Monday, August 24, 2009

FL - Women March Nearly Topless On Miami Beach

Once again, the woman can do no wrong! They should all be arrested and put on the sex offender registry for lewd conduct. If a man walked around exposing himself, he'd be arrested. What would they do if men were walking around with their nuts hanging out saying "Free your nuts, free you mind?"

I bet all the perverted cops are all for this.

Raëlism? That explains it!

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


CA - Sex Offender Gets 36 Years For Threatening Journalists

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This was nothing but media vigilantism. If they would've done their job, and reported "news" and let the police handle their own jobs, this would have never happened. Many ex-sex offenders are getting sick and tired of all the harassment, so this does not surprise me one bit, neither does the sentence he received. Yet someone else can threaten a ex-sex offender, and they get slapped on the wrist or turned loose, but, the man also should have just told them to get off the property and shut the door. I do think the sentence is harsh. The man was trying to protect his own family and himself from the vigilante media outlet. I am willing to bet the judge and jury did not see the second video either, where he clearly was remorseful for what he did, due to the media provoking him.

08/24/2009

By Matthew Keys

MODESTO - _____, a registered sex offender who threatened six journalists in front of rolling cameras last November, has been sentenced to a minimum term of 36 years in prison.

The 45-year-old man originally faced 25 years to life for each of the six people he threatened. Media crews from Sacramento, including a reporter and photographer from FOX40 News, were attempting to gather a reaction from _____ following a community meeting in which residents expressed concern about a registered sex offender moving in to their area.

In an expletive-laced tirade, _____ confronted reporters with a box cutter in front of his family's home.

"If this goes in the media, I'm going to hunt down every one of you," _____ shouted to reporters from KCRA, News10 and FOX40. "A life for a life sentence."

Judge Ricardo Cordova, presiding over the case in Stanislaus County Superior Court, says after reviewing the footage provided by the stations, he felt _____ was justified in telling the media to leave his property, but crossed a line when he confronted the reporters and photographers with a weapon.
- I agree.

_____'s public defender, Maureen Keller, said the media was also to blame for the actions of _____.
- I agree.

"They went out there to get the most exciting news story they could," Keller was quoted as saying in The Modesto Bee, implying the media sought out to create a sensationalistic story rather than acquire different perspectives on the subject.

_____ had previously been charged with burglary, assault and five felony charges in one rape case, all of which he had served time for upon his release in November.

WARNING: Adult language, discretion advised!

What about Tammy Gibson, who attacked a sex offender?
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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


MI - Police say sex offender was targeted, stabbed to death

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Once again, being on the registry brings death at the hands of a psycho vigilante murderer. And yet more proof the registry needs to be taken offline and used by police only. The public has proven over and over again, that they cannot handle the information. See here for proof! I would advise all ex-sex offenders to get security cameras outside and inside their homes.

08/24/2009

By Mike Martindale

Holly Township -- _____ was an admitted sex offender and out of jail for less than a week when he was stabbed to death inside his home in what authorities said was a planned attack.

"There is no way that this was a random killing," said State Police Detective Gary Muir, a 31-year police veteran. "We have strong suspicions that he was targeted, either because of his past activities or something while he was in jail."
- At least they are admitting it, and not brushing it under the rug, and thus proving being on the registry is punishment!

_____, 64, was released last week from the Oakland County Jail after serving 10 months for molesting a 4-year-old family member. He died from multiple stabs suffered when confronting an intruder inside his home on Riviera Shores Drive. He also faced charges in another child sex case in 2004 but was acquitted.

Muir said that about 4 a.m. Sunday, _____'s wife, _____, was awakened by a noise in their tri-level home. When she went to investigate downstairs, she encountered a man who had entered through an unsecured rear doorwall. She began screaming at the man to get out of the house, which brought _____ running to the door.

"Instead of retreating from the house, the man went towards him (_____)," said Muir. "His wife said he said something to the intruder like, 'What are you doing? What do you want? Who are you?'"

The pair struggled briefly before the intruder ran from the house, back out the door he had entered, police said. _____ collapsed, and his wife made a 911 emergency call and applied first aid. _____ was pronounced dead at an area hospital.

A retired General Motors worker and former substitute teacher in Holly, _____ was accused of molesting the boy between July 2006 and May 2007 at his house. At his sentencing, the boy's mother told the judge she felt _____ should be in prison for the rest of his life. Another relative said he felt _____ deserved to be castrated.
- I hope they investigate these people for this murder!

Oakland Circuit Judge John McDonald sentenced him to 10 years' probation and ordered him tethered for nine years. _____ was released from the Oakland County Jail on Aug. 17, where he had been incarcerated since Oct. 20 after pleading guilty to second-degree criminal sexual conduct.

The boy's mother had filed a civil lawsuit against _____, seeking damages for emotional distress suffered by her son, other children, herself and her husband. The lawsuit, filed Aug. 4, alleges a belief that another of the family's children was similarly violated.

The lawsuit also alleges the family has suffered physical and psychological problems as a result of the incidents. A hearing on the matter was set for this week before Oakland Circuit Judge Nanci J. Grant.

Four years before admitting his guilt involving the boy, _____, known by the nickname "Rocky," was acquitted by an Oakland Circuit Court jury in another child sex case: nine charges of sexual assault involving five girls, ages 8-10.

Ann Arbor attorney John Shea represented _____ in both cases."No one of us has the right to take this kind of action into our own hands," Shea said. "Our existence in a peaceful, civilized society rests primarily with our recognizing that. If we don't, we may as well be living in Afghanistan."

When asked if _____ might have been a victim of vigilante justice, Muir said, "We aren't ruling anything out."

Muir noted nothing was stolen and the intruder didn't attack or threaten _____'s wife.

The intruder was identified as a stocky white man in his 20s wearing a dark hooded sweat shirt.

Anyone with information about the incident is asked to call State Police at (248) 6334-4882 or (313) 237-2450.

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


Banishment of Sex Offenders: Liberty, Protectionism, Justice, and Alternatives



Pepperdine University - School of Law

Washington University Law Review, Vol.. 86, p. 1397, 2009
Pepperdine University Legal Studies Research Paper No. 2009/19

Abstract:
Although most sex offenses are committed by relatives or acquaintances of the victims, our public policy approach has been to focus on the stranger sex offender and punish sex offenders through residency restrictions. These residency restrictions effectively banish these locally undesirable and dangerous individuals from our communities in fear that they may reoffend in our neighborhoods. Rather than being thrust into some wilderness, sex offenders are 'banished' to neighboring counties or states and into poor, minority neighborhoods where they often live in boarding houses with other sex offenders.

Banishing sex offenders through these residential restrictions impacts individual liberty, our national structure, and social policy considerations. This Article offers a legal analysis of the adverse impacts these restrictions impose on the constitutional rights of both sex offenders and our communities, which for economic or political limitations do not have the appropriate representation to mitigate these consequences. This Article also examines what methods from the environmental justice movement might be available to deal with the 'social justice' issue of sex offenders disproportionately burdening poor, minority communities. Finally, because there is not yet evidence to support the efficacy of residency restrictions on sex offender recidivism, this Article concludes that legislators should reexamine the current trend of using residency restrictions to address concerns about sex offender recidivism. Instead, public policy decision makers should look toward alternatives, such as individualized risk assessment and management of these individuals, so that public resources can be properly directed to confine, monitor, and treat those sex offenders most likely to commit serious reoffenses.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


CT - Man cleared by DNA after spending 21-years in prison for rape-murder

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08/24/2009

Sixteen-year old Subway sandwich shop employee Kenneth Ireland was planning to join the National Guard. Wallingford, Connecticut police gave him a new career direction—50 years in the Connecticut State Prison for the rape-murder of 30-year old Barbara Pelkey. Pelkey's nude body was found at the former R.S. Moulding & Manufacturing Company in Wallingford in 1986 where she was working the graveyard shift alone. Pelkey was the mother of four. Her distraught husband, Arthur Pelkey, Sr., never got over her death. He committed suicide in 1991. Pelkey's mother and sister raised their children.

Ireland became the prime suspect because Wallingford police, who had absolutely no real suspects, were under considerable media pressure to solve the case. Cops remembered a homeless vagrant who police found, twice, living behind the factory. That vagrant was Kenneth Ireland. When he was around 13-years old, cops found him living in an oversized cardboard box behind a store near the factory. On another occasion they found him living in a storage shed behind the factory.

When they picked him up for questioning, police took a DNA swab. They could not match the swab with DNA material left at the crime scene. The only thing the DNA indicated was that Ireland had the same blood type as Pelkey's assailant. But then, so does 20% of the population. Good enough for the State. The prosecutors buried the information that Ireland's DNA did not match the DNA left by the assailant. They focused on the blood type, like it was conclusive evidence of Ireland's guilt, when they knew there was no DNA match. They should have released Ireland. Instead, they found two witnesses to bolster their case. The twosome agreed to testify against Ireland in order to collect a $20 thousand reward which had been offered for information leading to the conviction of the killer. The newspapers said Ireland was guilty, so what was the harm?

The same DNA that convicted Ireland exonerated him. The DNA proved conclusively that Ireland could not have been the rapist or the killer. But then, it proved the same thing in 1986 when the crime was committed and he was charged with its commission. It still proved he was innocent in 1988 when Ireland was convicted and sentenced to 50-years in prison for a rape and murder the prosecutor knew he did not commit. And, it was the same DNA that proved he was innocent in 2009 when the Connecticut Innocence Project presented it to a Connecticut Circuit Court Judge who dismissed all charges against Ireland and ordered him released from custody.

Ireland lost 21 years of his life because of overzealous prosecution. No amount of restitution can make up for those lost years spent in a prison. The prosecutor who pursued his conviction, but who was not named in any of the media stories about Ireland's release, should be forced to spend the next 21-years of his life in the same 6'-by-12' prison cell with two bunks, a small desk and a toilet—with a burly homosexual roomie named Bruce.

To date, over 240 wrongly convicted people nationwide have had their convictions overturned by DNA evidence. In Connecticut, Ireland was the third person whose convictions were overturned because DNA evidence proved they were innocent.

Also on Wednesday, Aug. 19, the conviction of Ralph Armstrong was overturned in Wisconsin when DNA evidence proved he was innocent. Armstrong was framed for the murder by his brother, Steve, who actually confessed to the 1980 killing of 19-year old University of Wisconsin-Madison student Charise Kamps. Because Dane County Assistant DA John Norsetter liked Ralph Armstrong for the crime, and believed he had enough circumstantial evidence to convict, he did not test the DNA material at the crime scene. Had he done so, he would have learned that Ralph Armstrong was innocent. But, his job was not finding suspects innocent, his job was finding them guilty. Even if they were innocent.

In the early 1990s a remorseful Steve Armstrong confessed that he raped and murdered Charise Kamps to two close friends: Fawn Elaine Cave and Debbie Holsomback. After Armstrong confessed, Holsomback called the Dane County Prosecutor's office and spoke with John Norsetter. She gave him details of the crime that only the killer would have known. Norsetter told Holsemback that he was satisfied that he had convicted the right brother. He was satisfied because Steve Armstrong was dying, or already dead, and even if he was still alive, it was not likely he would live long enough to endure a trial. Norsetter dropped the matter and never investigated Holsomback's claim. Convicting the wrong man is something no career prosecutor wants in his resume. It's not good for votes.

In fact, to protect his own backside, Norsetter destroyed the affidavits of Steve Armstrong's confession given to him by both Holsemback and Cave. In April of 2009, after learning that Norsetter had destroyed exculpatory evidence, Jerome Buting and DNA expert Barry Scheck took Armstrong's case. In their court filing, they said: "[T]he state deliberately suppressed and withheld, for approximately the last 13 years, information that a known third party confessed to the rape and murder of the victim in this case." In their statement they call the confession of Steve Armstrong "...exculpatory evidence supporting the claim of Ralph Armstrong that he is innocent of this crime." The DNA evidence, which Norsetter never tested, proved conclusively that Ralph Armstrong was innocent. While Armstrong has now been exonerated of the rape and murder of Charise Kamps, he still faces charges in New Mexico for parole violation. When Armstrong was arrested in Wisconsin, New Mexico revoked his parole on drug charges, and wants him remanded to their custody to return him to prison in that State. Wisconsin was determined to retry Ralph Armstrong, but on Wed., Aug. 19 prosecutors decided they would not appeal the ruling of the judge who freed him.

The State of Connecticut has reopened the murder investigation of Barbara Pelkey since they now know that a murderer-rapist has been at large in their community for the last 23 years.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


AUSTRALIA - Somebody Think Of The Children - Discussing Censorship And Moral Panic In Australia

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NH - Some sex offenders may leave list

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The entire registry, if kept, should be taken offline and used by police only. Now, it's being used as a hit-list by vigilantes. See here for proof.

08/24/2009

By SHIRA SCHOENBERG

Least dangerous would be exempt

A 20-year-old college student went online in a New Hampshire romance chat room one afternoon and struck up a conversation with a 14-year-old girl. She said she was a virgin who lived at home with her mother. In explicit terms, detailed in court records, the man asked her to meet him so they could have sex.

She agreed, and the man drove to the meeting place. He waited a few minutes, then got back in his car and left, according to court documents. The police pulled up behind him and arrested him. The "girl" he met online was actually an undercover cop.

The man was charged with two felonies. But on a negotiated plea, he pleaded guilty to attempted second degree assault, a felony, and attempted sexual assault, a misdemeanor. He received a suspended sentence and was required to register as a sex offender for 10 years.

The man's mother is state Rep. Jennifer Brown (Email), a Strafford Democrat. Brown has sponsored a bill that would exempt the least dangerous class of sex offenders, which includes her son, from registering on the public sex offender registry.

Brown said people like her son should not be stigmatized publicly.

"He didn't meet anyone," Brown said. "He got there, turned around and left so fast. . . . He went to the meeting, then said, 'I'm just leaving,' and that's what our state calls a criminal."

Brown said her son has graduated college with a degree in finance but cannot get a job. Brown said she has talked to other people on the registry who have had consensual sex with a person who lied about their age. She knows of young men who were caught in stings or lied to, she said, who "cannot speak for themselves and have no advocates."

"What happens when you're young derails your career," Brown told a House subcommittee last week. "You have none. Being on the list is an onerous responsibility."

Brown's proposed change would exempt Tier 1 sex offenders, which includes only those convicted of misdemeanors, from the public list. Those who were exempted would still need to register on a private list with the police department. A Tier 1 sex offender can currently petition to come off the public list five years after he or she completes his or her sentence.

The bill, which had a public hearing in January and was retained by a subcommittee to work on this summer, has the support of the New Hampshire Civil Liberties Union.

"To put all individuals who have committed an offense in a very broad category in the same pot is absurd," said Claire Ebel, executive director of the New Hampshire Civil Liberties Union. Ebel said she knows young men who had consensual sex with a minor who was close in age to them, and their names appear on the public list, under an old law that has since been changed.

In general, Ebel is critical of the idea of a public sex offender list.

"When you place people on the list that can put their lives and properties in danger, you're making rehabilitation a joke and reintroduction into society impossible," Ebel said. "The other part of that is that the public list itself gives a false sense of security. If you live in a neighborhood and don't find anyone on list, a parent might say my kids are safe. They're not."

More effective, Ebel said is educating children about not speaking to strangers and about telling an adult if someone touches them inappropriately. Ebel supports Brown's bill because it removes one class of people from the public list, though she said she would ideally prefer that the state set up an assessment board so that sex offenders were grouped in tiers according to their likelihood of re-offending. Currently, the tiers are based solely on the crimes for which the offenders were convicted.

The bill is facing stiff opposition from the state's law enforcement community.

Associate Attorney General Anne Rice said if the state adopts Brown's bill, it could jeopardize federal funding. According to the federal Adam Walsh Child Protection and Safety Act, all perpetrators of sex crimes against children must be on the public list, Rice said. New Hampshire passed a law that went into effect Jan. 1 that brought the state into compliance with the federal regulations. Up to 10 percent of a federal justice grant could be jeopardized if the state changes its laws. State Rep. Steve Shurtleff, a Concord Democrat who chairs the House Criminal Justice Committee, said that up to $1 million in federal money could be put at risk.
- You see, it's all about money, not what is right, nor constitutional.  Plus, have they actually sat down and saw, that it will cost more to implement the laws to comply with AWA than to not do so?

More significant, many in the law enforcement community said Tier 1 sex offenders are more dangerous than proponents of the bills make them out to be.

Tier 1 sex offenses are all committed against victims under 18 years old. Among the offenses considered Tier 1:
- This statement is not true.  Those who are not deemed dangerous, based on the AWA, are put into this category.  By making this statement and showing a few items to attempt to justify it, is just absurd!

  • Sexual contact with a person age 13 to 18 under aggravating circumstances, which could include using physical force, touching a victim who is physically unable to resist, or coercion by a person in authority.
  • Sexual contact with a person aged 13 to 15, with an age difference of five years or more.
  • Sexual penetration with a person who is incarcerated, on probation or parole by a person in a position of authority.
  • Violation of privacy, including sending out photographs or recordings of private body parts.
  • A second or subsequent incident of indecent exposure.
  • Sexual penetration or contact in the presence of a child.

Tom Reid, deputy county attorney for Rockingham County, who prosecuted Brown's son, is among those who are deeply critical of the bill. Reid is angered by the suggestions that those who would be protected by the bill are young men who have had consensual sex with a younger girlfriend. Under current law, a girl is considered unable to consent until she is 16. But if she has sex with a man within four years of her age, that man does not have to register as a sex offender.

Tier 1 includes more serious offenses, Reid said.
- So why are those not put into Tier 2 or 3 then?

"A defendant who could be any age overcomes a victim through application of physical force or violence, holds a person down and grabs their sexual parts . . . that's a Tier 1 sex offender who the bill would exempt." Reid said. "You could have a 60-year-old man who fondles a 13-year-old child for sexual gratification. This bill would exempt that person."

Reid said Tier 1 sex offenders can include those who are "grooming" a child, buying the child gifts and fondling them, activities meant to lead to sexual relations. "We recognize that person poses a danger and a threat to children in our community," Reid said.

At the subcommittee work session, Sgt. Cheryl Nedeau of the state police, which oversees the sex offender registry, said the registry laws were just changed on Jan. 1.

"By changing them again quickly, it's confusing for law enforcement, the public, prosecutors, who's on the public list and who's not," Nedeau said.
- Every single year the laws change, and it's why police, lawyers and everyone else has a hard time understanding them, or what is required.

Amanda Grady, Public Policy Director for the New Hampshire Coalition Against Domestic and Sexual Violence, worked with law enforcement and advocates on implementing the changes required by the Adam Walsh Act. Her organization also opposes Brown's legislation.

Grady said before the Adam Walsh Act was implemented, some sex offenders were moving to New Hampshire because of its less stringent registration requirements. And changes have already been made to protect the rights of Tier 1 offenders - giving them a process to petition to get off the public list after five years, and changing the statutory rape law to apply to only those with a four-year, not a three-year, age difference. She said that the fact that Tier 1 offenders were only convicted of misdemeanors does not mean their crimes were not serious.

"Often, we have people charged with felonies pleading to misdemeanors," Grady said.

The subcommittee will continue to meet on the issue, and must produce a report by Dec. 2.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)

© 2006-2009 Sex Offender Issues , All Rights Reserved