester congregation of Jehovah’s Witnesses. But he says he can’t, because his supervised release prohibits him from having contact with anyone under 17.

If he has such contact or reoffends or uses the internet, he could go back to prison to serve up to 28 years of his remaining suspended sentence.

Perfetto, initially representing himself, thought he had a solution a year ago when he asked the Hillsborough County Superior Court to let him attend church meetings under the close watch of a church elder. Perfetto said he hoped a chaperone would satisfy concerns of prosecutors.

The Hillsborough County Attorney’s Office objected, saying the church is a family-oriented congregation that requires members to attend frequent meetings.

“The likelihood that (Perfetto) will be supervised every minute, of every meeting, every week is not high,” wrote Assistant County Attorney Maureen O’Neil.

Four days later, Judge Larry Smukler denied Perfetto’s request without a hearing.

Perfetto’s appeal went before the state Supreme Court Wednesday, with legal representation by Barbara Keshen, staff attorney for the N.H. Civil Liberties Union.

Keshen didn’t disagree that Perfetto’s activities could be restricted while he’s on supervised release. The problem, she said, is that Smukler decided the matter without hearing from Perfetto or delving into the facts of his particular situation.

That sort of analysis is required, Keshen said, when the state wants to restrict a fundamental right that is protected in the U.S. and state constitutions.

“Here there probably can be limitations on Mr. Perfetto’s right to worship, but they have to be narrowly tailored,” she said.

She added, “The court needed a lot more facts than it had when it decided this case. What is his risk to offend now? What is the ratio of children to adults in the congregation? Are (children) always supervised in the sanctuary?”

Justice Carol Ann Conboy noted the state’s arguments that Perfetto could worship at home or through a Bible study with other elders from the church. “I’m struggling, frankly, with your contention that this is a restriction on his right to practice his religion,” Conboy said.

Chief Justice John Broderick asked how Keshen would handle a client who wasn’t allowed to use the internet but claimed he could under his right to free speech. Would a chaperone satisfy the state’s concerns and protect the public’s safety?

Keshen said she couldn’t say without more specifics about such a case.

“I would support the balancing (of interests) that would be involved,” she said.

Conboy asked, “Is it reasonable that someone convicted of (61 counts) of child pornography be prohibited from unsupervised contact with kids?”

Yes, Keshen said, “but then the question is how do you craft something that balances his fundamental rights to worship and public safety?”

The justices were equally curious about the state’s position.

Conboy and Justice James Duggan wanted to know why Smukler didn’t learn the details of Perfetto’s situation before denying his request to attend church with a chaperone.

Chief Justice John Broderick asked what should be done if children attend every service at the church. How, Broderick asked, can the state balance Perfetto’s right to worship and the public’s right to safety?

Nick Cort, who handled the appeal for the state Attorney General’s Office, said the test is reasonableness. Cort said the state is not obligated to set the least restrictive conditions possible when it comes to fundamental rights.

“There is a reasonable relationship between these restrictions and the goals of the corrections system,” he said. ..Source.. Annmarie Timmins, Concord Monitor

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NC- Judge to decide legality of N.C. sex offender restrictions

11-13-2009 North Carolina:

by WRAL.com

Pittsboro, N.C. — A Superior Court judge said Thursday that he needs some time to decide whether to strike down a portion of the state's sex offender laws.

James Nichols, a registered sex offender, challenged the constitutionality of the laws following his March arrest at Moncure Baptist Church. The church has a nursery and regularly scheduled programs for children, and state lawmakers expanded restrictions on sex offenders last year by banning them from being within 300 feet of any place intended for the use, care or supervision of children.

Following a two-hour hearing on Oct. 29 and another hearing Thursday afternoon, Judge Allen Baddour said he would take the issue under advisement and issue a ruling later.

"(The law) is overbroad, and it can't be interpreted in a rational way," said Glenn Gerding, Nichols' attorney.

Gerding and Ken Richardson, an attorney for Frank DeMaio, another sex offender challenging the state law, said the restrictions prevent them from going to church.

"What church does not have young people attending?" Richardson asked.

Thirty-six states establish zones where sex offenders cannot live or visit. Some states provide exceptions for churches, but many do not.

Assistant Chatham County District Attorney Kayley Tabor said sex offenders could attend a church that doesn't have a Sunday school, nursery or youth programs. They also could get private counseling from ministers, she said.

"These two defendants are who the legislature, I believe, had in mind when they wrote that statute," Tabor said.

Nichols was convicted twice of indecent liberties with a teen girl and most recently of attempted second-degree rape in 2003. DeMaio was convicted twice of taking indecent liberties with children.

Lt. Steve Maynor of the Chatham County Sheriff's Office said he warned both men that they might be breaking the law by going to church and that he arrested them only after someone in the church complained about their presence.

If Baddour declares the law unconstitutional, the case could be appealed to the state Supreme Court. ..Source..

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NC- Church sends kids away

The Church responds to "Sex offender can't worship" because of a State that fails to recognize religious freedoms; a constitutional right!

8-18-2009 North Carolina:

RALEIGH -- One church has dealt with a new law banning sex offenders from within 300 feet of child-care facilities by moving children's programs off site.

St. John's Metropolitan Community Church on Glenwood Avenue made the decision last fall, because one of its members would have had to stop worshipping on Sundays.

"At our church we believe that we should have the doors open to everybody," said member Stan Kimer, first vice president of the N.C. Council of Churches. "That's one of the purposes of church is to take people in that society might reject. ... You're almost taking someone who's down and preventing him from doing the things he needs to do to move on with his life."

With their parents

Kimer said St. John's typically has fewer than 10 children at a service. They usually stay in the sanctuary with their parents during worship anyway, leaving only for occasional special programs. Such special events now occur while the sex offender is not present or at off-site locations such as parents' homes.

The offender was convicted of indecent liberties with a child, obscene literature and immorality with a minor in 1986 and second-degree sexual exploitation of a minor in 1997, according to state records.

Kimer said the man has been out of prison for several years and helps to lead music, teach adult classes and serve the church in other ways.

"He wanted to change his life," said Kimer. "His being at church was a very important part of his rehabilitation." ..Source.. by JESSE JAMES DECONTO - Staff Writer

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NC- Sex offender can't worship

8-19-2009 North Carolina:

James Nichols said he was flabbergasted when a Chatham County sheriff's deputy arrested him in March for a simple weekly activity -- going to church.

Nichols, 31, had served six years in prison for indecent liberties with a teenage girl and attempted second-degree rape. He was released last September and started attending Moncure Baptist Church. He met with the pastor, disclosed his crimes and often sat in the front row for worship.

But after the Chatham Sheriff's Office investigated an alleged sexual assault by another person in the church parking lot in March, Nichols was arrested because he was attending the church, which has a child-care facility on its premises.

"Anyone in this world has a right to practice their religion, and whether they've made any mistake in their life, they should have the right," Nichols said.

But a state law that took effect in December forbids registered sex offenders from being within 300 feet of a school, playground, day care or children's museum.

"The law we passed doesn't let them go to church, because there are nurseries in churches," said state Rep. Verla Insko, D-Chapel Hill, the only legislator in the House and Senate to oppose the law.

And we elect these people, only this one understands! Lord help us...... Someone please, find an idiot proof test to administer to folks before electing them.

Nichols, with the help of the American Civil Liberties Union, is challenging the law in Chatham County. A coalition of social workers and psychologists who treat sex abusers have been fighting it in the General Assembly. Some think churches should play a key role in rehabilitating offenders.

Proponents, though, want to keep sexual offenders away from children at all costs, even after they've finished their prison time.

'Lost their rights'

"As far as I'm concerned, they've lost all their rights -- to go to church ... to go to McDonald's to get a cheeseburger if they've got the slides," said state Sen. David Hoyle, the Gastonia Democrat who sponsored the law. "They have made that choice. They have imposed that on themselves. I didn't."

Nichols' lawyer, Glenn Gerding, calls the law unconstitutional because it infringes on his client's freedom to exercise religion. He said the law applies even if an offender is merely sitting on a pew and no children are in the building.

Katy Parker, North Carolina legal counsel for the ACLU, said her agency has taken about 50 phone calls from pastors and registered sex offenders since the law took effect. She said law enforcement officials have told pastors they can't allow sex offenders to attend church. She also has heard of offenders being arrested for exercising at a YMCA.

Nichols appears to be one of the few offenders arrested for being on church grounds, though there clearly are other offenders attending worship. Eric Sipe, a sex-abuse therapist in Catawba County, said sheriff's departments vary in how they enforce the law.

Nichols recently moved to Sanford, where he started attending Try Jesus Ministries. The church has children's programs, but Nichols said law officers are more understanding. Last weekend, he went with fellow church members on a retreat to Tennessee.

"I go to church anytime I get a chance," said Nichols. "I believe in it. It helps me keep my mind on track. It helps me be a better person not just to myself but to someone else."

Hoyle, the law sponsor, said he doesn't have a problem if pedophiles go to church, as long as there aren't children there.

"It's a recipe for them to find victims," he said. "Find another church that they don't have a nursery. I'm sure there are a lot of churches that don't have nurseries."

Gerding, Nichols' lawyer, argues that churches are precisely where offenders need to be. "Churches are often the last hope for many sex offenders who need the stability and guidance a church pastor and church family can provide," Gerding wrote in his motion. ..Source.. by JESSE JAMES DECONTO - Staff Writer

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GA- Sex-registry suit can go on

6-2-2009 Georgia:

Judge allows class action: Ruling strikes down ban on church work by sex offenders.

A federal judge on Monday banned the state from enforcing a provision of Georgia’s tough sex-offender law that prohibits offenders from volunteering at churches.

Lawyers representing the plaintiffs presented evidence from ministers and others who work with sex offenders about the restorative powers of faith and volunteering in faith communities, U.S. District Judge Clarence Cooper said.

“Allowing plaintiffs to continue to participate in their faith communities will further public safety by providing support, stability and a grounded sense of right and wrong,” Cooper wrote.

Separately, Cooper rejected attempts by the state to throw out the class-action lawsuit on grounds it is unmanageable and impractical.

Cooper allowed the suit filed on behalf of all 16,000 people on Georgia’s sex-offender registry to proceed on claims the law is too vague and broad.

Cooper also broke the suit down into various “subclasses” and allowed those claims to proceed. These subclasses include offenders seeking to overturn a provision banning them from living within 1,000 feet of designated school bus stops; offenders who want to volunteer or want to work at places of worship; and offenders who were convicted before the law’s passage on July 1, 2006, but are on the sex-offender registry.

Cooper declined to allow claims to be pursued further by subclasses of offenders who are renters or those who are elderly or disabled.

Georgia’s sex-offender law is one of the toughest in the nation. It prohibits most offenders from living or working within 1,000 feet of places children congregate, such as schools, parks, swimming pools and churches.

But the law has suffered a number of legal setbacks, including court rulings granting relief to offenders who own homes, who are homeless and who got mandatory life sentences for failing to register a second time.

Russ Willard, a spokesman for Attorney General Thurbert Baker, said the office was discussing the impact of Cooper’s injunction with its clients.

Gerry Weber, a lawyer with the Southern Center for Human Rights, which filed suit on behalf of the plaintiffs, applauded the ruling.

“Georgia’s sex-offender law has suffered more legal setbacks than any such law anywhere in the country,” he said.

“This order should send a clear message to the General Assembly that it’s time to fix this law,” Weber said.

The Senate recently approved legislation that seeks to change a number of provisions.

One would allow sex offenders to volunteer at places of worship, provided they are not with unsupervised minors.

But a House version of the bill does not include that provision. ..Source.. by Bill Rankin, The Atlanta Journal-Constitution

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