11-16-2009 Connecticut:
VERNON — - That Jeffrey McEwen is a violent drunk who intended to murder two people the evening of June 2, 2008, at 17 Pillsbury Hill was not in dispute Friday at Superior Court in Rockville.
The question was whether McEwen was a sexual predator deserving of being on the state sex offender registry.
About 11 p.m. that June night, McEwen fired a bullet into a man's chest, then turned the weapon toward a woman and fired again. The pistol misfired, so McEwen choked her until she was unconscious. When she stirred a moment later, McEwen said to her, "Oh, you're still alive?"
He then began to undo the woman's bra, pull down her pants and ask the seriously wounded man lying on the floor where he kept his condoms. He also told the woman he intended to rape her. A sexual assault, however, did not occur.
McEwen, 39, who was found guilty in May of first-degree assault and second-degree strangulation, was ready to accept his 25-year sentence in prison. He was not willing, however, to be labeled a sex offender.
Tolland State's Attorney Matthew C. Gedansky, arguing that McEwen's conduct that evening made his crimes sexual in nature, urged Judge Terence A. Sullivan to require that McEwen register as a sex offender when he gets out of prison at age 63.
Sullivan wasn't so sure. "He thought he killed her, thought she was dead before anything sexual came up," Sullivan said. Gedansky agreed with the judge's interpretation but then said it would be reasonable to infer that McEwen intended to sexually assault the woman's dead body. The judge wasn't willing to go that far.
Larry Bates, McEwen's lawyer, argued that there was no sexual element to the crime. Sullivan agreed and declined to require registration as a sex offender.
"Mr. McEwen's prime purpose in being in that room on that night was to kill two people," the judge said.
Had he not been interrupted by another person in the home that night, McEwen would have killed the woman, Sullivan said.
The judge then imposed the sentence of 25 years and marshals led McEwen from the courtroom. ..Source.. by DAVID OWENS
November 16, 2009
Judge Refuses To Tag Convicted Man With Sex-Offender Label
September 16, 2008
FL- East Naples man no longer will be branded sex offender
9-16-2008 Florida:
A judge on Monday granted Christopher Forsyth’s petition to remove the lifelong sex-offender designation from the public record
Christopher William Forsyth admits he had sex with a 14-year-old girl when he was 18.
But the former East Naples man served a year in jail, is on sex-offender probation and doesn’t want to be branded a sex offender for the rest of his life.
On Monday, 22-year-old Forsyth became the third Collier County defendant to have his sex-offender designation removed under the state’s new Romeo and Juliet Law, which allows a judge to remove a sex-offender label. Collier Circuit Judge Fred Hardt granted defense attorney Janeice Martin’s petition to remove the 2006 designation.
"The Legislature passed the Romeo and Juliet Law for exactly this reason," Hardt said. "He still will be on sex-offender probation and he will have a conviction on his record for the rest of his life."
The ruling means Forsyth’s photo won’t be on a sex-offender Web site, he won’t have to register his address for life, and he doesn’t have to stay away from schools, parks, day care centers, bus stops, or any other places children congregate.
"I feel relieved," a smiling Forsyth said as he left court. "Now I can build my future."
Forsyth, who now lives in Dixie County, said the sex-offender designation would have prevented him from attending his children’s games or events when they’re older. "I made a mistake. ... My kids, they really do love me," he said of his children, ages 2 1/2 and 3 months, noting that it would have hurt them more if he couldn’t attend their events.
The "Romeo and Juliet Law," named after Shakespeare’s tragic teenage lovers, attempts to correct overly harsh penalties and prison terms imposed over the years. Florida’s law went into effect in July 2007, following similar laws a year earlier in Connecticut, Indiana and Texas.
Although underage sex is still a crime here, judges can remove the sex-offender designation in certain cases. A victim must be between 14 and 17, a willing participant, and can be no more than four years younger than the offender. The offense must be the only sex crime on the defendant’s record. The law allows judges to withhold the designation at sentencing, but also allows past defendants to petition for removal — and that’s what Forsyth and two other Collier County defendants did.
"We were pleased when the Legislature decided to pass this law — and Christopher Forsyth is precisely the type of individual contemplated by the law," Forsyth’s defense attorney, Janeice Martin, said after Forsyth’s petition was granted.
The ruling was the second for Martin, who was the first to have a petition granted in Collier County. In November, Circuit Judge Frank Baker granted a petition for Joseph Paul Richards, 27, of Naples, after Martin and Assistant State Attorney Deborah Schwartz stipulated he fit the requirements for removal of sex-offender status.
Last month, Circuit Judge Elizabeth Krier granted a petition filed by defense attorney Lee Hollander for Lazaro Rodriguez, who had sex with a 15-year-old girl when he was 19. He was sentenced to a year in jail and is serving six years of sex-offender probation.
The number of offenders who have had their sex-offender designations removed was not immediately available Monday from the state Department of Corrections, but 28-year-old Anthony Croce of St. Petersburg was the first to qualify for removal from Florida’s registry of sex offenders just after the law took effect last summer. Croce, who pleaded no contest to lewd and lascivious behavior, was 17 when he began having sex with his 15-year-old girlfriend. Her mother pressed charges when he turned 18.
Forsyth had sex with a 14-year-old girl, who also had sex with his 17-year-old friend, who wasn’t prosecuted. Forsyth testified she would allow him into her gated community and they’d drive away to have sex. In September 2006, he pleaded no contest to a reduced charge of lewd act on a child less than 16 and Hardt sentenced him to a year in county jail and three years of sex offender probation, which he began in August 2007.
On Monday, Forsyth’s probation officer, Horace Craft, testified that when his boss asked officers to review their cases to see if anyone fell under the Romeo and Juliet Law, Forsyth was the only one of his 30 probationers that he suggested. "He just stands out," Craft testified.
"From the day I met him ... I was impressed with his attitude," Craft said, adding that he admitted having sex with the girl and hanging around with the wrong crowd. "He was so happy to be out of jail and on probation. He wanted to get this behind him. He wanted to do good and do the right thing. ... You couldn’t ask for a better person."
His boss, Todd Begue, who testified by phone from Mobile, Ala., said Forsyth loads trucks, handles paperwork, and he trusts him to oversee $14 million worth of products. "I feel very strongly that he’s learned from his mistake and has a pretty good outlook on life," testified Begue, a former corrections officer. "I think he really, really deserves a chance."
A family friend testified the father of two had turned his life around and didn’t deserve to be branded for life, and Forsyth testified he took responsibility for his past and admitted not talking to the girl’s mother because he was scared and the mother was accusing him of rape, when it was consensual.
During closing arguments, Martin said the case meets the spirit of the law and that Forsyth adheres to all conditions of probation, is remorseful, works hard, and shouldn’t be punished forever for his past. She said the public is protected from real sex offenders. "Your honor, if Mr. Forsyth doesn’t qualify for the statute, I don’t know who else would," Martin argued, calling his conviction a "youthful discretion."
Assistant State Attorney Steve Maresca argued against it, contending they weren’t high school lovers and that the girl didn’t even know Forsyth’s real name, only one attached to his friend’s cellphone. He argued that Forsyth’s probation should be violated for living with his own children — Hardt refused to hear that — and that the law was enacted for those who immediately admit wrongdoing. Martin pointed out that wasn’t part of the law and that Forsyth admits denying responsibility initially because he was young and scared. ..News Source.. by AISLING SWIFT
April 8, 2008
Former FBI Agent Says Sex Offender Label is Problematic
4-8-2008 National:
HUNTSVILLE, Ala. (WAAY) - What should be done with sex offenders? That's a question child welfare professionals are tackling this week in Huntsville, and a former FBI agent has some very strong views that he's shared with others.
Sex offenders are treated as second-class citizens in American society, and most would say rightly so. To get the designation, they've convicted of a terrible crime, most of them against children. But for those convicted of a sexual crime, no matter what charge or the age of the victim, they all have the same label.
Ken Lanning spent 35 years as a special agent for the FBI. He now trains law enforcement officials across the United States on how to investigate allegations of sexual abuse. But even though he's seen and investigated some of the worst cases in the country, he doesn't like the title of sexual predator.
"The reason I don't like the term is while I agree that they are many are predatory in their behavior," Lanning said. "The label predatory conjures up an evil type of image that they're evil monsters, dirty old men in wrinkled rain coats, a wolf in sheep's clothing. Men prowling around and mean nasty people. And while there are people who fit that, a lot these guys are pillars of the community. They go to church on Sunday and they're nice to their neighbors."
That description would apply former Huntsville Police officer Kenneth Haga, who was convicted two years ago of possession of child pornography. Another example is Rev. Jerry Wayne Love, who was convicted of first-degree sodomy and repeated sexual abuse of three of his adopted children.
But while you can find the names of Love and many other offenders on bulletin boards and sex offender web sites, Lanning said the public shouldn't try to fit them all into the same category. Also, he said that not all people convicted of sex crimes should be required to wear electronic monitoring bracelets, and move 2,000 feet from schools or day cares, under laws like Jessica or Megan's Law.
"What happened to Jessica, what happened to Megan? These were two little girls who were sexually assaulted and murdered. Most child molesters don't abduct their victims, and most don't kill their victims, so why have we passed a law based on the worst possible case and apply to offenders who don't fit in these categories?" he said.
"I'm not against registering sex offenders," Lanning continued. "I'm not against community notification. I just think that we need to do it in a realistic, practical kind of way."
Lanning said it's not possible to put all sex offenders in jail. No one's going to pay for that. But all of them can't also be sent to counseling. He said the key is balance -- a balance that law makers don't want to take the time to look for.
..more.. by Reporter: Justin McFarland, Web Editor: Dana Franks
March 15, 2008
CO- 'Sexually Violent Predator' tag debated
Attorneys, offenders debate Colorado's use of 'sexually violent predator' designation
3-8-2008 Coloado:
Longmont resident Dwight Jackson says the term "sexually violent predator" conjures up images of a 50-year-old man hiding behind a bush and snatching up 4- and 5-year-old children -- not his 22-year-old son.
What is a sexually violent predator?
A sexually violent predator is defined by Colorado law as someone 18 or older, or tried as an adult, who pleaded guilty or was convicted on or after July 1,1999, of one of the following crimes occurring on or after July 1, 1997: sex assault in the first or second degrees, unlawful sexual contact or third-degree sex assault, sex assault on a child, or sex assault on a child by a person in position of trust.
The perpetrator could be a stranger or a person who promoted a relationship with the victim for the purpose of the crime.
When the court finds a defendant to be a sexually violent predator, it is determined through the pre-sentence report the court gets at the time of sentencing. A sexually violent predator risk assessment is supposed to be part of that report, and the judge makes the determination after the prosecutor and defense attorney get a look at the report.
A person being considered for parole from prison also can be administered the sexually violent risk assessment tool and labeled by the parole board before he or she is set free.
The SVP test
The Colorado Sexually Violent Predator Assessment Screening Instrument was developed by the state's division of criminal justice with help and approval by the state sex offender management board.
"Yes" answers count as one point. The weight of the last three questions are measured by a "scale criteria" system based on more questions and actions by the offender.
A score of 4 or above means the label gets attached.
1. If there is a juvenile criminal history, would it have been considered felonious as an adult offense?
2. Does offender have any type of prior felony convictions?
3. Did the offender fail first or second grade?
4. Was the offender employed less than full time at the time of the offense?
5. Did the offender possess a weapon at the time of the offense?
6. Did the offender use drugs or alcohol to reduce the victim's ability to resist?
7. If the offender reports that he or she was not sexually aroused during the crime, add a point.
8. Scale criteria that relates to the offender's level of denial.
9. Scale criteria that relates to the offender's level of motivation for treatment.
10. Scale criteria that relates to the offender's level of deviancy.
Colorado's SVPs
354 offenders designated SVP:
187 through the court system at the time of sentencing
167 by parole board at the time they exit prison
Of those SVPs:
300 are currently incarcerated
2 are in community corrections settings (halfway houses)
24 are under parole supervision
28 have been discharged
Source: Department of Correctionsas of September 2007
Yet that's the unsavory title Sean Christopher Jackson will carry for the rest of his life after denying to Colorado's parole board that he's a rapist.
Arrested in 2004 on suspicion of sexually assaulting two girls, aged 14 and 15, Sean Jackson insisted the sex was consensual. He took a plea deal to avoid a possible life sentence, his father said, and spent three years in prison. Now he's barred from even seeing his two younger sisters until they turn 18, thanks to the predator tag.
"It's a real twisted law that is costing taxpayers," Dwight Jackson said in a recent interview. "We just think it's ridiculous. ... He's just an immature teenager -- a stupid kid."
Colorado's sexually violent predator label was created in 1999 to warn communities -- through public meetings and frequent registration with police -- of those offenders most immutable to treatment and, according to research, most likely to reoffend.
Despite those intentions, the designation -- which can be affixed by a judge at sentencing or the parole board at the conclusion of a prison sentence -- has attracted its share of naysayers, including those bearing the label and inside the criminal-defense community, as well as some police and prosecutors. One local legislator is even trying to change the law so that only a judge -- and not the parole board -- can affix the sexually violent predator tag to offenders.
Just hearing the phrase "sexually violent predator" can strike fear in neighbors, notes former Boulder County sex-crimes prosecutor Ingrid Bakke.
"That does a lot in terms of scaring people and making the offender equally afraid of more repercussions when tagged," said Bakke, who is now a private defense attorney.
"And I think we have yet to see if it works or not."
Crimes of violence
At the end of 2007, there were 354 people designated as sexually violent predators by the state of Colorado, according to the Department of Corrections. Of those, 157 were labeled by the state's parole board. Three hundred remain incarcerated.
Currently, two sexually violent predators call Boulder County home -- and both say their crimes involved consensual sexual relationships with underage girls.
Friday, a bill designed to change the way people convicted of sexual crimes receive the label was approved on a second reading by the Colorado House of Representatives. The bill, sponsored by Rep. Dianne Primavera, D-Broomfield, seeks to require that the judge handing down an offender's sentence also determine whether that person gets the sexually violent predator label.
"It's intended to make sure a SVP is assessed at the right place at the right time," Primavera said. "It's really important they get labeled appropriately"
Boulder defense attorney Mary Clair Mulligan said the label shouldn't be slapped on men who are just older than the legal limit who are convicted of having consensual sex with underage girls.
"I realize there is an element of community safety involved," Mulligan said, "but it does sort of boil down to how (the state) defines sexually violent predator compared to the rest of the community."
While the tag includes the word "violent," those bearing it may not necessarily have been convicted of violent crimes. Of the five sexually violent predators who have ever lived in Boulder County, two were convicted of touching victims over their clothing.
"It's such a misnomer," said Julie Brooks, a Boulder police spokeswoman. "There can be no violence involved (and people can still be) labeled."
Sex offenders are the lepers of the 21st century, said Denver defense attorney Phil Cherner, even though two-thirds of them are sentenced to serve time in the community, not prison.
"We need to find a rational way to deal with them, not overreact," Cherner said.
Yet sex assault survivor Renee Dulany does not think Colorado's predator law is broad enough.
Last summer, Rudy Gaytan was convicted of brutally raping Dulany at knifepoint in Longmont in 1996 -- but he cannot earn the sexually violent predator label because his crime occurred before that law went into effect. He was sentenced to 72 years in prison earlier this month.
"If you've been convicted, I think you are a sexually violent predator," Dulany said. "The justice system is still lacking in protecting future victims."
Dulany said victims of sex assault can't be healed with medicine or treatment -- it is something they live with every day.
"To have these people on the street -- they're dangerous," she said. "We have every right to know."
Janine D'Anniballe, the executive director of Boulder's Moving to End Sexual Assault, said the intent of the law is to give a "heads up" to the community.
"That's always a good thing," she said. "I think the way it's done is to try and capture people's attention and give people a forum to learn and ask questions."
However, D'Anniballe said, the label has a lot of focus and fear attached to it, when, in reality, the majority of sex offenses are perpetrated by people the victim knows -- not strangers jumping out of the bushes.
"The perpetrator could just as easy be someone in the family -- that's closer to them than any (sexually violent predator) in the neighborhood," D'Anniballe said.
Inflammatory label
Michael Dell said he's seen overreaction to the predator label firsthand.
Dell was convicted of sexual assault in Boulder in 1999. He does not carry the sexually violent predator label, but as a board member of Colorado CURE -- a national organization that advocates on prison issues and also acts as a clearinghouse to help former inmates -- he talks to lawmakers about the effects of the legislation they pass.
"The purpose is good," Dell said of Colorado's predator label. "There is a certain percentage of sex offenders who will never manage themselves, and that's basically what the predator group is."
But the problem lies in how the system identifies that group, he said. Not distinguishing between those who seek out strangers and those who are familiar to their victims, and also not separating those who have multiple victims or those who attack strangers is troubling, Dell said.
"If you overdesignate everyone, then you lose the people who are dangerous in the crowd," Dell said.
And the label itself is so inflammatory it makes living on the outside of prison walls very tough for its designates and drives some underground, meaning they fail to register.
"We're back to the boogeyman syndrome," Dell said. "People need to realize unless you know the individual circumstances ... just because someone a sex offender, they're not going to be drooling over your kids as they walk to school."
Laurie Kepros, a public defender in Arapahoe County who specializes in sex cases, said when sex offenders are given the predator label by a judge in court at the time of sentencing, they at least can have help from an attorney to dispute the designation.
However, she said, when the parole board labels offenders there is nobody advocating for the defendant.
That is problematic, Kepros said, and she is hearing more and more "horror stories" -- people being given the label even after the court deemed they were not qualified for it, and others slapped with the label when their crime doesn't fit the definition.
"That's really alarming," she said. "We're trying to figure out if we can help or not. "
But David Michaud, chairman of Colorado's parole board, defended the post-prison labeling.
He said the parole board is just following the law, using the Colorado Sexually Violent Predator Assessment Screening Instrument, which was developed from research collected by Colorado's division of criminal justice and approved by the sex offender management board.
"You've got some discretion, but if it were me doing them, I'm not going to go against that risk assessment ... unless I see there is a blatant mistake," Michaud said.
When the label is applied in court, it happens at a public hearing -- but the parole board meeting is closed.
Offenders are given at least 24 hours' notice of the possible label and have a chance to submit evidence or call witnesses to try and fight the designation, Michaud noted.
Michaud said he knows there will always be people not happy with how they were labeled, but the real retribution to his board will come when an offender passes the assessment test, leaves prison without the sexually violent predator tag -- and then reoffends.
"Then someone's going to be screaming and hollering that this doesn't work," he said. ..more.. by Christine Reid
