Friday, December 7, 2012

NH - Court says sex offender must report MySpace info

Original Article

The injustice system in this country is insane. You have Democrats fighting Republicans, the president fighting everybody who disagrees with him, federal government fighting state government, lower courts fighting higher courts, etc. We will fall, just like the Roman Empire! It's only a matter of time.

12/07/2012

CONCORD (AP) — The New Hampshire Supreme Court ruled (PDF) Friday that a sex offender who failed to report the creation of a MySpace account can be prosecuted.

The court unanimously reversed a trial judge’s order dismissing the felony indictment against 40-year-old [name withheld] of Manchester. The trial court ruled that because [name withheld] created the MySpace account using his real name and an email address already on file, he had satisfied the state’s sex offender reporting requirements.
- Sounds to me like he did what he was suppose to do.  He registered his email addresses.  So does he have to register every single web site he visits now?  Sure sounds like it to me.  Next they will push Big Brother into the offenders home and require them to put spyware on their machines to monitor them.  This is like telling someone you have to register your home address, which they do, but then they go spend the night with someone, and is arrested the next day for not reporting that address.  This is basically the same, IMO.

But the Supreme Court ruled that creation of the social media account falls squarely within the statute’s requirement that convicted sex offenders must report any online identifiers and user profile information.

"Requiring a registered sex offender to report the creation of a MySpace profile or online profile promotes the investigatory purpose of the statute by providing law enforcement with the means to monitor and track the offender’s online activities," Justice Gary Hicks wrote. "Such a requirement also serves to discourage the use of social networking for predatory purposes because the offender knows he or she is under the watchful eye of law enforcement."

[name withheld] was convicted in 1994 of aggravated felonious sex assault on a child and related felonies. He was convicted in 2005 of indecent exposure and lewdness.

[name withheld]’s attorney, public defender Christopher Johnson, declined to comment on the ruling.

Assistant Attorney General Nicholas Cort, who argued the appeal for the state, said it’s the intent of the law and critical to law enforcement that sex offenders report the creation of social networking websites.

"The Internet is being used more and more to attract and eventually molest children," Cort said. "Any way sex offenders use it has to be carefully watched and prevented to the extent it’s constitutionally permissible."
- I am not sure I believe this 100%.  And if it was true, then this proves the online registry doesn't do what it's suppose to do, now does it?

See Also:


NE - Nebraska high court asked to rule on sex offender case

Original Article

12/04/2012

By MARGERY A. BECK

OMAHA (AP) — The Nebraska Supreme Court will again weigh whether a trial court unfairly ordered a Nebraska man to register as a sex offender.

In January, the state's high court ruled that a Buffalo County District Court had violated the due process rights of 32-year-old [name withheld], of Wilcox.

[name withheld] had been accused of fondling his ex-girlfriend's young son in 2009 and was initially charged with child sexual assault, but pleaded no contest in 2010 to misdemeanor assault for threatening the boy.

Trial judges can order someone convicted of non-sex-based offenses to register as a sex offender if there's evidence the person committed a sex offense. But the state's high court said in January that the lower court relied only on prosecutors' assertion that [name withheld] had committed a sex offense.
- That is like convicting someone of murder because you suspect they did it, even if there is no evidence and even after a person was acquitted or never went to court, it's unconstitutional and an abuse of power.  If they were never convicted of a sex crime, then it should not be on their record at all!

The high court upheld [name withheld]'s third-degree assault conviction and sentence of probation, but it ordered the trial court to reconsider the part of the sentence requiring him to register as a sex offender. Specifically, the lower court was instructed to consider all of the evidence presented at an earlier evidentiary hearing to determine whether [name withheld] had sexual contact with the boy.

In March, the lower court again found that [name withheld] did have sexual contact with the boy and must register as a sex offender, which would require him to report where he's living and follow other requirements. [name withheld] appealed.

[name withheld]'s attorney argued to the Nebraska Supreme Court on Monday that the lower court abused its discretion by finding that [name withheld] had sexual contact with the child.

[name withheld]'s attorney, Michael Synek, noted the lack of physical evidence of sexual abuse and pointed to an investigating police officer's report in which the officer said he suspected the boy's mother might have coached the boy. Synek also argued that the boy was not a credible witness, because he reported the sexual abuse only after [name withheld] reportedly refused to give the boy or his mother $150.

"In this case, the state had the burden to prove that sexual contact occurred between [name withheld] and (the boy)," Synek wrote in a brief submitted to the Nebraska Supreme Court. "The state relied exclusively upon the uncorroborated allegations of an 11-year-old boy to produce that firm belief or conviction. In light of [name withheld]'s consistent denials and the evidence that made (the boy's) report somewhat suspect, the evidence did not clearly and convincingly provide grounds to produce a firm belief that sexual contact had occurred."

Assistant Attorney General Nathan Liss countered that while prosecutors did not have physical evidence of sexual abuse, the abuse allegation was corroborated by the boy's consistent statements to witnesses and authorities. The fact that the boy had been exhibiting inappropriate sexual behavior — such as exposing himself and touching other children — also indicated he had been abused by [name withheld], Liss said.
- So much for proving something beyond a reasonable doubt!  All they need now is an accusation and you're life is over!  Just remember that when they come for you.

Liss also said that [name withheld]'s argument that prosecutors' witnesses lacked credibility is a matter only for the trial court and outside the scope of review the high court can consider.

The state Supreme Court will issue an opinion at a later date.


Sex Offender Registry - What you may not know

Video Description:
I don't condone or support heinous acts against other human beings, and that goes for everybody. I don't believe all sex offenders are bad or that all are good. Many need to be held in prison, many need to be carefully monitored, many are just simply young and stupid. Some are pedophiles, not all. This video is part of a project I am doing in school. This topic is one that most people are all to ready to discuss one side of, but tremble at looking into the other side. This is an attempt at opening eyes to a rarely seen side of this story. Constructive comments or questions about the content are welcome and appreciated as this is part of my project. Thank you for watching.


FL - Man Puts 'Sex Offender Residence' Sign on Front Yard

Not sure why he'd do this, it will only invite vigilantism, and we all know Florida is filled with vigilante idiots. Besides the usual scarlet letter the state is putting on him, he is also putting another one on top of that.


LA - Former officer (Ernest Billiot) convicted of sexual battery and second-degree kidnapping

Ernest Billiot
Original Article

12/04/2012

Louisiana Attorney General Buddy Caldwell says a Vermilion Parish Jury has found a former Delcambre Police Officer guilty of sexual battery and second-degree kidnapping.

Friday's conviction of 53-year-old Ernest Billiot stemmed from a 2008 incident in which Billiot abused his authority to detain and commit sexual acts upon an Erath woman.

A pre-sentence investigation was ordered, and a sentencing date has not yet been set.

Billiot faces a maximum sentence of 40 years for the second-degree kidnapping charge and a maximum 10 years in prison on the battery charge.

Billiot was denied a post-trial bond.


NJ - Former Salem County Corrections officer (Robert Sanders) sentenced to 20 years for sex assault of a 13-year-old female

Robert Sanders
Original Article

12/06/2012

By Michael Williams

SALEM — Former Salem County Corrections Officer Robert E. Sanders was sentenced to a total of 20 years in prison today for sexually assaulting a juvenile aged girl.

Sanders, 41, of Quinton Township, was sentenced by Superior Court Judge Timothy Farrell to 15 years in jail on two counts of first-degree aggravated sexual assault, and an additional five years for second-degree endangering the welfare of a child.

Under the sentence, Sanders must served at least 85-percent of his 15 year sentence — or roughly 12 years and 9 months — followed by a full five year sentence, said Farrell.

Sanders was accused in March 2010 of performing two acts of sexual penetration on a 13-old-girl on separate dates between August 2009 and March 2010.

The assaults took place in Quinton Township, during which Sanders “engaged in sexual conduct that debauched the morals of a child,” court records state.

He was charged with a total of two counts of first-degree aggravated sexual assault, second-degree endangering the welfare of a child, and third-degree criminal contact. New Jersey State Police arrested Sanders on the charges in March 2010.

Sanders’ trial began in September and lasted roughly two weeks, with a jury finding him guilty on all charges on Oct. 4, according to court officials.

In sentencing, Farrell said Sanders will serve a maximum of 15 years for his two first-degree offenses, followed by a separate five year sentence for his second-degree offenses.

I find that count three is a separate offense, subject to a separate sentence,” said Farrell.

The charge of third-degree aggravated criminal sexual contact was absorbed under the Sanders’ first degree offenses and dismissed for sentencing, said Farrell.

Sanders will also receive credit for the roughly 1,000 days he has already served in prison, which will be applied toward his sentence.

According to Ray Skradzinski, warden of the correctional facility, Sanders was hired as a county corrections officer on Dec. 16, 2002 and placed on administrative suspension without pay following the charges.

Skradzinski said Sanders is currently pending termination from his position.

Sanders also faces fines and restrictions under Megan’s Law and Nicole’s Law as part of his sentencing.


IL - Suit: Police refuse to register homeless sex offenders

Original Article

If this is true and the police are refusing to register them, then threatening to arrest them, that is a crime in-of-itself.  I hope these people win and get enough money, if any, to not be homeless anymore.

12/06/2012

Two homeless sex offenders are suing the City of Chicago for refusing to register them for lack of a permanent address, claiming their non-registration make them subject to arrest.

[name withheld] and [name withheld] claim they have been arrested or face arrest because Chicago Police refuse to register them as sex offenders because they are homeless. The suit, filed Thursday in U.S. District Court, claims state statute allows the city to register them, but police refuse.

The suit claims a sex offender is required to register at police headquarters and provide a current photo, address, list of schools attended, place of employment, phone numbers, e-mail address, IM and chat identities, and any Internet sites maintained.

By law, local law enforcement has the right to waive registration fees and make homeless sex offenders check in weekly, rather than provide an address, the suit said.

[name withheld] was released from prison Nov. 19, 2012, and attempted to register the next day, but Chicago Police refused because he did not have a permanent address, the suit said. He said he tried to register at his son’s address but it is too close to a park, and he was unable to find a homeless shelter that would take a sex offender.

Illinois State Police classified [name withheld] as a non-compliant sex offender on Dec. 3 and he is now subject to arrest, the suit said.

[name withheld] was released from prison in January 2011 and hospitalized a short time later following a mild heart attack, the suit said. He attempted to register upon release from the hospital, but was told Chicago Police do not register the homeless and he had three days to find a shelter and pay a $100 fee.
- This is extortion in my book.

He was unable to do so and was arrested in July 2011, the suit said. He remains in Cook County Jail.

The suit asks a judge to certify the suit as a class action, create procedures to register homeless sex offenders in Chicago, and award monetary damages.

A spokesman for the city Department of Law was not immediately available for comment.