Thursday, July 24, 2008

PA - Trooper busted in cyber-sex sting; sought tryst with girls 8 and 10

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MEDIA - A state trooper tried to solicit sex with 8- and 10-year-old girls and planned to bring candy and toys to their meeting, authorities working an Internet child-sex probe charged Thursday.

Cpl. Albert Silveri III, 39, of Aston, initiated conversations online with an undercover officer posing as the girls' mother, officials said.

Silveri was arrested at his suburban Philadelphia home late Wednesday after police traced the America Online account to him. The sexually explicit communications took place over several months on a state-issued laptop found in his vehicle, they charged.

Silveri admitted that he owned and used the AOL screen name, District Attorney G. Michael Green said.

He was being held on $250,000 bail at the Delaware County Prison on charges that include solicitation of child rape. It was not clear if he had a lawyer, and a phone message left at his home was not immediately returned.

The trooper discussed having sex with both the fictitious mother and her girls, and planned a meeting but failed to show, according to a police affidavit.

Silveri, an eight-year veteran of the force, worked in a collision reconstruction unit in Philadelphia. He has been suspended without pay, state police spokeswoman Linette Quinn said.

A preliminary hearing is set for July 30.

CA - Lawyer arrested in Internet sex sting

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An attorney was arrested Tuesday by the FBI on charges of attempted lewd acts on a child and other counts for allegedly exchanging Internet messages with someone he believed was a 13-year-old girl, the District Attorney's Office said.

David A. Cohn, 50, was taken into custody without incident at his Woodland Hills home, booked into Van Nuys jail and released after posting $190,000 bail, according to the District Attorney's Office.

It was not immediately clear when Cohn -- who is with a West Hollywood- area law firm -- would be arraigned.

Cohn was charged last week with one felony count each of attempted lewd act upon a child, attempting to send harmful matter with the intent of seduction of a minor, attempting to contact a minor with intent to commit a sexual offense and possessing materials depicting the sexual exploitation of a child.

He also is accused of one misdemeanor count of contacting a minor with intent to commit a sexual offense.

The criminal complaint alleges that the bulk of the offenses occurred between July 17, 2007, and July 31, 2007, when Cohn was allegedly exchanging messages on the Internet.

Authorities said the person with whom he was exchanging e-mails was actually an FBI agent who is part of the Sexual Assault Felony Enforcement (SAFE) Team, though Cohn allegedly believed the person with whom he was chatting was 13.

- And yet more proof that vigilante groups like Perverted-Justice are NOT needed.  The police should be doing this job, not some self-proclaimed vigilante group.

The team includes members from the FBI, District Attorney's Office, Los Angeles police and sheriff's departments, California Highway Patrol, California Department of Justice, U.S. Postal Inspection Service, Department of Child and Family Services, Orange County Sheriff's Department, Immigration and Customs Enforcement and the U.S. Attorney's Office.

The Hated!

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IN - AG Won't Appeal Ruling in Sex Offender Law

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Attorney General Steve Carter (Email) said Thursday he would not appeal a federal court ruling overturning part of a new state law that would have allowed the computers of sex offenders to be searched long after their sentences had been served.

U.S. District Judge David Hamilton struck down the provision June 24, finding that it was unconstitutionally broad and violated the privacy rights of sex offenders who still must register with the state but have finished serving parole or probation.

"As we strive to create a safer online environment for our kids, we must identify more targeted investigative approaches and the attorney general's office will work with legislators to do so in the session that convenes in November," Carter said in a written statement. "We are all dedicated to protecting children from predators, but we must do so within the constitution."

Carter also said an appeal could have cost taxpayers as much as $100,000 without resolving the issue by the next legislative session.

"The better course is for the Attorney General’s Office to consult with legislators over the next few months to develop safeguards against predators that pass constitutional muster," he said.

The Associated Press was unable to contact the bill's sponsor, state Sen. John Waterman (Contact), R-Shelburn, for comment Thursday. A voice mail box at a number listed under his name was unable to accept messages and his number at the Statehouse rang unanswered after hours Thursday.

The bill originally had nothing to do with sex offenders. But late in the session, a conference committee inserted several provisions - including the ones dealing with computers - that Waterman said he supported.

The law would requires sex offenders enrolling in the state's public registry to submit e-mail addresses and user names for instant messaging, chat rooms and social networking sites.

Those who provide that information would have had to sign a consent form allowing searches of their computers or other Internet-enabled devices at any time. They would also have been required to install software that monitors their Internet activity at their expense.

Failure to consent to those measures would have been a felony.

The court struck down the search provision on privacy grounds, but left intact the requirement that registered sex offenders provide e-mail addresses and other information, Carter said. Another intact provision bans registered offenders from using the same social networking sites used by children.

- So if the searches are illegal, why isn't having to give out email and other identifiers?  You know the police will use this to illegally search their emails and conversations, and doing so, without a warrant, is and should be illegal, period.

The American Civil Liberties Union of Indiana (Contact) challenged the law on behalf of two registered sex offenders who said they had concerns about the privacy of financial and business information on their computers.

"The unprecedented new law, however well-intentioned, violates the Fourth Amendment rights of the plaintiff class, who have completed their sentences and are no longer on probation, parole or any other kind of court supervision," Hamilton wrote in a 51-page ruling.

CA - Wasco inmate was strangled to death, coroner says

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The 33-year-old inmate who was found not breathing Wednesday in his cell at Wasco State Prison, and later died at the hospital, was strangled to death, the Kern County Coroner's office reported.

Ruben Landeros, 33, died at 11:22 p.m. Wednesday. It is being ruled a homicide by the coroner's office.

The suspect in the case is Harold P. Cox, 37, who was brought to the prison from Orange County on April 18, Wasco prison staff said. He’s serving a 10-year, four-month sentence with gang and prior prison enhancements for intimidating a witness.

- Now I hope he remains in prison until he dies!

Landeros, a registered sex offender, pleaded no contest to sexual battery in 2001. He was sentenced to five years at Wasco prison.

He also pleaded no contest in 2004 for possession of drugs or alcohol while in jail. More recently, a case was opened in last month with the Kern County District Attorney's office after he allegedly failed to register as a sex offender when moving. An investigation was ongoing.

FL - Mario Diaz-Balart Fights Waste, Fraud and Abuse in Budget

Around 2:46 in the video, he talks about drug and sex offenders, which he calls "child molesters!" Again, idiot, not all sex offenders are child molesters like you seem to believe. But we all know, you are just saying that for votes and brownie points. He mentions these people are "illegally" receiving food stamps. Well, people have rights idiot! And speaking of fraud and corruption, maybe he should look here, and check out all the corruption in Florida!

Mario Diaz-Balart | Contact | Food Stamp Info

A statement of principles.

Thanks to the original author, they know who they are!

Friday, July 4, 2008

Ladies and gentlemen of the Nation:

I come before you as a man, a man who has gained conscience, and consciousness, of a problem that, by its magnitude, may be utterly destructive of both the ends, and means of our country. Were I to hold back my opinion at this time, for fear of the consequences, I would have to live with myself, and the knowledge of my failure, for the rest of my life.

So I speak, as I must, with a heavy heart. We are a nation of people, a nation of greatness, brought to life in a burst of idealism and with all of the best intentions. Our rights were, and are preserved and enshrined within the Constitution, as well as within the Bill of rights. As a representative democracy, and as a republic, it is one of the greatest experiments of all time in society.

But, as with all things, experiments often go awry, and, with observation of both the intent of the constitution, and the separation of the current usage from that intent, I must advance the possibility that our nation has fallen into error.

This is not an error of comission, but an error of omission. It is an error rooted in all the best intentions, the intention of protecting the people. But at what point do men, and women, bear responsibility for their own actions, and at what point does the government overstep its bounds, when seeking to protect?

Our government appears to grow more and more distant from the people. Political maneuvering is rife, and deals are struck to simply pass necessary laws, so other laws can be implemented that are not always so necessary. Our congress and senate appear to abrogate their duty to the constitution, in the pursuit of other goals.

Our nation is built upon the Constitution. It is the ultimate law, and by extension with the Fourteenth Amendment, it is a law which also governs the states dealings with the people themselves. We grant the government the powers it needs, as well as those we feel it should have within the framework of the Constitution.

But we forget, often, that those rights come from us. And we raise them up on the altar of necessity to sacrifice them, often not realizing what is lost. Our forefathers felt those rights were inalienable, that no man could be deprived of them, save by the due process of law, and individual trial.

We stand on the threshold of a precipice. Unless our course is averted, there is no choice but to fall therein. We, the people of the United States, have a duty, and a right to vote, and a right to have those votes counted accurately. This right may have given way to the electronic count, in order to promote efficiency, but it also makes the tracking and chain of custody of the vote nigh impossible.

We pass laws demanding more protection, and give up specific rights in order to gain that protection, but at the same point, the Supreme Court has decided that we have no individual right to protection. At the same time, Congress and the courts seem to deny our individual rights to protect ourselves, via lawsuits and the attempts at disarming the public.

At this point who is protected? Nobody, save the government, via grant of further powers from the people, and the criminals.

In this world, we seek for hope, we seek for something greater than ourselves, and in the Bill of Rights, the guarantees are given for powers the government shall not seize, and by law cannot seize.

But we, in our ignorance, refuse to look upon the laws themselves, and to determine if those rights are seized, and thus, lose them. Only one law allows for attainder.. and that is treason itself. Aiding and abetting the enemies of the United States of America.

But yet, we pass laws that effect attainder, denying criminals their rights,denying them both rehabilitation and ultimate reintegration. We pass harsher and harsher punishments until we have a system of punishment that contains the largest population of prisoners anywhere in the world, and the largest per capita prisoner population.

Is this wisdom? Is it just, or good, to create minimum mandatory sentences that force the hands of judges and prosecutors, and pervert and distort the rule of law? If the jury cannot decide upon the punishments appropriate, is this not removing the role of the jury, and of due process?

And to deny the criminal the right to rehabilitation, the right to redemption, is this not simply perpetuating the criminal act? When it is us versus them, is it not going to remain so, until we realize that in truth it is us... versus us?

Have we truly lost the realization that it is our duty to protect our families, our states, and our government ourselves? What has happened to us? Have we gotten so complacent that we feel that it is better for someone else to make the decision? Have we gotten so lazy that we forget that we are the arbiters of our future?

And have we already handed over enough of that power to the government, to make it unsustainable for us to make an effort to regain it?

Think upon it. Think deeply upon what you believe, what you trust, what you know. Look at the histories involved, look at the reasons for the institution of government, and look into your hearts and consciences, and the reasons behind this.

Look at our falling standards of education, the failures of companies, look at the way that our economy goes downhill... and then look at yourselves. Can you allow it to continue?

The purpose of the Congress is to legislate, making laws that are necessary and proper, and in line with the Constitution itself. The purpose of the President is to execute those laws, insofar as they are within the framework of that same constitution. The purpose of the Judiciary, the Supreme Court, is to simply determine if those actions are within the framework of the constitution, as it was implemented.

No contract, no constitution, can be unilaterally reinterpreted once implemented. It can only be looked upon by the light of intent of the law, and if a standard exists, wherein the intent of the law and the letter of the law fall to changing standards... then it is no constitution.

It is, at that point, at best a ruse, a tool for the illusion of choice and the illusion of hope.

While the identifiers are important, can we remain stalwart in our ignorance? Can we not accept that both sides can be in error, and both sides can be correct? If the Democrats and Republicans have fallen away from both the purpose, and the meaning of the Constitution, is it not our duty to correct them in their thinking, and to bring them back into the fold of the society from which they derive their power?

At what point does the imposition of the government into the lives of the people cease to be reasonable?

I would state, that when it starts attaining the power to seize rights in the name of security, when it has the ability to detain without due process, and without recourse, and when there is no judicial process, it has exceeded its limits. When it believes its own people to be the enemy, and to require defense against those who grant its powers, it has become far more.

It is time to look to our government, and demand back what is ours. For this purpose, I believe a new party must be instituted.. the party of the Constitutional Republic. The power should be placed back into the hands of the people, and moreover, guaranteed in such a way that never again can any government trample its own people in the pursuit of power.

Thus, a statement of beliefs.

We believe that the government is instituted by the people, for the people, and of the people, and that the people are the ultimate guarantors of their own safety, property, freedoms, and ability.

We believe the states retain the right to legislate where the federal government cannot, and it is the duty of the states, wherein the people have a direct vote, to legislate necessary and proper laws, regulations, and institutions, to safeguard and protect the rights of the people from all enemies, foreign and domestic.

We believe that those people, those human beings, have the right, the duty, and the power and wisdom to guide their own destinies, and that the more direct control at the state level of their state legislature is more strongly guaranteed to safeguard their interests, than that of a disinterested Federal government.

We believe that this right is ultimately the right, not only to self-rule, but self-realization. We believe that the rights of the people cannot be taken away, only given away, and that the government itself is the servant of the people.

We believe in freeing people from the past, redeeming them, and uplifting them, so long as they are willing to assist in the same for themselves.

We believe that an armed populace are necessary to the security of the borders, of their homes, and towns, and that training for the use of those arms is necessary for both responsibility in their use, and for effective use and prosecution for crime.

We believe that judges and juries should be returned to their position as the arbiters of justice, and mercy, and that all cases should be judged on their individual merits, and that there should be no minimum sentence, nor should there be attainder following the full execution of the sentence, and in proportion to this, the records of the criminal should not be open to the public after the execution of said sentence, and that their full rights should be restored.

While we believe in mercy, we also believe in justice. If continuing criminality occurs, then the judges and juries have the obligation to separate them from our societies from punishment, in a fair trial. We also believe that the defense offered should be the best possible for the case, even when the attourneys provided are from the jurisdiction, in order that justice might be served in full, but again, the separation and imprisonment is the punishment, and that the persons should be given every opportunity for rehabilitation and redemption. If they fail in this, it is on their own heads... but the opportunity was granted.

We believe that mercy, justice, deterrence, and redemption must be balanced.

We believe in freeing people from the past, redeeming them, and uplifting them, so long as they are willing to assist in the same for themselves.

We believe that human rights cannot be denied for any reason, and that civil rights can only be removed for a time commensurate with the sentence.

We believe in the right to self-defense, self-protection, and self-determination... Including such from their own government. They also, however, have a balancing right to not be intruded upon by other citizens, or to have other citizens attempt to remove their rights.

We believe that there is no fundamental difference between races, peoples, and genders.

ME - Laptop eyed for answers: Stepdad says sex-slayings suspect planned to start new life

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All Related Articles

PDF Document - Marshall's Law

Article Calling Him A Hero!

Old, but I did not have this PDF document or the article below.


BANGOR - At first glance, it looks like the unremarkable personal website of a typical 20 year old. There are links to video games, suggestive photos of Carmen Electra and Anna Kournikova, quotes from the late Kurt Cobain and shock rocker Marilyn Manson.

But in the blog belonging to Stephen Marshall, the Nova Scotian who committed suicide in Boston after weekend shootings in Maine -- in which he was suspected -- that left two men dead, there are disturbing hints of a young man who was clearly fighting internal demons.

Under his favourite websites, there's one that includes a guide on "How to spot a pedophile," which purports to analyze the smiles on the mug shots of convicted sex offenders to discover their evil intent. There's a list of 10 gruesome suicide methods in "How to kill yourself like a man" and a link to a website with 3,000 photos of firearms that Mr. Marshall describes as "the sweetist [sic] pics of weapons that you can find anywhere."

The existence of his website was revealed to The Globe and Mail by Joe Reisdorph, who was Mr. Marshall's best friend when they attended high school together in tiny Culdesac, Idaho. Mr. Reisdorph, a 20-year-old construction worker, said he lost touch with his friend shortly after Mr. Marshall moved to Arizona three years ago, but looked in on the website until a year ago.

The free blog, hosted by Angelfire, was still on-line yesterday. [Note: it's down now, according to CBC, and apparently expunged from Google, too - ronnie] A spokesman for the Maine State Police, which is investigating the slayings, would not comment. Police computer experts began studying the contents of Mr. Marshall's laptop yesterday but will not release their findings until next week at the earliest, said police spokesman Steve McCausland.

"We have no idea who owns this website and cannot disclose who owns it under our privacy policy," said Kathy O'Reilly, a spokeswoman for Lycos, which owns Angelfire. She said that the firm's abuse team was investigating the site and would close it if it violates its terms of service.

The company will co-operate with police if they contact Angelfire about the site, she added.

It is the extensive list of Mr. Marshall's likes and dislikes on the site that provides the most revealing look at what may have been motivating the young man who is reported to have left his father's home in Houlton, Me., armed with three guns, in search of his two victims. Both the men were listed on Maine's public registry of sex offenders.

The list's "likes" include food, chicks, maple syrup, Canadians, hockey, porn as well as home and "your mom."

The "dislikes" are darker. They include law enforcement, "drag queens," "gays" and "minorities getting special treatment." One string of dislikes includes "loudmouths, society, the media, cancer, women in general and rich people."

Then there's the eerie mention under dislikes of "people named Bill...."

One of his two presumed victims was a Bill. William Elliot, 24, was shot to death on Sunday morning at his decrepit trailer home in Corinth, Me. He landed on the sex offenders' list after he was sentenced in 2002 to four months in jail because he had a sexual relationship with a 15-year-old when he was 19.

Mr. Marshall's website came as no surprise to friends in Cape Breton, who say he spoke often about his abhorrence of pedophiles.

He was also fiercely protective of his 13-year-old sister, who viewed him as a father figure, said Chris Catapano, 20, of Glace Bay.

"Anything that took the innocence from a kid infuriated him," Mr. Catapano said yesterday in an interview at a Glace Bay coffee shop.

The mystifying shootings alleged to have been committed by Mr. Marshall, combined with his subsequent suicide, have elevated him to something like hero status among his circle of Cape Breton friends.

Some have even expressed approval for the vigilante-styled killings. "In his own way, this was his crusade," Mr. Catapano said. "He's not a criminal in my mind.

"I think he just saw 'child' and 'sex' and he went after them," Mr. Catapano continued. "I don't think he cared how [the sex offence] happened or when it happened, just that it happened. He saw underage girl and older guy. I don't think anything better could have happened as far as I'm concerned. It [sexual abuse] grosses me out."

However, later in the interview, Mr. Catapano backtracked, saying people shouldn't take the law into their own hands.

Mr. Reisdorph, his Idaho friend, also recalls discussing the issue of sex offenders with Mr. Marshall. Both had decided that they were "scum of the earth."

Mr. Reisdorph said that he and Stephen hung out together from the ages of 14 to 17 when they were both students at Culdesac High School. "We were best friends. We were never separated."

Mr. Reisdorph said he was "blown away" when he found out on Wednesday about Mr. Marshall's suicide and his apparent involvement in the two slayings. "He was the nicest guy. He'd do anything for anybody."

Mr. Reisdorph minimized the incident in 2001 in which police arrested his friend for aggravated assault for threatening another youth with an AR-15 semi-automatic rifle in front of his house. "Another kid from school was picking on my little brother," he recalled.

Mr. Marshall, 15 at the time, grabbed the gun he was cleaning and confronted the young man with the weapon. "He just said, 'Nate, get off him,' " Mr. Reisdorph explained. The police were called and arrested Mr. Marshall. He served a six-month probationary sentence after a plea bargain.

At the bottom of Mr. Marshall's home page, there was a final request to readers. "Please email me, I'm lonely. For the love of lesbian spacemonkeys, just click the damn button. Please."

TX - Former Fort Bliss police officer sentenced for child pornography

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U.S. Attorney Johnny Sutton announced Wednesday that 25-year-old Arkon Christopher Caldwell, former Fort Bliss military police officer, was sentenced to eight years in federal prison for receipt and possession of child pornography.

U.S. District Judge Frank Montalvo also ordered that Caldwell be placed under supervised release for 15 years after completing his prison sentence.

In March, a federal jury found that from February to November 2005, the defendant received and possessed hundreds of images of children involved in sexually explicit conduct.

Officials with the U.S. Attorney's office said that 17 videos containing child pornography were found on the defendant's computer, which authorities seized at Caldwell's residence.

Under the guidelines, each video equals 75 images of child pornography, so Caldwell was sentenced as though he possessed 1,275 images, officials said.

This case was prosecuted as part of the Department of Justice's Project Safe Childhood (PSC) initiative. PSC is a comprehensive initiative aimed at preventing the abuse and exploitation of children through the Internet or other distribution technology.

NY - Ex-Cop, Pleads Guilty In Teen Pimp Case

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A former New York City Police Department detective from Queens and his wife, pleaded guilty last Thursday to charges of attempted kidnapping in connection with the prostitution of a 13-year-old Brooklyn girl.

Wayne Taylor, 35, and his wife Zelika Brown, 29, of Jamaica, pleaded guilty to second-degree attempted kidnapping after initially contesting the charges.

“These guilty pleas bring to resolution a nightmarish case in which a New York City Police detective – who is sworn to serve and protect the community – was instead accused of helping to prostitute a troubled young child who had run away from home,” District Attorney Richard A. Brown said. “The guilty pleas will save the victim from having to testify and recount the horrific situation that she endured.”

The 13-year-old girl ran away from home earlier this year, according to prosecutors, and met someone who offered to get her into the business of dancing for money at parties. Soon after, the girl was introduced to Brown and Taylor, who began using the girl as a prostitute, prosecutors said.

Taylor, a former police detective, allegedly told the girl to pretend she was 19-years-old. He allegedly told the girl to charge $40 for oral sex and $80 for intercourse, prosecutors said. Taylor and Brown are alleged to have brought the girl to parties throughout the City between Jan. 10 and Jan. 27, where she was made to perform sexual acts with approximately 20 men who had paid them for sex with her.

The teen was allegedly told that their home was equipped with an alarm system that would notify him if she escaped, according to initial statements by prosecutors.

Brown also allegedly harassed the girl for not earning enough money and slammed her head into the floor on one occasion.

But Taylor’s attorney insists his client was with just the wrong people at the wrong time.

“It’s reasonable to conclude that Detective Taylor exercised poor judgment in terms of the company he chose to keep outside of his employment with the New York City Police Department,” Stephen Drummond, Taylor’s attorney, said.

Drummond said that while he believed his client’s individual conduct was not a crime, that the actions of some of Taylor’s associations could be attributed to him under the law.

The couple was initially charged with second-degree kidnapping, second- and third-degree promoting prostitution, third-degree assault and endangering the welfare of a child upon their arrest.

“It was my recommendation that he enter a plea of guilty to the charges of attempted kidnapping,” Drummond said of the plea deal, which resulted in the more serious charges being dropped.

Taylor, a 14-year veteran of the NYPD Housing Bureau, resigned before pleading guilty to the charges.

Brown and Taylor were arrested in January after the girl fled their Jamaica home and contacted police. The girl has since been returned to her family.

Both Brown and Taylor face up to three and a half years in prison when they are sentenced on Aug. 4.