Tuesday, May 17, 2011

RI - Assistant Attorney General Bethany Macktaz on Revamping the Sex Offender System

Any law that applies retroactively, is an unconstitutional law, based on the constitution. Section 12 of the Rhode Island Constitution states:

"Section 12. Ex post facto laws -- Laws impairing obligation of contract. -- No ex post facto law, or law impairing the obligation of contracts, shall be passed."

Rhode Island Constitution (See Section 12)

IL - Sex at a rest stop: Ex-deputy (Robert L. Freeman) pleads guilty in I-64 case

Original Article



BELLEVILLE -- A 68-year-old former Pike County deputy received probation in St. Clair County Circuit Court after pleading guilty to official misconduct in a case where the victim said she was forced to perform oral sex on him at a rest stop on Interstate 64.

Robert L. Freeman, of Griggsville, pleaded guilty May 4 to a felony count of official misconduct and was sentenced by Circuit Judge Jan Fiss to 18 months probation and ordered to pay about $1,300 in fees and court costs. He faced a maximum of five years in prison on this charge. He does not have to register as a sex offender.

Freeman was indicted in Jefferson County in 2008 and charged with three counts including aggravated criminal sexual assault, a Class X felony punishable by six to 30 years in prison. Two counts were dismissed as part of the plea bargain.

The victim has said that after she asked Freeman to pull into the rest stop so she could smoke a cigarette, he talked about oral sex. She said she complied because Freeman was armed with a service pistol and she was afraid she would be hurt if she didn't comply.

The case languished for more than two years because of a jurisdiction question.

After stories in the Belleville News-Democrat reported that the crime actually occurred at the rest stop in St. Clair County, and not in Jefferson County where the female prisoner had been transported to answer a warrant, the case was transferred here.

Freeman, who pleaded not guilty at the time, was released after posting $5,000 bond.

His attorney, John Leonard, of Mount Sterling, filed a motion to dismiss all charges because of alleged "prosecutorial misconduct" by Jefferson County prosecutors. Leonard has said neither he nor his client will comment.

Leonard's motion noted that the indictment returned in Jefferson County stated that police who investigated knew that the alleged crimes occurred in St. Clair County. By law, an indictment for a state charge can only be returned in the same county that the crime is believed to have occurred.

Investigative reports state that Illinois State Police surreptitiously recorded a conversation between Freeman and the victim shortly after he was scheduled to return her to the Pike County Jail after her court appearance in Mount Vernon.

That tape, according to the police report, recorded Freeman stating if he pulled over at the same rest stop on the way back, would the victim again perform the sex act?

NY - Senate To Act On Brittany’s Law, Creates Statewide Violent Felony Offender Registry

Original Article

Like I've said many times, each new registry created costs millions of tax payer dollars. If a registry is considered constitutional (which it's not, if obeying the Constitution) and okay for sex offenders, then why not use the existing registry (thus saving millions) and put all criminals on it? Change the name to "Criminal Registry!" Why waste time and money creating new registries and laws when you have an existing registry?


The New York State Senate will act today on Brittany’s Law (S.3645B), a bill that would establish a statewide violent felony offender registry by requiring offenders to register with the New York State Department of Criminal Justice Services upon release from prison. The law is intended to increase the safety of all New Yorkers by providing access to the list of convicted violent offenders.

Sponsored by Senator Joseph Griffo (R-IP-C, Rome) and Senator Mike Nozzolio (R-C, Fayette), Brittany’s Law is named for 12 year-old Brittany Passalacqua, who was murdered in Geneva, N.Y. in 2009 along with her mother Helen Buchel by a violent convicted felon who had been released from prison. The killer, [name withheld], was on parole at the time of the murder. He was released from prison after serving 2 ½ years of a three-year sentence for assaulting his infant daughter in 2003.
- This would not be needed if you sentenced those who murder another human being to TRUE life in prison, until they die.

The recidivism rate of violent offenders necessitates the need for a new law that will help keep our communities safe,” said Senator Griffo. “Our goal is to avert future tragedies for New York families who will never recover from losing a loved one because this registry isn’t in place. New Yorkers have the right to know when violent offenders are living in their midst and this initiative will help law enforcement identify criminals who continually commit violent acts.”
- What recidivism rate?  You must be clear here.  Murderers have the LOWEST recidivism rate of any other criminal (which is what the person discussed above did), and sex offenders have the second lowest recidivism rate.

Passalacqua’s grandmother Dale Driscoll, has been leading the fight to establish a violent felony offender registry in honor of her granddaughter.

Passage of this bill will be a tremendous victory for our State in the fight against violent crime,” said Senator Nozzolio. “By putting measures in place for law enforcement to track violent offenders and keeping our communities informed of their whereabouts, Brittany’s Law will save lives. I thank Dale Driscoll for all of her hard work and encouragement in helping Senator Griffo and I fight to enact this legislation to honor the memory of her daughter and granddaughter. I also thank Senator Griffo for his invaluable efforts in developing this legislation.”
- Attach a child's name to any law, and the sheeple will be happy to pass it, even if it affects them and removes their rights.  Anytime you humanize a bill, instead of using the normal HB-XXXX, SB-XXXX, it puts emotions into it, and a face, and people will surely pass it, regardless of the laws intent.

My family and I are tremendously grateful to Senator Nozzolio for his outstanding efforts to get Brittany’s Law adopted in the New York State Senate,” said Dale Driscoll. "Nothing can ever bring Helen or Brittany back, but if this legislation prevents another family from suffering the heartbreak that we have been through, my daughter and granddaughter will not have died in vain.”
- Any law you pass, any law, will protect one person, that is obvious, but millions of others could potentially be harmed by it.  This will not prevent violent crime, nor protect people from violent crime, just like the sex offender laws.  Ask yourself this, why pass hundreds of laws in a child's name when you can just use the existing registry and laws, and put all criminals on a registry?

Violent felons are likely to repeat violent crimes when released from prison. Protecting the public from violent offenders such as [name withheld] is a primary government interest,” said Assemblyman Mike Spano (D,C,WF-Yonkers) who sponsors this measure in the Assembly. "Similar to the sex offender registry, this bill would allow police to keep better track of violent offenders and show criminals that we are serious about cracking down on violent invaders who compromise our safety.”
- I don't believe it.  I have seen many studies (more here) over the years, and most say murderers have the lowest recidivism rate, followed by sex offenders.  Notice they never cite and link to the "study" they are quoting, they just assume you will believe them, well I don't, I like seeing facts.  Anybody can make up stuff like this, but the facts speak for themselves.

The violent felony offender registry would be similar to the New York State Sex Offender Registry. Offenders would be required to register once released from prison and must re-register annually. Information about the offenders would be compiled in the database. Other states have established a violent felony offender registry, including Montana, Illinois, Indiana, Florida, Kansas, Louisiana, Nevada, and Oklahoma.
- So if other states jumped off a cliff, would New York follow?  Probably!

A recent study by the University of Wyoming found that individuals under the age of 25 who commit violent crimes have the highest rate of recidivism. The Urban Institute Justice Policy Center based in Washington, DC conducted a study published in 2003 that found nationwide 53% of arrested males and 39% of arrested females are re-incarcerated.
- Again, I don't believe it.  Studies I've seen show a different story, plus, I've searched both sites above, and do not see any so-called "study" available for viewing.  So I don't just believe someone without proof.

CA - H.B. council mixed on sex offender ban

Original Article
Huntington Beach's proposed sex-offender ban debated



HUNTINGTON BEACH – City Council members on Monday night voted unanimously to draft an ordinance that would prohibit sex offenders in city beaches and parks, but some council members said implementing an across-the-board ban won't work for the city.

Councilman Matthew Harper and Mayor Joe Carchio brought forward the proposed ordinance that is expected to mirror the Orange County Board of Supervisors' law approved April 6, which prohibits offenders in county parks and recreational areas.

"This is a concept to address what's best for our city," Harper said. "I think it's a step that we need to take."

However some council members, careful to not downplay the gravity of sexual offenses, expressed concerns that a ban could be unconstitutional and would unfairly include minor offenders.

Councilwoman Connie Boardman said she received emails from parents who would be impacted by the proposed ordinance.

"Parents who had offenses decades ago, who are now raising children, (could be) prohibited from going to the park," she said. "I'm concerned about the constitutionality of this as well."

Boardman asked for a rule similar to Tustin's, which does not ban offenders but prohibits them from loitering in recreational areas. She called it a small but significant tweak.

Council members Joe Shaw and Keith Bohr sided with Boardman, saying the council should take into account the broad spectrum of offenses that would brand someone a sex offender.

Beyond violent offenses, Bohr said there are situations that shouldn't necessarily cast out certain offenders from recreational areas.

A 19-year-old man with a 16-year-old girlfriend could be slapped with the label along with someone who urinates in public, Bohr said.

"I'd like to be careful how we craft this if we do implement it," he said.

Mayor Joe Carchio said he is willing to send a message that sexual offenders are not welcome in Huntington Beach.

"I will not sit idly by ... not at the expense of our children and families," he said. "This is not a place that I want sex offenders to think they have the run of the city in Huntington Beach, not when I'm the mayor."

Emotion vs. statistics

Harper said the idea of prohibiting sex offenders in parks and recreational areas was sparked by Fullerton's City Council after families complained of a sex offender lurking in one of their parks.

"The families felt powerless," he said.

The county was next to put the ban on paper. The county rule does say sex offenders could enter recreational areas with permission from the Orange County Sheriff. Those who violate the rule could be slapped with a $500 fine.

Huntington Beach is one of a handful of cities to take up the issue in the wake of the county's efforts and is one of at least two that is hesitant to cast a blanket rule.

Irvine approved drafting an ordinance on May 10, despite some hesitancy from City Council members.

Matthew 5

1) And seeing the multitudes, he went up into a mountain: and when he was set, his disciples came unto him:

2) And he opened his mouth, and taught them, saying,

3) Blessed are the poor in spirit: for theirs is the kingdom of heaven.

4) Blessed are they that mourn: for they shall be comforted.

5) Blessed are the meek: for they shall inherit the earth.

6) Blessed are they which do hunger and thirst after righteousness: for they shall be filled.

7) Blessed are the merciful: for they shall obtain mercy.

8) Blessed are the pure in heart: for they shall see God.

9) Blessed are the peacemakers: for they shall be called the children of God.

10) Blessed are they which are persecuted for righteousness' sake: for theirs is the kingdom of heaven.

11) Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake.

12) Rejoice, and be exceeding glad: for great is your reward in heaven: for so persecuted they the prophets which were before you.

13) Ye are the salt of the earth: but if the salt have lost his savour, wherewith shall it be salted? it is thenceforth good for nothing, but to be cast out, and to be trodden under foot of men.

14) Ye are the light of the world. A city that is set on an hill cannot be hid.

15) Neither do men light a candle, and put it under a bushel, but on a candlestick; and it giveth light unto all that are in the house.

16) Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven.

17) Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil.

18) For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled.

19) Whosoever therefore shall break one of these least commandments, and shall teach men so, he shall be called the least in the kingdom of heaven: but whosoever shall do and teach them, the same shall be called great in the kingdom of heaven.

20) For I say unto you, That except your righteousness shall exceed the righteousness of the scribes and Pharisees, ye shall in no case enter into the kingdom of heaven.

21) Ye have heard that it was said of them of old time, Thou shalt not kill; and whosoever shall kill shall be in danger of the judgment:

22) But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the judgment: and whosoever shall say to his brother, Raca, shall be in danger of the council: but whosoever shall say, Thou fool, shall be in danger of hell fire.

23) Therefore if thou bring thy gift to the altar, and there rememberest that thy brother hath ought against thee;

24) Leave there thy gift before the altar, and go thy way; first be reconciled to thy brother, and then come and offer thy gift.

25) Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison.

26) Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing.

27) Ye have heard that it was said by them of old time, Thou shalt not commit adultery:

28) But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart.

29) And if thy right eye offend thee, pluck it out, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.

30) And if thy right hand offend thee, cut it off, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.

31) It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement:

32) But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.

33) Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths:

34) But I say unto you, Swear not at all; neither by heaven; for it is God's throne:

35) Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great King.

36) Neither shalt thou swear by thy head, because thou canst not make one hair white or black.

37) But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil.

38) Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth:

39) But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.

40) And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also.

41) And whosoever shall compel thee to go a mile, go with him twain.

42) Give to him that asketh thee, and from him that would borrow of thee turn not thou away.

43) Ye have heard that it hath been said, Thou shalt love thy neighbour, and hate thine enemy.

44) But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you;

45) That ye may be the children of your Father which is in heaven: for he maketh his sun to rise on the evil and on the good, and sendeth rain on the just and on the unjust.

46) For if ye love them which love you, what reward have ye? do not even the publicans the same?

47) And if ye salute your brethren only, what do ye more than others? do not even the publicans so?

48) Be ye therefore perfect, even as your Father which is in heaven is perfect.

WV - Former Sheriff's Deputy (Sean Marenkovic) Charged With Sex Crimes

Original Article


OHIO COUNTY - A former Ohio County sheriff's deputy is on the other side of the law, facing felony charges.

Sean Marenkovic's indictment was sealed after a grand jury indicted him last week. But on Monday, a judge signed an order to open it.

According to the county prosecutor, Marenkovic is facing two counts of felony sexual assault in the third degree. He remains in custody at the West Virginia Northern Regional Jail.

Marenkovic served as an Ohio County deputy from fall 2001 to summer 2005. Department officials said there were no disciplinary issues with Marenkovic.

If Marenkovic is convicted, he faces one to five years in prison and up to a $10,000 fine.

Death Penalty Discussion (Mark Klass)

Marc Klass posted this video on his channel, and claimed the ruling was about those who kill children, which is wrong, and it is clearly seen in the video itself. Child rapist and child killer are not the same Marc!