Friday, February 15, 2008

ND - Minot Standoff Information Released

View the article here | Video

02/15/2008

Minot police did not know at the time of the standoff on February 12 that Arthur John Naumann, the man they were serving with a warrant, had once served on the New Town Police Department, or that he had been the Chief of Police.

"That came in after everything was done and we had talked to negotiators, after they had talked to family and gained that information," says Jeff Balentine, Minot Police Chief. "From what we understand, he had served there a number of years and moved on to Texas and had been down there at a job and then came up here."

Naumann started to work with the New Town police in January 1995, until he resigned his position as Police Chief in 1997. Sometime after that, Naumann moved to Grapvine, Texas, he was working and living until recently.

Naumann was wanted in Texas on aggravated sexual assault of three minor boys, all under the age of 14 from August 2007 until December 2007.

Minot Police say that even if they knew he was former law enforcement officer, it would not have altered their plan of attack during the five-hour standoff.

"It would be good information for us, for the tactical team, then we would know that he`s probably fairly good with guns, but it will not alter our approach on things," Balentine says.

Grapevine detectives began investigating Naumann after the children came forward in December.

According to court records, Naumann had no criminal history in Tarrant Co., Texas, and wasn`t listed in the state`s sex offender registry.


PA - FBI Justified In Shooting Child Porn Suspect

View the article here

So much for "non lethal" weapons.

02/15/2008

LEVITTOWN -- The top Bucks County prosecutor said FBI agents were justified when they fatally shot a child pornography suspect during a standoff at his home.

District Attorney Michelle Henry said Darius Hill was holding a loaded handgun and had lowered it toward the agents during the Jan. 28 raid.

The agents eventually shot the 39-year-old Hilltown Township man in the heart.

Investigators found that Hill then shot himself in the mouth. Henry said the agents thought he was returning fire, so they fired six more shots at him.

The agents had been at the home looking for child pornography but Hill had refused to surrender and held the gun to his chin and mouth for about 10 minutes.


Unintended Consequences - By Rob Norton (2002)

View the article here

Something we've heard many, many times with the sex offender laws and politicians.... They are KNOWN consequences...

The law of unintended consequences, often cited but rarely defined, is that actions of people—and especially of government—always have effects that are unanticipated or "unintended." Economists and other social scientists have heeded its power for centuries; for just as long, politicians and popular opinion have largely ignored it.

The concept of unintended consequences is one of the building blocks of economics. Adam Smith's "invisible hand," the most famous metaphor in social science, is an example of a positive unintended consequence. Smith maintained that each individual, seeking only his own gain, "is led by an invisible hand to promote an end which was no part of his intention," that end being the public interest. "It is not from the benevolence of the butcher, or the baker, that we expect our dinner," Smith wrote, "but from regard to their own self interest."

Most often, however, the law of unintended consequences illuminates the perverse unanticipated effects of legislation and regulation. In 1692 John Locke, the English philosopher and a forerunner of modern economists, urged the defeat of a parliamentary bill designed to cut the maximum permissible rate of interest from 6 percent to 4 percent. Locke argued that instead of benefiting borrowers, as intended, it would hurt them. People would find ways to circumvent the law, with the costs of circumvention borne by borrowers. To the extent the law was obeyed, Locke concluded, the chief results would be less available credit and a redistribution of income away from "widows, orphans and all those who have their estates in money."

The first and most complete analysis of the concept of unintended consequences was done in 1936 by the American sociologist Robert K. Merton. In an influential article titled "The Unanticipated Consequences of Purposive Social Action," Merton identified five sources of unanticipated consequences. The first two—and the most pervasive—were ignorance and error.

Merton labeled the third source the "imperious immediacy of interest." By that he was referring to instances in which an individual wants the intended consequence of an action so much that he purposefully chooses to ignore any unintended effects. (That type of willful ignorance is very different from true ignorance.) A nation, for example, might ban abortion on moral grounds even though children born as a result of the policy may be unwanted and likely to be more dependent on the state. The unwanted children are an unintended consequence of banning abortions, but not an unforeseen one.

"Basic values" was Merton's fourth example. The Protestant ethic of hard work and asceticism, he wrote, "paradoxically leads to its own decline through the accumulation of wealth and possessions." His final case was the "self-defeating prediction." Here he was referring to the instances when the public prediction of a social development proves false precisely because the prediction changes the course of history. For example, the warnings earlier in this century that population growth would lead to mass starvation helped spur scientific breakthroughs in agricultural productivity that have since made it unlikely that the gloomy prophecy will come true. Merton later developed the flip side of this idea, coining the phrase "the self-fulfilling prophecy." In a footnote to the 1936 article, he vowed to write a book devoted to the history and analysis of unanticipated consequences. By 1991, Merton, age eighty, had produced six hundred pages of manuscript but still not completed the work.

The law of unintended consequences provides the basis for many criticisms of government programs. As the critics see it, unintended consequences can add so much to the costs of some programs that they make the programs unwise even if they achieve their stated goals. For instance, the United States has imposed quotas on imports of steel in order to protect steel companies and steelworkers from lower-priced competition. The quotas do help steel companies. But they also make less of the cheap steel available to U.S. automakers. As a result the automakers have to pay more for steel than their foreign competitors do. So policy that protects one industry from foreign competition makes it harder for another industry to compete with imports.

Similarly, Social Security has helped alleviate poverty among senior citizens. Many economists argue, however, that it has carried a cost that goes beyond the payroll taxes levied on workers and employers. Martin Feldstein and others maintain that today's workers save less for their old age because they know they will receive Social Security checks when they retire. If Feldstein and the others are correct, it means that less savings are available, less investment takes place, and the economy—and wages—grow more slowly than they would without Social Security.

The law of unintended consequences is at work always and everywhere. In 1968, for instance, Vermont outlawed roadside billboards and large signs in order to protect the state's pastoral vistas. One unintended consequence was the appearance of large, bizarre "sculptures" adjacent to businesses. An auto dealer commissioned a twelve-foot, sixteen-ton gorilla, clutching a real Volkswagen Beetle. A carpet store is marked by a nineteen-foot genie holding aloft a rolled carpet as he emerges from a smoking teapot. Other sculptures include a horse, a rooster, and a squirrel in red suspenders.

In the wake of the Exxon Valdez oil spill in 1989, many coastal states enacted laws placing unlimited liability on tanker operators. As a result the Royal Dutch/Shell group, one of the world's biggest oil companies, began hiring independent ships to deliver oil to the United States instead of using its own forty-six-tanker fleet. Oil specialists fretted that other reputable shippers would flee as well, rather than face such unquantifiable risk, leaving the field to fly-by-night tanker operators with leaky ships and iffy insurance. Thus, the probability of spills will increase and the likelihood of collecting damages will decrease as a consequence of the new laws.

About the Author

Rob Norton is a columnist for eCompany Now magazine and was previously the economics editor of Fortune magazine.

Further Reading

Hayek, Friedrich A. New Studies in Philosophy, Politics, Economics and the History of Ideas. 1978.

Merton, Robert K. Sociological Ambivalence and Other Essays. 1979.


IA - Change to sex offender safe zones proposed

View the article here

At least this man is thinking, unlike all the rest. Having something similar to a "No Trespassing" sign is better than not being able to go XXXX feet from a place, with this, you can still find a decent place to live, but, it's still not going to protect children and is a false sense of security.

02/15/2008

DES MOINES --- A Mason City lawmaker is pushing for an alternative to a state law that prohibits registered sex offenders who have committed crimes against minors from living within 2,000 feet of a school or day care.

Republican Rep. Bill Schickel (Email) wants lawmakers to adopt the "safe zones" that have been enacted in Mason City.

The idea would prevent sex offenders from being in areas where children are likely to gather, such as parks and bus stops.

"It's really been working well in Mason City. We need to do it statewide," said Schickel, who is drafting safe zone legislation.

Prosecutors have complained that Iowa's 2,000-foot law has made it more difficult to track sex offenders.

"It's making our public safety worse, not better," Schickel said.

INTERNET BULLYING --- A group of Iowa lawmakers is studying the idea of making Internet bullying a crime after the recent suicide of a Missouri girl who had been tormented online.

The bill would make it a Class D felony, with a possible 5-year prison term, to harass someone over the Internet.
- I hope they pass this, and all other states do as well, then many people who are being victims of harassment online, like myself, can get some people in prison where they belong...

Rep. Elesha Gayman (Email), D-Davenport, expressed concerns that a person posing as someone else could bully someone over the Internet.

"We have to address the issue of fraud," Gayman said.

Rep. Tom Sands (Email), R-Columbus Junction, voiced doubts about the proposed legislation.

"It's a very tragic case and a very tragic story. I'm not sure this bill would stop that," Sands said.
- No, it won't stop it, but it would make it easier to file charges against someone who does harass people online. Just like the sex offender laws, they won't work either.

LEGISLATOR RETIRING --- Sen. Larry McKibben, R-Marshalltown, announced Thursday he will not seek re-election in November.

His decision brings to five the list of Republican senators who are retiring.

"I would like to thank the citizens of my district for the honor of serving them," McKibben said in a statement.

He said he wanted to have more time for his family and his law practice.

McKibben, who entered the Senate in 1997, is an assistant minority leader and the top Republican on the Senate Ways and Means Committee.

He was a leading backer of an unsuccessful push to reinstate the death penalty in 2005.

The other four retiring Republican senators are Jeff Angelo of Creston, Thurman Gaskill of Corwith, Mary Lundby of Marion and John Putney of Gladbrook.

Democrats hold a 30-20 majority in the Senate, an edge they expect to wide


TN - Former deputy charged with soliciting girl

View the article here

"To Protect And Serve!" Yeah right, they should change their motto to "To Rape, Molest and Abuse!" that is more like it.. You see, it's the unknown people on the internet who are preying on children, not the average sex offender like the world thinks. Case after case after case proves this. Very few that I know of are known sex offenders..

02/15/2008

Felony charges of soliciting a minor for sex were lodged against a former sheriff’s deputy who worked six weeks before being terminated, a sheriff’s detective said.

Defendant Jarid Logan Ray, 24, was charged Thursday with three counts of solicitation of a minor and one count of solicitation of a minor to observe sexual contact, said arresting Detective Mickey McCullough.

He solicited a (14-year-old) girl while online to engage in sexual activity as well as sent a photograph of his genitalia over the Internet,” McCullough said.

McCullough accused Ray of corresponding online in January and February.

Ray was hired as a sheriff’s deputy Jan. 30, 2006 but terminated March 14, 2006 because he was unable to conform to the requirements of the sheriff’s office training program, McCullough said.

Detectives took Ray into custody at his job at Smyrna Ready Mix. He didn’t make a statement. He was booked into Rutherford County Adult Detention Center where he is being held on $80,000 bond. A hearing is set March 19 in General Sessions Court.


SC - Police Say Ex-Officer Kissed, Fondled 14-Year-Old Girl

View the article here

02/15/2008

A former Northwest Middle School baseball coach and former Greenville police officer has been accused of kissing and fondling a 14-year-old student last week in the school parking lot and outside the girl's home.

Columbus Dean "Ken" Kennett IV, 38, 6 Fiddlers Court in Greenville, was charged with two counts of lewd act upon a minor under age 16, according to warrants, which allege the incidents occurred Feb. 7.

Kennett turned himself in to authorities Thursday afternoon and was soon set free on $20,000 bond after an arraignment hearing. He isn't allowed to be around children who aren't family members, and he can't go to Northwest Middle.
- So what about other schools?

Kennett had worked at the school since September 2006 as a boys' baseball coach and an aide checking student tests and other paperwork for a school math program, Greenville County school district spokesman Oby Lyles said. He resigned from his position Feb. 8, the day after the girl's parents raised concerns, Lyles said.

School officials were inquiring about the allegations after the girl's parents complained to the school principal, and Kennett resigned before they had a chance to talk with him, Lyles said.

Kennett, a former Greenville police officer from 1993 until 2002, sat in handcuffs and remained mostly silent during his bond hearing as the charges were read against him.

Warrants charge that Kennett kissed and fondled the girl while sitting in his SUV, both in the school's parking lot and in the driveway of the girl's home.

An incident report alleges the parents pulled up to their driveway at about 5 p.m. and saw their daughter getting out of a white SUV.

The vehicle pulled out driving past them, "leaving the property in a hurry," the report states. The girl's mother asked whom the girl had been riding with, and the girl said it was "Coach Kennett," the report states.


NY - New Rochelle sergeant accused of rape

View the article here

02/15/2008

NEW ROCHELLE - A city police sergeant has been suspended while his department investigates a 17-year-old girl's claim that he raped her after responding to a domestic dispute between her and her boyfriend, police said yesterday.

The officer has denied the allegations, and no charges have been filed in the case. But Police Commissioner Patrick Carroll said keeping him on active duty would only be a "distraction" as the investigation continues.

Carroll would not name the officer at a press conference yesterday but law enforcement sources have identified him as David Rodriguez. He was promoted to sergeant last July.

The sergeant lives in northern Westchester and is married to Darlene Rodriguez, co-anchor of "Today in New York" on WNBC-TV. She was not on the air yesterday morning or this morning and her stand-in told viewers yesterday that she was "under the weather."

At the family's home, she would not open the door yesterday or answer a reporter's questions. The sergeant could not be reached for comment.
Advertisement

Carroll said the sergeant, on the force for nine years, has a "sterling record" in the department.

David Rodriguez was not on duty the morning of Feb. 8 when officers initially went to the girl's Cliff Street home on a report that she had a fight with her 35-year-old live-in boyfriend.

The boyfriend was arrested on a charge of third-degree assault. He was released on $350 bail.

That evening, the boyfriend reportedly returned to the apartment and threatened her again. Police were called and the sergeant, now on duty, responded with three other officers. The boyfriend was arrested again, this time on a criminal-contempt charge because of an order of protection issued that morning.

The sergeant was a supervisor on the 4 p.m.-to-midnight shift. The girl says he returned to her apartment once off-duty early the next morning and raped her.

She first made the claim Monday when she went to the Westchester District Attorney's Office and tried to get the domestic violence bureau to drop the charges against the boyfriend, Carroll said.

The time lapse meant that no physical evidence was recovered from the girl. The police have searched the sergeant's home, car and locker.

The commissioner discussed the investigation at a news conference at police headquarters, where he was joined by Deputy Commissioner Anthony Murphy, Capt. Joseph Schaller, who is overseeing the investigation, and City Manager Charles Strome III.

Carroll said he had never suspended an officer with pay so early in an investigation.

Carroll said investigators were trying to assess the girl's credibility, and he would not speculate about whether an arrest would be made. "We're going to take our time to cover all bases," he said.

The boyfriend is being held on $5,000 bail. He appeared yesterday in New Rochelle City Court, where the felony contempt charge was reduced to a misdemeanor.

His lawyer, David Ryfas, unsuccessfully sought to have the bail reduced to the original $350. Assistant District Attorney Michael Borrelli said the higher bail was appropriate because the man had gone back to the home after he was ordered to stay away.

The prosecutor said the boyfriend even had the order of protection in his pocket when police took him into custody.

Ryfas said his client and the girl have a child together. He declined to comment on the girl's allegations against the sergeant and would not say whether his client was aware of her claims.


TX - Judge tells registered sex offender to stay out of city

View the article here

02/15/2008

A man who has served his time on a prior conviction for rape pleaded guilty to violating sex offender residence requirements Tuesday in a Miller County court.

Raymond Dale Dunbar, 52, is required to register as a sex offender because he was found guilty of raping two women more than 20 years ago in Nashville, Ark.

The women were 58 and 75.

Registered sex offenders are prohibited from residing within a certain distance of schools, parks and other areas where children are known to congregate. Dunbar was living too close to the Sandflat Center Park and the W.T. Daniels School in Arkansas.

Despite communication with Texarkana, Ark., Police Department Detective Sam McJunkins about the proximity of his residence to the park and school, Dunbar failed to find a suitable place to live.

Instead of moving to a residence more than 2,000 feet from a school, day care, youth center or public park, Dunbar moved to an address two blocks away from Fairview Elementary School.

After attempts to contact Dunbar by McJunkins failed, he sought approval for a warrant from the Miller County prosecutor’s office.

Dunbar was arrested Nov. 5, 2007.

“He just can’t get it through his head that he can’t live in this area,” said Deputy Prosecutor Chuck Black.

Black recommended Dunbar be ordered to reside no closer to Texarkana than 100 miles.

Hudson accepted Black’s recommendation and gave Dunbar a two-year suspended sentence.

If Dunbar is found living in the Texarkana area during the next two years, Hudson will have the option of sentencing him to serve time in prison for violating his order.


ME - Man dies in Augusta police station

View the article here

02/15/2008

AUGUSTA -- A convicted sex offender recently released from jail died early Sunday in the public bathroom at the Augusta Police Department.

The official cause of death is not yet known, and the state's medical examiner is looking into the death as a possible suicide.

Dean Sawyer, 51, who showed addresses in Augusta and Casco, was released from jail last week after serving a sentence for failing to register with sex offender registries in Augusta and Chelsea.

After spending one night at Togus Gate Lodge on Eastern Avenue, Sawyer was without a place to sleep Saturday, according to Augusta police.

Sawyer was allowed to spend the night in the lobby of the police station to stay warm, police Sgt. Chris Massey said. He was not in custody.

Early Sunday morning, the dispatcher on duty noticed Sawyer had been absent from the lobby for several hours, Massey said. His belongings remained in the lobby.

The dispatcher notified the supervising officer, who found Sawyer dead in the bathroom.


IL - Convicted adolescents beyond redemption?

View the article here

02/13/2008

An Illinois youth justice advocacy group called for the abolition of life-without-parole sentencing for youths 17 and under on Wednesday.

The Illinois Coalition for the Fair Sentencing of Children interviewed 103 state prisoners who got that maximum sentence even though they were 14 to 17-year-olds.

The oldest prisoner who talked about his life-without-parole sentence as a youth, is now 47. The study concluded that adolescents should have the chance to come before a parole board within the first 15 to 20 years of their life sentence.

The group said it is inhumane to lock-up minors for life without the chance of parole. They said adolescents are less culpable than adults and are capable of being rehabilitated.

The coalition pointed out that the U.S. Supreme Court 2005 recognized that children are “categorically less culpable” for their crimes because their brain development is still evolving. Some psychiatrists said that young adults are not necessarily less culpable, but their developmental stage needs to be considered.

“The brains of children and adolescents are still developing and this affects how they make decisions and how they evaluate different situations,” said Dr. Susan Rosenthal, director of the division of adolescent and behavioral health at the University of Texas Medical Branch.

Two experts in the field contacted by the Medill News Service held different points of view.

Dr. Rosenthal said this is why it is important to consider a minor’s developmental stage when handing out sentences. “You need to evaluate the situation in which the adolescent made that decision,” Dr. Rosenthal said. “[He or she] may not continue to make that decision as an adult. So you need to evaluate the situation from [his or her] developmental perspective.”

Rudolph Nimocks, the chief of the University of Chicago police department, disagrees. He said most adolescents facing life without parole sentences commit serious and frequent heinous crimes. And that often it is too late to be rehabilitated.

“[The violence] is usually a multiple thing,” Nimocks said. “It wasn’t done spontaneously. It was cold-blooded and deliberate. So it’s hard for them to be rehabilitated. If they’re so far off the mark, they have deep psychological problems and would really need to be evaluated to see if they’d be able to safely re-enter society.”

Nimocks has been a police officer in Chicago for 53 years. He said he is discouraged by the increasing youth violence, but does not think a second chance can always be given to a violent offender.

“It’s a tough problem,” Nimocks said. “It’s a terrible thing if you let someone out and they turn around and do the same thing. I don’t say [rehabilitation] is impossible, but it would require a lot of work.”

The Illinois coalition wants the study to create just this sort of dialogue with state policymakers. The group said life without the possibility of parole for teens violates human rights and should be abolished. Dr. Rosenthal said the sentencing is unfair.

Illinois established life-without-parole sentencing in 1978. The United States is the only country to have this severe sentencing for minors, according to the coalition's report.


NY - ESTOP Bill Conference


CA - Lawyer Pleads Guilty in Child Porn Case

View the article here

02/14/2008

A 60-year-old licensed attorney from La Mesa pleaded guilty Thursday to possession of child pornography.

The case against John Edward Grasberger was brought as part of Project Safe Childhood, a nationwide Department of Justice initiative designed to protect children from online exploitation and abuse.

The defendant admitted having 10 to 150 images of minors engaging in sexually explicit conduct stored on his computer last June, said Assistant U.S. Attorney Alessandra Serano.

He resigned from the State Bar of California during today's hearing before Magistrate Anthony Battaglia, the prosecutor said.

Grasberger is scheduled to be sentenced May 27 by U.S. District Judge Roger Benitez.


IL - Fire at Beardstown cop's house is arson

View the article here

More proof the public cannot handle the registry and the media and ignorant politicians are responsible for hyping the fear factor up to cause this...

02/14/2008

A fire last week that gutted the home of Beardstown Police Officer Shane Lisenbee was the work of an arsonist.

"We do believe it to be arson, although the investigation still continues," January Smith, a spokeswoman for the Office of the State Fire Marshal, said Thursday morning.

The Beardstown Police Department opened an arson investigation when it received the results.

Samples taken from the fire's rubble were sent to a state crime lab for analysis. "We have yet to receive those results back," Ms. Smith said.

Arson was determined to be the fire's cause after electrical engineers examined the house Wednesday and ruled out that the cause of the blaze was electrical in nature.

"Where the fire started, there was nothing there that could have sparked a fire," Ms. Smith said. "There were no appliances, TV or anything like that." She declined to say more, noting the investigation is ongoing.

Officer Lisenbee and his wife, Stephanie, are facing trial in May in Cass County Circuit Court for alleged sexual misconduct with two young children known to them.

Firefighters were called to the couple’s home at 1203 Wall St., Beardstown, about 12:30 a.m. on Feb. 6 after a city police officer spotted flames coming out of a window while on patrol. The home and contents are a total loss, and the building was unoccupied at the time of the blaze.

Mr. and Mrs. Lisenbee remain jailed in lieu of posting 10 percent cash on their respective bonds of $500,000 and $300,000.