Friday, November 25, 2011

GA - Hundreds of Georgians shake off public stigma

Original Article


By Andria Simmons

[name withheld] will always remember Dec. 3, 2010, as one of the best days of his life. It was the day his name was stricken from the Georgia Sex Offender Registry thanks to a new state law.

[name withheld], 37, of Stone Mountain, has never been charged with a sex crime. In 1993, an armed 18-year-old [name withheld] broke into a house to rob it. Once inside he commanded a boy to lay on the ground, an act that resulted in a false imprisonment of a minor charge. By Georgia law that put him on the registry.
- It is stuff like this why the registry, if kept, should be renamed from "Sex Offender Registry" to "Child Endangerment Registry," or something similar.

[name withheld], who now works as an HVAC repairman, is among 819 people whose names have been erased from the sex offender registry since May 2010. That’s when the new law took effect relaxing some requirements for removal from the registry.

The Legislature’s revision of a 2006 sex offender law, seen as one of the toughest in the nation, was intended to remove those who don’t likely pose a threat to the public from the list and fend off a barrage of lawsuits filed by civil rights groups who claimed many of its provisions violated the state and federal constitutions.

There has been a general consensus among law enforcement and lawmakers that sheriff’s departments across Georgia, which are tasked with monitoring the state’s 20,676 registered sex offenders, were spending too much time and resources monitoring low-level offenders.

The new law is giving law enforcement some relief while sparing those who are least likely to commit more crimes from the rigors of monitoring, said Sarah Geraghty, a senior attorney for the Southern Center for Human Rights.

The former law suffered from a defect of diluting the registry with people like [name withheld] who are not what we typically think of as offenders,” Geraghty said. “A more tailored registry permits law enforcement officers to focus limited resources on people who committed serious sexual offenses.”

The law now allows people who committed misdemeanors, like a “Romeo and Juliet” statutory rape involving teenagers close in age, to be automatically stricken from the registry upon completion of their sentence.

A “safety valve” in the law allows certain low-risk offenders to be released from registration requirements and freed from restrictions on where they can live and work if a Superior Court judge approves their petition.

Some of these offenders, unlike [name withheld], have been convicted of sex crimes. Some of the crimes involved children. Judges decide who should be released from registry by reviewing the offender’s behavior since their convictions and the results of psychological testing. Such testing determines whether someone on the registry is likely to commit another sex crime.

There are 136 people who have succeeded in petitioning a Superior Court judge for removal under the new rules since July 1, 2010.

A few examples include:

  • A 48-year-old Pine Lake man who pleaded guilty to one count of child molestation in Cobb County in 1999.
  • A 50-year-old Gainesville man who pleaded guilty to sexual battery on a minor (making contact with the “intimate parts” of another’s body without their consent) in Cobb County in 1999.
  • A 30-year-old mentally retarded man from Atlanta who was convicted in 1997 in DeKalb County on a charge of enticing a child for allegedly kissing a younger cousin on the mouth.
  • A 27-year-old Polk County man who pleaded guilty to a count of sodomy in 2003 for having consensual sex with a 15-year-old when he was 17.

District attorney and sheriff’s offices receive notice when someone petitions to be removed from the list and are given a chance to object. Defense attorney Page Pate, who has handled several petitions, said that when there are objections, the judges typically do not grant the removal.

Gwinnett County District Attorney Danny Porter said he thought the law change was a great idea.

We ought to be worried more about predators and less about people that got caught in cars when they were 16,” Porter said.

There has been at least one consequence to the law that was not so favorable, or at least not for law enforcement officers, said Tonia Welch, training director for the Georgia Sheriff’s Association.

The revision was designed to help deputy sheriffs make better use of their time and resources when monitoring sex offenders. But deputies now have to take into account the date when an offender’s crime was committed before they can determine if they are subject to the 1,000-foot residency restrictions barring them from living near a church, school, park or other place where children gather.

After the law changed, individuals whose crimes were committed prior to 2003 no longer had move out of their homes or risk returning to jail if they subsequently learned they lived near a church or school.

It complicated things,” said Welch. “It did not lessen the amount of time spent tracking, observing or monitoring sex offenders.”

For two and a half years after [name withheld] walked out of prison a free man, he struggled to find a place to live that met the strict requirements of the state. [name withheld], now a heating and air conditioning repairman, had to stop giving motivational speeches at public schools and churches, where he shared his story to help youngsters avoid making similar mistakes. Explaining his background to acquaintances who discovered he was on the registry was a constant source of embarrassment.

[name withheld] said he’s grateful to shed the stigma and move on with his life.

People, when they hear sex offense, they automatically think pedophile,” [name withheld] lamented. “They don’t necessarily think of guys who had a situation like mine.”

NY - Former Sheriff's deputy (Alexander Nicholson) sentenced to two years in state prison for engaging in anal sexual conduct with a 14-year-old boy

Alexander Nicholson (Left)
Original Article


By Jim O'Hara

Syracuse - Defense lawyer Emil Rossi this morning tried to focus attention on all the commendations former Sheriff's Deputy Alexander Nicholson received in his career as a law enforcement officer.

"Unfortunately what he did here has marred that to a very significant degree," County Judge Joseph Fahey responded.

The "what he did here" Fahey was referring to was Nicholson's engaging in sexual conduct with an underage boy. That's why Nicholson was standing in court today, facing sentencing for that criminal conduct.

Fahey said that criminal conduct could not be overlooked as he sentenced Nicholson to serve two years in state prison.

Nicholson 35, of [address withheld], pleaded guilty Sept. 14 to one felony count of second-degree criminal sexual act, admitting he engaged in an act of anal sexual contact with a 14-year-old boy sometime between July 12 and Aug. 31, 2007.

That was one of 36 counts in an indictment accusing Nicholson of abusing his authority as a law enforcement officer to engage in sexual encounters with two underage boys.

Nicholson had nothing to say in court at his sentencing today.

Rossi told Fahey his client simply was unable to speak in court with his family present.

"There's a lot he wants to tell you, but he can't," the defense lawyer told the judge.

Rossi then said Nicholson had accepted complete responsibility for his conduct. But the defense lawyer said that didn't define all there was to know about Nicholson.

Rossi then read a portion of a letter written by Nicholson's father, a former sergeant with the Watertown Police Department, who noted his son had always wanted to be a police officer and was always willing to help others.

Rossi then read from a Sheriff's Office commendation involving Nicholson being awarded the department's Medal of Valor in 2008 for defusing an incident in which he had been confronted by an intoxicated man armed with a loaded shotgun.

Nicholson also saved two lives through his work with a program pushing the use of defibrillators, talked a distraught veteran out of harming himself in a 2003 incident and received a department letter of commendation for his part in a robbery/stabbing investigation, the defense lawyer told Fahey.

Rossi returned to Nicholson's father's letter, in which the older man noted he and his wife had health issues and relied on their son for help since their other two sons lived in Texas and Kentucky.

When Rossi finished, Fahey said there was no question Nicholson had done a lot of good in his tenure as a law enforcement officer. But that didn't mean the state prison sentence wasn't a just punishment for Nicholson's criminal conduct, the judge added in imposing the penalty.

Nicholson could have faced up to seven years in prison for the most serious charges lodged against him in the indictment. But the prosecution agreed to the two-year sentence in a plea deal that also was accepted by the families of the two victims.

The victims were not in court and their families had no interest in addressing the court at Nicholson's sentencing, Chief Assistant District Attorney Matthew Doran said. The families, however, have retained a lawyer to pursue a possible civil lawsuit in connection with the molestation of their sons.

Outside court, Rossi said he did not mean to overlook the victims by his courtroom comments. He said he thought he addressed them in noting Nicholson accepted full responsibility.

Asked what his client wanted to say to Fahey but was unable to, Rossi said Nicholson wanted to say he wished he could turn back time "to make the situation right, or better yet, to undo it. But that's an impossibility."

As he left court, Doran said both victims have exhibited a strength of character that should make it possible for them to go on with their lives.

But he noted they both met Nicholson in his position as a law enforcement officer. One of the boys has said he is reminded of what happened to him with Nicholson every time he sees a police officer, the prosecutor said.

Doran said he thought the two-year state prison sentence was fair. Nicholson may have been treated more harshly than a similar first-time offender but that was because of the abuse of trust in his conduct, the prosecutor added.

Fahey recommended that Nicholson serve his sentence in a special unit set up for law enforcement officers in the Clinton Correctional Facility in Dannemora.