Thursday, September 11, 2008

Top Ten WTF? US Sex Laws

View the article here

07/03/2008

1. Oral sex is illegal in 18 states, including Arizona.

2. In Virginia, it is illegal to have sex with the lights on.

3. It is illegal for husbands in Willowdale, Oregon, to talk dirty during intercourse.

4. Sexual intercourse between unmarried couples is illegal in Georgia.

5. Engaging in any sexual position other than missionary is illegal in Washington, DC.

6. In Connorsville, Wisconsin, it is illegal for a man to shoot off a gun when his female partner is having an orgasm.

7. In Harrisburg, Pennsylvania, it is illegal to have sex with a truck driver inside a toll booth.

8. Having sexual relations with a porcupine is illegal in Florida.

9. It is illegal in Utah to marry your first cousin before the age of 65.

10. Sex with animals is perfectly legal for men in Washington state, as long as the animal weighs less than 40 pounds.


NV - PERMANENT INJUNCTION: Offender statute restricted

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A video is at the end of this article.

09/11/2008

U.S. judge rules law can't be applied retroactively

A federal judge issued a permanent injunction Wednesday that bars the state of Nevada from applying its new sex offender law retroactively.
U.S. District Judge James Mahan said the law, as applied to 12 sex offenders represented by the American Civil Liberties Union of Nevada, is unconstitutional.

"Many of the plaintiffs here were convicted years ago and have paid their debt to society," the judge said.

He said the law, which would change the way Nevada classifies sex offenders, would subject the plaintiffs to additional penalties -- "not because of anything that they have done."

Mahan likened that scenario to the Legislature passing a law that says anyone ever convicted of burglary must now serve five more years in prison, even though they have been law-abiding citizens since their release from prison. That would be neither fair nor constitutional, he said.

The judge stressed that his ruling would have no effect on existing laws that require the registration of pedophiles or laws that restrict their movement or housing.
- Hey Judge, glad you did this, but not all sex offenders are pedophiles!

Deputy Attorney General Binu Palal said he did not know whether his office would appeal the decision.

"We respect the ruling of the court, and we will review our options after we see the order," he said.

Mahan declined to rule on whether the law may be applied to those convicted of sex offenses in the future. That issue is pending in state court.

District Judge David Wall granted a preliminary injunction in June that prevented the law from taking effect as scheduled on July 1. Mahan issued a preliminary injunction a few days after Wall's ruling.

The new law changed how the state categorizes sex offenders. Instead of categorizing them by their risk of re-offending, it categorized them by the crime they committed.

It would have increased the number of Tier 3 sex offenders in Nevada from about 160 to more than 2,500. Tier 3 sex offenders have been convicted of the most serious offenses, including sexual assault and crimes against children.

Tier 3 offenders must register with authorities every 90 days, submit to fingerprinting and, in some cases, wear GPS monitoring devices. Their personal information, including their photos, is posted on the state's sex offender Web sites.

During Wednesday's hearing, Palal disputed Mahan's contention that the law's notification and registration requirements constitute punishment.

"These are not additional criminal penalties," Palal argued.
- They are!  They may have some sugar-coated name attached, but it is additional punishment!

The Legislature passed the law in 2007 to bring Nevada in line with the federal Adam Walsh Act, signed by President Bush in 2006. The intent was to push all states to categorize sex offenders the same way.

Backers of both the Nevada and federal legislation contend sex offenders will have a harder time evading detection once all states are on board.

Maggie McLetchie, staff attorney for the ACLU of Nevada, said the federal law "is falling apart at its seams." She said most states have not enacted Adam Walsh Act legislation.

Mahan said Nevada's new law violated a constitutional ban on "ex post facto," or retroactive, laws. He also said it violated due process clauses of the Fifth and 14th amendments, as well as the double jeopardy clause of the Fifth Amendment.

"We're thrilled by the ruling," McLetchie said. "We know that it's a brave thing to do to make a decision that affirms the rights of sex offenders. The ACLU strongly believes that the Constitution applies to everyone, including convicted sex offenders."

However, McLetchie said the case is not about the rights of sex offenders. "It's about the limits on the power of government," she said.

One of the plaintiffs in the federal case, a Las Vegas man identified only as "Doe 2," pleaded guilty in 2001 to attempted lewdness with a minor under 14. The felony conviction resulted in five years of probation and lifetime supervision.

In an interview Wednesday, the man claimed innocence.

"I was accused of something that I didn't do, because my 'ex' was trying to take custody of my son," he said.

He said he has had the same construction job for 28 years, has remarried and has three children. Before the new law was passed, he was placed in the Tier 1 category after he was assessed as a low risk for re-offending.

After the new law was passed, his probation officer told him he would be reclassified as a Tier 3 offender. That meant his neighbors would be notified about his conviction.

"I feared for my family's well-being," he said.

He also worried that the new classification would prohibit him from picking up his children at school. Tier 3 offenders may not go within 500 feet of schools or parks. And the man's boss told him he might lose his job.

When McLetchie told Doe 2 about Mahan's ruling Wednesday, he said, he broke down with joy.

"I've been carrying this on my shoulders for quite some time," he said.

Gary Peck, executive director of the ACLU of Nevada, said Mahan's ruling underscores the need for the Legislature "to pay more careful attention" to what the organization's representatives have to say when advocating for constitutionally sound laws.

"It would have been nice had the AG's office been willing to engage in more constructive dialogue with us throughout the course of this litigation," he said.

McLetchie said the 2009 Legislature will get "another crack at the apple."

"In the ACLU's view, the existing laws worked because they really did focus in on public safety and risk to society," she said.

Attorney Robert Langford, who worked on the case with the ACLU, said Mahan "may have just saved the taxpayers of the state of Nevada several million dollars to institute the bizarre supervision scheme anticipated by the new statutes."

"That was a fiscal impact not considered by the Legislature and in my opinion that is what has kept most other states from adopting this wickedly Draconian statutory scheme imposed by the federal government," he said.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-383-0264.


AUSTRALIA - Australian Government Minister Quits After Undie Dance at Office Party

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I just love to report all this corruption, it makes my day. It would be even better if they were all on the sex offender registry as well.

09/11/2008

SYDNEY, Australia — An Australian state government minister was forced to quit following reports that he danced in his underwear at a parliamentary office party, the state premier said Thursday.

Matt Brown resigned late Wednesday, only three days after he was sworn in as police minister of Australia's most populous state, New South Wales Premier Nathan Rees said.

"I'm a human being and I made a mistake and I'm going to cop the consequences of that mistake," Brown told reporters, without elaborating.

The resignation came on the eve of an unsourced report in national newspaper The Australian that Brown danced in "very brief" underpants to techno music on a leather couch during a drunken late night party in his Parliament House office three months ago. He was then housing minister.

Rees said he demanded Brown's resignation Wednesday night because the former lawyer and university lecturer — a state lawmaker for nine years — initially gave assurances that "absolutely nothing untoward" had happened during the party.

"I subsequently put it to former minister Brown late last night that there are too many reports of you in your underwear for me to ignore," Rees told Fairfax Radio Network. "He conceded he'd been in his underwear and that gave me no option but to demand his resignation."

The scandal is a blow to Rees' efforts to revive the flagging fortunes of the 13-year-old Labor Party government with a new leadership team. "Embarrassed doesn't begin to describe it," Rees said.

Brown said he had agreed with Rees that he should resign for behaving "in a manner not befitting a minister."


TX - Outrage at Courthouse Affair

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Corruption runs deep!  They should have known not to have a relationship, and to me, this should be considered a sex crime, and they should be put on the sex offender registry for violating their oaths of office and having a relationship.  They would be good candidates for the government abuse registry, IMO!


09/11/2008

Cases May Be Questioned after Texas Judge and Prosecutor Admit to Affair

The revelation that a former judge had an affair with a prosecutor in Texas has outraged legal ethicists and may call into question dozens of criminal cases.

In a letter sent Tuesday to Texas Gov. Rick Perry, lawyers for Charles Dean Hood, a death row inmate, said that the district attorney who prosecuted Hood and the judge who oversaw his trial had admitted under oath on Monday night and Tuesday morning that they had a sexual relationship.

Hood, who was convicted of a double murder in 1990, was scheduled to be executed Wednesday. The Texas Court of Criminal Appeal stayed the execution Tuesday night for an unrelated reason.

It was unclear what the immediate impact of the affair would be for Hood or others, but lawyers expected that some other defendants who have been convicted in Holland's courtroom would attempt to challenge their convictions because of the reported affair.

"If I were a defense lawyer in a case over which this judge presided, I would be raising this. I think it's going to open the floodgates," said David Zarfes, an associate dean at the University of Chicago Law School who writes about legal ethics. "I find it shocking and disturbing. A man's life weighs in the balance here."

The letter from Hood's attorneys said the judge, Verla Sue Holland, who is now retired, and former Collin County District Attorney Tom O'Connell had differing recollections about when the affair ended and it was unclear if they were involved during Hood's trial. A former district attorney has said in a sworn statement that he believed the affair continued until 1993.

The parties are still under a gag order in the case, and lawyers for Holland and O'Connell did not return calls from ABC News.

It was unclear if Hood will be granted a new trial because of the affair. The Court of Criminal Appeals stayed Hood's execution, saying the jury may have received improper jury instructions.

It rejected Hood's appeal for a new trial based on the alleged affair, but Holland and O'Connell did not admit to the affair until after Hood's appeal had been filed.

Several legal experts have told ABC News that a sexual relationship between a judge and prosecutor under these circumstances would violate a defendant's right to a fair trial and would render the conviction invalid.

If that is found to be the case, the reported affair could call into question many other cases that O'Connell prosecuted in Holland's court. Holland was a Collin County judge from 1981 to 1997, when she joined the Court of Criminal Appeals. O'Connell was district attorney from 1971 to 2002, except for several years in the 1980s.

"It's not just shocking. It really reflects a complete disregard of the fundamental tenets of the justice system," Robert Cummins, the former chair of the American Bar Association Committee on Professional Discipline, said of the affair. Cummins earlier had signed a letter asking courts to fully investigate the allegations that Holland and O'Connell had an affair.

It was unclear how many cases could potentially be affected. The Collin County court clerk's office said it was still researching the number of cases O'Connell prosecuted in Holland's court during that time.

David Dow, litigation director at Texas Defender Services, which represents death row inmates, said the office did not represent any other death row inmates whose cases were tried in front of Holland.

Mitch Nolte, president of the local defense lawyers' association, said it was possible that the reported affair could call into question "a lot of cases," but that it was too soon to know how many.

"We don't know the extent of the relationship and its effect on the cases," he said, adding that there were various procedural barriers to defendants challenging old convictions.

According to Texas Defender Services, which represented Hood, Holland recused herself as a judge on the Court of Criminal Appeals from nearly 80 percent of cases from Collin County. Two other judges on the court who were former trial court judges recused themselves from cases from their district less than one percent of the time, Texas Defender Services said.

The reported affair also raised the possibility that Holland and O'Connell could face sanctions from the state bar association. Maureen Ray, special administrative counsel to the state bar, said ethics complaints were confidential and could not say if Holland or O'Connell were under investigation.

Judges have been publicly sanctioned only eight times in the last 18 years for having relationships with lawyers who appear in their courtrooms, none of them in Texas, according to the Center for Judicial Ethics at the American Judicature Society, which tracks judicial discipline. None appeared to have involved capital cases. Punishment ranged from public censure to temporary suspensions.

The letter, which asked for a reprieve, said it was unclear when the relationship ended, but that it continued in the "years leading up to" Hood's case. After the sexual relationship ended, Hood and O'Connell remained close friends, the letter says.

The fact that neither Holland nor O'Connell disclosed the relationship is a "shocking and devastating indictment of the Texas criminal justice system," the letter argues.

Hood, 39, was scheduled to be executed in June after the Texas Court of Criminal Appeal rejected a bid to overturn his conviction, saying Hood had raised the issue of the reported affair too late in the appeals process for it to be considered.

After a flurry of last-minute legal filings, the execution was delayed in June because state prison officials said they had run out of time to carry out the execution by the midnight deadline.

Hood was convicted of the 1989 fatal shooting of his boss Ronald Williamson and Williamson's girlfriend, Traci Wallace. Hood was arrested in Indiana a day after the killing.

Though he has maintained his innocence, he had Williamson's car, jewelry, camera, wallet, credit cards and clothing on him at the time of the arrest, according to the Texas Attorney General's Office.


CT - Convicted Southbury rapist arrested for probation violation

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I thought GPS was suppose to be the "Holy Grail" for tracking sex offenders? Doesn't sound like it to me. It tracked him in the correct places, yet they are violating him. Also, he has had to replace the GPS many times because it's not working as it has been said to work.

09/11/2008

SOUTHBURY — A man who spent nearly a quarter-century in prison for a series of rapes was arrested Wednesday and charged with violating his probation, officials said.

David M. Pollitt, 55, surrendered to state police shortly before noon at his sister's yellow raised-ranch home at 135 Fox Run Drive, where he has lived since being released from prison 11 months ago. He returned to Southbury after his sister and her husband posted a $100,000 bond. He is locked down at the Southbury home and will appear at New London Superior Court at 10 Friday morning.

Pollitt is accused of a technical violation of his probation; specifically, probation officials said he went outside the range of a GPS monitoring unit that is attached to his ankle 24 hours a day.

According to an arrest warrant affidavit, Pollitt left his sister's backyard on Sept. 3 and walked more than 1,000 feet through the woods to the area of Oleson Drive, an unpaved road with three homes. Pollitt was out of the yard for 10 minutes before the GPS system lost his signal. When it re-established contact five minutes later, Pollitt was back on his sister's property.

Pollitt denied he left the yard, according to the affidavit. He reported there was "no way" he went where his tracking unit recorded his location.

Pollitt's sister, Janice Rosengren, said she was with Pollitt when he was alleged to have left the yard. She said her brother's GPS bracelet has been replaced more than five times in 11 months because it repeatedly tracks him in the wrong location.

"It's a lie. It's a lie. It's all a lie. I was with him the entire time," she said. "What more can I say?"

Pollitt declined to comment, except to say he is looking forward to resolving the situation when he goes to court Friday. If a judge finds he violated his probation, he could be put back in prison for four years, the time left on his probation.

Neighbors were alerted to Pollitt's arrest Wednesday afternoon when the town issued a "Code Red" alert to residents of Fox Run and Wolf Pit drives.

The neighborhood reacted with fear and anger last October after learning Pollitt would be living in Southbury. Residents staged protests and vigils, and lobbied the legislature to change laws that govern the release of sex offenders from prison.

Attorney General Richard Blumenthal tried unsuccessfully to have Pollitt confined to an inpatient treatment center or specialized halfway house for sex offenders. Gov. M Jodi Rell weighed in, saying, "Like other violent offenders in Connecticut, let Mr. Pollitt be on notice: Even the most technical violation of the terms of his release will result in his immediate return to prison."

Scott McClure, who lives a couple of doors down from the Rosengrens, is waiting to see how Rell and other state officials will respond to Pollitt's arrest.

"I would like to know now how she (Rell) is going to deliver on her promise" to put Pollitt back in prison, McClure said.

Pollitt was doing contracting work with his brother-in-law until a few months ago. He is able to leave the home between 7 a.m. and 8 p.m. to work, do activities in the yard, go to the supermarket or shop for clothes. He must keep a detailed log of his activities and travel.

The activity log for Sept. 3, the day Pollitt is alleged to have left the yard without permission, states that Pollitt was either in his home or in the yard at all times, according to the affidavit. The contractor who maintains the GPS tracker said the system was working properly.
- So why are they arresting him then?  Apparently they just want to get him on something so they can appease the public and put him back in prison, if all this is correct!

Pollitt served 24 years and seven months in prison for attacks on women in Old Lyme, Waterford, Killingworth, Rocky Hill and Wallingford. He had been in prison since March 10, 1983, when a New London jury found him guilty of sexually assaulting a mother of four in her Old Lyme home and attempting to rape a Waterford teenager at her home.

He was also found guilty of sexually assaulting a 17-year-old in Wallingford. He pleaded guilty to sexually assaulting two women in Rocky Hill in 1981 and 1982 and to a misdemeanor charge of sexual assault of a woman in Killingworth in 1978.


CANADA - It's time to consider animal-abuse registry

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So what's next? A fat person registry? A moron registry? A Christian, Jew, Athiest, Muslim, Buddist registry? Hell, let's just get everyones personal information and slap it all on the Internet and be done with it. So everyone can find anybody they want, and make their hit-lists! Might as well create one registry instead of thousands. But that is only logical, and the people in office are not logical, so they will just continue to waste millions, if not billions of tax payer dollars, while the whole world goes to hell, and they get rich.  Apparently someone has already decided to do this, here.

09/11/2008

Last week, London police charged an 18-year-old at a student party on Farnsborough Crescent after he allegedly chased down a cat and kicked it so savagely the animal had to be put down. If anyone needed a sign it's past time we got serious about animal abuse, that was it.

One such way to ensure pets aren't treated this way is to establish a registry for habitual animal abusers. It's a step the Ontario government ought to think about.
- Man, people are just so stupid in todays society.  You can register everyone who harms an animal, but more will follow.  This is just their way of slowly ENSLAVING the world.  Am I paranoid?  Maybe!  But every day, more and more registries come on like.  And remember, the Nazi's had registries of those non-Master race as well.  And I hate to compare this to Nazism, but the similarities are hard to ignore.

Such a registry would be modelled on the provincial and federal sex-offender registries. It would list repeat offenders who have been convicted of harming animals in the past, who -- judging by their track records of viciousness -- are likely to do the same in the future.

Those on the list would be banned for life from adopting, owning or working with animals of any kind.
- So I guess all the animal trainers, circus trainers, slaughter house workers will all be on these registries next!  Killing an animal, is abuse, right?

The point would be much the same as the sex-offender list: To keep tabs on probable recidivists. If what the criminologists tell us is accurate, and there's no reason to believe it isn't, abusing animals at a young age is one indicator of future violent behaviour.
- Where did you come up with this information?  Out of thin air like usual?  Where is the studies to prove this?

No one who habitually displays cruelty toward animals would be exempt from the registry: not pet owners, not zookeepers, not drunken students, not violent offenders in the making.
- So what about an abusive government registry?  Hell, I'm all for that one personally!  People like George Bush would be the first ones on it, along with all the other politicians, and others in government caught not upholding their oath of office or the Constitution.

We're a long way from an animal-abuser registry, it's true. But that's no reason not to take immediate steps to create one. Civil-rights lawyers will need to be consulted so no rights are trampled, along with experts in law enforcement, animal control, fishing and farming.
- More BS!  They will not consult these people.  They did not do it when passing the sex offender laws, so what makes you think they will here?  It's just more sugar-coating to appease the human/civil rights folks!

Which isn't to say registries are the answer to every problem. They're not. The necessary legislation would, however, be a signal that this type of abuse is not tolerated in Ontario. It would be one more tool to help prevent crime.
- Well, what the governments are doing, it sure seems like they think registries are the answer, yet history is proving they are not.  One day, karma will come back and bite them in the butt, then I'm sure, after millions have been harmed, they will start screaming, but it will be too late then.

Earlier this month, two Alberta teens were sentenced to 100 hours of community service for trapping a cat in a microwave and cooking it to death. It's not wrong to be very concerned about what such individuals might do as adults.
- You are right, but you cannot predict the future either.

An Ontario animal-abuser registry would be aimed at individuals such as them. They are the worst of the worst, and this idea would protect all of us from their wickedness.
- Who is next in line to be demonized? I'd say politicians and corrupt government workers, personally!


VT - New sex laws could be on horizon in Vermont

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09/11/2008

BENNINGTON — A local lawmaker charged with looking into the state's laws regarding sex offenses said changes are likely, including a move to longer, mandatory sentences for some offenses.

Senate Judiciary Committee Chairman Sen. Dick Sears, D-Bennington, said in an interview Wednesday that a package of legislation that will be put together in October is likely to include mandatory minimum sentences of 25 years to life.

"My guess is that it will include mandatory minimums," Sears said. "The idea would be to have a 25-year to life mandatory minimum when ... there has been something more than the lewd and lascivious that we see."

The state currently has a presumptive 10-year minimum sentence for serious sex offenses. Any sentence less than five years would require a judge to state on the record why the offender's sentence was reduced.

Sears' committee has been holding meetings and public hearings on the state's sex offender laws after a 12-year-old Braintree girl was murdered in July. Her uncle, a convicted sex offender, is a suspect.

Brooke Bennett's body was found on July 2, one week after she disappeared in Randolph. Micheal Jacques, her uncle, has been charged with kidnapping Bennett, but so far has not been charged with sexually assaulting or killing her.
- So, these idiots are going to pass mandatory minimums on the basis of something a person has not been convicted of yet?  Now that is corruption!  And even when they do pass these, it will not prevent anything, it will only persuade the predators who do harm a child, into killing them.  What a bunch of idiots!  So now, they are going to cause more problems than solving, like usual!

The death of Bennett sparked a fierce political debate over the state's handling of sex offenders. Gov. James Douglas and Lt. Gov. Brian Dubie, both Republicans, called for a special legislative session to immediately pass legislation that would implement longer prison terms and civil confinement, which would extend jail time for high-risk offenders who have completed their sentences but have not successfully completing sex-offender treatment.
- So, I see they are falling to public pressure to become corrupt and ignore the Constitution...  Yes, we are indeed a fascist country!  Does the death penalty prevent murders?

Democratic leaders in the Legislature resisted, however, favoring an approach that would allow lawmakers to hear from experts and the public.
- I'll believe it when I see it!

Sears said any new legislation must first be discussed in committee, but added that longer mandatory minimum sentences would likely be utilized in a way that gives prosecutors flexibility and discretion. Offenders could face the longer sentence in "particularly egregious" crimes," he said.
- Yeah right, you expect me to believe that?  They are just going to say this to persuade the bill the be passed, then, everyone convicted of a sex crime, whether innocent or not, will be sentenced to 25 years or life, just so they can push the problem a way, without solving the problem or why this occurs in the first place.  Typical!

The package of legislation is also likely to include an expansion of the state's sex offender registry, an increase in prevention programs and a change in the way the state classifies sex offenders, according to Sears.
- An increase in prevention?  Again, I'll believe it when I see it, and I'd love to hear what they thing will work.  This is just sugar coating to get the law passed.

The committee, in its "investigative function," has found several troubling facts about the system in Vermont, Sears said.

First and foremost, Sears said, is the registry, which is severely lacking in its current form, he said.
- Lacking how?  Funny how they never explain these "issues!"

"I don't have a big objection to putting more people on it, but right now the Internet sex offender registry has to be done manually," he said. "The communication between the Department of Public Safety, the Department of Corrections, the courts and the Department of Children and Families is poor in terms of dealing with sex offenders."
- So even if all the communication was perfect, how does putting someone on a shaming hit-list prevent any future crimes?  It doesn't, it's just "feel good" BS to appease the public who have been mislead and blinded with the true facts.

In the case of Jacques, the Department of Corrections, which was tasked with supervising him, did not take him seriously, according to Sears.
- Because a group of therapists deemed him not a risk, and these were experts.  Maybe the new laws pushed him over the edge?  Has anybody ever thought about that?  Of course not!  And I fear, that when these suggested laws are passed, more harm will be done.  I hope and pray I am wrong, but only time will tell.

In fact, he was labeled a success story by the department, which recommended his early release. A 2005 violation of the sex offender registry in New Hampshire did not catch the eye of authorities in Vermont, Sears said.
- Damn, they are only human, nobody is perfect!  And NOBODY can predict the future, except God!  He was deemed a success for a reason.  So now, what do you suggest?  Not believing anybody and just locking everyone up for life?  I'm sure that is what they are thinking.

As a result, Sears said he is convinced that each district in Vermont needs a specialized team of probation and parole officials to supervise sex offenders.

The state has also been too "reliant" on treatment for sex offenders, according to Sears, perhaps "hoping" that offenders' behavior could be reformed.
- It can be reformed, for those who want to change.  Getting rid of treatment is not an answer, it's a knee-jerk (typical) reaction to one heinous crime.  We are all doomed if this is the way laws are going to be passed in the future.

"Maybe, because we wanted to, I think the courts and the state had the idea that treatment was going to change that behavior," he said. "By and large, for sex offenders who abuse kids, that's not going to change.
- You are wrong!  Treatment has worked on MILLIONS of people.  If it did not work, then we'd still have tons of sex offenders running around harming and possibly killing children.  If you make it impossible for someone to get on with their lives, what the hell do you expect?  It will only get worse.  You push and beat someone constantly, eventually they will have had enough and lash back, that is common sense.

Sears' committee will hold three public hearings on Sept. 16, including one at the Vermont Veterans Home in Bennington. Sears said committee members are hoping hear directly from the public about their experiences and thoughts on what shape new legislation should take.
- What about listening to EXPERTS for once in your friggin' miserable lives?  The public cannot even handle the information on the registry without resulting in violence, so what makes you think they know what laws will and won't work?  Hell, we might as well go back to the wild west and let everyone in this world fend for themselves.

"You get gems from people," Sears said, "when you hear from people who have been abused or from family members."
- Gems?  Maybe hate and revenge, but I would not consider that gems!


AZ - How in the world does someone like this get by with posing as a 12 year old? He doesn't look nothing like a 12 year old!


CA - How Could A Sex Offender Become A Union Leader?

View the article here

And yet more evidence that the registry and residency restrictions will do nothing to prevent someone intent on committing a crime from doing so. He was a known sex offender.

09/10/2008

SACRAMENTO (CBS13) ― A prominent state worker and union leader is facing charges of possessing child pornography, raising questions of how a convicted sex offender could work in those positions.

James Feliciano is a pedophile whose record is just a click away on the Megan's Law website, but nobody in the Department of Insurance ever checked it before hiring him in 2006.
- So does being a state worker or union leader have anything to do with children?  If not, then what is the problem?  I agree, the child porn is an issue and he should be arrested for it, but my lord, he has to have a job, and if these jobs do not have anything to do with children, what the hell is the problem?

He was also a local president of the SEIU Local 1000, a union that represents 95,000 state workers.
- Yeah, so!

"It is not our responsibility to check out state employee's background," said Yvonne Walker, the president of the SEIU Local 1000. "That's the employer's responsibility."

But if the state won't check his background, and the union won't either, will anybody?
- Why should they?  If he is applying for a job working with children, then yeah, they should check, but the man has to make money.  And you, the so called "media" are the idiots.  Anything for a story, right?

Our investigation has uncovered criminal behavior dating back to 1988, everything from battery to lewd acts with a child.
- You make it sound like he has a long history of this.  On the SO registry, there is one crime against a child, ONE CRIME!!!!  Stop the damn fear-mongering!  He committed one crime, back in 1988 and nothing since, so leave the man alone and let him get on with his life, after the child porn issue, that is.

Police acted Tuesday after receiving a tip from Felicano's family in Reno, alleging that he had inappropriate contact with a relative last month. When law enforcement searched his computer, they say they found a large amount of child porn.

The SEIU says they now want Feliciano out of his post, and the Insurance department has seized his work computer for investigation.

Feliciano is ineligible for bail, and is scheduled to appear in court Thursday.


TN - Sex offender without GPS unit missing

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09/10/2008

Tracking device not activated by probation officer

CLINTON — A man on probation and labeled as a violent sex offender wasn’t outfitted with a court-ordered electronic tracking device to monitor his whereabouts, and now authorities can’t find him.

Charles Terrance Hartley, 46, originally charged in two counties with three counts of child rape, is listed on the state’s Sexual Offender Registry as homeless in Knoxville.

Knoxville police have been asked to be on the lookout for him, officials said.

Hartley met with probation officer Wayne Langley on Aug. 22 and Sept. 3 in Clinton, after he pleaded guilty Aug. 21 in Anderson County Criminal Court.

A global positioning system device that was to track Hartley’s whereabouts wasn’t activated on either occasion.

Normal procedure is for defendants to be outfitted with GPS ankle bracelets within 24 hours of being placed on supervised probation.

“The GPS should have been put on him,” said Bo Irvin, the executive director of the state’s board of probation and parole. “I’m not pleased with how this was handled, and we’re looking into this. … We’re still trying to figure out who did what, and who didn’t do what. It looks like the (probation) officer made an incorrect decision.”
- So he/she should be fired for not doing their job, and potentially putting a child in danger.

A warrant charging Hartley with violation of probation was taken out Tuesday by Langley.

The warrant alleges Hartley violated probation by not finding a place to stay or a job, and by not being monitored by a GPS.
- So the statements near the top, say he is registered as homeless, so why is this warrent saying he violated probation for not finding a place to stay, or a job?  That is total BS!!!  He is going to be arrested because a probation officer screwed up, instead of that PO being FIRED!!!

State probation officers on Tuesday checked Knoxville’s two main homeless shelters and were told he hadn’t been staying in them.

Hartley, formerly of Harriman, originally was charged with repeatedly raping a 9-year-old boy. In one attack in Roane County, the child’s hands were duct-taped together, court records show. Hartley pleaded guilty last month in Anderson County to a reduced charge of attempted aggravated sexual battery. He took a similar plea earlier in August in Roane County.

Both pleas netted 10-year prison sentences, suspended on time served, and Hartley was placed on probation for 10 years. The sex crimes occurred in 2003 but weren’t reported by the boy until 2006. Hartley was jailed for two years after he was indicted.

As part of probation, Hartley is to wear a GPS tracking device until the boy, now 14, is 18 years old.

Only four of the state’s 392 defendants on probation with court-ordered GPS systems are now homeless, said Melissa McDonald, spokeswoman for the board of probation. “This is a very rare problem,” she said.
- It may be rare there, but in other states it's a MAJOR problem.  Also, if there is others who are homeless, why is this man having a warrant for his arrest for being homeless, jobless and without GPS due to a PO's incompetence?  If it's illegal to be homeless, like this warrant seems to suggest, why are the others not arrested?  I am not saying they should be arrested, but just wondering!  Sounds like a lot of BS cover-up for some "good ole' boy" who doesn't know how to do their job!

Homeless people who are required to wear GPS systems present unique challenges, McDonald said, because the electronic tracking unit must be recharged daily. The GPS devices consist of an ankle bracelet and the tracking unit. While the unit is recharging, alerts are transmitted to a monitoring system in Nashville if the person wearing the ankle bracelet strays too far away.

The statewide rollout of GPS devices to people on state probation was completed early this year.

Tracking units are specifically geared for each defendant and send alerts if they go too close to victims, their schools, or other places they’re to avoid.

Bob Fowler, News Sentinel Anderson County editor, may be reached at 865-481-3625.