View the article here
Title: An act to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.
Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 12/8/2005) Cosponsors (37)
Related Bills: H.R.3132, H.R.3133, H.R.4905, H.R.5773
Latest Major Action: Became Public Law No: 109-248 [GPO: Text, PDF]
Saturday, October 6, 2007
View the article here
Parole boards have begun to enforce a new California effort to impose strict residency requirements on sex offenders freed from prison. So far, nearly 3,000 parolees have been found to be in violation of the law.
View the article here
NEW ORLEANS -- The New Orleans Police Department is asking for the public’s assistance in locating 16-year-old Kathleen Porter, of New Orleans.
Police said Porter was reported missing since Saturday morning.
Detectives conducted an investigation and learned that the girl was communication with a 27-year-old man online who was possibly a sex offender. Detectives said they believe that she could possibly be with this person or could be in the Pensacola, Fla., area.
- So why do you not release the mans name?
Porter was described as a 16-year-old Caucasian girl, with green eyes and dark brown long hair. She is approximately 5 feet 5 inches, very thin and weighing about 90 to 100 pounds.
Police said they urged anyone with information to contact the New Orleans Police Department at 504-821-2222 or the nearest law enforcement agency.
Sing Along Folks!
Toilet trollin' Senator Craig
Standing so tall outside my bathroom stall at the airport
Through the crack I see you peeking
I know what you’re really seeking
You tap a code from the next door commode
It’s Lusty Larry!
Tap three times with your loafer if you want me
Mmmm. Twice on the tank - if the answer is no
Tidy bowl man!
(Tap Tap Tap) Means you’ll meet me in the stall-way
Twice on the tank means you just gotta go
Being busted inside a john
It’s not a thing that a right-wing Republican should do
All your talk of family values
Flushed away in scandalous loo news
And all your denials are stinking like piles of political poo
(What a wide stance)
Tap three times with your loafer if you want me
Twice on the tank - if the answer is no. No?
(Tap Tap Tap) He's unbuckling his beltway
White and far right means you’re from Idaho
Crapitol Hill is buzzin'
About Larry’s lavatorial lovin'
It seems so wrong wanting sex in a john
(Hey, rent a motel)
Tap three times with your loafer if you want me
Twice on the tank - if the answer is no
(Tap Tap Tap) Means you'll meet me in the stall-way
You’re in the tank, better say adios
View the article here
The American people, it would seem, have embarked on a project to totally destroy the group of people it has defined as "sex offenders." It has, in other words, decided that it wants to purify itself by means of a holocaust. The term "holocaust," which has the literal meaning of a complete destruction by fire, is commonly used to refer to any massive destruction of a group of people by another group of people. The best known example is the Jewish Holocaust under Hitler. Is it overstating the case to use this term with regard to the treatment of sex offenders in the US ? I would submit to you that, on the contrary, what we have been witnessing for some years now with regard to the sex offender issue has all the earmarks of an emerging holocaust.
The first and perhaps most important step in the creation of any holocaust is the demonization of the group of people that is to be destroyed. I will not dwell on this point. If you read newspapers or watch TV you will be quite aware of the relentless portrayal of all sex offenders as monsters -- as less-than-human creatures that deserve only scorn, punishment and death.
The next step in the development of a holocaust is the creation of a means of public identification. With sex-offenders the primary means of achieving this is the registry. But signs, bracelets, and pamphlets are also used.
The combination of demonization and public identification sets the group members up for vigilante action -- which may range from simple harassment to murder.
Then we witness the undermining of a person's ability to secure or hold down a job. Among other things, the listing of the person's place of employment on the registry contributes to this.
After this we have the exclusion of the person from the community. This occurs on two levels. First you have the absolute shunning of the person by virtually all members of the community. Then you have the various measures employed to make it almost impossible for the person to find a place to live.
Further isolation is achieved by the refusal to allow the members of this group to socialize with each other.
The various restrictions on places where people can live force the members of the population at risk into ghettos. This was clearly a part of the experience in Iowa and elsewhere.
Then we see an attack on the ghettos into which the population has been forced. This is happening, for example, in the attack on the few places where many sex offenders have found to live in H.... and elsewhere.
So after this group of people has been vilified and demonized, after they have been set up for vigilante action, after they have been excluded from gainful employment, after they have been thrown out of their apartments or houses, after they have been shunned, after they have been denied the right to socialize even with others who are in similar situations, after they have been denied access to your communities, after they are further persecuted in the few ghetto-like places into which they have been forced, what more will be called for?
For it would seem that no amount of punishment or persecution is enough. Now we hear talk of putting all sex offenders in permanent "treatment centers." "Treatment centers," in this context, is of course just another name for concentration camps. And I hear talk of requiring capital punishment for anyone who "re-offends."
The question I would ask is this: Do you really want to continue down this road to the full enactment of America 's own holocaust? Perhaps you do. After all, you might say, we are doing this in the name of purity and righteousness and for the protection of our children. Fine. However, I would caution you that all wars, genocides and holocausts are justified with the language of righteousness, are deemed necessary in order to preserve the purity of a community, and are conducted to protect our citizens -- and especially our children -- from real or imagined threats.
As one very successful world leader put it:
The State must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.
Those are the words of Adolf Hitler.
How then have we arrived at this state of hysteria and irrationality that is driving us toward the accomplishment of our own American holocaust? Several factors are important:
One of the most important factors that is spiraling us toward an unnecessary holocaust is a media that has chosen consistently to sell newspapers or achieve higher audience ratings by sensationalist rather than fact-based reporting. Self-appointed experts are often quoted with regard to statistics that may have simply been pulled out of thin air. Actual scientific results, or carefully established statistics, on the other hand may be ignored or even denied if they contradict popular prejudices. One of many examples of this irresponsible reporting is the endless repetition of the factoid that there is a high level of recidivism among sex offenders. (A factoid is a statement that may have no basis in fact, but that is generally believed because it is repeated so often.) The fact is this: One of the more extensive studies on this issue is called "Recidivism of Sex Offenders Released from Prison in 1994" It is available from the US Department of Justice. (Langan, P, Schmitt, E., and Durose, M., 2003) According to this study, "Within the first three years following release from prison, 3.3% (141 of 4,296) of released child molesters were rearrested for another sex crime against a child." I mention this as only one of many factoids that are repeated ad nauseam in the media.
Another important factor in our escalation toward a holocaust is the deliberate use of incendiary words and phrases that serve to misrepresent reality. The ordinary meaning of "rape" for example, is the imposition of unwanted sexual acts on a person by violence or the threat of violence. When this word is used to describe any violation of society's sexual rules, it creates a very misleading impression of what is actually happening. In fact, from the average newspaper article, it is very difficult to tell what a sex offender may actually have done.
Closely related to this use of incendiary language is the refusal to distinguish between acts that are actually violent in the ordinary sense of the term and those that are "violent" only in a metaphorical sense. Any act -- consensual or not -- that violates any social norm with regard to sex is labeled "violent." This has the unfortunate effect of making it very difficult to distinguish between the small minority of sex offenders who actually are violent in the literal sense of the term -- and consequently do represent a danger to the community -- and the majority who are not in fact violent. The blurring of this important distinction does not further the aim of protecting children.
Another important factor in this situation is that a large group of people who in fact have very little in common are being treated as a homogeneous group. The most lurid, violent and shocking examples that can possibly be found are regularly presented as typical examples of what people in the group are like. The nineteen-year-old young woman who had oral sex with a sixteen-year-old boy -- such as the one mentioned in the New York Times article, the man who was murdered by the vigilante here in ..... because he had a fifteen-year-old girlfriend when he was nineteen, a man who has involved himself in a mutually desired sexual relationship with a bi-sexual or homosexual teen-age boy, or an exhibitionist who has exposed himself to a child and then run off may all have violated laws. But they have very little in common with the man who literally kidnaps a child and drags her into the woods where he rapes and kills her. Again, the blurring of these distinctions does not further the aim of protecting children.
It is curious how often proposals such as the one before us disregard constitutional concerns. The message would seem to be that the dangers are so great that we must -- at least with regard to this group -- set aside constitutional concerns. The problem is that you cannot ultimately remove the constitutional protections for any one group without bringing them into question for all groups. The Constitution with its Bill of Rights is not something to be evaded nor gotten around. It is the basis for the entire American experiment. The Constitution is something to be cherished, upheld and defended. Surely this is the one thing all Americans can agree about.
In prisons, sex offenders are relegated to a virtual prison within the prison. They are daily subjected to humiliation, discrimination and harassment that are meted out to no other group. Then, when they are released, they find themselves in a community where conditions are deliberately set up so that the daily and systematic humiliation will continue, and so that it will be very difficult or impossible for them to get their most fundamental physical, social and spiritual needs met. When one looks at the total picture, it is hard not to see it as cruel and unusual punishment.
The kind of draconian measure that the town is planning to implement is often justified as protection. This justification is an attempt to circumvent the constitutional issues of adding punishments to those already established by a court of law. I am submitting to you articles from the New York Times and from the Los Angeles Times in support of the idea that passing such ordinances makes the community a less safe place for all concerned. In addition to the arguments put forward in these two newspaper articles, one has to question whether forcing a person into a position of absolute hopelessness will make him more likely to conform to society's expectations. On the contrary, by pushing him into a corner where he has nothing to lose and no way of improving his situation do you not in fact create a person who is much more likely to act out in a dangerous manner? Would not anybody be made more dangerous by such demonization, isolation and general persecution?
Since making the community a more dangerous place for all is the probable consequence of ordinances such as the one you have drafted, we must conclude that the real intent of the proposal is punishment and revenge. When one reads the rhetoric in the media, it is in fact pretty obvious that punishment is the real intent of this kind of law.
Adding the punishments that you are proposing to the extremely severe sentences already imposed by the courts is a serious violation of our nation's constitution and protects no one.
View the article here
The former Jeffersonville policeman accused of molesting two teenage foster girls in his care faces a December trial on 93 related charges.
Stephen D. Westerfield, 54, of Charlestown, was first investigated and subsequently arrested in 2005 when his 16-year-old foster daughter told Child Protective Services that he had forced her and her 16-year-old foster sister to submit to his sexual advances.
The girl who made the initial complaint to Child Protective Services said she first was placed into the Westerfield home about three years before, but he had not tried to get sexual with her until 2005, according to the probable cause affidavit filed in Clark County Circuit Court.
Both teenagers said Westerfield frequently had relations with the second foster sister, who had lived with Westerfield and his wife, Kellie, for about eight years.
That victim said she and Westerfield had “oral sex so many times she could not give a number,” records say. He also had anal intercourse with her and started having vaginal intercourse with her when she was 14, according to the affidavit.
She told Westerfield’s wife what was going on in 2004, and was called a liar, records say. The teen told Kellie Westerfield she loved them all, but that Steve Westerfield needed to leave her alone.
However, Kellie Westerfield allegedly intimidated the girl with nonphysical threats and the situation was never spoken of again, according to the probable cause affidavit. The abuse started when the victim was 8 years old, records say.
Just before the first foster daughter reported him, Westerfield allegedly drank a lot of beer and asked the other foster daughter to perform oral sex on him while they were all in the same room. Westerfield offered the girl $20 if she would comply, and she refused.
A boy in Westerfield’s care confirmed some of the numerous accusations, records say. The girl who did not make the initial complaint to authorities stated she felt more like Westerfield’s wife than a daughter and that she also felt like a mother to Steve and Kellie Westerfield’s adopted 6-year-old daughter.
Westerfield was a Jeffersonville police officer until 1994 and retired after 20 years of service. Until about five weeks before his arrest, he was a registered nurse at Wellstone Regional Hospital.
Westerfield, also a pilot, used to broadcast weather reports for television and radio stations in the Louisville area. It is unknown how many foster children the Westerfields cared for over about a 20-year period.
The charges Westerfield is scheduled for a Dec. 18 trial on are 60 counts of A felony child molesting, 29 B felony sexual misconduct with a minor charges, and four counts of D felony child seduction. If convicted on all charges, Westerfield could be sentenced to 1,382 to 4,482 years in prison.
View the article here
LOS ANGELES - A woman filed a federal lawsuit Friday against Montebello and others, alleging that a uniformed Montebello police officer raped her.
In November 2006, Officer Hugo Flores, pulled the woman over on suspicion that she was driving while intoxicated, the lawsuit said. The woman had failed to come to a complete stop at a stop sign and was intoxicated, according to the lawsuit.
After she was pulled over, Flores instructed the woman to step out of her car and sit on the curb near the vehicle, the lawsuit said.
Flores then informed the woman that it was her "lucky day" and he would not arrest her for driving under the influence of alcohol, but issue her a ticket for driving with a suspended license and would follow her home, the lawsuit said.
The woman then drove home in her car while Flores followed close behind in his patrol car, the lawsuit said.
When the woman arrived home, Flores then got out of his patrol car and followed her inside the house, "where he sexually assaulted, raped and sexually penetrated" her, the lawsuit said. Flores also forcibly performed oral sex on the woman, the lawsuit said.
The woman was "further unable to resist...because she was intoxicated, which condition was so obvious that Flores knew or reasonably should have known about it," according to the lawsuit.
As Flores left her home, he said something to the effect that the woman could "consider her ticket gone," the lawsuit said.
The woman then called 911 to report the alleged rape, whose investigation was handled by the Los Angeles County Sheriff's Department, the lawsuit said. It was unclear if there was an arrest made or charges filed.
The lawsuit seeks unspecified damages and attorneys' fees.
View the article here
GAYLORD -- A former Otsego County sheriff's deputy committed suicide after authorities decided to charge him with sex crimes for alleged incidents with minor girls.
Philip Wayne VanDyke, 43, died at his home last week just before his arrest on one count of accosting children for immoral purposes and three counts of criminal sexual conduct in the fourth degree, involving victims between the ages of 13 and 16.
The charges involved alleged illegal touching and kissing, but not sexual penetration.
Warrant information was sealed Aug. 28 following VanDyke's death, but 46th Circuit Judge Michael Cooper on Wednesday decided to open the records.
VanDyke's attorney, Joe Kwiatkowski, asked Cooper -- unsuccessfully -- to bar media from Wednesday's hearing. Case information should not be revealed, he argued, because the criminal allegations could not be settled because of VanDyke's death.
He also urged Cooper to seal the case to protect the privacy of both the accusers and VanDyke's family.
"His presumption of innocence was intact and will remain that way forever," Kwiatkowski said.
"I certainly understand the loss and the grieving, but I have to balance that with the public's right to know. The court cannot in these circumstances seal the records," Cooper said.
Some VanDyke family members reacted emotionally to the ruling and quickly left the courtroom.
"Obviously, they're not happy because their position is an allegation was made that was totally false," Kwiatkowski said.
He filed a motion for an immediate stay to Cooper's decision, and a hearing is set for today.
The Record-Eagle obtained police reports on the case from Otsego County Prosecutor Kyle Legel following Wednesday's hearing. The documents detail allegations against VanDyke and were obtained through the state Freedom of Information Act.
"I hope everyone remembers that he is presumed innocent. We don't have a 100 percent conviction rate, but we wouldn't have brought the charges without probable cause," Legel said.
VanDyke was accused of making a sexual proposition to a 15-year-old Otsego County girl over the Internet while still in Iraq, according to Michigan State Police reports.
He also was accused of inappropriate sexual contact with the girl and another minor girl during intermittent return trips to the United States since summer 2006.
The alleged incidents occurred between July 2006 and June this year during hunting, fishing and boating trips in northern Michigan, the report says.
The alleged crimes were reported to the Michigan State Police on Aug. 6.
VanDyke resigned in March 2005 from his 15-year career as a deputy in Otsego County to take a job with a private security contractor in Iraq.
View the article here
AUBURN -- A Placer County Sheriff's deputy was arrested Friday on charges of sexual contact with a minor.
Deputy Michael Johnson, 26, was accused of unlawful sexual intercourse with a minor after an investigation developed probable cause.
The Placer County Sheriff's Department received information about possible criminal misconduct by Johnson on Thursday. The nature of the information alleged that the deputy may have had a sexual relationship with a 16-year-old girl from Colfax High School.
The department took the allegation seriously and began an immediate investigation. After probable cause was developed, Johnson was arrested and booked into the Placer County Jail.
Johnson, a two-year employee with the department, was most recently assigned as a patrol deputy out of the Colfax substation.
The case will now be submitted to the Placer County district attorney's office for prosecution.
I don't know all these details, except from what this article shows, but it does seem he was set up here, because he's black and complained to the police department about the treatment he was getting. We'll see when the court date is over and done with
New information indicates that a former Salem Police Sergeant while performing an unauthorized investigation of the case, was having sex with an alleged victim.
SALEM - New information coming to light could strongly affect the way people remember a sex abuse trial against a former African-American police officer in Salem, Oregon. It appears that a Salem officer investigating the case against Sterling Alexander was also sexually involved with one of the alleged victims, according to an investigation launched by Oregon State Police.
Sterling Alexander was charged with sex crimes against three women shortly after leaving Salem, Oregon Police. In each case, he was accused of having forced the women to comply with sex acts. Accompanying charges included strangulation and kidnapping.
When the jury offered their verdict, charges of rape and sex abuse were dropped, but they did find Alexander guilty on a second-degree Sex Abuse charge and Official Misconduct.
Alexander says his problems began when he was an active duty police officer in Salem. He said he believed he was receiving prejudice treatment because he was black.
After resigning, he filed a complaint citing racial slurs from another city employee, and racial discriminatory and disparate treatment by the Salem Police Department and DPSST, the police academy that at the time was located in nearby Monmouth.
Shortly after initiating the civil rights suit against Salem Police with the NAACP, Alexander was charged by Oregon State Police for the first of the three sex crimes. Alexander's supporters say it was a case of retribution toward a black officer over the filing a civil rights case involving the NAACP. Salem Police at the time said race was not a factor.
The water looked stormy for Sterling Alexander as the trial finally approached last summer, after an investigation that lasted almost three years. Marion County Prosecutor Jodie Bureta had what appeared to be, at least initially, a strong case.
But Alexander's Attorney Kevin Lafkey had a trick up his sleeve, a move made prior to the trial that would pay off big, by showing the jury that there was a much larger picture than had so far been presented to them. Lafkey had summoned copies of emails circulated between Salem Police and the agency investigating the case, Oregon State Police.
When a police officer is accused of committing a crime, the case is always handed over to another agency, and Sterling Alexander's case went to OSP and an investigator named Detective Terri Cassebarth.
But the trail of police emails subpoenaed by Lafkey showed clearly that Salem P.D. never stopped investigating the case, and they used a Street Crimes Sergeant named Jeff Barnes to gather information, as he was a "family friend" of one of Alexander's accusers, a woman named Brooke Neal. Barnes left Salem Police shortly before Alexander's trial began last summer.
Salem and Oregon State Police said at the time that they believed they had a good case, but during the trial Alexander's attorney charged that the agencies worked together against his client, and that it was a clear conflict of interest. He said, "Salem Police are not just investigating the case, they are out looking, cultivating, to find people to testify that Sterling Alexander did something."
The state police investigation that began after Alexander's trial, apparently sought to determine whether Salem Police were involved in any wrongdoing. The emails between the two police agencies discussed telling a Salem investigator to "name his price" and revealed that the state investigator writing the email was "desperate for another victim."
Lafkey says it is a situation where police located and then prepared the alleged victims for court. Bureta said that was the farthest thing from the truth. But the new revelation that a Salem investigator was sexually involved with one of Alexander's victims as he investigated the case, does not look good for the state, and Alexander's supporters say the impact from the jury hearing the case without understanding integral facts could have resulted in an unfair trial.
The new revelations go beyond former Salem Police Sgt. Jeff Barnes' involvement with the victim in the case. Oregon State Police investigators have learned that a Woodburn Police officer was also involved with with the same individual, Brooke Neal, in the same time period. An advocate for Alexander noted that the young woman with a small child may have had a propensity to seek out police officers for sexual relationships, even going so far as to make 911 calls about local crimes like underage drinking parties in hopes of meeting them.
How this new information will affect this case remains to be seen, but if nothing else, it lays all the cards on the table. And that's fair.
The sentencing of Sterling Alexander for the two convictions, second-degree Sex Abuse and Official Misconduct, takes place Monday morning in Salem.
Psalms 23 - A psalm of David
1 - The LORD is my shepherd, I shall not be in want.
2 - He makes me lie down in green pastures, he leads me beside quiet waters,
3 - he restores my soul. He guides me in paths of righteousness for his name's sake.
4 - Even though I walk through the valley of the shadow of death, I will fear no evil, for you are with me; your rod and your staff, they comfort me.
5 - You prepare a table before me in the presence of my enemies. You anoint my head with oil; my cup overflows.
6 - Surely goodness and love will follow me all the days of my life, and I will dwell in the house of the LORD forever.
Many will not understand this, but this is what gives me strength every day! You can torture and kill my body, but my soul belongs to Jesus Christ, forever! Call me what ever you like, sex offender, child molester, pedophile, pervert, scum, demon, inhuman, whatever makes you feel better about yourself. I know who I have to answer to! Do you? I've paid for my past, and continue to do so, so you will feel better about yourself, your child, and your "security". I've owned up to what I did, no excuses, yet people keep saying I haven't and should die, or rot in hell. If I knew, it would make you see my point of these draconian laws, and change this world of hate and evil, yes, I would die for you and my sins. Would you? I mean this from the bottom of my heart, which I'm sure you will not believe, that is your right. Peace & God Bless All Sinners!
Looks to me like God is ticked!