Friday, August 5, 2011

GA - Updated Sex Offender Registry Removal Petition

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UT - Wrongly convicted man shares story of faith, redemption

Original Article

08/04/2011

By Carole Mikita

SALT LAKE CITY -- From the depths of despair to exoneration, Utah resident Ted White has quite a story to tell. But he says what he learned from these experiences about faith and redemption have helped him to move forward.

On Friday, July 22, White held a news conference, putting a period on what he describes as a living nightmare.

"It's like having a hundred pound feed sack, lifted off of your shoulders. Because you fought so hard for all these years, and then to have it come to an end … it was unbelievable," he said.

Before moving to Utah a few years ago, he had lived in and worked as a businessman in Lee's Summit, MO, outside Kansas City. In March of 1998, his wife told police that he had sexually abused her 12-year-old daughter.

Three months later, the detective who took the case told his police chief he was having an affair with the suspect's wife. Nevertheless, the detective remained on the case.

In February of 1999, White was convicted but fled to Costa Rica, where authorities caught him. He spent a year in a prison there, where his life was threatened.

It happened again when he was returned to a Missouri prison.

"(I had) seven knife fights, I was hit with a padlock in my eye socket … had to have reconstructive surgery... stabbed."

White says when he was at his lowest, Mother Opal, an 84-year-old prison visitor, taught him about the Bible and forgiveness.

When he moved from Jackson to Clay County prisons, Latter-day Saint missionaries taught him to give his anger to the Lord.

"I had to really forgive them and get on my knees and pray for the person who took my kids away," he said. "That's when everything happened -- it was miracle after miracle after miracle."

Midwestern Innocence Project attorneys got White a new trial, which ended in a hung jury. The trial was set for a third time, but White had no money. That is, until a visit from secret Santa Larry Stewart -- a man who handed out hundred dollar bills at disasters or at Christmas and helped those he believed were wrongly convicted. Stewart footed the bill for the third trial.

Eventually, White was acquitted in 2005. He then sued his ex-wife, the former detective, the police chief and the city of Lee's Summit.

In 2006, Lee's Summit agreed to pay any judgment against the former detective. In 2008, a jury awarded White $16 million.

The city initially refused to pay, but this year, after a district judge threatened Lee's Summit with a crime fraud hearing, the city agreed to pay.

Ted White still believes in the Constitution, the legal system and that he someday will return a spiritual favor.

"You just don't know the effect you have on people. And I hope I can have that same effect and help people like my missionary did for me," he said.

White calls himself a blessed man. He has a new family in a new state, where he has found friends. And he hopes one day to be with the three other children he hasn't seen since his arrest. He said the door is always open. White remarried three years ago and he and his wife and 2-year-old daughter live in Utah where he is re-establishing a health insurance business and writing his story.


Is Vogue Magazine Creating Pedophiles?

Original Article

08/05/2011

By Dr. Keith Ablow

The French edition of Vogue is rightly under fire for publishing a series of photos of Thylane Lena-Rose Loubry-Blondeau, a 10-year-old who appears in heavy makeup and a plunging neckline exposing her nonexistent cleavage and stiletto heels.

Blondeau's beauty has been compared to that of film icon Brigitte Bardot. She is, however, most likely years away from puberty and more years away from being able to have a consensual sexual relationship with an adult.

The images of Blondeau prove beyond any doubt that children are now being portrayed as erotic by mainstream media and industry. I’ve been warning about this trend for a long time, noting, for instance, that clothing companies like Abercrombie and Fitch were selling padded bikini bras for 8-year-olds (without any boycott of their stores), that Spanish toymaker Berjuan is selling a doll to little girls that encourages them to breastfeed (while wearing a vest that has flowers instead of erect nipples) and that fashion house Juicy Couture has no problem finding parents who’ll buy their little girls tight velour sweat suits with the word Juicy emblazoned across their bottoms.

In one Vogue photo Blondeau is pictured lying on her stomach atop a tiger pelt.


She is wearing diamond earrings, lipstick, eye makeup and a red dress. In another, she looks about 20, with her mouth open and her finger gliding along her scarlet lips. The clear message is that it is A-OK to feel sexually stimulated by her (since that is the obvious intention of the photos), that little girls are inherently sexually desirable and that they desire men, in turn. Why else, the unconscious part of a man asks himself, would she dress that way?


The answer is, of course, because her reprehensible parents (no better than pimps) got paid to dress her that way by Vogue, and Vogue gets paid to dress her that way by selling magazines. But that doesn’t do away with the impact of the images themselves. Men don’t dismiss what they are made to feel sexually about little girls simply because they are looking at a staged photo shoot, any more than they dismiss their sexual feelings about female movie stars simply because they know the glib and erotic things they are saying and doing are scripted.

It may be that something about social media and the Internet and technology is contributing to this trend. The fact that little girls have assimilated glib, flirtatious turns of phrase harvested from the Web (without even intending to be glib or flirtatious) and that they own the props of adulthood—like cell phones—prompts damaged men to think of them as little adults.

Not only do I believe Vogue is stimulating pedophiles to act on their desires, but I believe Vogue and Abercrombie and Juicy are creating pedophiles by coaxing dark, illegal desires out of men who would never have otherwise consciously felt them, let alone acted upon them.

Any adult woman who buys a Vogue magazine, or sets foot in an Abercrombie and Fitch store or buys a stitch of Juicy clothing (just to name a small number of examples) is on the side of those who would deprive our children of childhood and turn them into the targets of predators.


NY - Editorial: Sex offender residency limits: good riddance to bad legislation

Original Article

08/05/2011

Last week Saratoga became the latest Capital Region county to have its sex offender residency law struck down in court. That’s a situation to welcome, not regret, because these measures, passed within years of each other (2005-2008) by Albany, Rensselaer, Schenectady and Saratoga counties at a time when sex offender hysteria was running high, were unfair, unnecessary and didn’t enhance public safety — may have even diminished it.

All of the laws were slightly different, but all severely restricted where sex offenders could live or work — banning them from within a certain distance (in Saratoga County’s case, 1,000 feet) of schools, daycare centers, swimming pools and other places children congregate. It didn’t matter that their crime may not have involved kids, or that most child abusers target friends or relatives, not strangers. It didn’t matter how serious was their offense, or how likely they were to offend again. What mattered was that politicians could claim they were doing something to protect “our kids” from these “dangerous predators.”

In reality, they may have been making things more dangerous. A sex offender facing such draconian restrictions would be less likely to register with the state, which allows authorities and neighbors to keep an eye on him. A sex offender facing these restrictions would also be less likely to hold a job, establish roots in the community, get treatment — and otherwise lead the kind of normal life experts tell us makes a person less dangerous.

Interestingly, no county that has had its law thrown out has appealed. This may be an indication that the politicians weren’t really committed to the laws; they were just taking advantage of what they saw as an easy, popular issue (sex offenders don’t have a strong lobby; nobody is, or wants to be seen as, for them). A more practical consideration is that if they had appealed they would almost surely have lost, because the judge’s decision in each case was based not on the merits of the case but the fact that the state has its own sex-offender residency legislation which pre-empts the local law.

The state law is a milder version of the local ones, making distinctions, such as the sex offender’s level of danger, whether his victim was a child, and whether he is on probation or parole, that they did not. But it still deserves to be challenged — not strengthened, as Waterford Town Supervisor John Lawler suggested asking the state to do after the county law was shot down.


MA - SJC: 2006 law banning sex offenders from nursing homes unconstitutional

Original Article

08/05/2011

By Kyle Cheney

A 2006 state law prohibiting the most serious sex offenders from living in nursing homes or other long-term care facilities is unconstitutional, the Supreme Judicial Court ruled unanimously Friday, contending that it infringes on their liberty and property rights and violates their 14th Amendment right to due process.

In a ruling penned by Justice Fernande Duffly, the court contended the 2006 law strips level three sex offenders of the right "to live where they choose" without providing any opportunity for those offenders to defend themselves through a public hearing process to present a rebuttal.
- So what about the residency restrictions?  That also limits their right to live where they choose.

"The statute presumes that all members of a class of sex offenders are dangerous to every community of rest home residents," Duffly wrote. "It affords no opportunity for the plaintiff to demonstrate that he represents no or a minimal danger to the community the law is intended to protect and makes no provision for the necessary balancing of the plaintiff’s individual circumstances against the Commonwealth’s interest in protecting vulnerable elders from sexual assault."

Duffly noted that the court has previously upheld laws that require sex offenders to register with the state, which may in turn publicly post their registration information online. In those instances, sex offenders are entitled to a hearing to rebut their classification. But that classification hearing is not enough to deprive offenders of their freedom of movement, which the court argued is a much more significant limitation than the limits on their privacy rights imposed by the registration requirement.

The Legislature included prohibitions on level three sex offenders in nursing homes, infirmaries, rest homes and charitable homes for the elderly or developmentally disabled as part of a larger 2006 law that extended the statute of limitations for prosecuting sex crimes against children. The provision punishes violators with a sentence of up to 30 days for a first offense, and up to two-and-a-half years in a house of correction or five years in state prison, and a five-year minimum sentence for any subsequent offense.

When the law passed the House in 2006, Rep. Eugene O’Flaherty highlighted the provision and said he would spare his colleague "graphic details" about incidents in nursing homes that had occurred involving level three sex offenders.

In the case ruled on Friday, a level three sex offender identified only as John Doe would likely have become homeless and personally endangered if he were forced out of the rest home in which he resides, according to the SJC.

"[T]he plaintiff must have an opportunity to establish that he poses minimal risk to the community the statute was intended to protect and, if removed from the rest home, will likely become homeless and expose himself to significant harm," Duffly wrote.

According to a background of the case included in the ruling, John Doe - diagnosed with Asperger’s Syndrome and who also suffers from glaucoma, seizures and "poor personal hygiene" - was convicted in 1992 of two sexual offenses involving young male children. He was jailed again in 1997 for a parole violation that was not a sex crime. When he was released in 2008, Doe was found "not to be sexually dangerous."

Upon his release, Doe stayed in a homeless shelter for a year and was attacked several times, once resulting in hospitalization. He was released from the hospital and placed in a state-regulated rest home in February 2009. Staff at the rest home were aware of his status as a sex offender. According to the court’s description of the facts, Boston police notified Doe in 2010 that he was ineligible to remain in the rest home under the 2006 state law. A court-appointed defense attorney then sought legal protection to keep him in the home.

The Sex Offender Registry Board concluded that although Doe’s age - he was 65 at the time the proceedings against him began - the fact that his crimes never involved adult victims, and the fact that the rest home provided him with a "stable environment," his criminal history and lack of counseling put him at a "high risk of reoffense and high degree of danger" that required him to register as a level three offender.

Julie Goldman, a prosecutor in the office of Attorney General Martha Coakley, litigated the case on behalf of the Boston Police Department, the attorney general’s office and the Sex Offender Registry Board.


PA - Ex-Marysville officer (Robert Pavlovich Jr.) pleads no contest to molestation charge

Robert Pavlovich Jr.
Original Article
Previous Article

08/04/2011

By Myles Snyder

NEW BLOOMFIELD (WHTM) - A former Marysville police officer serving a minimum 10-year sentence for molesting or propositioning nearly a dozen young women has pleaded no contest to repeatedly having indecent contact with another teen.

Robert Pavlovich Jr., 43, made the plea in Perry County court Wednesday to charges including aggravated indecent assault, corruption of minors, and unlawful contact with a minor.

By pleading no contest, he admitted no guilt but conceded prosecutors had enough evidence to win a conviction.

The charges stemmed from allegations brought against Pavlovich following his 2009 conviction.

His accuser testified during a preliminary hearing last year that Pavlovich first approached her at a bus stop when she was 14 years old. She said Pavlovich was in uniform and was driving a police cruiser.

After the initial encounter, she said Pavlovich often came to her house and molested her. She said there were at least 30 encounters between 2001 and 2004, and that Pavlovich called her frequently and sometimes tried to get her to sneak out late at night by shining a light into her bedroom window.

Pavlovich will serve no additional prison time. As part of the plea deal, he agreed to serve 2-5 years concurrent to his initial sentence of 10-26 years.

Steve Snyder, the attorney who represented Pavlovich's first accusers in a civil lawsuit against Marysville Borough, said he wasn't happy with the outcome.

"We would have hoped that this sentence would have gone consecutive as well instead of concurrent," Snyder said. "My understanding is that his attorney wouldn't agree to consecutive."

"We think this guy is sick," he added. "We think he belongs in prison where he is and we would have liked to see him stay there longer."