Friday, September 26, 2008

Abuse of Power

Voluntary Servitude by Deception

Definition of Servitude:
1 : a condition in which one lacks liberty especially to determine one's course of action or way of life

2 : a right by which something (as a piece of land) owned by one person is subject to a specified use or enjoyment by another

UK - Sex offenders to face lie tests

View the article here
Ministry of Justice article (PDF)

Sorry, but if someone is not on probation or parole, then you have no right to do this, and I would not take one, period, end of story!


Sex offenders in some parts of England and Wales could be made to take compulsory lie detector tests to see if they are still a danger to the public.

The Ministry of Justice said a pilot scheme would test the use of polygraphs for offenders living in the community.

Results could affect how they are monitored, but the results will not be admissible as evidence in court.

An earlier voluntary pilot found that nearly 80% of lie detector tests prompted admissions from offenders.

Each test will last for about 90 minutes and will monitor a subject's heart rate, sweating, brain activity and blood pressure while he or she is asked questions.

Public confidence

In previous pilots, 90% of probation officers said the testing of offenders was helpful in assessing the risks they pose to the public.

It was found that offenders were more likely to disclose information relevant to their behaviour and treatment when challenged with the results of their tests.

Where tests were voluntary, fewer than half of those eligible agreed to take part.

But under the new scheme, paedophiles and other sex offenders will have no choice but to comply.

Children's charity Barnardo's welcomed the move.

Chief executive Martin Narey said: "This has the potential to increase public confidence that sex offenders are complying with supervision, that they are staying away from schools and playgrounds and living and sleeping where they are supposed to.

"Sex offenders trying to avoid re-offending will be helped by the knowledge that polygraph testing will expose any attempt by them to mislead their probation officer.

"All in all, this will make our children safer."

A consultation document on the rules of the programme was published by the Ministry of Justice on Friday.

The locations for the three-year-pilot, which will begin in April 2009, have not yet been formally chosen, but a spokesman said they were likely to be in the east of England and West Midlands.

If successful, the scheme could be extended across the country.

Telephone lie detectors, which use so-called voice-risk analyser technology, are increasingly being used by councils to identify potential benefit cheats.

IN - Who's right when it comes to laws for sex offenders?

View the article here

The last statement, highlighted, shows this article is biased.  Again, when the constitution means nothing, then they can say anything is constitutional!  But, if the constitution did means what it used to, then these laws would be deemed unconstitutional!


Answer depends on if our focus is on punishment or safety.

The Indiana Court of Appeals has upheld Plainfield's law that bans sex offenders from parks. Child-safety advocates are elated, but the American Civil Liberties Union says enjoyment of parks is a “core value” under the Indiana constitution and that banishment amounts to a second punishment for a crime.

So who's right? The question is being debated in several communities that have laws similar to Plainfield's. The bans in Lafayette and Michigan City have also withstood court challenges. A suit over a similar law in Greenwood has been on hold pending an outcome in the Plainfield case. A federal judge overturned Indianapolis' law as overly broad. It banned offenders from being within 1,000 feet of a park or school. There are very few such places in the city.

An answer to the question depends on our focus.

If we just concentrate on the punishment aspect, it can seem to be too unfair to the offenders. We tend to have a “punish and move on” attitude about crime in this country. Once people have paid the debt for their crimes, they are allowed the benefit of the doubt and given a chance to learn from their mistakes.

We especially have to be careful not to deny a whole class of offenders constitutional rights that belong to everybody. The Fourth Amendment does not make an exception for sex offenders when it says “the people” have a right to be secure from “unreasonable searches and seizures,” for example. Indiana was not mindful of that blanket right when it tried to require registered sex offenders to “volunteer” for on-demand searches of their computers.

But there is a safety aspect to be considered. The man at the heart of the Plainfield case - identified only as John Doe - was not someone who was arrested for having sex at 18 with his 16-year-old girlfriend. He was convicted on child exploitation and possession of child pornography. It is not unreasonable to worry about him being in a park where children congregate.

It is now well-known that sex offenders have to register with the state and that many communities are trying to restrict their movements, so such treatment can be no great surprise to anyone. Certain things, therefore, can be seen as a continuation of the punishment, not a second round of it.

CA - Girl Kicks Sex Predator in Groin

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Now here, apparently this girls parents did their job, and taught their daughter how to protect herself.


LOS ANGELES (KNX 1070 NEWSRADIO) -- A sex predator in Orange County picked the wrong girl to mess with. The 10-year-old girl told cops she was walking on the street in Irvine, when the guy came up and offered her some candy to take off her clothes. Then he tried to grab her. Sheriff's spokesman Jim Ammormino says that's when she put her karate skills to good use.

"(She) responded with a kick to the young man," said Ammormino, "and put him down on the ground."

The suspect drove off in a battered green Jeep. It all happened near Bryan Avenue and Marketplace yesterday afternoon. Detectives have a sketch of the guy, and they're out looking for him.

OH - Mom sentenced to 5-year term

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Judge finds apology for drugs, sex with kid's friend too late

By Jodi Andes

The Bexley house "cultivated an environment for perverse activity," the judge said.

It was a characterization that homeowner Becky Jo Tatum didn't deny.

The 42-year-old mother of two apologized for the environment and the crimes that ensued: having sex with her daughter's 14-year-old friend, having cocaine in the home and keeping a gun, which was illegal for someone previously convicted of drug and prostitution charges.

But Franklin County Common Pleas Judge Timothy S. Horton said the apology was a little too late, and sentenced her yesterday to five years in prison.

He also declared her a Tier II sex offender, which means she must register her address with the sheriff's office every six months for 25 years.
- How can a judge decide her tier level?  I thought a board of experts had to evaluate a person to determine someone's tier level!  This is not right!  He could've been angry with her, and made her a tier III, just because he was in a bad mood or something.

Deputies escorted Tatum straight to jail in her business suit and high heels.
- See the last article I posted.  You see here, this lady is charged and convicted, and is immediately hauled off to jail, while in the last story, a lawyer is charged and convicted, and he gets two months to clear things up before he reports to jail to start his sentence.  Just goes to show you, the "good ole' boys" get treated differently, when it is suppose to be EQUAL treatment and justice.

Tatum, who pleaded guilty to charges of unlawful sex with a minor, drug possession and illegal gun possession in August, won't be eligible for release until four years into the sentence, Prosecutor Ron O'Brien said.

Assistant Prosecutor Jennifer Rausch said there was a disconnect between Tatum's apology and statements she had made to probation officers.

Rausch said Tatum has been concerned only about herself. She called the 14-year-old girl the aggressor and commented on the teen's sex life. She blamed drugs; the Bexley house had one room designated just for drug use.

Youths had free rein to do what they wanted at the house at 2761 Bellwood Ave., which has since been sold, defense attorney Jeremy Dodgion said. Tatum, he said, locked herself in her bedroom and succumbed to her addictions to cocaine and red wine.

"I think she has finally hit rock bottom and realized she was out of touch with reality," Dodgion said.

She has been off drugs for six months and turned her life around after voluntarily giving up custody of her 18-year-old daughter and her 10-year-old son. Tatum also has been dealing with mental-health issues from childhood, he said without elaborating.

Tatum had pleaded for probation.

"I don't know how to begin to explain this shame that I feel," she said. "I have no one to blame but myself."

IN - Lawyer to serve 1 year in sex case

View the article here

Another "good ole' boy," and another slap on the wrist.  The average citizen who did the same would get years of prison time.


A judge has sentenced New Albany attorney Anthony Wallingford to a year in jail plus two years on probation for the sexual battery of a 16-year-old Elizabeth girl.

The sentence imposed Wednesday night came after Harrison Superior Court Judge Roger Davis complained about statements made by Wallingford, 39, in a presentence report. Davis accused him of "playing games" with the legal system.

Davis' complaint prompted a scramble by lawyers in the case to revise the terms of a plea agreement, a revision that resulted in a jail term three times as long as the four-month maximum called for in the agreement under which Wallingford first pleaded guilty last month.

Wallingford must also register as a sex offender when he's released.

The judge's complaints stemmed from statements Wallingford made to probation officer Diane Harrison during the presentence investigation after his Aug. 8 guilty plea. Reading from Harrison's report, Davis noted that Wallingford told her, "I'm taking responsibility but I'm not really guilty."

That contradicted Wallingford's admission during last month's hearing that he had climbed into the teen's bed and fondled her breasts on April 14, 2007, while Wallingford and another man were visiting the victim's father.

Davis said he could not accept the first plea agreement unless Wallingford explicitly admitted the facts of the crime and accepted responsibility for it.

Davis said Wallingford's behavior showed "a degree of arrogance and offensiveness."

"It's clear to me that you don't have much credibility," the judge told Wallingford.

Wallingford took the stand and, under questioning by defense attorney James Voyles, expanded on his original admission. Voyles asked Wallingford whether he indeed touched the victim's breasts with his hand and his mouth against her will.

"Yes," Wallingford said.

Explaining the denial he made during the presentence investigation, Wallingford told Davis, "I didn't believe the facts of the entire night" of the crime. He said the denial was directed at a more serious charge of criminal deviate conduct that was dropped under the plea deal.

"I want everybody to know I did what I said I did. There's nobody else to blame but me," he said.

Voyles, special prosecutor David Powell and Harrison said they believed Wallingford was sincere and urged Davis to accept the agreement. But Davis said he was not convinced.

"I'm not buying. He can try to sell it somewhere else," the judge said.

The attorneys then negotiated for more than an hour before reaching a tentative deal that called for Wallingford to plead guilty to the sexual battery charge but leave the sentencing up to the judge.

Wallingford was given time to go home to discuss the new offer with his wife before court reconvened at 7:30 p.m. Wednesday. Davis pronounced the maximum allowable three-year sentence with two years suspended shortly before 9 p.m.

The criminal deviate conduct charge that was dropped had carried a potential sentence of six years to 20 years in prison.
- See, when it's another "good ole' boy," then they get deals, but if it's an average citizen, the plea is NOT a deal...

The victim, now 18, said she was satisfied with the outcome. "The sentence that he got is what he deserved."

Wallingford now faces suspension or revocation of his right to practice law under an Indiana Supreme Court disciplinary procedure triggered by the guilty plea.

Davis gave him until Oct. 24 to begin serving his sentence to allow an orderly shutdown of his legal practice.
- How many average citizens get all these breaks?  As soon as they plead guilty and are charged, they are put into jail then.  This man gets a month or two to shutdown his business and other things.  Why is he being treated any different?  He must be buddies with the judge or someone else.

Wallingford and Voyles left the courthouse without commenting. They told Davis they would consider the matter before deciding whether to appeal the sentence.

Powell, the special prosecutor, said he was pleased with the outcome.

Reporter Harold Adams can be reached at (812) 949-4028.

FL - 'Predator' sting group rejects judge's order

View the article here



BUNNELL -- Perverted Justice, the controversial group that worked with "Dateline NBC" in its "To Catch a Predator" sting in Flagler Beach, refused to comply with a judge's order to allow an expert to examine its computer, defense attorneys said during a hearing Thursday.

But it may be a non-issue if defense attorneys accept a plea agreement offered this week by prosecutors. Ted Zentner, who spoke for a group of four defense attorneys at the hearing before Circuit Judge Kim C. Hammond, declined to reveal details of the offer.

Prosecutor Jennifer Carlson, who Zentner said made the offer, could not be reached for comment. No one at Perverted Justice could be reached for comment.

If the case is not settled, then Perverted Justice's refusal to allow access to its computer would have to be dealt with, Zentner said after the hearing.

Zentner represents Todd Spikes, 43, a former Alabama police officer who was fired after his arrest during the sting. Zentner also represents another man arrested in the sting, Daniel Kelly, 46, of Clearwater.

Spikes and Kelly were among 21 men who police said had sexually explicit online chats with decoys posing as children and then drove to a house in Flagler Beach to meet what they believed to be children during the sting in December 2006.

"We need to have somebody check their computer to make sure the logs as prepared are true and accurate statements of the actual chats," Zentner said after the hearing at the Kim C. Hammond Justice Center. "That's what the analysis was going to do for us. It was going to give us basically verification of the truthfulness of the chat log. And, without that, we have no way of determining whether they are, in fact, true and accurate. Because anybody can type anything in a chat log; that doesn't mean that's what was discussed online."

The problem is not with prosecutors but with Perverted Justice, said Mark Rosenblum, an attorney who represents Michael Reyes of Branford, who was also arrested in the sting.

"(Perverted Justice comes) across as if they were a law enforcement agency, or at least a quasi-law enforcement agency, and then when a judge like Judge Hammond orders them to do something, they flaunt it," Rosenblum said.

Zentner said he and the other defense attorneys sent an expert to check the Perverted Justice computer in Louisville, Ky., only to have the person turned away without reason and despite the order from Hammond.

NBC pays the controversial Oregon-based group, which has volunteers pose as minors in Internet chat rooms where the topic sometimes turns to sex. Dateline then sets up sting houses, where cameras film anyone who shows up to meet actors they thought were minors.

Other defense attorneys present Thursday included Fritz Scheller, who represents Oanh Le of Orlando, and Harrison Slaughter, who represents Michael Collins of Apopka.

Spikes, who lives in DeFuniak Springs but had commuted to work in nearby Florala, Ala., was one of the more notable arrests in the sting since he was a police officer. Spikes is charged with attempted lewd or lascivious battery, two counts of lewd or lascivious exhibition, and computer pornography and child exploitation.