Friday, April 6, 2012

AUSTRALIA - Judge cleared to pass sentence on deviant paedophile

Judge Michael Finnane
Original Article

So much for "justice" being blind!

04/07/2012

By Peter Bodkin

A child-sex offender has failed to have a judge banned from sentencing him after a court found comments that all paedophiles should be "starved to death" were meant to be "mischievous and light-hearted".

The convicted paedophile, who cannot be named, lodged a Court of Appeal action to stop Judge Michael Finnane from dealing with any criminal charges against him following the remarks, allegedly made in March last year.

The judge is claimed to have made the comments at a morning tea after the swearing-in of another District Court judge.

In an affidavit, solicitor Greg Walsh said Judge Finnane approached him with a cup of tea in hand and said: "G'day Greg, representing another paedophile are you?"

Mr Walsh was appearing for the child-sex offender, who had been recently arraigned before the judge on 12 charges of indecently assaulting seven boys.

The judge then allegedly said: "Well, you know what should be done with all these paedophiles? They should be put on an island and starved to death ... that's the best thing for them."

The paedophile was previously found guilty of sexually abusing girls in a 2010 jury trial the judge presided over. He called on Judge Finnane to disqualify himself from the sentencing after Mr Walsh told the paedophile's wife about the comments.

Judge Finnane refused to stand himself down after telling a court he was "absolutely certain" that he hadn't discussed the sex offender's case with Mr Walsh or made the comments as claimed.

In a decision this week, the Court of Appeal threw out an attempt to have the judge barred from further handling the paedophile's case or hearing any fresh allegations against him.

Justice John Meagher said the comments, if made as suggested, were made "incautiously" but in an out-of-court social setting with a solicitor the judge had known for years.

He said the suggestion that all paedophiles be starved to death on an island was "exaggerated and not to be taken literally". Mr Walsh also claimed Judge Finnane said all accused sex offenders were guilty after another judge suggested he was biased. But Justice Meagher said the statement was also "unlikely to have been intended to be taken seriously".

Justice Meagher said: "It is also consistent with the first comment having been mischievous and light-hearted".

The paedophile had argued the judge's comments indicated a "formed view" on punishment for child-sex offenders and meant he might not be open to persuasion at a sentencing hearing.

Justice Meagher said it was expected judges would have opinions but they were expected to put those opinions aside during proceedings.


WY - Parents want police chief fired after bringing sex offender into school

Original Article

Pure hysteria!  The man was ESCORTED by a POLICE officer to fix something at the school.  It's not like he was all alone or anything, and thank goodness the Mayor dismissed it!

04/06/2012

By TOM MORTON

BAIROIL -- A teacher and parents of the five students at Bairoil Elementary School formed a small group and prayed for God's guidance to keep them calm before the Town Council met Wednesday evening.

It must have helped, because Mayor M.D. Reaser didn't eject any of them for their angry denunciations of Police Chief John Scott.

On Jan. 16 and March 9, Scott escorted a maintenance man from Saratoga -- a registered sex offender -- to the school during school hours to make plumbing repairs, according to the parents and acknowledged by Reaser, Town Attorney Peggy Trent, and other council members.

"This incident with a sex offender brought into the school with my children present appalls me," Kristi Johnson said. "This is supposed to be a safe community and our police officer is supposed to provide our safety and not break the law by creating unsafe situations."

Parent Veronica Duke read the Wyoming law about registered sex offenders on school grounds when children are present, and the policy of the Carbon County School District, which requires written permission from a school's principal for registered sex offenders to be on school property. While Bairoil is within the northeast corner of Sweetwater County, its school belongs to the Carbon County School District.

"I request no less than the termination of Officer Scott due to his actions toward our school and our children," Duke said. "Registered sex offenders should never be presented to our children in a school, giving our children false ideas that he or she is a safe person or friend. This is an insult to our staff, children and parents. Officer Scott has violated and disgraced the badge he [wears]."

Johnson, Duke and others said they have contacted lawyers and are considering taking legal action against the mayor, council and Scott.

Their concerns are complicated by the relationship between the school and the town, because the town owns the school building itself, said Bairoil Attorney Peggy Trent.

The school district leases the space used for education, but the rest is technically property of the municipality, Trent said.

Bairoil -- population of about 100 -- has had a problem finding qualified skilled labor, said Tony Rigano, who runs the town's water and sewer infrastructure.

Rigano found plumber [name withheld] in Saratoga.

Recalling the March incident, Rigano said Scott escorted [name withheld] into the "cafetorium," or cafeteria-auditorium. "No children were there."

Speaking over the objections of some of the parents, Rigano deemed the matter a personal spat, he said. "What we have here is a witch hunt."

According to the parents and the school's teacher, Joyce Gould, Scott escorted [name withheld] through the cafetorium to the kitchen on March 9 to fix the sink a half-hour before the end of the school day.

Gould said she asked [name withheld] who he was, that she recognized him and told Scott that [name withheld] had not obtained permission to be on the school premises.

[name withheld] was convicted of third-degree sexual assault in 2004 and is on lifetime supervision, according to the Wyoming Attorney General's sex offender registry. [name withheld] did not have a phone listing and could not be reached for comment, according to directory assistance.

According to Gould, [name withheld] realized he should not have been on school property and said, "'I need to get out of here.'"

However, Scott insisted that [name withheld] do the plumbing work, as well as insisting he had the authority to do what he wanted, Gould and parents said.

The police chief also said any school staff who resisted him would be arrested.

After the parents spoke, Scott said the threat of litigation meant he couldn't talk about the incidents

"I'm going to refer everything to the [town] attorney," he said. "I'm not going to comment."

Technically, attorney Trent said the cafetorium is not in the lease agreement with the school.

The lease agreement needs to be amended, Trent said.

But the attorney's dispassionate review of the issue aggravated tensions.

Reaser finally said, "This is over."

But not before resident Dee Adams tried to offer an olive branch to the mayor and council.

"We have parents and residents who feel their Town Council has let them down," Adams said. "You need to take the time to listen."

Even though Trent will be working to resolve the bureaucratic glitches so such an incident doesn't happen again, the parents are still angry, she said.

Reaser responded with "What about my anger?"

The mayor didn't want to hear any more about the incidents involving [name withheld] and Scott, either, he said. "I will not cooperate with this and I will not fire John Scott."


FL - Trial Begins For Men Accused Of Killing Neighbor With Bat, Who They Thought Was A Sex Offender

Michael Garay
Original Article

Update:
Man found guilty of beating elderly man to death with bat

04/05/2012

ORLANDO - The trial for a local man who is accused of beating his neighbor with a baseball bat began Thursday morning in Orange County.

Michael Garay is on trial for first-degree murder because officials said he beat his 79-year-old neighbor to death.

Prosecutors said Garay and his friend, Robert Pascale, killed his neighbor, [name withheld], because he thought [name withheld] was a sex offender.
- As if that would justify murder?

Officials said in a drunken rage, Garay went next door to Hugh [name withheld]'s trailer in Bithlo and killed him in May of 2010.

Robert Pascale
"The killing of [name withheld] was simply senseless. This 79-year-old man, who not even weighed 135 pounds was sitting in his trailer out in east Orlando in Bithlo in his underwear in the middle of the night between May 11, 2010, and May 12, 2010. This defendant, Mr. Garay, and his co-defendant, Mr. Pascale, forcefully entered his home and beat him with a baseball bat until he was dead," said prosecutor Will Jay.

[name withheld] was not a sex offender.

Shortly after being arrested Pascale apologized.

According to Garay's attorney, his client made some bad decisions but did not kill [name withheld].

"The man, the co-defendant he knew, had just bludgeoned a man to death. My client, Michael Garay, after witnessing the aftermath of the crime that the co-defendant, Robert Pascale, had committed made some bad decisions out of fear. He feared what Robert Pascale might do to him," said Garay's attorney, Joe Davis.

Garay's trial is expected to last a week and if he's convicted he could face life in prison.

Garay and Pascale are being tried separately.

Pascale was set to go on trial next week, but his attorney said the trial most likely will be held later.


GA - GBI to take over state's sex offender registry board

Original Article

04/05/2012

By Erica Byfield

ATLANTA - Gov. Nathan Deal is asking the Georgia Bureau of Investigation to take over the state's sex offender registry review board.
- This is the same person who created the review board in 2006, here.  So what makes him think the GBI will do a better job?  They cannot even get the information on the registry correct!  It's better for an appointed board of sex offender experts and psychologists to run this, not the GBI!

His staff said he made the suggestion when he discovered the board had a 4,000-case backlog.

A viewer alerted Channel 2's Erica Byfield to the story.

Brian Robinson, Deal's Deputy Chief of Staff, told Byfield the backlog deals with determining threat levels not identifying the offenders.

"We know who they are, we know where they are living, we know what they are up to," Robinson said.
- Yeah, sure you do, just like I know what my neighbor is doing 24/7!

Georgia's Sex Offender Registry Review Board is run by the Department of Behavioral Health and Development Disabilities.

The board's job is to categorize offender's threat levels. A level one offender has a low risk of offending again, a level two offender has an intermediate risk and the highest level, called a "sexually dangerous predator" is someone the board believes may offend again.

The Department of Behavioral Health and Development Disabilities does not have any ties to law enforcement, thus it makes it difficult for the board's investigators to access federal criminal databases.

Robinson said the GBI's involvement will help smooth out the process.

"It will help them do their job more effectively and we hope starting July 1, when this bill takes effect, it will begin to clear out that backlog and smooth out the kinks in the system," Robinson said.
- I seriously doubt that.

The governor suggested the change and lawmakers have passed a bill to make the change.

Deal is expected to sign the bill within a month.


FL - North Bay Village residents worried about nearby sex-offender camp, created by the state and Ron Book

Bookville, coming to a town near you!
Original Article

04/05/2012

By Lidia Dinkova

Some residents of North Bay Village are worried about sex offenders wandering into town from across a bridge to the west.

North Bay Village is one bridge away from the Shorecrest street camp to which sex offenders report at night — and that proximity concerns a handful of residents of the three-island city.

It bothers me,” said Eva Exposito, 67. “They are sex offenders. They can bother kids. If I had my grandkids here or they were nearby, I would be up in arms.”

Since the media reported about a month ago that sex offenders had set up camp on a sidewalk along Northeast 79th Street and 10th Avenue, North Bay Village Mayor Connie Leon-Kreps has received about a half-dozen calls from concerned residents who fear that the sex offenders will wander into the city.

Zombie Sex Offenders Roaming Our Streets!
The western North Bay Village city limit begins at the eastern edge of Pelican Harbor, a drive over the JFK Causeway from 10th Avenue.

The issue of where sex offenders need to be at night, and their living on the street, stems from a Miami-Dade County ordinance that dictates it is illegal for them to live within 2,500 feet of schools. An ordinance prohibits sex offenders from coming into a park where a child or teen younger than 16 years old is present. The only exception is for a sex offender who is the parent or legal guardian of a child in the park. The same rule applies for child-care facilities.
- This is where the are forced, by state laws, to sleep AT NIGHT when most kids should be in bed!

The Miami Herald has reported that there are about 13 sex offenders living at the 79th Street camp, according to the state Department of Corrections. The department has denied that it directs offenders to the site when they are released from prison.

The Shorecrest area is where they have to report at night. But during the day, they can “drive into any community they want to,” said North Bay Village Police Chief Robert Daniels.

To Jean Ferris, 69, the Shorecrest sex offenders’ camp is “unfair” to North Bay Village and Shorecrest residents, as well as to the offenders themselves.

It’s totally inappropriate for people to be put in that situation, no matter what crime they are convicted of,” said Ferris, of North Bay Village. “It is compromising the families who live nearby with children.”

Ferris has been thinking about selling her North Bay Village home. But she thinks its value would decrease because of its proximity to the 79th Street camp.

Who is going to want to buy a house that is over the bridge from that?” she said.

Ann Bakst, 74, of North Bay Village, said the camp does not bother her.

The sex offenders “have paid their debt,” she said. “And they are not even giving them a chance.”

The 79th Street camp resembles a similar one set up about five years ago under the Julia Tuttle Causeway. About 100 men lived there due to county law restrictions. Drawing nationwide criticism, the camp was later disbanded.

According to Miami Herald archives, the city of Miami will sue the state Department of Corrections in an effort to stop the influx of newly-released-from-prison sex offenders to city streets.
- How ironic! The state passed a law which is 1,000 feet, but THE CITY OF MIAMI are the ones who made that 2,500 feet, and thus caused this problem. So they want to sue the DOC for a law they created? And I noticed on their Facebook, Twitter and YouTube pages, they do not mention anything about the sex offender concentration camps! Wonder why?

In the meantime, there is no clear solution to the problem. The county Homeless Trust has said it would try to find homes for the sex offenders, but it is not prioritizing them over other people in need, The Miami Herald has reported.

Living on the street in that corner is nonsense,” Ferris said. “They cannot allow this to turn into another Julia Tuttle Causeway. And this is what is setting up to happen."


CA - California RSOL meeting in L.A. on April 21st at 10am

California RSOL will return to Los Angeles on April 21 for a regular monthly meeting.

The meeting will begin at 10 a.m. and be held at the ACLU Building, 1313 W. 8th Street, Los Angeles.

The meeting is open to registrants, family members and supporters only.

The meeting will include presentations by attorneys, pscyhologists and registrants who have successfully challenged residency restrictions and parole conditions.

There is no charge to attend the meeting.

For additional information, call (805) 896-7854.