Thursday, November 5, 2009

TX - Sgt. John Foster talks sex offenders

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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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


CA - Report: Teen admits to killing Mendota 4-year-old

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11/05/2009

By Pablo Lopez

Suspect, 14, says he killed Mendota boy after molesting him

A Mendota 14-year-old confessed to killing a 4-year-old neighbor because the boy was going to tell his mother the teen had molested him, according to a court affidavit made public Wednesday.

The affidavit is in the criminal case file for _____, who sat in shackles and showed no emotion in his first appearance in Fresno County Superior Court, where he is being tried as an adult.

After a brief hearing, lawyers decided to delay the teen's arraignment in the murder of Alex Christopher Mercado until Tuesday.

Lawyers would not comment on the evidence, but an affidavit in support of _____'s arrest warrant describes a chilling, detailed confession in which the teen admitted he drowned Alex in a bathtub.

According to sheriff's detective Sergio Toscano's affidavit, _____ initially said he had nothing to do with the child's disappearance.

The detectives asked _____ how the boy ended up dead in the _____ family's clothes dryer.

_____ said, "Maybe someone broke into his home and put the victim in the clothes dryer," according to the affidavit.

The detectives encouraged _____ to be honest.
- This is a child.  Did anyone read him his rights and get him a lawyer?

In the tape-recorded interview, _____ finally said he lured Alex to his Tuft Street home by telling the boy he had something to show him. He led Alex to a bathroom and told him to take off his clothes, the affidavit said.

_____ then molested the boy, Toscano wrote.

While putting on his clothes, Alex tripped and hit his head on the bathtub, _____ told Toscano. The boy started crying and said he was going to tell his mother, the affidavit said.

At that point, "_____ said he panicked and decided to kill the victim by drowning him in the bathtub," Toscano wrote.

The teen turned on the water and filled the tub just enough to cover Alex's face. He held the boy's head underwater for two to four minutes.

_____ got into the tub and held down the boy until he died, the affidavit said.

"_____ said he hoped the whole ordeal would go away," Toscano wrote.

But the next day, on Halloween, officials from the FBI and the Sheriff's Office searched the teen's home as part of a door-to-door operation and discovered Alex's body in the dryer.

The 5-foot _____ is being held in the Juvenile Justice Campus south of Fresno. His bail is more than $2 million.

A criminal complaint charges _____ as an adult with first-degree murder and four special allegations associated with that charge -- that it was committed along with child molestation, sodomy, and kidnapping, and in order to silence a witness. _____ also faces separate felony charges of kidnapping, sodomy and child molestation.

If convicted, the teen faces up to 47 years to life in prison.

Alex's killing still has people on edge in Mendota, and the new details will likely increase the tension, City Council Member Joseph Riofrio said Wednesday. "People are still hurt and shocked," he said.

But Riofrio said residents are starting to feel safe, regarding Alex's death as an isolated incident, Riofrio said.

"The good people of Mendota are coming together to help not only Alex's family, but also _____ and her family," he said, referring to the suspect's mother. "That's they way it should be."

The sheriff's spokesman, deputy Chris Curtice, said investigators have not received any information "that would lead us to believe that there are other victims."

In court, _____'s eyes darted around the crowd, searching for familiar faces among the armed bailiffs and television cameras. He smiled briefly when he saw his mother, her eyes filled with tears.

Judge Jon Nick Kapetan delayed the arraignment until Tuesday after the teen's court-appointed attorney, Kathy Marousek, said she had not had a chance to review the Sheriff's Office's investigative reports.

Outside court, _____ declined to comment. But _____'s grandmother, _____, said, "He's a nice kid. We don't know what happened."

_____ has described herself as a single mother, and Riofrio has said the teen's father has been "out of the picture." According to a KFSN (Channel 30.1) report Wednesday evening, _____'s father, _____, is a convicted sex offender who spent three years in prison.

The station reported that _____ had filed for divorce in 1996. Citing a Fresno County Superior Court complaint, the station reported that _____ was convicted of molesting a Mendota boy.

Alex's family did not attend the Wednesday court hearing.

Matt Flood, a friend who is acting as spokesman for Alex's family, said the family has been busy with funeral arrangements. But they are aware of the details of Alex's death, he said.

"There's a certain sadness for this boy because of what he did," Flood said. "Alex's family feels sorry for the perpetrator and his family because in the end they will have to live with it."


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


KS - Former Police Officer Sentenced For Child Sex Crimes

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11/05/2009

By Megahn Snyder

A former Conway Springs police officer could spend the rest of his life in prison for sexually abusing a child.

Bradley Whorton was sentenced Thursday morning. He will be eligible for parole in 25 years.

Earlier, he pled guilty to two counts of criminal sodomy and two counts of indecent liberties with a child.

The child's mother pled guilty in May 2008 to allowing Whorton, who was her boyfriend, to abuse the child. She spent a year on probation.
- Once again, she helped contribute to the sexual abuse, but gets one year probation.  Another female getting a slap on the wrist!

Whorton spent three months on the Conway Springs force. The chief there says he didn't know about the investigation until after Whorton was fired for breaking department rules.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OH - Lawyers fight law on sex offenders before Ohio Supreme Court

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To watch the videos of these hearings and read more about this, click here, here and here. Or, visit the archives.

11/05/2009

By James Nash

Thousands of registered sex offenders would be subject to less-stringent reporting requirements if defense lawyers succeed in challenging parts of a 2007 state law intended to crack down on sexual criminals.

The attorneys told the Ohio Supreme Court yesterday that the get-tough law was applied illegally to more than 26,000 sex offenders who were sentenced before it took effect.

In addition, the lawyers said, the measure penalizes people who commit sex offenses before they turn 18 by requiring them to continue to register as sex offenders well into adulthood.

The state's highest court heard four cases yesterday challenging Senate Bill 10, which created a new system for classifying sex offenders based more on the severity of the crime than the likelihood of committing future offenses.

More than half of the offenders were placed in the most-serious category -- sexual predators -- who are required to register every 90 days for life.

Jeffrey M. Gamso, a Toledo lawyer who argued one of the cases, said the law had more to do with securing federal funding under the Adam Walsh Act than protecting Ohioans.

"Is the sheriff really keeping tabs on all those people?" Gamso asked in an interview. "We know that some people will re-offend, and we want to be able to target those people."

"You want to find the needle in the haystack, and what this does is build a bigger haystack."

State Sen. Timothy J. Grendell, R-Chesterland, said the law makes it easier for the public to monitor the whereabouts of registered sex offenders on the Internet and through mandatory notices to neighbors.

"The policy decision, from my perspective, was based on protecting public safety," Grendell said. "The timing was based on us being told we'd get an additional 10 percent (in Adam Walsh funding) if we did this by a certain time. We would not make public policy just to get money."
- Yeah right, like I believe that.  What's all this fraud stuff about?

The four cases:

• Three adult sex offenders from Huron County who were classified as sexual predators under the 2007 law say it's unconstitutional to subject them to a "punitive" law that didn't exist when they were sentenced.

Gamso, who represented the men, said lawmakers can't step in and redo classifications for sex offenders that already were determined by judges.

David M. Lieberman, an assistant attorney general who represented the state, said lawmakers had no choice but to revise the state law to comply with the Adam Walsh Act.

• _____, who was convicted of sex with a minor in Warren County in 2006, was reclassified from a low-risk sex offender under the old law to a medium-risk offender.

His attorney, Jason A. Macke, argued that _____ and others who were reclassified should have had access to lawyers during that process.

Lieberman, who again represented the state, said defendants are entitled to legal representation only when they face the deprivation of liberty or fundamental rights such as privacy. That isn't the case here, he said.
- BS!  Being tiered into a higher level, does deprive someone of more liberty and rights!

• _____, who was convicted in Allen County of three counts of rape at age 14, contends that he shouldn't be subject to the same registration requirements as adult sex offenders.

Brooke M. Burns, his attorney, said studies have shown that there's a better chance of rehabilitating youthful sex offenders than adults.

Christina L. Steffan, the attorney for the Allen County prosecutor's office, said juvenile offenders are given adult legal protections -- such as the right to lawyers and a jury trial -- before their names are added to the sex-offender database.

• A juvenile sex offender known only as _____. was classified as a sexual predator and must report to authorities into adulthood even though he has responded very well to treatment, said Burns, who also represented _____.

She said the rigid classifications "disincentivize children from doing well in treatment."

Assistant Licking County Prosecutor Alice L. Bond said the current sex-offender law allows people convicted as juveniles to petition a judge to be declassified as sex offenders in three 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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NC - Police: Student was not sexually assaulted

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11/03/2009

East Carolina University police arrested a student Monday on charges of filing a false police report in connection with an alleged sexual assault on campus last summer, university officials said.

Shadia Antoinette Moore, 21, told ECU police on June 24 that she had been sexually assaulted in a stall in a first floor rest room in the Austin Building on campus, a department spokesman said in a news release issued Tuesday.

An extensive investigation, including laboratory analysis of evidence by the State Bureau of Investigation, established that there was no assault, police said.

Moore was arrested Monday on a misdemeanor charge of filing a false police report. She was released from the Pitt County Detention Center on $1,000 unsecured bond.

Our primary concern is the safety of the ECU community — students, faculty, staff and visitors,” ECU Police Chief Scott Shelton said in the release. “We take every reported crime seriously, but at the same time, we must be vigilant for false reports that ... cause unnecessary concern and worry on the campus.”


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


AL - Fed appeal court upholds sex offender requirements in Georgia

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11/05/2009

A federal appeals court has upheld an aggressive federal program aimed at tracking and monitoring sex offenders.

ATLANTA (AP) -- A federal appeals court has upheld an aggressive federal program aimed at tracking and monitoring sex offenders.

The ruling by the 11th Circuit Court of Appeals on Thursday marks the first time an appeals court in the circuit has upheld the Adam Walsh Act, a 2006 law that aims to create a national sex offender database and creates stiff penalties for those who fail to register.

It stems from the case of USA v. Brown, who was appealing his 2008 conviction for failing to re-register as a sex offender after moving from North Carolina to Alabama. Brown had argued the new requirements were "impossible" to comply with because he never received notification about them.

The three-judge panel's ruling, however, concluded there was "no due process violation."


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OH - AWA and the Separation of Powers

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11/05/2009

By Russ Bensing

Back in 1999, Christian Bodyke pled out to a B & E and a count of sexual battery. He got six months on the former and two years on the latter, run concurrently. The court also determined that he was a “sexually oriented offender” — at that time the lowest level of classifcation — and thus had to annually register with the county sheriff for the next decade.

In early December of 2007, Bodyke got a letter from the Ohio Attorney General telling him he’d been reclassified as a “Tier III” offender. Now, he’d have to register with the sheriff every ninety days. Not just in the county that he resided in; he also had to register in the county where he was employed, and if he went to school somewhere, that county as well.

And not just for the remaining two years of his notification requirement. He’d have to do that for the rest of his life.

Bodyke’s case was argued in the Ohio Supreme Court yesterday, the third time a new sex offender registration act has made it to the high court. The predominant issue has been the retroactive effect of the laws: past offenders, like Bodyke, have found themselves facing more onerous registration and notification requirements than when they were convicted. That argument’s never made any headway: it was rejected in State v. Cook the first time it was raised when the Ohio legislature passed its version of Megan’s law in 1996, and again in State v. Ferguson, when the laws were tightened. (Ferguson was little more than an advisory opinion: it applied to the law before the Adam Walsh Act was implemented, but was decided after AWA went into effect.)

The court has rejected the retroactivity challenges by holding that the laws in question are “remedial,” rather than punitive. This fiction has become increasingly harder to maintain; while Cook was a unanimous decision, by the time Ferguson was decided, three Justices — Lanzinger, Lundberg Stratton, and Pfeifer — dissented on the grounds that the increasingly onerous registration and notification requirements of the law had moved it out of the “remedial” category and into “punitive” territory.

But the bigger problem for AWA comes from the fact that judges, especially those on the Supreme Court, don’t like to be told what to do, particularly by people who aren’t judges. Under the old sex offender law, judges got to make the determination of who was a “sexually oriented offender,” an “habitual sexual offender,” or a “sexual predator.” To be sure, there wasn’t a whole lot of work involved in the first two classifications: if you committed a sexually oriented offense, then you were a sexually oriented offender, unless you’d done it before, in which case you were an habitual sexual offender. As for the sexual predator, the judge got to consider a whole laundry list of factors, as well as anything else he could think of and, if that didn’t do the trick, he could always flip a coin. The bottom line was that whatever a person’s classification was, there was a journal entry with a judge’s signature on the bottom telling him that.

Not so with AWA. All the guesswork is gone: commit a rape, you’re a Tier III offender. Have sex with a fifteen-year-old if you’re twenty, you’re a Tier II. Grope a woman in a bar, you’re a Tier I. And it’s not a judge who tells you that, it’s the attorney general.

And that’s where the attorney for the AG’s office ran into a buzz-saw yesterday. He began by creating an additional problem: he told the justices that AWA was passed because the Federal government told Ohio it “had” to pass the law. However much the concept of federalism has eroded from what the Founders might have intended, the idea that Congress could tell state legislatures what laws to enact was a bit too much for Justice Lundberg Stratton. Under questioning by her and Chief Justice Moyer, the assistant AG finally conceded what everybody knew: the reason Ohio passed the law was to become eligible for certain funding from the Justice Department, which was to go to states which were in “full compliance” with the Federal mandates. Three years later, no state is in full compliance. Ohio is closest, but the joke’s on us anyway: no money was ever appropriated for the special funding.

But if the assistant AG was unsettled by getting it wrong on the Federal “mandate,” he had to be positively unnerved by the next question from the Chief Justice:

I’d like you to talk about the separation of powers issue. I want to make sure… that we don’t give to another branch of government the authority to undo a judicial order because the General Assembly has decided, for whatever reason, “We simply want to change the order”… How does the General Assembly… give to the Attorney General’s office the authority to undo, to change, a court order?

Moyer’s vote is critical for the State; he was one of the four-member majority that barely upheld the sex offender statute in Ferguson last year. The nice thing for the defendants in this situation is that they can go shopping for a majority, picking up a vote here on separation of powers, a few votes there on retroactivity…

Frankly, the debate on the finer legal points of the law obscures the real reason for tossing it: it’s stupid. Just about every study done of such laws show that they have no impact on the number of sex crimes committed, the number of sex offenses against children, or the rates of recidivism of sex offenders. In fact, by overclassifying offenders — 26,000 offenders were reclassified to Tier III by AWA — they tend to strain the budgets of law enforcement officials and prevent them from keeping an eye on the most dangerous offenders.

But if they want to get rid of it, separation of powers will do just fine.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


MI - Court : Making juvenile sex offender register is unconstitutional

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11/04/2009

By Dawson Bell

Requiring a youthful offender convicted for having sexual relations with an underage girl in a Romeo and Juliet relationship to register as a sex offender is unconstitutionally cruel and unusual punishment, a state Court of Appeals panel has decided.

The three-judge panel, in a unanimous ruling released this morning, said forcing the youth to comply with Michigan’s sex offender registry act even after he completed probation and his criminal record was expunged is unduly harsh and did not serve the interest of protecting the public.

The Muskegon area defendant was 18 in 2004 when he was convicted of attempted third-degree criminal sexual conduct for having relations with his then 15-year-old girlfriend. After completing probation, he was required to register as a sex offender for 10 years, a condition which the defendant said made it virtually impossible for him to find work.

The court noted that the Legislature changed Michigan law on Oct. 1, 2004, to lift the sex offender registry requirement from those involved in youthful, consensual relationships.

The court also said the defendant was never deemed a threat as a sexual predator, and had since married the purported victim in the case.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


UK - 'Sex fantasy' woman alleged double rape

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11/05/2009

TWO POLISH men were falsely accused of rape by a North Devon woman who did not want her boyfriend to find out about their threesome, it was claimed at Exeter Crown Court.

The incident was alleged to have taken place at Capstone in Ilfracombe, in 2007 — on the same night that students from Ilfracombe Arts College were enjoying their School Prom at the nearby Landmark Theatre.

Chloe Dolton, now 22, told police that the men grabbed her and repeatedly raped her on Capstone Point, as she walked home from a party in Rupertswood Terrace.

But when _____ and _____ were arrested, they told police that Dolton approached them for consensual sex.

A jury was told that CCTV and mobile phone records backed the men's account, rather than Dolton's.

Officers also discovered a document on her computer from a month before the incident, entitled The Life of Chloe Dolton, which said: "I should be out having fun with every boy I meet, having sex with whoever I like."

Dolton, of Barton Lane, Braunton, pleaded not guilty to intending to pervert the course of justice, when her trial began on Monday.

Prosecutor Joanna Martin said Dolton told police she had been raped, in the early hours of June 30, 2007.

She had earlier told a neighbour and then her boyfriend who drove her back to the scene and discovered two condoms which he handed to police.

Mr _____ and Mr _____ were two friends from Poland who were living in Swindon and had visited Ilfracombe that night.

Dolton, who was living in Grenville Road at the time, said the pair grabbed her, as she walked home from the party.

She told police that she was walking up to Capstone Point and was near a stone shelter on the cliff.

"She told them that two foreign men grabbed her and raped her in the bus shelter," said the prosecutor. "She had screamed and tried to push them off but failed."

Dolton said she later managed to escape onto Wildersmouth Beach.

Both men were arrested the next month and interviewed separately.

They each said she had approached them in a car park, after they had been drinking at Jaxx nightclub.

She had been friendly, chatty and had led Mr _____ to Capstone Point, after he put his arm around her.

They kissed and had consensual sex, while Mr _____ was left behind in the car park.

The two men then described all three of them going for a further walk together, before Dolton had sex again with Mr _____ and she then performed a sex act with his friend, before they all left.

When police examined CCTV, it showed Dolton in the car park, then walking away with Mr _____ while his friend waited in the car park.

The prosecutor said that Dolton had also received phone calls from her boyfriend, around the times that the men had described.

Miss Martin told the jury about Dolton's piece of writing a month before the incident, which said: "I'm having a crisis. I can't stand being in this relationship. I'm so bored of my life."

The writing mentioned a man she wanted to have sex with and added: "I'm such a hateful girl, such a selfish girl, let God forgive me."

Miss Martin said: "What she did was fulfil her fantasy of having sex with whoever she felt like because she was disinhibited by alcohol and had argued with her boyfriend. But once she did it, she couldn't cope with the shame."

The jury was told that Dolton insisted she was telling the truth, when questioned by police, and had stuck by her version of events.

The trial continues.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


MI - Prisoner (sex offender) bloodied, guards fired

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11/04/2009

By Leon Hendrix

IONIA (WOOD) - No one is disputing that _____ sustained facial injuries and two broken teeth while he was inside the Ionia Maximum Correctional Facility.

What is contested is who's at fault: _____, five corrections officer who were fired over the incident, or the state of Michigan.

_____ and _____ are _____'s parents. Their son, 23, described staff corruption at the prison in letter after letter.

On October 28, 2008, _____ was injured when five corrections officers -- the Emergency Response Team -- entered his cell because, officers said, he wouldn't return an item that could be used as a weapon.

His lunch tray.

"He don't got no front teeth," his mother, _____, said. "They beat the hell out my son. Is they crazy?"

She said she is "outraged. I'm mad. I don't care what anybody says. I am very upset about this."

The state of Michigan shared the sentiment and fired the officers all at once, a termination that is very rare. Of the 91 corrections workers the state fired this year, only eight involved excessive force.

"We don't tolerate it. I can tell you that," said Michigan Department of Corrections spokesman John Cordell. "We don't tolerate excessive force in out department."

Carlos Castillo was one of the five officers fired.

"Your adrenaline is pumping," he told 24 Hour News 8. "This is a maximum security prison and most of the calls where the response team is needed is in our administrative segregation unit which houses the worst prisoners that Michigan has to offer."

They wear helmets and padded gloves similar to that worn by police riot teams, and have chemical agents if needed. The prison videotapes all cell extractions.

At the cell door, officers restrained _____' hands and legs. That was Castillo's role.

_____ let Castillo put him in restraints. But shortly after officers entered the cell they say was flooded with toilet water, they say _____ began resisting and spitting at them, forcing them to gain physical control of him.

Castillo ran into the cell. "Something was going on in there. So I had to respond."

The video doesn't show much. The cameraman was not positioned to see what was happening inside, but even so the state said they have compelling evidence of excessive use of force.

"I have an 180-page document that shows and substantiates an excessive use of force in this case during the cell rush," said MDOC spokesman Cordell.

But the state won't release that document to 24 Hour News 8. The officers say _____ caused his own injuries, resisting, falling and hitting the floor.

_____, imprisoned for felonious assault and criminal sexual conduct, had previously been in trouble during his prison sentence.

"In the past 27 months the prisoner has received 51 misconduct violations," Cordell said. "That's significantly above what we have seen in most of our prison population."
- So what were they for, reporting corruption? So you beat him down, or found fault in anything?  I know about guards ego's and corruption, I've seen it.

But the state says a prisoner's past behavior has no bearing in cases such as this.

"No matter what a prisoner does previous, we look at the totality of the circumstances in the given incident to determine whether appropriate force was used or not," Cordell said.

After _____ was restrained, Castillo said he didn't touch him again. But he was fired with the other four officers.

The Department of Corrections maintains Castillo used excessive force, failed to report violations and fasified documents.

But in a Department of Corrections internal memo written to human resources, the prison warden said he's not convinced Castillo is guilty of any of the charges.

"They made a mistake by firing all of us," Castillo said, adding that wasn't their only mistake. He said he wasn't trained on cell extractions.

Cell extractions happen frequently at the Ionia Maximum Correctional Facility. So do prisoner complaints of excessive force.

"It's common for an incident like this to occur and then it has to be investigated of course," Castillo said, "but you do find yourself back at work."

But not this time, at least for Castillo and one other officer. Three of the five have a chance to get their jobs back through arbitration, someone outside DOC reviewing the case.

But Castillo and Matthew Van Aken aren't entitled to the same rights of arbitration because they are new, probationary employees.

Should they have been on the Emergency Response Team in the first place?

The state says yes. But the officers union contract with the state reads, "It is the intent that the probationary employee will not be placed in an assignment which poses an unusual risk of physical assault by prisoners."

The prison spokesperson told 24 Hour News 8 he does not know whether cell extractions qualify as an unusual risk.

Officers say it's the most dangerous thing they do, that prisoners have been known to escape restraints.

But Castillo said, "I wasn't trained to be on the response team. I was a probationary employee."

And records show that only one of the officers had emergency response team training.

While the state told Target 8 investigators officers could learn the necessary skills during other training, the union quotes the state's own use-of-force policy as saying specific cell rush training is required to perform them.

The state holds it's OK to put probationary employees on response teams, but 24 Hour News 8 has learned that the Ionia Maximum Facility now no longer allows it.

"I wish they had that in place prior to this incident," Castillo said. "It's just an unfortunate incident that took place."
- What would you do if this was your son some guards beat the hell out of?

_____' parents say Antonio hasn't been the same since the beating.

"Tony used to joke. Tony was like a joker. He'll make jokes. He'll make people laugh," _____ said. "I don't see that in my son no more." All I see is just, _____ is just, _____ not _____ no more. It's like they took my son away."

And Castillo, a former Marine, may never work in his chosen field again. "Stepped off the battlefield and into the prison, into corrections. Because of this event, I'm not able to work in corrections or for the state. Because this is on my record now, employers kinda look away from it."

Both the Castillo and _____ families are now looking for lawyers.

Castillo wonders why he was fired. "That's why I wanted to bring the story to you so I could get some answers." He said he saw no wrongdoing by any of the officers and hopes they all get their jobs back.

"That's part of my job is to also protect prisoners," he said. "I have a duty to protect them as well as my officers."

The _____ family said they've lost hope in a system they once trusted.

"When he got convicted I looked at my wife and I told her, I says at least we we'll know where he's at at night. We won't have to worry," said _____. "Because we had faith in the system, you know, we were well secure in that they will take care of him."

"I think the state did make a right move by firing them. Yes," said _____. _____ added, "They'd be making a big mistake if they reinstate them."




"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OH - World News with Charles Gibson - Registered Sex Offender Kills Ten? System is overwhelmed!

Click the Anthony Sowell link above for all related posts. It's funny, everyone seems to be showing what true hypocrites they are now. And they are claiming sex offenders have rights now.... It's about d--- time! And yes, they do, regardless of how the public feels about a person, all people have certain rights. Even in this video, Ernie Allen says the system is broken!

Go here and voice your opinion!




"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


VA - Plea deal spares Albemarle woman in child porn case

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Another sweet deal for a female. If this were a man, you can bet they'd be in prison for a very long time, yet if you are a woman, you will pretty much get a slap on the wrist. I hate to sound sexist, but darn it, these double standards need to stop.

11/05/2009

By Tasha Kates

An Albemarle County woman has admitted she downloaded child pornography, but she won’t have to register as a sex offender.

_____, 28, pleaded guilty Wednesday in Albemarle Circuit Court to 10 counts of possession of child pornography as part of a plea agreement. Judge Thomas H. Wood gave _____ a 10-year suspended prison sentence, a year of probation and 10 years of good behavior.
- So one year probation, nothing else.  Wow, what a sweet deal!

_____, a mother of two, worked at a daycare facility prior to her arrest. Darby Lowe, deputy commonwealth’s attorney, said in court that _____ searched the LimeWire file sharing service for the images featuring younger children and looked at them while her husband slept.

It was like seeing a bad car accident. You just keep looking at it,” Lowe said in court, reading a report detailing police conversations with _____.

Authorities with local Internet Crimes Against Children units discovered through advanced software that a computer from _____’s home was downloading the illegal images in April 2009, Lowe said in court. _____ initially told police that she had downloaded the images accidentally.

Defense attorney Scott Goodman said in court that _____ was a victim of sexual abuse as a child, which appears to be the reason she viewed the images. Goodman said his client’s mental health evaluations showed that she didn’t have a sexual attraction to children.
- Being a victim of sexual abuse doesn't excuse it, many who have been labeled a sex offender for less were also sexual abuse victims, and they did not get a sweet deal like she did.

Under the plea agreement, Lowe said in court, _____ won’t face additional charges for other illegal images she is alleged to have downloaded. Lowe said _____ also won’t have to register as a sex offender because the statute doesn’t call for it in cases where a person only possessed, not distributed, child pornography.

After _____’s arrest, Goodman said in court, she was separated from her young children for two weeks while the Albemarle Department of Social Services did an investigation that ultimately didn’t turn up abuse or neglect.

_____ did not say anything on her behalf.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Sex offender beaten while picking persimmon

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This is what spreading lies and bogus statistics does, it stirs up fear and vigilantism.

11/04/2009

By PATRICIO G. BALONA

NEW SMYRNA BEACH -- A sex offender's craving for persimmon was cut short by a punch to the ear from a neighbor who lived near the wild tree the convicted molester was perusing, deputies said.

The neighbor, Chad T. Bunfill, 38, was arrested Monday on a charge of battery on a person 65 or older, a sheriff's report said. Bunfill got out of jail after posting $1,500 bail, court records show.

No one answered the phone at Bunfill's home this afternoon.

The man on the receiving end of Bunfill's clenched fist, _____, 68, recently had open heart surgery and walked in the mornings while it was cool, a sheriff's report said. _____ pleaded no contest to lewd and lascivious assault on a child younger than 16 in 1999, and after less than three years in prison is still on seven years probation, court records show.

The wild persimmon tree was on the edge of a vacant lot across from _____'s home and not on Bunfill's property, deputies said.

According to the report, _____ was out on his walk at 7:43 a.m. Monday when he stopped in front of the vacant lot near Bunfill's property, across from his Mills Drive residence. _____ was checking for ripe persimmons to pick. That's when he heard Bunfill behind him shouting and cursing at him, calling him a baby rapist and sex offender, the report said.

_____ said a yelling Bunfill approached and punched _____ on the left side of the face and ear. _____ tried to get away from Bunfill, but the neighbor followed _____ and threatened to kill him, the report said.

Bunfill's girlfriend, _____, said the confrontation between her boyfriend and _____ happened while she was taking her 8-year-old twin daughters to Read Pattillo Elementary School when she saw _____ come out of the woody vacant lot. _____ said she has seen _____ walking in the mornings for the past two weeks.

"I have always told my daughters to stay away from him," _____ said.

_____ told deputies _____ had his back to them and did not see or speak to them when she left with the children. _____ said she called Bunfill to alert him that _____ was near their home, the report states.

Deputies asked Bunfill if he hit _____ and Bunfill looked down and swallowed so hard that a "gulping" sound was heard. He answered "no," the report states.


"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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


KY - Sex Offender Next Door

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11/04/2006

Two Kentucky Supreme Court rulings over the last five weeks have changed the way Kentucky treats convicted sex offenders - and, most important, where they can live.

In the first two parts of a series entitled, "The Sex Offender Next Door," ABC 36 News took a look at the sex offender registry maintained by the Kentucky State Police. There's a link to the site on wtvq.com.

With just a few words and mouse clicks, you can find out where every one of the nearly 7,800 convicted sex offenders in the Commonwealth live, whether any live near you, or in a place to which you're considering moving.

We looked at Osage Court in Lexington, off Woodhill Drive, and discovered six convicted sex offenders living nearby - four of them on Osage Court alone. Residents are none too happy about their neighbors with a past.

"I'm not judging anyone, who am I to judge, I just know that I just don't approve of them living out here with two many kids out here. There's so many kids out here," said Vanessa Patterson.

The Sheriff's department is charged with notifying people when sex offenders live nearby, but the sex offender registry allows you to ask to be notified when a particular offender moves.

Where sex offenders can live has changed considerably over the years. A 2006 state law prevents most of them from living within 1,000 feet of a school, public park or day care center. October 1, the state Supreme Court ruled the law unconstitutional for applying the residency restrictions to people convicted before the law was passed.

A look at the registry shows how the law has resulted in some areas with no sex offenders and others with clusters.

In Lexington, area code 40509 has 31; 40502, just 11.

While most people say, "Not in my neighborhood," when it comes to sex offenders, Ginny Ramsey of the Catholic Action Center has tried to find places to live for some of them. Ramsey said she supports the registry but believes the residency restrictions leave convicted sex offenders few affordable places to live.

"So those who were released from jail or prison would end up on the streets and end up back in jail or prison for non-compliance," she said.

The registry shows the sex offender's crime, and allows state police to let you know when a particular sex offender moves - if he or she has followed the rules.

Thursday, in part two of "The Sex Offender Next Door," ABC 36 News will examine what sort of crimes the men and women on Kentucky's sex offender registry have committed - and the battle over where they can live.

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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, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved