Wednesday, June 13, 2012

LA - Former Iberia Parish Sheriff's Deputy (Daniel J. Bourque, Jr.) Sentenced in Federal Court for Child Porn Charges

Daniel J. Bourque, Jr.
Original Article

06/13/2012

United States Attorney Stephanie A. Finley announced that former Iberia Parish Sheriff's Deputy Daniel J. Bourque, Jr., 33, of Erath, La., was sentenced today to serve 12 years in federal prison for receiving child pornography. The sentence was handed down by U.S. District Judge Richard T. Haik in federal court in Lafayette. In addition to the prison term, the judge also sentenced Bourque to 15 years of supervised release following confinement.

Bourque pled guilty in February of 2012 to receiving child pornography. The investigation revealed that the defendant used an internet peer to peer site which is regularly used to receive child pornography. During a search of Bourque's residence, he admitted to agents that he had downloaded child pornography from the internet. Agents seized five hard drives, cell phones, and various compact discs which contained approximately 15 videos of child pornography and approximately 630 images of child pornography.

United States Attorney Stephanie A. Finley stated, "Anyone who distributes, downloads or collects child pornography will face serious consequences. They should understand that this office, along with our federal, state and local partners, is committed to doing everything we can to protect children. We will prosecute these cases to the fullest extent of the law and will ask for sentences that reflect these horrendous criminal acts."

The case was investigated by the Louisiana State Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney James T. McManus.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.


CANADA - Former cop (Brandon Fraser) sentenced for sex with 14-year-old boy

Brandon Fraser
Original Article

06/13/2012

By Sam Pazzano

TORONTO - A former police officer who had sex with a 14-year-old boy was given the minimum 14-day jail sentence Wednesday and asked to lecture on the “pitfalls and perils of underage sex.”

Madam Justice Rebecca Shamai said Brandon Fraser will serve his sentence - which is the mandatory minimum for sexual interference - on weekends and ordered him to perform 180 hours of community service and serve one year on probation.

The judge also strongly recommended Fraser speak out against adults having sex with adolescents as part of his community service. She didn’t detail how the former Toronto police officer would perform this role.

Parliament enacted criminal sanctions to prevent “immature young people” from being sexually exploited by older adults, said Shamai. She said that Fraser used no violence and there was no breach of trust in this case.

Fraser’s lawyer Gary Clewley said the judge’s suggestion “is a great idea."

This is a classic example of conduct that can be avoided if the right message is sent out and his actions cost him a promising career as a police officer,” said Clewley in an interview afterwards.

On Tuesday Fraser, now 25, pleaded guilty to sexual interference for having anal intercourse with the teen in 2009.

The sentence fell far short of the 12 to 18-month prison sentence sought by Crown attorney Louise Collins. She described Fraser’s actions as “intrusive, not simply an act of touching.”

She noted that Fraser was warned by Peel police in November 2008 after being caught in a secluded suburban parking lot that it was illegal for the then-22-year-old to have sex with a 14-year-old boy. Despite that caution, he engaged in one act of sodomy with the teen, then either 14 or 15, in 2009, said Collins.

This incident came to light after investigators with Toronto Police professional standards unit learned that Fraser was sexually involved with another 17-year-old Scarborough boy, whom he met in September 2010, the next month after Fraser became a cop.

Court documents indicated Fraser misrepresented himself as a 19-year-old, when he was in fact 24. The relationship continued until March 2011 with Fraser supplying the teen with a cell phone, money for clothing, food and transportation.

Fraser was charged last year with sexual exploitation. But that charge was withdrawn because the Crown had no reasonable prospect of conviction since further police investigation determined there was no breach of trust or relationship of dependence between Fraser and the 17-year-old.

Fraser was fired a year ago after serving only seven months on the job.

He apologized in court and said he “wanted to put this matter behind me.”


AL - Tougher surveillance law could put Peeping Toms on sex offender list

Original Article

06/12/2012

By Paul Gattis

HUNTSVILLE - [name withheld] of Decatur has already been convicted seven times for criminal surveillance. He's currently in jail in Morgan County for three more charges of surveillance, as well as three burglary counts. Warrants for surveillance are also outstanding in Huntsville and Michigan.

Yet, because [name withheld] kept slipping through the criminal justice system to commit the same crimes again, Decatur city prosecutor Emily Baggett took action.

After Baggett pushed for tougher penalties, Sen. Arthur Orr sponsored a bill that was signed into law by Gov. Robert Bentley in April.

Now a conviction of criminal surveillance for the purpose of sexual gratification could, at the discretion of the prosecutor, result in placement on the sex offender registry.

"This one case brought the issue to the forefront," Baggett said Monday.

According to Baggett, [name withheld] is 50 years old with ties to Michigan but he is listed in court records with a Spring Avenue address in Decatur. He would spy on women in bathroom stalls in restaurants and department stores, said Baggett.

A pattern developed in Alabama, where [name withheld] was arrested for surveillance in Decatur and Athens, as well as the case pending in Huntsville.

There were similar incidents in Michigan, where a felony extradition order has been filed.

"If you really think about it, if somebody does this a lot, and some people do, you want to be aware," Baggett said. "It's kind of scary that somebody can continue to watch somebody in the bathroom and nothing really ever happens."

Senate Bill 148 changed that. It's now aggravated criminal surveillance to spy on someone with a reasonable expectation of privacy - such as a bathroom stall in a restaurant - "for the purpose of sexual gratification."

The crime has been upgraded to a Class A misdemeanor - which meets the level of requiring to register as a sexual offender, Baggett said. A second conviction on aggravated criminal surveillance is a Class C felony.

Previously, each conviction was a Class B misdemeanor.

Orr, who sponsored the bill, said the issue resonated with the Legislature because neighboring states have tougher criminal surveillance laws. And Alabama's previous law "was not enhanced for repeat offenders," Orr said.

"It's not something that will hopefully be used a lot," Baggett said. "But with technology, there is a concern about sexual voyeurism. Our laws don't really, in comparisons to other states, don't have the protection."


OH - Sex offenders to be Checked on More Often

Original Article

06/12/2012

Police went door to door Monday night, checking to see if offenders were living where they said they lived.

A joint task force of city, county, and federal authorities focused on the most dangerous and predatory offenders, who are required to register at the Montgomery County Sheriff's Office for life.

Authorities said of the 131 doors they banged on, they found seven offenders were not in compliance.With dozens of sex offender files in hand, authorities planned to spend the next week trying to track down around 350 of Montgomery County's most violent sex offenders.

"We're doing a sex offender compliance sweep to make sure you say you're staying where you say you're staying at," a deputy said.

"Mind if I come in?" a deputy questioned of one sex offender Monday.
- If you are not on probation or parole, you do NOT have to let them in the door.

Authorities checked every sex offender's home for mail addressed to the offender, and other personal items to verify the offender is actually living there.

"Sex offenders have one of the highest levels of recidivism," Sr. Inspector Bill Taylor said.
- Once again a lie! It's not high, it's one of the lowest of any other criminal, and we have MANY STUDIES to prove that.

"You can't cure certain levels of these sex offenders. So if you're a mom living next to a predator, most moms are going to want to know that. You're not going to want your kids playing in his yard."
- Sure, not everyone is wanting help, that is a fact, but if you just assume you cannot "cure" them, then what's the point? Also, just because someone is labeled a "predator" doesn't mean they are after kids!

"It's good because there are a lot of kids around here," said Shontee Clomenan, who lives next to a sex offender.

Authorities say the majority of sex offenders do tell the Sheriff's office their correct address.

"For those that do, they have no enemy with us," Taylor said.

"We aren't confrontational, we're not there to embarrass them or cause them any additional stress."
- You may not be there to cause additional stress, but your mere presence does just that. If you want to help eliminate the stress, you should come in an unmarked car and street clothes, not a sheriff's car and full police uniform.

"Convicted rapist [name withheld] is compliant, but he was still less than happy to see officers at his front door Monday."

"They just list rapists as sexual predators, and mine isn't a sexual predator," [name withheld] said.

"Sexual predators are for kids and mine was an adult."
- This is not true. You can be a predator if your victim was an adult.

For the offenders who weren't home Monday, officers left a flyer on their door, telling them to contact the Sheriff's office within the next 24 hours to confirm their whereabouts.
- What if they are out of town or visiting friends?

If an offender turns up non-compliant, a warrant is issued for the violator's arrest.