Thursday, November 7, 2013

MO - Sex offender restrictions (User submitted)

Letter
The following was sent to us via the contact form and posted with the users permission.

Dear M, you may want to contact the local sheriff to help give you the information you need or to point you in the right direction. Also check out the following website.


By M:
I cannot find anywhere, what the actual laws and restrictions for a sex offender are. I am currently the fiance of a now convicted sex offender, he was sentenced this September 2013, and will be home from the DOC in January. But I want to be prepared to know what he is and is not allowed to do. Also, do all the restrictions apply to every sex offender? Thanks.


Registration restrictions (User submitted)

Letter
The following was sent to us via the contact form and posted with their permission.

By K:
I posted this question as a comment to an article, but did not receive any feedback. I'm not looking for legal advice, just some feedback from anyone that may have some experience with this issue.

Let's say there is an individual that is convicted of a sex crime and required to register as a sex offender in the state he was convicted in. If that state has residency and movement restriction laws he obviously has to follow those while a resident of that state. But, what happens if he moves to another state? He's still required to register in the state of conviction (and the new state of residence), but is he now bound by those restrictions in his new state as well? FYI, the restrictions are not codified in the registration statute.

I've had input from 2 lawyers that have given conflicting advice...


NV - Thousands of sexual offenders keep court system tied up

Disinformation
Original Article

11/06/2013

By Elizabeth Donatelli

LAS VEGAS - State legislators have been cracking down on sex offenders living in Nevada but nobody expected the backlash.

Legal challenges are leaving some laws pending for years and changes that will cause the amount of most dangerous offenders to explode.

Perhaps viewers remember Adam Walsh, a 6-year-old boy who was abducted and decapitated in Florida in 1981.
- And there is no proof he was sexually abused by a known or unknown sex offender, or whom even did the crime, but they blamed Ottis Toole.

A quarter of a century later police point the finger at his convicted pedophile. The federal government has since passed new laws in Adam Walsh's name.
- Was he ever diagnosed as a pedophile?  We doubt it, this is just the usual BS by the media.

States like Nevada have complied with the Adam Walsh Act by re-tiering sex offenders based strictly on their offense instead of a scoring system that's more subjective, which has some people upset.

Let’s say you're a 17-year-old that had sexual relations with 15-year-old girl friended. You will be treated the same as someone that went and kidnapped a child, took him or her out in the desert and sexually assaulted them,” said criminal defense attorney Robert Draskovich. “The laws don't make any sense.”

Draskovich is a criminal defense attorney who disagrees with the statutes passed unanimously by Nevada legislators in 2007. He thinks it was about money.

“The state of Nevada moved because it would get federal dollars to conform our statutes to the federal statutes,” Draskovich said.

Legal challenges have put the state laws on hold until now. Offenders expect new tiering to begin within six months, which means more names will be added to the sex offender registry.

“The amount of Tier 3 offenders is basically going to quadruple,” said Parole and Probation Sgt. Brian Zana. “Whatever we have now multiply it by four and that's what we're dealing.”
- Yeah they need more boogeymen to scare the public with!  Most ex-offenders do not reoffend sexually and are not a threat.

Tier 3 offenders have restrictions about how close they can live to parks, schools and bus stops. However after many legal challenges, it appears as if law enforcement won't apply it retroactively. This mean that if a tier 1 offender becomes a Tier 3 when the laws change, they will not have to re-locate.

We want to make sure the public is safe but we also want to make sure that we're fair to the sex offenders,” Zana said. “Yes they're sex offenders, but they're still citizens of the state of Nevada.”
- True, yet you are still stomping on many of their constitutional rights by passing unconstitutional laws based on emotions and not facts.

This isn't the only sex offender law clogging up the courts. There's also the question of lifetime supervision which went into effect in 1995.

It's also a violation of the double jeopardy clause of both Nevada and the U.S. Constitution,” Draskovch said. “Lifetime supervision is a punishment.”

It was designed for people like _____. It's extra supervision for those who violated one of the 25 most egregious sex offenses.

However, if they arrest these men and women on a supervision technicality, they often get out within 48 hours. To hold them, the district attorney’s office would have to file a new charge and then creating another burden on an already overworked system.

Even if they file, punishment can take a year which is time offenders use to remain on the streets knowing they tricked the system.

My officers arrested them for a reason. They may been, as the DA's office puts it, been just be technical violations but technical violations are dynamic risks that put them back in the cycle to re-offend,” Zana said.

Zana wants to re-write the existing law essentially replacing lifetime supervision with extended parole and probation. .Instead of struggling file a new charge, officers would write a report and schedule a hearing and save time and money.


UK - Sex offender and partner murdered by victim and his brothers (Martin, Niall, Christopher & Stephen Smith) in massive inferno, court told

House burned down
House burned down
Original Article

11/07/2013

By CHRIS KILPATRICK

Four brothers sat side-by-side in a courtroom dock as their trial for the murder of a man who abused one of them as a child and the sex offender's girlfriend got under way.

_____ (33) and his partner _____ (21) died having suffered horrific injuries at their remote cottage in Co Armagh seven years ago.

They were set upon by a masked gang armed with hammers at their home on the Foley Road, near Keady.

The property was then doused with petrol and set alight, the court was told.

Mr _____ and Ms _____ suffered 80% burns to their bodies.

Martin (40), Niall (37), Christopher (33) and Stephen (31) Smith appeared together in the dock of Armagh Crown Court yesterday charged with their murders.

Those in court heard that Stephen Smith was one of three young boys abused by Mr _____ in the late 1980s.

Mr _____ – who was around 17 when he committed the offences – was later convicted and given probation for his crimes.

All four brothers deny murdering the couple.

They also deny charges of arson with intent to endanger life on November 6, 2006.

Ms _____'s father and other family members were present in court for the first day of the trial, which is expected to last for six weeks.

Prosecution barrister Toby Hedworth QC told trial judge Mr Justice Weatherup he would be making the case the brothers "intended to kill" Mr _____ and Ms _____.

Harrowing accounts of the night of the attack were heard in court yesterday.

The jury was told the couple had a visitor to their home at around 5pm on the day of the attack who was helping them to fix their central heating.

When they heard a noise at the rear of their property at 9pm that evening they presumed it was their neighbour returning to carry on with that work, the court was told.

However, a masked gang burst into the property armed with hammers.

Minutes later another neighbour of Mr _____ and Ms _____ said there was loud thumping at his door.

His daughter opened the door and erupted into hysterics.

The neighbour said Ms _____ had no top on and her trousers had been almost completely burnt off.

Her hair was burnt and she was unable to see.

He said Ms _____ told him five or six men had come into the house.

She said they had called Mr _____ "a paedophile".

The neighbour ran to the couple's property which had flames coming through the roof.

Mr _____ was lying on his back outside. The neighbour said that Mr _____ was "unrecognisable", with his face covered in blood.

Other neighbours raced to the scene when they saw the blaze.

Mr _____ had blood round his mouth and appeared to be missing teeth.

A post-mortem examination noted he was missing four teeth and had sustained a fractured skull and numerous lacerations to his body.

Ambulance crew treating Ms _____ said she spoke calmly when relaying details of what had happened. She also gave similar details to police at the scene.

On the same night the four brothers also sustained burns, the court was told.

The prosecution alleges the injuries were sustained in the same incident.

The brothers went to Louth County Hospital in Dundalk, said the prosecuting lawyer, claiming they had been trying to "escape to the jurisdiction of the Republic of Ireland".

At the hospital the four presented with burn injuries and burnt clothing, but claimed they had been hurt in a car crash at some unknown location.

Along with items seized from a silver BMW they went to hospital in, their clothes were seized and forensically examined with Mr Hedworth telling the court that each item was connected with other items of burnt clothing found at the scene of the fire.

Mr Hedworth said a search of the BMW uncovered a receipt for the purchase of four balaclavas from an outdoor activity store in Dublin dated October 21, 2006.

This finding, he declared, "allows the prosecution to submit that the attack had been planned for more than a fortnight".

A car said to have been used by the gang who attacked the couple was found burnt out at a quarry the day after they were targeted, the court was told.

Turning to the forensic examination of the bungalow itself, the jury heard there were estimates that up to 75 litres of petrol had been spread around every room in the property with the exception of the bathroom and that when it ignited, the explosion was of such force that it "lifted the roof off" and blew the back door into bits.

Anyone who had been inside the bungalow or close to the explosion would have sustained burn injuries and burnt clothing, submitted the lawyer.

In conclusion, Mr Hedworth told the jury: "We will submit to you that the evidence of the fire, the arrival of the defendants at the hospital with burn injuries and connections between what they were wearing and what was discarded at the scene, make an overwhelming case that these four defendants were all inside that house when the petrol that they had distributed was ignited."

Describing the attack on Mr _____ as "deliberate and brutal", the lawyer further submitted that the defendants did not only intend to cause him really serious harm but that "the evidence suggests that the intention was in fact to kill".

The trial continues.

Update:


CANADA - Attack on suspected rapist was taped

Heating up a knife
Original Article

11/06/2013

By James Turner

A vicious five-on-one attack that saw a suspected rapist beaten, scarred and burned with a searing-hot butter knife in a melee at a Winnipeg party was filmed and recovered as evidence by police.

Wednesday, the shaky and scream-filled video footage was played in provincial court as one of the attackers admitted to aggravated assault for her role in what Judge Lynn Stannard called an event that was "sad, terrifying and difficult to watch."

The accused, 18, was with several people partying inside a Balmoral Avenue suite on March 13 when she found her friend asleep in a room with her pants off and a male guest on top of her.

She yelled for others to intervene and the room filled with partygoers, who pulled the man off the woman, held him down and began kicking and punching him. During the assault, one suspect went to the kitchen and retrieved a barbecue fork to stab the victim with.

Another kitchen fork was produced and used to stab the victim until it broke. A plate was then retrieved and smashed over his head. The accused then went to the kitchen, heated a butter knife on the stove till it was red hot and burned him with it.

"I think she was pretty surprised at what she did," defence lawyer Wendy Martin-White said. The cognitively-challenged young woman was sexually and physically abused in her traumatic childhood.

It appears witnessing her friend possibly being raped triggered something, Martin-White suggested.

"I think you can imagine what was going through her head when she came across what she did," Martin-White said.

The victim, 39, was treated in hospital but released the same day. He was charged with sexual assault soon after and denied bail but the case fell apart in July after the complainant didn't turn up to testify, court records show.

Stannard agreed with the Crown and Martin-White to sentence the woman to a further two years in jail. She's been in custody since immediately after the incident. She was on probation stemming from a youth conviction at the time of the assault.

In that time, the Manitoba special needs program will work with her to establish a gradual reintegration plan. "There has to be very strict monitoring," said Stannard.

Tuesday, a teen gang member was handed the equivalent of an 18-month-long youth jail sentence for his lesser role of holding the assault victim down and punching him several times.

Three others were also charged in the case and remain before the courts.