Friday, January 3, 2014

You have the right to stay out of jail

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KY - Former trooper (Jerry Clanton & Stratford Young) fights to get job back after sex abuse accusations

Jerry Clanton & Stratford Young
Jerry Clanton & Stratford Young
Original Article

01/03/2014

By Amy Stallings and Brooke Hasch

FRANKFORT (WHAS11) - A former Kentucky State Police trooper is fighting to get is job back Friday after he was fired last year.

Jerry Clanton and Stratford Young were let go after accusations of having an inappropriate relationship with a 15-year-old girl. Clanton is in Frankfort Friday appealing his termination.
- So much for innocent until proven guilty!

WHAS11’s Brooke Hasch is at the hearing and said Clanton admitted he had sex with the girl but said he did not know she was only 15. He also said he had four encounters with the juvenile.

Brooke will have much more on this story coming up tonight at 6 p.m., but here is a breakdown of what has happened so far:

Opening statements with KSP (Capt Matt Feltner and Lt. Matt Johnson): Clanton violated KSP procedure, called Conformance to Law, the overall charge against him. He is also charged with rape 3rd, sodomy 3rd, sexual abuse 1st, official misconduct 1st, unlawful transaction with a minor 1st.

The first witness was the primary investigator, who interviewed Clanton and victim. In interviews heard today, both admit to having sex or oral sex at least once on the trunk of a squad car.

"A lot of the evidence is very graphic and we take it very seriously. The KSP has a 65-year history of very good tradition, upstanding tradition of serving our citizens of the commonwealth of Kentucky. And we will not sacrifice that for two egregious actions by two troopers who did very immoral things and those troopers were terminated accordingly for that," Sgt. Michael Webb, commander of public affairs with KSP, said.

Interviews point to a long relationship between Stratford Young and the victim, but only four encounters with Clanton, who claims he did not know she was 15. Clanton said he did know she didn't have a license. Clanton claimed the victim initiated contact most of the time and showed her breasts and behind.

The victim claimed she was pressured by both troopers to do so.

"I have not seen a disciplinary process like this in several years. They are not a common practice, as Kentucky state troopers rarely have disciplinary issues," Webb said.
- Not exactly true.  See the following articles.

At about 4:10 p.m. closing arguments ended in the Clanton case. A jury of his KSP peers are now in talks behind closed doors.

We'll continue following this story as it develops and will have much more at 6:00 p.m.


GA - Gwinnett Police Offer Child Pornography Warning

Sexting
Original Article

01/03/2014

By Sarah Bakhtiari

From the Gwinnett County Police Department:
In light of the holidays, with many children receiving electronic devices with Internet access for the first time, the Gwinnett County Police Department has issued an advisory to parents and children on how to prevent unlawful sexual behavior with social media.

There are a variety of surveys and studies regarding “sexting” amongst teens available online. Some report as many as 26 percent of teens surveyed have participated in sexting (either sending or receiving). This is a growing problem which is difficult for law enforcement to address.

The “fix” for this problem is knowledge and parental involvement.

In Georgia, it is unlawful for anyone under the age of 18 to take photos of themselves nude or conducting sexual acts and send them to anyone. This is a violation of O.C.G.A. 16-12-100 (Sexual Exploitation of Children) and its subsections and is considered the manufacture and distribution of child pornography. To be clear, a minor willingly taking and sending a nude photo of themselves can be charged. This is in addition to those on the receiving end of such material. Anyone found with nude photos of minors stored digitally on any device (flash drive, phone, tablet, computer, video game system, etc.) can be charged with possession of child pornography.

Aside from the criminal aspect, it is important to remember that there are no “take backs” on the Internet. This goes for adults and children. Too often a photo sent in confidence to a significant other is shared with a friend or posted to the Internet. Once a photo makes its way onto the Internet, it is very difficult to remove. In many cases it is impossible, especially when an image “goes viral” (even on a small scale, i.e., within a high school community). These photos can affect a person for the rest of his or her life.

Removal of photos and prosecution of offenders is often problematic at best and impossible at worst. The methods used to share photos (internet, social media, texting, etc.) change and evolve quickly. Acquiring data on offenders from reputable sites like Facebook, Twitter and Instagram is a slow process, requiring subpoenas to be served out of state. It can be impossible to obtain offender data from websites hosted in other countries.

Prevention is the key. Parents must supervise their children’s activities on cell phones and internet capable devices. Parents should conduct checks of their children’s phones, electronic devices, e-mail and social media accounts on a regular basis. Children should not have secret accounts or password protection that parents do not have access to. This is admittedly a difficult proposition with teens, however, teens and parents alike must realize that a child’s expectation of privacy is reduced while living in a parent’s home and using devices provided by parents.
- Why do parents give kids phones with Internet and such in the first place?  All they need is basic phone service to call home if needed.

There are several online resources with additional resources and tips for parents. One such website is www.netsmartz411.org, which is hosted by the National Center for Missing and Exploited Children (NCMEC). NCMEC also runs a tip line and works hand in hand with law enforcement.


NV - New Law Puts More Sex Offenders on the Map

Juvenile sex offenders
Original Article

01/02/2014

By Nathan Baca and Alex Brauer

LAS VEGAS - People may soon find out there are more sex offenders living in their neighborhood than they thought.

That is because a newly enforced state law is about to re-define who is considered a sex offender who must register.

Judges and child welfare advocates say that it is going to be more difficult to tell who is a sexual predator because the sex offender map is now going to flag anyone who has committed a sexual offense, even those who teenagers at the time. The starting point for being on the website is 14 years old.

Despite the sex offender map getting a lot more crowded, you can tell the severity of an offender's crime by looking at which tier they are in.

Coleman says there are long-overdue improvements that the law, which is called the Adam Walsh Law, has for tracking adult sex offenders.

"I think there are some things that have evolved because of technology. When they register, we're going to know what their Internet name, or any of these kind of handles that they have," child welfare advocate Donna Coleman said.

However, she is concerned that children who are in treatment for committing a sexual offense from the age of 14 on will also be on the sex offender website for everyone to see.

The majority of those juvenile sex offenses are not considered predatory and have a low risk of re-offense.
- Adults also have a low re-offense rate, if you look at the facts and not media sound bites.

One local family court judge says the new law could ruin juvenile offender's lives after successful treatment.
- The same can be said for adult offenders, but you apparently don't care if you ruin an adult offenders live, or their family as well?

"Now you've got them fixed. They're on their way in life. They're in college. They're in art school. They've got regular jobs now. Some are married and have kids themselves. Now, they're going to have to register? For something that happened when they were 14 years of age?" Family Court Judge William Voy said.

The new law also takes away local judges' ability to decide a juvenile offender's sentence.

Judge Voy says the law is arbitrary in picking 14 years old as the cutoff point for automatic registration as a sex offender.

The judge says he has 13-year-old offenders that fail treatment but won't be registered.

Once updated, sex offender labeled as tier three are considered the worst offenders.

The law took seven years to pass through legal challenges and a state supreme court decision.

It could take a few more months before the sex offender website is updated with thousands of new people.


OR - Sex offender refuses to talk about why he has prohibited Facebook page (Media Vigilantism)

Media vigilantism
Original Article

Must be a slow news day for the news media to show up at the probation office to harass ex-offenders coming in to register. Just because Facebook may have a policy doesn't mean the person cannot be on the site, but hey, sex sells, especially when you attack ex-sex offenders.

01/02/2014

By Anna Canzano

PORTLAND - His name is _____, and he's not exactly pleased to see us. He's showing up to check in with his probation officer downtown, ordered to appear because of what we found and shared with Multnomah County authorities.

I introduce myself and ask him why he's using Facebook when he's not supposed to, because he is a convicted sex offender. He accuses us of harassing him then flees from the camera.

At first glance, _____'s Facebook activity looks normal enough -- a normal profile, with some photos of _____ with family and friends. Among his “likes,” the bikini barista stand, Twin Perks Espresso.
The profile is linked to a company page called _____'s Marketing Solutions.

The problem with both of these pages? Convicted sex offenders are not allowed to use Facebook, according to the company's policies, and _____ was convicted of second-degree rape in 2002. He served nearly nine years in prison and has been on probation ever since. He’s also been ordered to do community service.

In May last year, _____'s probation officer learned he'd created a Facebook page for his company and told _____ to take it down. Multnomah County spokesman David Austin told me _____ complied. But here we are eight months later and _____ has not only a company Facebook page but also that personal profile.

I got a hold of _____ by phone earlier in the day Thursday. I wanted to know if he was aware of Facebook policy, if it was of concern to him, and whether there was some term of his supervision that prohibited him from using social media.

He told me, "I'm not at liberty to comment on a criminal record I may or may not have. I work for a company that manages a Facebook page."

Within an hour after we spoke, his personal profile had been changed. The personal photos were gone; it suddenly looked a lot more like his company page.

I contacted Multnomah County to learn the rules of his probation. That led to his required appearance downtown and Mr. _____ running away from us.

Late in the day, I was contacted via Facebook by someone alerting me to yet another Facebook page _____ apparently manages for a company called PhoneExchange. There are multiple photos of _____ on the page and multiple indications he runs the page. I'll be sharing this new information with Multnomah County.

Based on what I'd already told them, county spokesman David Austin says _____ will likely be punished with community service.

At last check, _____'s personal profile on Facebook has been removed entirely. The page for _____'s Marketing Solutions remains active, as does the page for PhoneExchange.

Facebook doesn't screen for sex offenders per se. It relies on users to report sex offenders to them and provide some kind of proof -- a news article, court documents -- to show someone's conviction for a sex crime.