Wednesday, March 10, 2010

FL - Juvenile sexual offender and victims' family battle over rights

Original Article

03/10/2010

By Isabel Mascarenas

Wauchula - At stake in a Hardee County courtroom are the rights of a juvenile sexual offender and the rights of his young victims, now 10 and 12 years old.

"It's simply impossible to establish protocol that limits a chance encounter with the victim and the victim's family in this county," says Judge Marcus Ezelle.

The _____ and _____ families used to be neighbors. They lived across the street from each other in Wauchula. _____ says her two youngest boys used to play with _____'s younger brother. She says she learned of the sexual abuse on Mother's Day 2007.

"It went on for six to eight months, 15 times give or take," says _____.

_____ appears in the FDLE website as a sexual offender dating back to 2007.

Earlier this year, _____ spotted 17-year-old _____ at her son's basketball game and called police. By court order, _____ is not allowed direct or indirect contact with his victims or their siblings. But with one high school in the county, the state attorney's office wants clarification by what the court means by indirect contact.

Even though _____ is home schooled, state law allows the teen to play on Hardee High School's football team. State law keeps juvenile sexual offenders from being assigned to attend the same school and ride the same school bus, but the law does not include extracurricular activities. As part of _____'s probation, he is supervised 24 hours a day.

"I don't know how he will be supervised on the football team, on the field, the bus, the showers, anywhere," says _____.

_____ says she's fighting to keep _____ and other juvenile sexual offenders out of schools all together. _____ adds, "He's subject to recommit. I don't want another child to become a victim that's what this is about."

The judge says while he decides on the specifics of what "indirect content" means, he's asked both families to be practical and try to avoid each other.

Meanwhile, _____ is not allowed to attend any basketball game where the victims are playing.




"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


TN - Former officer (Chad Bradley) charged in rape case

Original Article

03/10/2010

CHATTANOOGA - A former Chattanooga police officer charged with statutory rape, has been indicted by a grand jury.

Chad Bradley was arrested in September.

He's accused of having sex with a 17-year-old girl from Meigs County, while he was on duty.

Eyewitness news has learned a grand jury indicted Chad Bradley on six counts of statutory rape and one count of tampering with, or fabricating evidence.

He's scheduled to be in court March 26th.

Video Link



"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


CA - Nathan Fletcher - Boasting and Grandstanding

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"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


'.XXX' Domain Name Being Considered for Porn Sites

Original Article

I think this is a good idea, and I mentioned this a year or so ago.

03/10/2010

A global Internet agency is discussing whether to create a ".xxx" domain name.

NAIROBI - A global Internet oversight agency is reopening discussions about whether to create a ".xxx" domain name. It would be an online red-light district where porn sites can set up shop away from the wandering eyes of children and teenagers.

Parents would be able to use the system to help block access to porn sites. Because its use would be voluntary, though, the ".xxx" suffix wouldn't keep such content entirely away from minors. The proposal has already been rejected three times since 2000.

The Internet Corporation for Assigned Names and Numbers, which oversees the allocation of Internet addresses, may revive the bid yet again.

ICANN is meeting this week in Nairobi, Kenya, and is looking at a review by an outside panel questioning ICANN's grounds for the latest rejection.


"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


CA - 'Chelsea's Law' Could Track Sex Offenders Via GPS

Original Article

Just the usual knee-jerk reaction to a horrible crime. This still will not prevent a similar crime from occurring in the future. A true predator will just cut off the device and vanish, plus, it costs a ton of tax payer dollars for "false safety!" But you keep drinking the koolaid!

03/10/2010

By RUSSELL GOLDMAN

Death of Chelsea King Prompts Lawmaker to Overhaul Laws Monitoring Predators

Known sex offenders should be outfitted with GPS devices that would track their movements and immediately alert police if predators travelled to restricted areas near schools or parks, a California lawmaker told ABC News.com.

Following the alleged rape and murder of 17-year-old high school student Chelsea King by convicted sex offender John Albert Gardner III, Assemblyman Nathan Fletcher (Contact), R- San Diego, called for a complete review of California laws intended to monitor known offenders.

Fletcher said California law requires sex offenders to register where they live, but not where they go. Police in the nearby towns of Escondido and Rancho Bernardo are working to determine if in Gardner's routine travels between his residence and his mother's home he attempted to abduct girls along the way.

"I'm really concerned where these sex predators go because where you live is one thing, but where you go is another matter. If you're a certain category of sex offender you can't go where kids congregate. You can't go to parks, you can't go to bus stops, you can go to schools," Fletcher said.

"We're looking at the possibility of using technology. Using a GPS device that's a passive device, but the minute you cross into one of these safe zones it immediately pings a 911 call and you've committed a crime by violating it," he said.

King's body was found in a shallow grave near Lake Hodges on March 2, ending a week-long search for the straight-A student who disappeared Feb. 25 during an afterschool run at a park.

Gardner, who served five years in prison after admitting to molesting a 13-yeard-old girl in 2000, was arrested March 1 after his DNA was found on clothes belonging to King found in the area where she vanished.

In the days following his arrest and arraignment, police have since linked him to one other attack in the same park and believe he may be connected to the death of Amber DuBois, 14, who disappeared in February 2009 and whose skeletal remains were discover over this past weekend.

Chelsea King's Parent Want to Change Sex Offender Laws

"We will work with law enforcement, district attorneys, crime victims groups, legislators, and others to evaluate the current system and identify problems, shortcomings, and gaps," Fletcher said of his proposed overhaul of sex offender laws.

King's parents said they would work with the assemblyman to "make the kind of changes that will save precious young lives like hers."

"We do not yet know when or how those efforts will take shape, but our commitment to carry her light forward is steadfast. We have decided to collaborate with Assemblyman Fletcher on these yet undefined initiatives," her parents Brent and Kelly King said in a statement.

On Tuesday it was revealed that the California Department of Corrections and Rehabilitation last year destroyed records pertaining to Gardner's 2005 to 2008 parole as part of a routine annual documents dump.

The Associated Press and Fletcher's office both requested the documents, prompting the department to reveal that they had been destroyed.

Upon learning of the department's policy, Gov. Arnold Schwarzenegger (Contact) ordered all parole records for convicted sex offenders held indefinitely.

While those records were destroyed, the San Diego County Superior Court Tuesday released a copy of Gardner's probation report from 2000 in which a court psychiatrist described the then 21-year-old as "simply a bad guy who is inordinately interested in young girls."

Dr. Matthew Carroll said Gardner's "predilection toward younger girls is a problem. He manifests significant predatory traits and is a danger to the community," the officer wrote.

Gardner accepted a plea deal in 2000 after being charged with committing lewd and lascivious acts against a 13-year-old neighbor he picked up on her way to school. Though he faced a 15-year maximum sentence Gardner was sentenced to six years, of which he served five, on the recommendation of a probation officer.

Recommendation to Give John Gardner Maximum Sentence Ignored

Despite a recommendation for the maximum sentence by Carroll, the probation officer recommended a lighter sentence given he had no prior record, according to the documents reviewed by the Associated Press. The judge accepted the officer's recommendation.

Carroll will not speak about the case, but last week his colleague Dr. Mark Kalish told ABC News Carroll was angry that the court did not accept his recommendations.

"Dr. Carroll told the court that [Gardner] showed no insight and expressed no responsibility and that he is a danger. You can't make a stronger statement than that," said Kalish

"No one can predict what someone will do 10 years down the road, but had this guy been prosecuted to the full extent he could have been looking at 30 years in prison and this crime would never have happened," he said.




"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


OK - Children's “Zone Of Safety“ Bill Approved By Senate

Original Article

03/10/2010

Oklahoma City - The Oklahoma Senate Unanimously Approves "Zone of Safety" Bill.

The full Senate voted unanimously Wednesday for a bill by Senator Jay Paul Gumm (Email) to increase the "zone of safety" around schools, childcare facilities, playgrounds and parks.

Under current law, sex offenders are prohibited from loitering within 300 feet of those places where children congregate. Gumm's bill - Senate Bill 2064 - would extend the zone of safety to being within 500 feet of the locations. Further, the bill would put new restrictions on sex offenders who enter the zone to pick up or drop off their own children.

Gumm, a Democrat from Durant, says the bill is aimed at keeping convicted sex offenders farther away from children and teens.

"This is aimed at convicted sex offenders who may attempt to loiter near these places," said the senator. "Make no mistake: we are talking about predators seeking prey - that is why I want to increase that zone of safety to better protect our children."

Gumm said that those offenders who have legitimate business in the area only could be within that zone of safety for a "reasonable" amount of time and would have to inform the school or childcare facility of their status as a sex offender prior to entering the area. Further, the offender would have to inform the facility of the specific time he or she will be in the zone.

"When it comes to protecting Oklahoma's children from those who would prey on them, we need to utilize every method available to us," Gumm said. "As a father, I can tell you I would rather have a sex offender 500 feet away from my child than 300 feet."
- Yeah, and next it will be 1000 feet, then 1,500, then 2,500, etc. You are no more safe at 300 than 500.

The senator has repeatedly passed and supported efforts to better protect Oklahoma's children from predators. In 2006, Gumm wrote a bill to impose the death penalty on repeat child molesters. That bill passed the Legislature and was signed into law by Gov. Brad Henry (Contact).
- Yep, got to "look tough" on sex offenders, so I look good to the sheeple!

SB 2064 legislation now moves to the House of Representatives for further consideration.


"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


MI - Richardville introduces sex offender registry bills

Original Article

03/10/2010

State Sen. Randy Richardville (Contact), R-Monroe, recently introduced legislation to ensure registration of all sex offenders — including the homeless.

The legislation is designed to ensure that all sex offenders are registered with the state by establishing requirements for homeless sex offenders, a news release said.

Sen. Richardville and members of the Senate began working on the four-bill package following the Michigan Court of Appeals’ ruling last month that homeless sex offenders do not have to register because they lack a "residence" as defined by law.

"Michigan developed a sex offender registry to help keep residents aware of offenders in their neighborhoods, as well as provide a tool for law enforcement in tracking these individuals," Sen. Richardville said in the news release. "The recent Court of Appeals decision is very troubling. We need to make sure that all offenders are included to help protect our children and other residents."

The legislative package would require homeless individuals to comply with the Sex Offender Registration Act (SORA) and provide requirements for registering.

Sponsored by Sen. Richardville, Senate Bill 1208 would amend the section of law dealing with the reporting requirements to include the new provisions pertaining to homeless individuals. The appeals court’s ruling on the case, the People of the State of Michigan vs. Randall Lee Dowdy, stemmed from Mr. Dowdy arguing he could not register with the SORA because he was homeless. According to registry records, Mr. Dowdy, 61, was convicted of five counts of first-degree criminal sexual conduct and one count of kidnapping in 1984.

The four bills have been referred to the Senate Judiciary Committee for further consideration.


"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


GA - Update on Legislation, Litigation

Original Article

Dear Friends,

We write today to provide an update on HB 571, a bill that, if it becomes law, will make some significant changes to Georgia’s law governing persons on the sex offender registry. This morning, the House Judiciary (Non-Civil) Committee approved HB 571.

Brief Summary of HB 571

HB 571 contains a number of proposed changes to the law. HB 571:

  • revises the reporting requirements for homeless individuals on the registry;
  • changes the punishment imposed on persons on the registry for “failure to register” as a sex offender;
  • revises the church “volunteer” provision that subjects persons on the registry to prosecution for participating in protected religious activity (while maintaining a prohibition on persons volunteering with children at church;
  • protects renters on the registry from eviction (for the duration of his/her lease) if a prohibited location moves within 1,000 feet of the person’s residence;
  • provides a mechanism for certain persons to apply to a superior court to be exempted from the registration, employment, or residence requirements, if they meet the criteria set forth in Section 11 of the Bill.

Next Steps

HB 571 will now go to the House Rules Committee which will determine the day the bill will be voted on by the full House of Representatives. If it passes the full House, it will then start the committee process anew in the Senate.

Please note that the contents of HB 571 may change as it moves through the House and/or Senate. For this reason, and due to our limited staff resources, we cannot, at this time, provide individual responses to inquiries about who would be eligible to apply for release from the residence/registration requirements under HB 571. We will continue to keep you posted about any new developments in the General Assembly. If the General Assembly passes HB 571, we will post a much more detailed description of the legislation at that time.

Litigation

At this time, we do not have any further information about the litigation. Our motions for summary judgment are still before the Court and we are awaiting a ruling. We will provide additional updates as we receive further information.

All the best,

Sara, Sarah, Gerry and Mica



Mica Doctoroff
Southern Center for Human Rights
83 Poplar St.
Atlanta, GA 30303
(404) 688-1202 -phone
(404) 688-9440- fax
mdoctoroff@schr.org
www.schr.org


"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln


FL - MARION COUNTY COURT (Not sure when this was)

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"The best way to get a bad law repealed is to enforce it strictly." - Abraham Lincoln