Tuesday, May 18, 2010

CA - Gubernatorial Candidate Wants To Create 'Pedophile Island' To Banish Sex Offenders (This man knows an opportunity when he sees it!)

Original Article

Yep, running for office, bust out the sex offender issues... Anything to get elected! Surely this is satire though? Maybe not, it seems we have a lot of idiots in office, or running for office, these days!

05/18/2010

By Dennis Romero

With shades of the 135-candidate gubernatorial (recall) election of 2003 (which featured a porn star, Gary Coleman and Angelyne), the race for California governor this year is not without its characters. Chief among them is Douglas Hughes.

One of the Orange County Republican's main campaign promises is to turn Santa Rosa Island off Santa Barbara into "Pedophile Island" where convicted molesters would be housed. Not only that, but they'd be charged with building infrastructure and creating civil society. They'd even write their own constitution. (Yeah, great. We can hear them now: "We the perverts"). "Let's get these sick pedophiles out of our neighborhoods for good," he states on his site.

Hughes argues that pedophiles released from prison end up back in neighborhoods where they'll strike again. So, he says, put them on the island instead. In fact, under his plan, pedophiles would have to either leave California, stay in prison or go to the island upon their release.

Hughes, who describes himself as a retired businessman from Fountain Valley, has other unorthodox views: He would implement a green card points reward system for immigrants, build "triple fencing" at the Mexican border, and have the state sell drugs to addicts at half price. (Don't ask us -- it's his platform).

Hughes thought the whole "Pedophile Island" idea through, sort of. We're thinking the first thing this society of sexual deviants would do is establish an internet connection and create an account with Dell. Second? The pervs would try to procure their own Hervé Villechaize to point out high-flying traffic.

"As governor I will introduce legislation to impose mandatory expulsion of convicted pedophiles from the State of California as a condition of release from prison," Hughes states.

"Most say pedophiles cannot be treated or cured and for that reason I will put them on the 'Island,' a place where a male sexual offender may choose to live out his life away from children," he writes. "Santa Rosa Island is the island that will be used as a 'Pedophile Island.'"

One question for you, Mr. Hughes: Pedophiles can't swim?



How to become a successful politician (From Citizens for Change, America)
  1. Find some horrific sex crime.
  2. Write up a bill to get a new law passed which punishes thousands of United States Citizens for the actions of that one criminal.
  3. Report to the media your new bill, and make sure and name it after the victim of the sex crime. Example, Adam Walsh Act....
  4. Plaster all sorts of photos and videos depicting the loving little boy or girl who was abused.
  5. Contact Oprah, Dr. What's his name.. and oh yes.. Ellen.. to get your story out.
  6. Get John Walsh involved.. he is always up to gain the spotlight on sex crimes...
  7. Always focus on that ONE horrible crime... so you can Punish the thousands.

Video Link


How to get elected?

Video Link


SORNA Extensions Granted to many states

Of course it has! Got to make sure they can all instill more punishment onto the evil sex offenders to help them look like they are actually doing something besides destroying this country.

Download


Tier Levels- A National Scandal

Video Link | Web Site #1 | Web Site #2


For Rent: To Sex Offenders

Video Link | See Also


CA - Hero or Vigilante? Man Could Land in Prison for Fatally Shooting Alleged Abuser

Original Article

He's nothing but a cold-blooded vigilante murderer, and should be in prison until the day he dies. Even if the man did what he says he did, you contact the police and let them handle it. But, I'm sure many will come out of the woodwork to praise him for this. You see, if you ever kill someone, claim they molested you and you will walk. The victim cannot speak. From what I've seen, this happens in many of the cases. No proof, just a simple allegation is all it takes!

05/18/2010

By SHANA DRUCKERMAN

Murder of Well-Known Businessman Shocks Town; Suspect Claims He Was Abused

When _____ was shot and killed in the entryway of his home, the town of Fort Bragg, California, was stunned. _____ was a local businessman, father and husband who had volunteered for Big Brothers Big Sisters of America, owned a popular store and was considered an all-around nice guy.

But local residents were never prepared for the revelation that _____, 63, may have been leading a secret life and that what initially seemed like a cut-and-dry case of revenge would test the town's sense of right and wrong.

It all started with a gunshot in February 2009. Mendocino County sheriff's investigators raced to the scene to find _____ lying on the ground, dead from a single shot to his stomach. _____'s wife, _____, told investigators that Aaron Vargas, a man she had known for decades, was the lone gunman. She said she ran into the room after hearing the shot and saw Vargas standing there with the gun.

Vargas, 32, a father and part-time construction worker, had grown up next door to the _____ and was his son's good friend. Before he fled the scene of the crime, _____ told investigators, Vargas had confessed to her a deep and dark secret: _____ had sexually molested him since he was a young boy.

But there were more surprises around the corner for sheriff's investigators, the _____ and Vargas families, and the entire town.

"As far as the case goes, it wasn't a whodunit," Mendocino County Sgt. Greg VanPatten said. "It was very clear that Aaron Vargas shot and killed _____. The only question about this case was what was the motive for the killing."

While investigators spoke with _____, Vargas arrived across town at the home of his parents, Bob and Robin Vargas.

"He just stood there," his mother said. "He said that he had shot _____, and that he wanted to tell me he was sorry and tell me goodbye. And that's when he told me _____ had molested him."

Vargas told his parents that the abuse started when he was 11. The molestation, he claimed, had never ended, with Vargas feeling inexplicably locked in a pattern of sexual and psychological abuse.

"I just can't believe that I didn't see the signs," Bob Vargas said, "We've seen a little bit of change in Aaron. You know, when he got in his teens. And we just kind of figured it was his teens."

The timing of the shooting, they say, was especially confusing. Vargas was two weeks from getting married and recently welcomed the arrival of a baby girl.

"'Why didn't you come to me?'" Bob Vargas recalled saying to his son, "'Who's going to raise your daughter? Who's going to take care of your family now?'"

Sentiment Shifts in Small Town

Vargas was arrested minutes later and taken into custody. He was indicted within days for first-degree murder. He pleaded guilty to involuntary manslaughter in March and is expected to be sentenced next month to as many as 10 years in jail.

Initially, his family said, he was condemned. But as more of Vargas' story of abuse surfaced and spread through the small town, sentiment shifted.

Vargas told his family _____ had manipulated him from a young age, taking him on fishing trips and taking advantage of him when he would spend time with _____'s son, _____.

As he got older, Vargas told them, _____ bribed him with drugs and alcohol. He also said _____ employed Vargas at his business, doing odd jobs such as delivering appliances as a way to keep him close. And, Vargas told his family, he wasn't the only one; there were many other young men who were trapped in _____'s web of alleged abuse.

_____'s Alleged Web of Abuse

"[_____] was very manipulative, he was very apparently kind," said Tom Hudson, Vargas' defense attorney. "He used his business and his ability to employ these young boys for cash under the table as a manipulating tool. He used his home as a place for these kids to come to and get away from mom and dad who, so that they could do things that their mom and dad and society would never allow, you know, take drugs, drink alcohol, party, those kinds of things, and do sexual favors."

But Vargas' family said his visit at the _____ home that fateful night was about more than anger and rage. They say it was about stopping the cycle of alleged abuse before it ensnared anyone else.

In the months prior to the shooting, the family said, Vargas claimed _____ had been stalking him, calling him up to 30 times a day, even offering to babysit for his baby girl. The Vargas family said that all of it, on top of years of abuse, sent Vargas over the edge.

"What _____ lived to do is to rape these kids," Vargas' sister, Mindy Galliani, said. "And Aaron knew it. Aaron has spent the last 20 years around _____ and he knows exactly how _____ works and he knows what a threat he is. And Aaron knew what was going through _____'s mind when he watched _____ look at his daughter."

But authorities say they believe this is a clear case of pre-meditated murder and that Vargas should face the consequences of his actions.

"We think that we've collected evidence, whether it be physical or oral statements, that leads us to believe that this was a premeditated murder of another human being," Sgt. Van Patten said. "We don't feel that it is right for Aaron Vargas to have come to the decision that, he is the judge, the jury, and the executioner, when it comes to _____."

Vargas speaks out for the first time about allegations of abuse in an exclusive interview with "20/20's" Chris Cuomo.


CA - Ex-Anaheim officer (Bradley Stewart Wagner) used badge to assault women

Original Article

No wonder cops hate sex offenders, they see something of themselves in others! Ladies, if a cop ever gets behind you and flashes his lights, drive to the nearest police station, or, somewhere there is a lot of people!

05/18/2010

By ALEJANDRA MOLINA and RACHANEE SRISAVASDI

SANTA ANA – A former longtime Anaheim police officer faces up to four years in prison after he was convicted Monday of sexually assaulting an undocumented immigrant he pulled over and victimizing two other women.

Bradley Stewart Wagner, 62, of Perris, pleaded guilty to four felonies: forcible oral copulation, oral copulation under the color of authority, sexual battery by restraint and false imprisonment by violence or deceit. He also entered a guilty plea to a misdemeanor count of being an officer acting without regular process.

His sentencing is scheduled for July 14.

Wagner was initially arrested in November 2005, when a 40-year-old undocumented woman said the police officer threatened to have her deported if she did not perform a sex act for him. Wagner immediately left the department.

Four years ago, the woman spoke to Orange County Register columnist Yvette Cabrera about what happened that November night.

The woman, then a new grandmother, had left work at 12:15 a.m. She worked two jobs – one as a machine operator making auto parts from 3:30 p.m. to midnight, and the other making Jacuzzi supplies from 6 a.m. to 2:30 p.m.

After Wagner pulled her over in his patrol car, he had her follow him into an empty parking lot, the woman said. There, he fondled her breasts and as she began crying, he pulled her by her work uniform to his car and pushed her into the back seat, she recalled. That's when Wagner told her she had to have sex with him or face deportation, she said

As a car approached them, Wagner had her follow him to another parking lot, where she said he demanded she perform oral sex.

She had never performed oral sex; she pleaded and resisted, she said. But he grabbed her head and forced her down. She was so repulsed, she vomited, the woman recalled.

News of Wagner's arrest resulted in two other undocumented, Spanish-speaking women coming forward. Wagner had sexually assaulted one of the women, prosecutors said. The other woman reported that Wagner had pulled her over four times in a three-month period and asked her personal questions, including whether she was married or had children, then let her go each time without writing a ticket, prosecutors said.

"We think the women who came forward were very brave and courageous,'' said Anaheim police spokesman Rick Martinez on Tuesday. "Had it not been for their stepping forward we would not have known about this."

Wagner faces less prison time by agreeing to the plea bargain with prosecutors. If convicted by a jury, he would have faced up to 11 years in prison, according to Orange County District Attorney spokesperson Farrah Emami.
- Yeah, he will get some sweet deal, just watch!


CA - Former police officer (James Vernon Clayton) gets probation for misconduct

Original Article
Older article from 2008

Yep, it pays to be a cop. Notice the headline? Instead of saying he assaulted five victims, they simply put "misconduct!" He had five victims, and he gets probation? The average Joe would get many years in prison for what he did, but he's a cop! If you want to find a sex offender, just check the local police department, and here or here. If you want to commit crime, become a cop, or a politician!

05/18/2010

By FRANCIS MCCABE

A former North Las Vegas police officer accused of trying to gain sexual favors, including oral sex, from women he cited for traffic violations was sentenced to three years probation Tuesday.

James Vernon Clayton in December pleaded guilty to three counts of attempted misconduct by a police officer and two counts of oppression under color of office, all gross misdemeanors.

Clayton apologized for his actions and called his situation "a nightmare."

"It's my fault. I don't blame anybody else," he said.

District Judge James Bixler ordered Clayton to spend the first six months of probation under house arrest and pay a $5,000 fine.

Bixler also told Clayton if he violated the terms of probation, which included finding a job or doing community service and undergoing counseling, that Clayton would spend five years in jail.

Bixler scolded Clayton for shaking "the faith and trust" the victims had in police officers.

Authorities have said there were at least five victims.

Three of the victims were scheduled to speak at the hearing Tuesday but did not show up, prosecutors said.

One victim alleged that, over the course of a few weeks, Clayton pulled her over twice, ran into her at a mall and went to the strip club where she worked and requested a lap dance from her.

Other victims said he would call, send text messages or show up at their home and work.

Another victim said Clayton exposed himself to her.

The former police officer was arrested more than a year ago after a five-month investigation and originally was charged with seven felonies of police misconduct and misdemeanor lewdness.

Clayton was a three-year veteran of the department when he was charged. He was fired in January 2009.


FL - Florida Enhances Sex Offender Registration And Notification

Original Article

Don't forget the massive homelessness caused by these unconstitutional laws!

05/18/2010

Florida is third state to implement the Adam Walsh Act, substantially enforce Sex Offender Registration and Notification procedures.

Governor Charlie Crist (Contact) and Florida Department of Law Enforcement Commissioner Gerald Bailey today announced that Florida is the third state to implement the Adam Walsh Act.

The Act provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.

Florida has always been a front runner in implementing tools and technologies to protect our citizens and families,” said Governor Crist. “Our state is one of the first states, and the largest state, to implement this important federal law, and it exemplifies our commitment to strong sex offender registration and notification laws and practices.”

On May 14, the U.S. Department of Justice recognized Florida as having reached substantial implementation of the Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and Safety Act of 2006. The act aligns sex offender registry standards across the states and tightens requirements for offender registration and notification. Under current federal rules, states that fail to substantially implement these provisions by July 26, 2010 stand to lose 10 percent of their annual federal Byrne Justice Assistance Grant funding. Ohio and Delaware are the only other two states to implement the act to date.

Florida’s Sexual Offender/Predator Registry is maintained by the Florida Department of Law Enforcement.

As part of the Adam Walsh Child Protection and Safety Act, Florida implemented several changes to the registry requirements including:

  • increased the number of times per year that sexual offenders and predators must register in person with their local sheriff’s office;
  • Required all registered sexual offenders and predators to register any e-mail or instant message address they may use prior to using it;
  • Required juvenile sexual offenders to register if adjudicated of certain crimes committed after July 1, 2007;
  • Increased the minimum length of registration for sexual offenders while removing the ability for sexual predators to petition the court for removal from registration requirements; and
  • Increased sexual offender/predator notification to the public, including free e-mail notifications made available to citizens through the Florida Offender Alert System. To date, more than 109,000 people have subscribed to the program and more than two million notifications have been sent out.

FDLE has worked hard to ensure Florida’s registry is current, comprehensive and readily accessible to the public,” said FDLE Commissioner Gerald Bailey. “We appreciate the support of Governor Crist, the Cabinet, and the Legislature in ensuring Florida’s Sex Offender/Predator Registry meets these important national standards.”

Through the Public Safety Information Act of 1997, Florida became the first state in the nation to list sexual offenders and predators on the Internet and to make the same information available through a 24-hour/day hotline.

The registry currently houses data on more than 54,000 registered sex offenders and predators and the Web site averages more than 546,000 searches per month.


Sexual Offender Shenanigans

Original Article

Wow, I cannot believe I agree with this article, coming from Fox News and Dr. Keith Ablow? Has hell frozen over?

05/18/2010

By Dr. Keith Ablow

In a 7-2 decision, the Supreme Court has upheld the power of the federal government to detain dangerous sexual offenders even after their prison terms are up.

The mechanism that federal prosecutors use is called civil commitment — placing sexual offenders in locked psychiatric units against their will, until they are considered safe. Many states already use civil commitment as an “add-on” to hold sex offenders longer than jails can.

On the surface, this way of dealing with sexual offenders may seem wise. After all, who wants to release dangerous sex criminals to the streets? But I worry about the shell game being played here between the criminal justice system and the medical system.

The theory behind the federal law is that sexual offenders are so sick that they can’t be released to the streets — maybe, ever — because they can’t control their behavior. And this implies that the offenders may well have qualified for verdicts of not criminally responsible (i.e. “not guilty by reason of insanity”) when they were tried. They should have been routed to locked psychiatric units to begin with, not sent to prison and then sent off to another kind of incarceration after they had done their time.

In most states one of the “prongs” of being found not criminally responsible (by reason of mental illness) is the inability to conform one’s behavior to the requirements of the law. Clearly, that is what federal prosecutors are contending — but only in retrospect — about the sexual offenders they seek to commit: They can’t control themselves and never could. They are turning prisoners over to the secure hospitals that should have held them and tried to heal them from the very beginning (and, probably, for just as long).

A beefed-up forensic mental health care system, with the power to enforce outpatient monitoring and medication, is the solution here. That way our society doesn’t find itself in the position of short-circuiting truth and justice in order to protect itself.

The potential for abuse of the federal sexual offender statute is too great. What happens when gang members are deemed too violent to be released after their prison terms are up? What happens when spousal abusers are considered too dangerous to hit the streets? How about those who conspire against the government in any way? Will they somehow find themselves not only sentenced to prison, but also later held without criminal trials in mental health units?

Sound far-fetched? Well, smart, democratic, free societies that hope to stay that way need to see the seeds of authoritarianism when they are planted. The federal sex offender law is such a seed. It blurs the boundaries between punishment for crimes and enforced psychiatric care for sick people (who can’t control themselves). In so doing, it gives the government the power to lie in court and coerces the mental health care system to cover its backside.

Inappropriate government power is best sold to the public when it is said to apply only to the most hated folks among us. It’s funny (actually, it’s scary), though, how quickly that power could be applied to the rest of us.

Dr. Keith Ablow is a psychiatry correspondent for Fox News Channel and a New York Times bestselling author. His book, "Living the Truth: Transform Your Life Through the Power of Insight and Honesty" has launched a new self-help movement including www.livingthetruth.com. Dr. Ablow can be reached at info@keithablow.com.


IN - Indiana GOP Congressman (Mark Souder) to Resign Amid Affair with Staffer

Original Article

05/18/2010

By Teddy Davis

Indiana Republican Congressman Mark Souder (Contact), a staunch family values conservative who was elected as part of the Republican Revolution of 1994, has told colleagues that he is resigning his seat in the U.S. House of Representatives amid an affair with a part-time member of his staff.

"It is with great regret I announce that I am resigning from the U.S. House of Representatives as well as resigning as the Republican nominee for Congress in this fall's election," said Souder.

"I sinned against my God, my wife and my family by having a mutual relationship with a part time member of my staff," Souder added. "I am so shamed to have hurt those I love."

Souder’s decision to step down comes two weeks after he survived a Republican primary challenge from car dealer Bob Thomas. In the GOP primary, Souder received 48 percent of the vote. Thomas received 34 percent of the vote. A third candidate, Phil Troyer, received 16 percent of the vote. A fourth candidate, Greg Dickman, received 3 percent of the vote.

Souder’s resignation, which was first reported by Fox News, was trumpeted Tuesday morning in an “in case you missed it” e-mail from the Democratic Congressional Campaign Committee.

Democratic officials acknowledge, however, that Souder’s resignation will not improve their chances of carrying this solidly Republican district.

In the 2008 presidential race, at a time when Barack Obama was carrying the state of Indiana as a whole, John McCain won the district by 13 points – 56 to 43 percent.

The filing deadline has passed and this is NOT a competitive seat,” according to a Democratic official who was granted anonymity in order to be more candid about the party’s prospects.

The Democratic nominee is Dr. Tom Hayhurst. He was the Democratic nominee in 2006.

The third congressional district of Indiana covers the Fort Wayne area in northeast Indiana.

Souder’s resignation, which he is submitting to House Speaker Nancy Pelosi, D-Calif., will become effective this Friday.

Souder's expected resignation follows the March resignation of New York Democratic Congressman Eric Massa who resigned amid allegations that he sexually harassed male staffers.

Massa's case is now before the House Ethics Committee.



Video Link


GA - Cop (Bernett Collins) Accused Of Molestation Goes Before Judge

Bernett Collins
Original Article

05/18/2010

ATLANTA -- A veteran Atlanta police officer appeared before a judge Tuesday morning on child molestation charges.

Bernett Collins was assigned as a beat officer in Zone one. According to an investigator who testified at Collins’ preliminary hearing Tuesday, Collins met his 13-year-old victim while responding to a domestic violence call at her Northwest Atlanta home.

Detective Kevin Patrick testified that Collins took a liking to the young girl and began contacting her repeatedly after the initial call. Patrick testified that Collins sent dozens of text messages to the middle schooler, including some asking her to send him naked pictures. He also testified that the girl told investigators that Collins groped her and “felt on her” several times during visits to her home.

Patrick testified that the girl complained to a school resource officer, who in turn notified APD headquarters. Collins was arrested by the Office of Professional Standards on May 3 and charged with sexual battery, enticing a child for indecent purposes, violation of oath of office, exploitation of a minor and child molestation. He’s now on unpaid leave from the department while the investigation continues.

Stay tuned to Channel 2 Action News at 5 and 6 for updates on this story.

Update:


Are Sex Offenders Worse Off than Murderers?

Video Link | U.S. v. Comstock | Florida Sex Offenders | Vigilantism


KS - Residency Restrictions do NOT work! They do more harm than good!

Original Article

See the video below, they mention "Residency Restrictions do not work!"

05/17/2010

By Audrey Esther

A viewer contacted 27 News after learning that a registered sex offender was living in his neighborhood.

He was shocked that the sex offender lived so close and wanted 27 News to find out what the law had to say.

"You need to know your neighbors. You need to know who's out there," said the 27 News viewer who asked to remain anonymous.
- And what about knowing of all the murderers, gang members, drug dealers, DUI offenders, thieves, burglars, etc?

Who's out there and living next door to our viewer is a registered sex offender.

"And with two children myself it's kind of scary," he said.

He's also shocked that the mobile home park's management didn't tell him.

"You would think in a community with well over 100 children that there would be some kind of communication to let parents know," our viewer said.

A community where according to state law the landlord can rent to a registered sex offender or not.

Sex offenders are not a protected class under the federal Fair Housing Act and can be denied housing just like a felon or a person with bad credit, but they can not be told where to live.

"Residency restrictions as such are not a way for us to make communities safer they're a way for us to make communities less safe," Bill Miskell, spokesman for the Kansas Department of Corrections said.

It's a finding that's backed by research.

"The jurisdicitons, the cities, the counties that have enacted residency restrictions have found that offenders who can't live within 1,000 feet of a school, or a playground or swimming pool simply go underground," Miskell said.

However, parole officers can restrict where sex offenders can live.

"Our parole staff have the ability to say yes you can live here or no you can not," he said.

It's up to residents to be informed and know who their neighbors are.

"We encourage people who have questions about a particular person whether they see them on a website or just have questions about them to contact local law enforcement and ask," he said.

Video Link


MO - Former Sheriff's Deputy (Damon Berti) Charged With Sexual Assault

Original Article

05/17/2010

By Chris Regneir

UNION - His job was to enforce the law, but a former Franklin County Sheriff's Deputy is charged with breaking the law. Investigators say the 24 year old, who was a detention officer at the Franklin County Detention Center in Union, sexually assaulted a female inmate at the jail. Damon Berti from Sullivan is charged with one count of sexual assault and two counts of having sexual contact with an inmate.

Franklin County Sheriff Gary Toelke says the crimes happened in the early morning hours of March 5th. Toelke says Berti took a change of clothes back to the 37 year old female inmate from Villa Ridge. Then he allegedly told her if she didn't have sex with him, he would say she assaulted him.

Sheriff Toelke says Berti admits having sexual contact with her but he says it was consensual.

However, the inmate told authorities she was assaulted and Missouri law prohibits a jail employee from having sex with an inmate.

"You have a lot of the deputies that are out there and they're putting in a lot of hours and doing a lot of hard work and they've got a good reputation here and to have something like that happen damages that for them too and its tough," says Toelke. "Nobody, sheriff or police chief, wants to be sitting where I am right now. The main thing is, it can happen to anybody, the main thing is that you take these complaints serious and that you investigate them. That's what we've done."

Another Franklin County Sheriffs Deputy admitted having sexual contact with a suspect in a case he was investigating last June. No charges were filed against the deputy.

Berti was arrested last Thursday at his Sullivan home. He has since bonded out of jail. Berti's attorney says he will plead not guilty.


IL - Ex-Round Lake Beach cop (Leroy Kuffel) gets jail for sex with 16-year-old

Original Article

05/17/2010

By Tony Gordon

A former Round Lake Beach police officer was sentenced to jail and probation Monday for sexually abusing a 16-year-old girl.

Leroy Kuffel, 52, was convicted of aggravated criminal sexual abuse after a three-day trial in January for having sex with his son's former girlfriend.

Associate Judge Daniel Shanes ordered Kuffel to serve 60 days in jail, followed by 30 months of additional confinement when he will be released from jail only for work and to attend sex offender treatment.

Kuffel will also be on probation for three years, Shanes said, and he must successfully complete any treatment programs recommended by his probation officer.

The girl, who is now 17 years old, testified she became close to Kuffel as she was in the process of breaking up with his son. She said Kuffel brought her a pair of gym shoes, paid her cell phone bill and took her to dinner often.

They had sex twice in February 2009 and once in March, she said, all three times at Kuffel's house near Lake Villa.

Assistant State's Attorney Victor O'Block recommended Kuffel be sentenced to prison for up to seven years. By continuing to deny he ever had any sexual contact with the girl, Kuffel was refusing to take responsibility for what he had done, O'Block said.

But Waukegan defense attorney Charles Smith argued his client should not be penalized for maintaining his innocence.

"I don't see how the criminal justice system can punish a man just because he says 'I didn't do it,'" Smith said. "We can go through all the psychological mumbo-jumbo about denial, but maybe it is true."

In his own statement to the court, Kuffel asked for probation without any jail or prison time, and apologized for making what he called "bad decisions."

Shanes said he was taking into consideration Kuffel's 29 years of service as a police officer, a job he retired from shortly after his arrest.

But he also said the jail time was necessary because Kuffel had volunteered to be a role model for the community and had let down that community.

"And just so it is clear, the defendant is not being punished because he says he didn't do it," Shanes said. "The defendant is being punished because the jury said he did."

Smith said he intends to appeal Kuffel's conviction and sentence.


The Sex-Offender Lynch Mob Marches On

Original Article

05/17/2010

By Alex Knepper

Our post-Cold War bogeyman is the child molester. He manifests himself in the daily scare segment on the Today Show; in macabre, hyperbolic convolutions by Oprah, and in NBC’s (in)famous To Catch a Predator. He is a sociopath, he is mentally disturbed, and he is about to break into your house, rape your child, and bury her alive in a shallow grave. And worst of all: he is the mass-man — he lives among us.

Recent scholarship — mostly by women, men are petrified by the stigma surrounding sexual controversies — has started shooting holes into this TV-ready outrage, perpetuated by demagogues like Bill O’Reilly and Nancy Grace. Women like Vanessa Place and Susan Clancy have bravely stood up against the mob to demand that common sense be restored to its rightful place. More recently, one of the lynch mob’s leaders, Martha Coakley — who, in an attempt to look “tough on crime,” kept a man falsely accused of “Satanic child rape” in prison — was denied access to the halls of the Senate. But these are drops in an ocean of manufactured outrage. On the whole, the mob has seized control of our discourse.

The result of this moral panic is that sex offenders of any kind — whether a stranger-rapist, child molester, someone who was peeking at kiddie porn, or even someone who had sex with a fourteen-year-old at the age of nineteen — are being denied their basic civil rights and liberties. Laws restricting the right of sex offenders to buy homes — since some neighboring homes will have children, after all! — have become so draconian in the city of Miami that they are forced to live under bridges (Videos) after being released from prison. But which politician will speak up for sex offenders? Except to say that our laws aren’t “tough enough,” of course.

Our laws are actually very tough. We — rightly — punish sex offenders harshly. Absolutely no one thinks that child molesters or rapists should be “let off easily,” and it’s an utter farce to pretend that anyone thinks otherwise. But even criminals — and even the most vicious among them — have rights as American citizens. Today, though, thanks to the Supreme Court, registered sex offenders have even lost the simple right to not to be locked up without a trial.

So who will defend the rights of the lowly?

Not I,” says Stephen Breyer, writing for the majority:

The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered “sexually dangerous” after their prison terms are complete.

The high court reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered “sexually dangerous.”

“The statute is a ‘necessary and proper
’ means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others,” said Justice Stephen Breyer, writing the majority opinion.

President George W. Bush in 2006 signed the Adam Walsh Child Protection and Safety Act
, which authorized the civil commitment of sexually dangerous federal inmates.

The act, named after the son of “America’s Most Wanted” television host John Walsh, was challenged by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.

That’s right: even if you’ve served your prison sentence, you still have no rights. And there is no further recourse. The Supreme Court has spoken. (Scalia and Thomas, as usual, got it right in dissenting.)

Of course, you have to be “mentally ill to be denied release. But who but a “mentally ill” person would rape a child or masturbate to naked kids, right? “Mental illness” is not empirically verifiable — indeed, the “science” of psychiatry has, in its illustrious history, defined everything from homosexuality to defiance toward authority as “illness” — so there is literally no way for the prisoner to fight the authority of the man in the white coat.

The bottom line is this: the rule of law does not apply when it comes to psychiatric power or the whims of the lynch mob. Welcome to America in 2010.


United States v. Comstock: Some Early Observations



05/17/2010

I want to thank Professor Yung for inviting me to share my thoughts here. Today the U.S. Supreme Court handed down an opinion in United States v. Comstock (opinion here) upholding the federal sex offender civil commitment statute (18 U.S.C. § 4248) under the Necessary and Proper Clause. I will have more to say about this decision in the coming days, but I thought I should post some initial observations of the decision.

First, it is not surprising that Justice Breyer authored the majority opinion, since he is known to be the Justice least likely to invalidate federal law. Justices Kennedy and Alito concurred only in the decision. As predicted, Justices Thomas and Scalia dissented.

Second, the majority opinion suggests that there may be future constitutional challenges to Section 4248. Specifically, the majority states: