Wednesday, March 31, 2010

CA - Residents Upset Over Sex Offender House

Original Article

03/30/2010

By Al Naipo

Anaheim - Six convicted child sex offenders are living in the same Anaheim house and that has some residents furious.

Tuesday night a couple hundred homeowners met with officials to figure out what could be done about the house on Rutherford Street.

Orange County Bureau Chief Al Naipo was in Anaheim and has the latest in this video report.

Video Link



"The best way to get a bad law repealed is to enforce it strictly."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


LA - Judges overturn sex offender rule

Original Article
View the Court Case File (PDF) here

03/31/2010

By JAMES MINTON

An appellate court has ruled that the state cannot require a West Feliciana Parish man to register as a sex offender for the rest of his life or carry a special driver’s license and identification card.

The ruling by a three-judge panel of Louisiana’s 1st Circuit Court of Appeal overturns a District Court judge’s ruling against _____, who was convicted of indecent behavior with a juvenile and carnal knowledge of a juvenile when he was 19.

Charles Griffin II, _____’s attorney, said _____ served his sentence for the 1995 convictions, completed his probation and complied with post-release registration requirements for a 10-year period after he was released from prison.

_____ said authorities told him in 2009 that he would have to register again as a sex offender for the rest of his life because the law had changed after he was convicted.

_____ complied, but challenged the order in 20th Judicial District Court. Unless the state decides to challenge the ruling, Griffin said, _____ will be able to get a driver’s license without “sex offender” written on it in orange letters.

Driver’s licenses for sex offenders must be renewed annually.

The opinion, issued Friday by Judges Vanessa G. Whipple, Jefferson D. Hughes III and Jewel E. “Duke” Welch, says case records show that _____ fulfilled his duty to register as a sex offender for the period of time that was applicable when he was convicted.

The opinion says Louisiana’s version of “Megan’s Law,” has a legitimate civil purpose to alert and protect the public from sex offenders who might offend again.

In _____’s case, however, the amendments adopted after his conviction are “so punitive in effect as to transform what was intended as a civil remedy into an additional punishment for him.”

The retroactive application of amendments to the law violates the U.S. and Louisiana constitutions, the opinion says.


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


TX - Nude Video at JFK Assassination Site (Double Standards?)

Original Article

Just think about this. This lady did this, without a permit, and she is nude in front of kids and others. So why isn't she being arrested and put on the sex offender registry? I don't want to sound sexist, but is it because she is a woman? If a man did this, they'd be in jail now, awaiting a prison sentence, and put on the registry.

03/30/2010

Publicity stunt or an artist trying to communicate? Dallas native Erykah Badu is catching flak for her latest video, "Window Seat." It begins with her parking at JFK assassination site, Dealey Plaza, in a late model car. You hear archival footage from the day of the assassination. After parking, Badu walks down Dealey Plaza, stripping her clothes off till she's completely naked. The word "Evolving" is on her back. At the end of the video, she's near the site where President Kennedy was killed. You hear a gunshot and Badu falls, and blue "blood" streams from her head to form the word "Groupthink."

On her Twitter account, Badu says "The butt naked truth is powerful America !!!!" Badu's fans are supportive of the video-- saying they respect her individualism and think the video is a masterpiece. Others in Dallas consider the video tasteless and offensive. For starters, there are at least three children who Badu walks by when she's stripping. Moreover, for a pop singer to put herself in the same category as a beloved assassinated President-- many consider it beyond poor taste.

The city of Dallas says Badu and her photographer did not have a permit to film the video. In a statement, Frank Librio with the city of Dallas says that this was an incident of "...guerilla filming, where production companies... usually shoot these scenes in one take knowing that if they are discovered they would face arrest and/or penalties."

Badu's new ablum "New Amerykah, Part Two" is out today.

Video Link



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


SD - Law passed to remove some sex offenders from South Dakota registry

Original Article

03/29/2010

VERMILLION - Sex offender laws are to help crack down on those who commit a crime. But if you are an 18-year-old dating a 17-year-old you could find your name on the sex offender registry for life.

That's why one Siouxland state wants to take some names off the list.

Sheriff Andy Howe has his very own link to local sex offenders in Clay County, South Dakota. But, even he thinks the list is just a little too long.

"There are people on the registry who are married because things change," says Howe.

Clay County and every other county in South Dakota will soon need to change their sex offender policies. The state recently signed a bill that will place sex offenders on a three tiered registry, eventually allowing some names to come off the list.

"Previously people were on for life once they came on they stayed on and that didn't differentiate," Howe says.

The new system will allow names in tier one to come off the list in 10 years, for crimes like statutory rape in which both persons are of similar age. Tier two names will come off in twenty five years for crimes such as incest, and tier three names will never come off the list because of their likelihood to commit again or because of the severity of the crime.

And county officials like Sheriff Howe believe this is a good thing for some of those convicted.

"What we have is the ability to take out from those who really aren't likely to offend and concentrate on those that are," says Howe.

County officials say the new law will take effect on July 1st of this year, making the list's like Sheriff Howe's just a little bit shorter.

As of May 2009, there were 15 registered sex offenders in Clay County, South Dakota.

Video Link



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


NY - Lake George looking at new sex offender law

Original Article

Come on, do you really think someone is going to pay this fee? No, so you are basically forcing offenders into homelessness, since they will not be able to live here without the people facing fees.

03/31/2010

By DAYELIN ROMAN

LAKE GEORGE -- Residents looking to speak out about a proposed sex offender law will have the chance to do so tonight (Wednesday).

The town is holding a public hearing at 7 p.m. in the Town Hall to discuss a proposal which would force hotel and motel owners who wish to house sex offenders to get a $3,000 permit and prominently display it in a lobby or registration area before they do so.

Those who wish to comment but can't make it to the meeting can still do so on the town's Web site, here. The online questionnaire asks residents for their name and contact information, and has a box where residents can comment freely.

Town Supervisor Frank McCoy said he is following the lead of Lake Luzerne and the town of Colonie, both of which passed similar measures. Lake Luzerne's law was enacted in February.

McCoy has said he doesn't want social services departments in the region placing sex offenders in the town if surrounding towns pass similar measures.

Since the law was passed in Colonie, the town attorney said only one hotel has gotten the permit.
- Okay, so some will pay the fee.

In Queensbury, officials have also said they are looking into the law.

When McCoy brought up the proposal at the March Town Board meeting, Councilwoman Frances Heinrich said the law might cost the town a lot of money in litigation if it is ever contested in court, according to minutes of the meeting.

According to those minutes, former Councilman George McGowan said the law is unconstitutional.

Lake George Village Mayor Robert Blais has said he will hold off on enacting a similar measure in the village because he feels the law could be contested in court and found unconstitutional.


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


CA - Better Off Dead?

Original Article
Frozen To Death!

03/31/2010

By Lauren Smiley

Did Jessica's Law kill a homeless sex offender?

Earlier this month, Nicholas Chaykovsky failed to reregister with the police as a transient sex offender. He had a decent excuse.

He died.

Chaykovsky died on Feb. 18 at age 61. He was featured as "Mr. C" in our Dec. 30 cover story, "Perverting Justice," on how Jessica's Law forces nearly all sex offenders paroled to San Francisco into homelessness, because they are forbidden to live within 200 feet of a park or school.

The San Francisco Medical Examiner declared that Chaykovsky suffered a heart attack stemming from heart disease, and had an infection related to injuries from a suicide attempt 12 years ago.

But Chaykovsky's case managers and acquaintances say it was the constant stress of being homeless that killed him.

"Basically, he wasn't used to the street," said Ron Sanders, his case manager at the Transitions Clinic, a city program for parolees run from the Southeast Health Center. "He had almost three years left living [homeless on parole]; there's no way he would have made it. ... He didn't have any fight in him."

Chaykovsky was arrested in 1998 after making a videotape of a nude, 8-year-old girl, and was eventually convicted of continuous sexual abuse of a child and producing obscene material of a child. After being caught, he attempted suicide twice — he first shot himself in the mouth, which deformed his face, and later drank a glass of antifreeze. He served nine years in state prison before making parole in October.

Last month, the California Supreme Court upheld the state Department of Corrections and Rehabilitation's practice of forcing all San Francisco sex offenders paroled after the passage of Jessica's Law in November 2006 into de facto homelessness, while punting objections about the law's overall constitutionality back to the lower courts.

In a December interview, Chaykovsky said he expected to live about another 15 years, and wanted to follow his parole rules to the letter in order to avoid going back to prison. Asked about whether he was happy he survived his suicide attempts, he said, "I'm kind of in between. I'm hoping things will work out."

Obviously, they didn't.

Billie Percy, a case manager at the Northern California Service League who knew Chaykovsky, said his remains were cremated by the state. No funeral service was held.


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