Friday, June 4, 2010

MI - Sex offender advised to leave Lansing Council meeting

Original Article (Listen)

Apparently this offender doesn't know his rights. He has just as much right to be there as anybody else, as long as it's not at some forbidden place, like a school.

06/04/2010

By TODD HEYWOOD

Meeting was to discuss rental of city facilities by sex offenders

A convicted sex offender on probation left a public Lansing City Council meeting Thursday night at the urging of the city parks director, which is an apparent violation of the state Open Meetings Act.

[name withheld] left a public meeting at the Foster Community Center that was to discuss a possible city rule against sex offenders renting city facilities. [name withheld] attempted rental of Lett’s Community Center for a charitable event spurred the meeting, which was of the Council Public Safety Committee.

Before the meeting began, Parks and Recreation Director Murdock Jemerson called [name withheld] into an office and told him that his presence at the meeting could be a probation violation. Jemerson told [name withheld] that cameras at the center were recording his presence there, which police and probation officials could watch. Both [name withheld] and Jemerson confirmed the details of the conversation.

[name withheld] said that in order to avoid a confrontation, he agreed and left the community center.

"I told (Jemerson) I didn't want to leave," [name withheld] said in a phone interview Friday morning. "I said I wanted to speak for myself. He said it was best for me to leave."

[name withheld] said that during that meeting Jemerson called Lansing Police Chief Teresa Szymanski to check on [name withheld] probation restrictions. On Friday, a police official speaking anonymously said that [name withheld] was not in violation of any of the terms of his probation, nor of state law. Szymanski did not return emails seeking comment for this story.

[name withheld] was arrested in April on the warrant for failing to register as a sex offender, a misdemeanor. He pleaded guilty in May and is serving nine months’ probation, a suspended jail sentence and almost $800 in fees. Under state law, sex offenders cannot be within 1,000 feet of schools, but the law does not prohibit proximity to preschools or community centers.

Robin Luce-Herrmann, an attorney specializing in the Open Meetings Act for the Michigan Press Association, says Jemerson’s actions may have violated the law.

"Let me put it this way," Luce-Herrmann said, “it's certainly a violation of the spirit of the Open Meetings Act to try to persuade people from attending a public meeting, even if they weren't forcibly removed."

A handbook on the law produced by the Michigan Attorney General's office says, "no one may be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting."

Lansing City Attorney Brigham Smith disagreed with Luce-Herrmann.

"The opinion of the Office of the City Attorney is that no Open Meetings Act violation occurred," Smith wrote in an email. "Mr. [name withheld] departure from the meeting was ‘a mutual decision’ based on the uncertainty regarding whether his presence constituted a probation violation. He was therefore not ‘excluded’ as that term is used in the OMA."

"I think it is troublesome to exclude anybody," Luce-Herrmann said. "It is particularly troubling when somebody with a particular viewpoint on an issue before a public body doesn't have the opportunity to comment."

[name withheld] said that he is considering seeking an attorney

In 2004, [name withheld] communicated with an undercover state police officer pretending to be a 13-year-old female Lansing Everett High School student, according to court records. Court transcripts reveal [name withheld] sent dozens of emails, many of them sexually explicit, and ultimately arranged a meeting with the fictional teen in Biggie Munn Park in Lansing for oral sex. Instead, [name withheld] was met by Lansing and state police.

[name withheld] was convicted in 2005 of accosting or soliciting a minor for immoral purposes. As part of his sentence, he was ordered to register as a sex offender until 2030. However, Lansing Police say he stopped registered in 2007.


CA - Fletcher Presents AB 2295 To The Assembly

Video Link | CAAssemblyGOP YouTube Channel | AB-2295


CA - Assemblymember Saldaña: Chelsea's Law Needed

Video Link | AssemblyAccess YouTube Channel


GA - New Sex Offender Laws In Georgia

Original Article (Listen)

06/04/2010

By Navideh Forghani

AUGUSTA - A new measure that eases the restrictions placed on sex offenders has Georgia law enforcement worried.

The law went into effect May 21st. It changes the living and working requirements for sex offenders and depending on their conviction date - all restrictions could be dropped.
- This is not exactly true!

A sex offender who was convicted or committed a crime before June 4, 2003, will not have any restrictions on where they live,work, or volunteer.

Sex offenders can live within 1,000 feet of a school or a place where children gather if they own the property. They are also no longer prohibited from taking part in some church activities or Bible studies.

Another big change, homeless sex offenders are no longer at risk of going to prison for failing to have a fixed address.

Judges will now have the discretion to exempt some registered sex offenders from restrictions on where they are allowed to work.

One of the biggest changes, judges are allowed to remove convicted sex offenders from the state registry after they’ve completed their sentence. Making it a lot hard to keep track of offenders and predators--making sure they don't strike again.


OK - Trial Set For Former Officer (Rodney Allen Frick) accused of second-degree rape and soliciting sexual conduct with a minor

Original Article (Listen)
UPDATE: Former Officer Sentenced On Sex Charges

06/04/2010

By Mary L. Crider

A former Pocola auxiliary police officer facing sex charges was formally arraigned in LeFlore County District Court on Wednesday and a jury trial date was set.

Rodney Allen Frick, 52, of Pocola is accused of second-degree rape and soliciting sexual conduct with a minor by use of technology. According to court records, a jury trial has been scheduled to begin at 9 a.m. Sept. 13.

He is represented by defense attorney Gary Buckles of Poteau.

Frick is accused of having sex on multiple occasions with a teenager he met through a business he formerly owned, according to investigator reports.

He is also accused of sending the teenager sexually explicit online MySpace messages.

The incidents allegedly spanned a one- to two-year period. Frick was arrested Nov. 10 and released on a $10,000 bond.

He was arrested again in Pocola on March 31 after Pocola police responded to a call for a welfare check at a residence. There was another person present at the residence on East Pryor, and Frick reportedly had a firearm. According to a police report, Frick was taken into custody for mental evaluation without incident.


MT - Former police officer (Jason Huntsinger) not registered as sex offender

Original Article (Listen)

06/03/2010

By Heidi Meili

If you look on the sex offender registry, you won't find a former Missoula police officer convicted of possessing thousands of images of child pornography.

Some community members are outraged.

We've been asking for answers for more than a week, and so far, no-body seems to have any.

In 2006, federal investigators found thousands of images of child porn saved on a laptop owned by the Missoula Police Protective Association. Jason Huntsinger was President of the association at the time. Agents report that some of the girls were under the age of ten.

In court, Huntsinger admitted he subscribed to a website showing explicit photos of underage girls.

He spent a year in federal prison in Utah. Wardens released him last Friday.

The Missoula County Sheriff's Department tells us Huntsinger is not expected to register as a sex offender.

The Montana Attorney General's (Contact) office claimed the U-S Attorney's office decided that.

After all, Huntsinger's sentence only requires he be supervised for three years and register as a sex offender if required.

This isn't sitting well with the community.

One Missoula mother of two wrote us: "... everyone wants to know why he is not required to register... what happens in the place he goes to live? Some of the pictures he had were of prepubescent girls."

We have called the U-S District Court and its probation office in Missoula, the state Sex Offender Registry Office, the state Attorney General, the prosecutor in the case, as well as the U-S Attorney. None have answered why Huntsinger is not on the sex offender registry.

The Montana Attorney General's office did offer us a list of offenses that mandate the offender register.

The offenses roughly include kidnap, promoting prostitution, incest, indecent exposure, sexual abuse, sexual assault, sexual intercourse without consent and unlawful restraint.

There is no direct mention on the state's list of owning child pornography, but the state Attorney General's office says the U-S Attorney has discretion in categorizing individual crimes.

Federal prison officials released Huntsinger last Friday, but they can't reveal where he is now. He will be under supervised release for three years. He is able to live with his own children, but he would need special permission to go near schools or playgrounds.


OH - Attorney General Statement in Response to Ohio Supreme Court Decision in State v. Bodyke

Original Article (Listen)
See this about the ruling
Also listen to the ARC Radio show to see how it may affect you

06/03/2010

COLUMBUS – In a narrowly tailored decision today, the Ohio Supreme Court invalidated two provisions of the Ohio Adam Walsh Act on separation-of-powers grounds. The act was passed by the General Assembly in July 2007 and became effective on Jan. 1, 2008. In response to the court’s decision in the case of State v. Bodyke, Attorney General Richard Cordray (Contact) released the following statement:

We are digesting the Supreme Court’s decision, which appears to be limited in scope. The broad provisions of Ohio’s Adam Walsh Act remain in place. In striking down a narrow portion of the act, the court has reinstated the classifications and community notification and registration orders imposed by judges under prior state law for certain offenders who had been sentenced before Jan. 1, 2008,” said Cordray. “Offenders who were classified on or after Jan. 1, 2008 are unaffected by today’s ruling. Those 26,000 offenders who had been reclassified under Ohio’s Adam Walsh Act will now revert to their prior classifications before the act was passed. To comply with the court’s order, my office will work to reclassify these offenders through Ohio’s Electronic Sex Offender Registration and Notification database (eSORN) and will notify offenders of their new classification. We will also continue to support local law enforcement agencies as they work to provide families with the information they need to keep their children safe.”

Ohio’s Adam Walsh Act was enacted to bring Ohio’s offender notification laws into conformity with the federal Sex Offender Registration and Notification Act (SORNA). Ohio was the first state to reach substantial implementation of the federal standards, as certified by the U.S. Department of Justice. Nothing in today’s decision affects Ohio’s status in regard to maintaining this designation. Other provisions of the act have been challenged in separate cases that remain pending before the Ohio Supreme Court.