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READ CAREFULLY: Absolute proof that Florida Police are out of touch with reality!
1-26-2008 Florida: School Cop Investigated for Porn Link on Friend's MySpace Profile -- Updated
.In the goofiest waste of law enforcement time we've seen in weeks, an on-campus police officer for a Florida middle school is facing a criminal investigation over his MySpace account. Why? It turns out one of the people on his friends list had a link on his or her profile to an internet porn site.

ALL Public Sex Offender Registries MUST be Removed from the Internet Immediately!

WHY? Simple, if true that this police officer provided kids a 3-step link to porn, then we must also believe, that all those involved in putting sex offender registries on the Internet MUST also be investigated, for providing kids addresses of sex offenders!

Then they too must be declared sex offenders and added to the registries and all that it entails.

That is as logical as is the claim of Florida police involved in this investigation.

Or, as the St. Peterburg Times puts it, "kids could navigate from Officer John's page on the social networking site to 'Amateur Match Free Sex' in just three clicks."

You're reading correctly. Gulf Middle School resource officer John Nohejl didn't have porn on his MySpace profile, and he didn't link to porn. But one of the 170-odd people on his friends list, which seems mostly populated by students at his school, had a link to a legal adult site. Now the New Port Richey Police Department and the Florida attorney general's elite cyber crimes unit are investigating him for making adult content available to underage children.

Nohejl set up his MySpace account late last year with the school's and the police department's support, in a laudable bid to communicate with students where they live. Presumably, he was expected to check all of his friends' profiles every day for inappropriate links -- because a school cop has nothing better to do.

Lauren Weinstein of People for Internet Responsibility correctly calls the investigation a "witch hunt," and points out that the school itself can be accused of the same crime, if we're now holding people responsible for content three clicks away. ..more.. : by Kevin Poulsen
1-28-2008 National: Lawmakers Crack Down on Abusive Teachers
.Heeding a steady drumbeat of sexual misconduct cases involving teachers, at least 15 states are now considering stronger oversight and tougher punishment for educators who take advantage of their students.

Lawmakers say they are concerned about an increasingly well-documented phenomenon: While the vast majority of America's teachers are committed professionals, there also is a persistent problem with sexual misconduct in U.S. schools. When abuse happens, administrators too often fail to let others know about it, and too many legal loopholes let offenders stay in the classroom. ..more.. : by ROBERT TANNER, AP National Writer
1-24-2008 National: Pillaged MySpace Photos Show Up in Massive BitTorrent Download
.A 17-gigabyte file purporting to contain more than half a million images lifted from private MySpace profiles has shown up on BitTorrent, potentially making it the biggest privacy breach yet on the top social networking site.

The creator of the file says he compiled the photos earlier this month using the MySpace security hole that Wired News reported on last week. That hole, still unacknowledged by the News Corporation-owned site, allowed voyeurs to peek inside the photo galleries of some MySpace users who had set their profiles to "private," despite MySpace's assurances that such images could only be seen by people on a user's friends' list.

"I think the greatest motivator was simply to prove that it could be done," file creator "DMaul" says in an e-mail interview. "I made it public that I was saving these images. However, I am certain there are mischievous individuals using these hacks for nefarious purposes." ..more.. : by Kevin Poulsen
Absurd: 59 = OK, 60 = Sex Offender, why do we elect such people?
1-23-2008 Virginia: French-kissing Bill Would Ban Pop’s Smooches
.After the husband of her child-care provider made it to first base with her then-10-year-old daughter, a Varina mother is pushing for legislation to criminalize such May-December make-out sessions.

The bill’s sponsor, Delegate Riley Ingram, D-Hopewell, also is carrying the so-called “Ed Barber bill” to ban convicted sex offenders from holding elected office.

“You don’t think these things happen, but they do,” Ingram says. He initially didn’t believe the legal loophole story he was told by Sydney Smith (name changed), whose daughter was victimized by Roland Delbert Knight Jr. of Varina. “The person was convicted of contributing to the delinquency of a minor, but that’s all.” ..more.. : by Chris Dovi
1-22-2008 National: Extortion can't save kids
.WASHINGTON: As state legislatures open 2008 sessions, lawmakers will need to decide whether to comply with the federal Adam Walsh Act on sex offenders or lose federal money for law enforcement. The choice for states is to dramatically increase their registration and community notification requirements for convicted sex offenders by 2009 or lose significant federal law enforcement grant money.

It doesn't seem like a difficult choice. Who wouldn't want to support laws targeting convicted sex offenders and be paid for it? Yet legislatures from Arizona to Illinois to Rhode Island are leaning against implementing the law. Because once you get past the painful emotions and look hard at the problem of child sexual abuse, it turns out that sex offender registration and community notification laws might not actually prevent sexual violence. [[[SNIP]]]

Implementing the changes required by the act will cost states a lot of money. At a legislative hearing in Arizona, witnesses testified that the state would lose between $700,000 and $800,000 in federal law enforcement grants if it didn't comply with the law — but that it would cost millions of dollars to expand the state's sex offender laws to comply with the Adam Walsh Act. ..more.. : by Sarah Tofte, Human Rights Watch
1-22-2008 New Hampshire: Camp Porn Conviction Overturned In N.H.: Campers' Faces On Women's Bodies Not Child Porn, Court Rules
.New Hampshire's Supreme Court has overturned the conviction of a camp photographer, ruling that sexual photos that combined faces of young campers with women's bodies were not child pornography. Marshal Zidel, 61, of Somerville, Mass., was sentenced in June 2006 to up to seven years in prison after being convicted of child pornography charges at Camp Young Judea in Amherst. He was the camp photographer.

Authorities said Zidel used photos of campers and superimposed the heads and faces on pornographic photos. The court ruled the pictures do not violate child pornography laws, partly because they did not involve sexual acts by actual children and partly because they were not deliberately distributed. ..more.. : by
1-19-2008 National: MySpace Quietly Fixes Bug that Gave Voyeurs Access to Teens' Private Photos
.I reported yesterday on a bug in MySpace's architecture that allowed strangers to peer inside the MySpace photo galleries of some private profiles, despite assurances from MySpace that those pictures can only be seen by people on a user's friends list.

The bug had been around since at least October (Thanks to Rose for tipping me off), during which time it had been gleefully exploited by voyeurs, hackers, entrepreneurs and lechers; you can find pages and pages of public message board comments around the web in which posters are peeking in on 14 and 15-year-old girls and sharing what they find.

Ad-supported web sites with names like Can't Hide and emerged to earn a buck off the glitch. One such site reports that its users have accessed, or attempted to access, 77,000 private profiles -- 3,000 of them today. ..more.. : by Kevin Poulsen
Someone, anyone, please explain the difference between this case -password protected computer file- AND the government (state or federal) -requiring sex offenders to give them their e-mail addresses-?
1-17-2008 Vermont: Court may demand porn suspect's computer password: The child-pornography suspect claims forcing him to open encrypted files violates the Constitution.
e-mail addresses

Is it not true that once they have the e-mail address they can then gain access to one's computer through one's ISP? Inherent in a e-mail address is one's computer IP address. The FBI Carnivore system needs no more, they can bypass every firewall and security program on the market.

The 4th Amend protects the home and its contents (i.e, computer), noe IF a RSO has anything on his/her computer which might be construed to be illegal (even software), what do you think is going to happen? By by 5th Amend rights just as this fellow claims.

Can't happen? Read what occurred in Illinois already to a RSO who was kicked off MySpace "Downstate man allegedly one of thousands of sex offenders using popular social networking Web site." See how they used his IP address to capture him in another crime.

Remember, e-mail addresses will be given to third parties, who knows what security there will be, or is, in some states already?

In addition, once they have e-mail addresses, how many RSOs will become subjects of Police stings using their e-mail addresses?

Paranoid? Wait, it will not take long for Perverted Justice to have access to e-mail addresses. Get the point?
.The federal government is asking a U.S. District Court in Vermont to order a man to type a password to unlock files on his computer, despite his claim that doing so would constitute self-incrimination.

The case, believed to be the first of its kind to reach this level, raises a digital-age issue about how to balance privacy and civil liberties against the government's responsibility to protect the public.

The case, which involves suspected possession of child pornography, comes as more Americans turn to encryption to protect the privacy and security of files on their laptops and thumb drives. FBI and Justice Department officials have said that encryption is allowing terrorists and criminals to communicate covertly.

On Nov. 29, Magistrate Judge Jerome Niedermeier ruled that compelling Sebastien Boucher, a 30- year-old drywall installer who lives in Vermont, to enter his password into his laptop would violate his Fifth Amendment right against self-incrimination. [[[snip]]]

"The consequence of this decision being upheld is that the government would have to find other methods to get this information," said Marc Rotenberg, executive director of the Electronic Privacy Information Center. "But that's . . . what the Fifth Amendment is intended to protect." ..more.. : by Ellen Nakashima, The Washington Post
Oh, Congressional lawyers prevent tainting the Adam Walsh Act!
1-16-2008 Florida: Fla. Denied Access to Foley Computers
.TALLAHASSEE, Fla. (AP) -- The state's top law enforcement official was denied again Tuesday in his quest for access to former Rep. Mark Foley's computers in his probe of electronic messages to congressional pages.

Gerald Bailey, commissioner of the Florida Department of Law Enforcement, wrote to Democratic House Speaker Nancy Pelosi last month seeking help after House lawyers said the agency couldn't examine the computers.

Pelosi referred the letter back to the House Office of General Counsel, which in July told the department that constitutional issues prevented it from allowing access to the computers. Deputy General Counsel Kerry Kircher repeated the argument in the new letter, which the department received Tuesday. ..more.. : by Associated Press
SMOKE and MIRRORS: Of all the sexual encounters mentioned in this article, NOT ONE was a former sex offender. Further, of the over 30,000 RSO kicked off MySpace, not one was found to have contacted a child.
1-15-2008 National: MySpace agrees to safety measures
.MySpace, the world's most popular online hangout, plans to put the cyberspace equivalent of a chaperone at the party and to check IDs at the door. The huge social-networking site promised Monday to take steps to protect youngsters from sexual predators and bullies, including searching for ways to verify users' ages.

Under mounting pressure from law enforcement and parents, MySpace promised to create a task force of industry professionals to watch over its operations, and other social-networking sites will be invited to participate. [[[snip]]] On the same day attorneys general from 49 states announced the MySpace agreement, New York prosecutors announced charges against a couple who allegedly used the site to lure two girls who were younger than 15 to their home. Authorities say the couple plied the pair with alcohol, engaged in group sex with them and took them to a strip club where the girls had to dance on stage. ..more.. : by CLARE TRAPASSO The Associated Press
1-15-2008 New Hampshire: MySpace says yes to chaperonage
.Online social-networking giant has agreed to intensify its efforts to keep children safe, promising upgraded security features and a new registry for banned users. [[[snip]]] Last July, MySpace identified and expelled 29,000 sex offenders from its site, including 153 offenders from New Hampshire. The state Department of Corrections reviewed all of the New Hampshire cases but found none of the registered offenders had violated probation or parole conditions, Ayotte said.

..more.. : by SCOTT BROOKS
1-12-2008 Texas: Man accused of sodomizing stepson to avenge rape of daughter
.An Arlington man faces a charge of aggravated sexual assault after police said he sodomized his 18-year-old stepson to avenge the teenager's alleged rape of the man's 8-year-old daughter. The 32-year-old father turned himself into the Tarrant County Jail on Friday and was released Saturday after posting a $17,500 bond.

The stepson was arrested Jan. 2 and charged with suspicion of aggravated sexual assault. Police say the father caught the stepson assaulting his 8-year-old daughter, and a subsequent examination at a hospital revealed the girl had been sodomized. Sgt. Cheryl Johnson, supervisor of the Fort Worth sex crimes unit, said in a story posted Saturday on the Fort Worth Star-Telegram's Web site that people need to "allow the criminal justice system to work for them."

"This is a very unique case, but we have a criminal justice system in place, and no one can take the law into their own hands," Johnson said. When the stepson was arrested, the man warned his wife not to get the teenager out of jail. Instead, she posted bond for the stepson's release from the Arlington jail. When the teenager called home Jan. 3 after getting released, the father took the call and drove to the jail to pick him up, police said.

Police said that instead of taking the teenager home, the Arlington man drove to an abandoned house in Fort Worth. Inside the house, he beat his stepson with a baseball bat and sodomized him with a metal tool, police said. ..more.. : by Associated Press
1-13-2008 California: Personnel file of deputy accused in jail beating is missing, attorney says
.Santa Ana The Orange County Sheriff’s Department, already under scrutiny by prosecutors and county supervisors for its handling of a Theo Lacy Facility slaying, has lost a personnel file of a jailer accused of orchestrating the much publicized killing.

The history of Deputy Kevin Taylor, who is still assigned to the jail, is relevant because it would show whether other inmates have accused Taylor of encouraging other jail attacks, said Martin J. Heneghan, who is representing an inmate charged in the October 2006 death of John Chamberlain.

“It’s very suspicious,” Heneghan said of the missing file. “It would indicate or suggest a suppression of evidence.” ..more.. : by RACHANEE SRISAVASDI
1-13-2008 Minnesota: Prisons chief loses two appeals to inmates
.In a case involving an infamous child molester, the Minnesota Court of Appeals ruled Monday that the prison system cannot punish an inmate sentenced before 1999 for refusing mental health treatment. The appeals court also ruled that a lower court was wrong when it dismissed a convicted murderer's lawsuit against Commissioner of Corrections Joan Fabian in a parole dispute.

In both cases, Fabian appears to have to come out the loser. "I'm thrilled," said attorney Bradford Colbert, who represented the prisoners. The appeals court judges "never rule lightly against the commissioner of corrections. That's not something they love to do." Shari Burt, a spokeswoman for the Department of Corrections, said it is reviewing the decisions: "After those reviews are completed, we will determine whether we want to appeal the court's decisions to the Minnesota Supreme Court." ..more.. : by EMILY GURNON
Michigan State Police imply, that it is more important to track "registered sex offenders" than it is to track people who commit homicides (Homicide Recidivism rate of 40.7% CLICK)! Unbelievable, but they said it.
1-9-2008 Michigan: New year brings sex offender registration in Mich.
.Registered sex offenders throughout the state of Michigan will head to local law enforcement agencies to verify their whereabouts in accordance with the Sex Offenders Registration Act.

If both felony and misdemeanor-listed offenders fail to report their living arrangements from Jan. 1 through Jan. 15, Michigan State Police officials said they stand a good chance of being arrested.

“The verification period is so we know where these offenders are, and it allows us to keep track of them,” said MSP Sgt. Cindy Johnson. She added that some felons actually have to verify their address four times per year. “If [sex offenders] are non-compliant, then we basically track those people down,” said Johnson. [[[SNIP]]]

“A lot of people complain that we'll track sex offenders and they'll ask us why [police] aren't tracking homicidal people,” Johnson said. “But the state requires us to do this. We can't just track every person in the world.” ..more.. : by FRANK KONKEL, Sentinel-Standard writer
1-8-2008 : Controversial sign may've led to car arson
.Norfolk fire investigators believe a fire caught on home video is the work of an arsonist. Those living in the neighborhood where the car was set on fire wonder if a controversial sign led to the car being torched. We first told you about the controversial sign last week. It was a sign reading: "No sex offenders and no illegals." The sign was put up in the front of a home on Sheppard Avenue in Norfolk, and the landlord that put it there says he had every right to post it.

Early Monday morning, neighbors grabbed their video cameras to capture the glow coming from a car on fire. "I don't know if they're malicious," said Norfolk's, Minton Owens. "I don't know if they just want to prove a point." Minton Owens, the landlord who posted the sign, heard the explosion and ran to his window. The car's now gone, but shattered glass and other parts still remain where the car once stood.

"You can see it through the windows," added Minton. "People were banging on the door and then my phone started ringing, all the neighbors were saying get out the house." Owens says the car was a friend's. He believes the fire could've been started because of the sign he posted. "I wouldn't say that it doesn't surprise me," said Owens. "I'm surprised that people would take it this far. That they are that concerned about a sign."

The sign sits in front of the house next door - a house Owens owns and rents, but not to everyone. "I don't think it's worth killing somebody over," added Owens. "I don't think it's worth getting upset over." ..more.. : by Jason Marks
1-5-2008 National: U.S. Supreme Court to rule on death penalty for child rape
.The Supreme Court agreed on Friday to decide whether it is unconstitutional to impose a death sentence for the crime of child rape. This was one of six new cases granted review. The earliest any of these cases will be argued probably is the Court’s April sitting, beginning April 14.

The new capital punishment case involves Patrick Kennedy, a 43-year-old black man from suburban New Orleans — the only individual in the nation now on death row for committing a non-homicide crime. He was sentenced to die after being convicted of raping his eight-year-old stepdaughter. The case is Kennedy v. Louisiana (07-343). Louisiana is one of only five states that make child rape a capital crime. Kennedy’s lawyers argued that, in the other four states with such laws, prosecutors refuse to seek the death sentence for such crimes. They contend that enforcing a death sentence for the crime of child rape contradicts the Supreme Court’s 1977 decision (Coker v. Georgia) barring the death penalty for rape — a decision involving rape of an adult. The appeal also contends that a death sentence for child rape is so rare that it is cruel and unusual punishment under the Eighth Amendment. ..more.. : by SCOTUS Blog
Lower Ohio court issues a "Temporary Injunction" against reclassifying this one offender pursuant to the Adam Walsh Act. Further, note the reasoning why the Ohio Supreme court dismissed the action on the same issue on Dec 12, 2007.
1-4-2008 Ohio: Portage man sues over sex offender registry Disagrees with changes to registration policy
.Although Ohio's new sex offender registration requirements took effect Monday, at least one Portage County offender is trying to block its implementation.

Portage County Common Pleas Judge Laurie Pittman on Monday granted a preliminary injunction barring county authorities from re-classifying Timothy R. Delagrange, 30, of 2647 Fairfax St., Streetsboro, as a Tier II offender under the new Adam Walsh Act until a full hearing can be held on Delagrange's behalf.

No date has been set yet for a full hearing, and until one is held Pittman ordered the new registration requirements not be applied to Delagrange. ..more.. : by Marci Piltz
If news report is correct, Ohio has failed to implement certain EXEMPTION provisions of the Adam Walsh Act!
1-3-2008 Ohio: Residents challenge classification
.Two Columbiana County residents filed petitions recently to challenge the new sex offender classification requirements, but Prosecutor Robert Herron said they’re expecting more cases, at least until a court rules on the issue. “This will go to the Ohio Supreme Court,” he said Wednesday, adding the fight has the potential to consume a lot of time and money.

According to county Common Pleas Court records, Brendan McClaskey, of 1551 Victor Circle, Salem, filed the first petition in Columbiana County on Dec. 20 through an attorney, Emmor Snyder of Girard. Cited as a petition to challenge re-classification and registration requirements under Ohio Revised Code Chapter 2950, which deals with sex offender registration, the document asked the court to honor his original registration requirements.

The state of Ohio was listed as the defendant. [[[snip]]] He (Herron) had not seen copies of the petitions filed by Brown or McClaskey and wasn’t familiar with their cases, but admitted good arguments could be made in some cases against some aspects of the law, such as whether an 18-year-old who had sexual relations with his 16-year-old girlfriend is a danger to the community. ..more.. : by MARY ANN GREIER
AND certain former Michigan residents:
Apparently the gremlins in Michigan have struck again, we have received reports of previously registered people who have -in the past- moved out of Michigan, and who did provide the State Registry Office with timely, appropriate and according to the law at the time, documentation of their move to wherever.

Now, according to Michigan's rules those folks are not supposed to appear on the PSOR (Public Registry) (CLICK I do have a backup of this file should it be removed):
II. Public Sex Offender Registry
Under the SOR Act, certain offenders are exempt from the PSOR (even though they remain on the SOR). ..... In addition, those individuals who are ..... and offenders who have moved out of the state or out of the country ..... are removed from the PSOR following the submission ..... or notification of a change of address. page-2

A. Public Sex Offender Registry Statistics
As of August 1, 2007, there were 21,807 offenders on the PSOR. The PSOR does not include offenders who have moved out of the state, are incarcerated, have a known false address or are juveniles. page-3
Michigan has now arbitrarily began listing these folks on the PSOR, AND showing them as NON-COMPLIANT just like certain other registrants reported in our earlier ACTION ALERT below. Now, to add salt to the wounds of ALL DECLARED NON-COMPLIANT, Michigan has UPLOADED them to the National Sex Offender Registry subjecting these folks to arrest anywhere they are in the nation!

Michigan's Auditors audited the registry in 2005 which led to my Commentary "A significant percentage of Michigan's Sex Offender Registrants may be erroneously subjected to arrest nationwide when the Michigan Sex Offender registry is phased into the Department of Justice's National Sex Offender Registry this August (2005)." Then it was due to what the Auditors found (see commentary), today -two years later- it appears they still have not fixed the registry and clearly have made things worse with further erroneous and arbitrary designations.
Can we expect Michigan to take responsibility for this? Will they be liable for whatever happens to these folks? Michigan's registry law says, no, they are not liable for good faith actions, but are these good faith actions? I'll let readers decide, and those NON-COMPLIANT can answer that after consulting with a lawyer.

eAdvocate (12-30-07)

The state is in the process of adding information to the PUBLIC registry and has messed-up its registry, they are showing many many many folks as non-compliant when -in fact- they are compliant! Hopefully registrants HAVE a copy of their last registration documents to prove compliance. Check what is shown online and verify ALL OF THE INFORMATION SHOWN!

If you are on parole or probation -and- it erroneously shows NON-COMPLIANT, contact your parole or probation officer asking for directions. Everyone else, IF the PUBLIC REGISTRY is wrong, then: Call the MSP office in Lansing to get it straightened out (you may have to provide them proof. Call 517-322-4939; or Fax: 517-322-4957 them the proof).

Just what Michigan needs when its budget is a mess. By declaring registrants non-compliant, they can again fill their jails and prisons and soak the taxpayer. I wonder if a class action is in order for "False Light in the Public Eye" given the public is being told the wrong information causing a public panic. Boy the TIP LINE is going to be busy.
Happy New Year Michiganders!

Ohio adds its personal OVERBROAD twist to the already OVERBROAD Adam Walsh Act!
1-3-2008 Ohio: Sex Offenders Complain As New Law Goes Into Effect: Sex offenders in Ohio must re-register under the new system by June 1, 2008.
.ST. CLAIRSVILLE, OH -- The Adam Walsh Act has officially gone into effect, and convicted sex offenders are already complaining. The new law forces states to comply with stricter requirements for sex offender registries. First of all, any convicted sex offender who fails to register his address goes straight to prison.

In Ohio, every sex offender must re-register under the new system by June 1, 2008. The offenders must not only list their address, but also their car or any vehicle they might drive. "In addition to that, vacation spots, any internet addresses, identifiers has to be in there, any professional licensing that they may have, over the road truck drivers, we have to have their typical route. Different things like that.

The registry itself has expanded to the point where we're really collecting as much information as possible," said Sgt. Steve Forro of the Belmont Co. Sheriff's Dept. Sgt. Forro said these expanded sex offender profiles will all be available to the public. ..more.. : by D.K. Wright
1-3-2008 New Hampshire: Streeter has two vetoes as term ends
.NASHUA – Mayor Bernie Streeter, who leaves office Sunday, has issued two 11th-hour vetoes, striking down a referendum on a cross-city parkway and an ordinance that would restrict where sex offenders live. On Wednesday evening, Alderman-at-Large David Rootovich, the president of the board of aldermen, was scrambling to schedule a special 10 a.m. Saturday meeting "if I get a quorum of the board," in an attempt to undo the mayor's actions.

The board of aldermen had approved both measures Dec. 26, a week before Streeter issued the vetoes. Streeter announced the vetoes Wednesday afternoon in separate letters to City Clerk Paul Bergeron. One veto overturned an ordinance that would have established that sex offenders could not live within 1,000 feet of schools, parks and day-care centers. [[[snip]]]

The sex offender ordinance narrowly passed by a 7-6 vote, with two members absent, while the parkway referendum was overwhelmingly approved, 10-3. Because a new board of aldermen will be sworn in Sunday, the current board would have to hold a special meeting to vote to override the vetoes. Overriding the vetoes would require 10 "yes" votes from the 15-member board.Rootovich didn't receive formal notice of the vetoes until after 5 p.m. Wednesday because the names of the five aldermen who will be leaving the board were deleted from the e-mail list. Among those five were Rootovich and Alderman-at-Large James Tollner, the board vice president.

Only Rootovich or Tollner could call the special meeting. By the time he learned of the vetoes, it was too late to try to schedule a meeting before Saturday, Rootovich said. Rootovich said he was "livid" the names of aldermen were deleted from the official list before their terms expired. He called for an investigation of who prematurely changed the list. Tollner, who proposed the sex-offender legislation, said, "I'm very disappointed in the mayor's actions." He said he was also disappointed he only learned about the vetoes from a reporter's telephone call. ..more.. : by PATRICK MEIGHAN Telegraph Staff

See also: Outgoing mayor vetoes sex offender ordinance

Sex offender limits to have little impact
1-2-2008 California: New charge for Lakeport man: Police say Oliver, accused of killing neighbor, found with weapon in jail
.A Lakeport man charged with fatally stabbing a neighbor he apparently thought was a pedophile (Michael Dodele) now faces an additional charge of sharpening a toothbrush into a weapon while incarcerated.

Ivan Garcia Oliver, 29, has been charged with a felony count of possessing a weapon in jail, said Lake County Sheriff Rod Mitchell. He already was facing a first-degree murder charge in the stabbing death of Michael Dodele, a convicted rapist, in November.

In a jailhouse interview, Oliver told the Los Angeles Times he thought Dodele was a child molester, based on a faulty reading of the charges on an official sex offender Web registry. He said he acted to protect his son.

However, Dodele's sex crime conviction was for raping an adult Santa Rosa woman. Because he was a repeat offender, Dodele served nearly 20 years for the assault before being released two months ago. ..more.. : by GLENDA ANDERSON, THE PRESS DEMOCRAT
1-2-2008 National: STAND UP FOR YOUR RIGHTS! STOP LIVING IN FEAR! Congressional Senate Bill 1959
.The end of Free Speech in America has arrived at our doorstep. It's a new law called the Violent Radicalization and Homegrown Terrorism Prevention Act, and it is worded in a clever way that could allow the U.S. government to arrest and incarcerate any individual who speaks out against the Bush Administration, the war on Iraq, the Department of Homeland Security or any government agency (including the FDA). The law has already passed the House on a traitorous vote of 405 to 6, and it is now being considered in the Senate where a vote is imminent. All over the internet, intelligent people who care about freedom are speaking out against this extremely dangerous law: Philip Giraldi at the Huffington Post, Declan McCullagh at CNET's, Kathryn Smith at, and of course Alex Jones at ..more.. : by Tribe Net Senate Bill 1959
12-21-2007 Georgia: Readers split on law
.Judging by some of the calls and other comments I received about "New law as bad as old one," some people still believe that a real no-loopholes law is the key to keeping our communities safe from sex offenders. Many people on the front lines disagree. Under current legislation, sheriff's deputies and probation officers have spent countless hours and wasted scarce resources monitoring people -- such as Wendy Whitaker -- who pose no danger.

Whitaker was 17 when she had consensual oral sex with a 15-year-old boy. Both were sophomores in high school at the time. This was one act committed 10 years ago. Now Whitaker is among many others who are on the sex offender registry for having had consensual sex as teenagers, said Sara Totonchi, public policy director of the Southern Center for Human Rights. "People with advanced Alzheimer's disease and people in hospice care are also on the registry and have been subject to eviction," Totonchi said. ..more.. : by Kaffie Sledge
12-14-2007 Florida: Deltona sex offender prosecutions in limbo
.The city of Deltona has identified 10 more sex offenders for possible prosecution under its no-residency law, according to acting City Attorney George Trovato. But the cases remain in limbo as Trovato and the new City Commission decide how to respond to two county judges' September orders that the city pay for legal representation of three sex offenders Deltona has already taken to court.

Trovato plans to ask the commission Monday for permission to hold a closed executive session to see whether officials want him to proceed with the city's appeals of the orders and the possible 10 new prosecutions. [[[snip]]] The 5th District Court of Appeal recently declined to accept jurisdiction over the city's appeal of the order that it pay to represent three defendants. The appeal has been transferred to circuit court in Volusia County, records show. This comes as some attorneys predict a possible statewide impact of recent rulings by two Duval County judges that the city of Jacksonville's residency restrictions for sex offenders are unconstitutional. ..more.. : by SARA KIESLER, Staff Writer
If criminals are dumb according to this cop, what word should be used to describe someone who believes GPS will PREVENT CRIMES??? Maybe IDIOTS?
12-13-2007 California: GPS Ankle Bracelet Leads Police to Murder Suspect
.A gang member suspected in the slaying of a 20-year-old woman led police right to him within minutes of the crime thanks to a monitoring ankle bracelet he wore as part of his parole, police Chief William Bratton said today.

Nelly Vergara Hernandez was shot and killed as she stood on the sidewalk at 2488 Venice Blvd. on Monday morning. Using a Global Positioning Satellite system to track sex offenders and gang members, LAPD officers learned MS-13 gang member John Garcia, 20, had been in the area at the time of the shooting.

Within three minutes, a helicopter unit had tracked Garcia to Compton. Following seven hours of surveillance, Garcia and six other individuals were arrested.

"Criminals are some of the stupidest people in the world," Bratton said. "The more of these bracelets that we have out there, these people are going to become pariahs even among the gangs because the gang members aren't going to want to be seen with them. "We're not dealing with the brightest bulbs in the circuit. This character has to be one of the stupidest people in the city of Los Angeles." ..more.. : by FOX News
12-13-2007 Washington: Boy Suspended For Warning Students Of Sex Offender On Campus
.GIG HARBOR, Wash. -- A Pierce County High School student is back in school after a three-day suspension for warning classmates about a sex offender on campus. Last week, Raydon Gilmore found a 16-year-old fellow student at Gig Harbor High School at the Washington State Sex Offender Information Center, a Web site that lists the state's level 2 and level 3 sex offenders.

"Then it hit me that I was in P.E. freshman year, and this kid was there for a while and he was my neighbor at my locker," Gilmore told KIRO 7 Eyewitness News. [[[snip]]] Gilmore made copies of the announcement and started handing them out to classmates "to let them know that we're going to school with dangerous people and to be more aware." Three other students helped create and distribute fliers. He said minutes later, the school's principal caught up with him.

Gilmore was suspended for three days. School officials said the fliers amounted to harassment and he was interfering with other students' education, according to school documents.

..more.. : by KIRO TV
12-13-2007 California: Court will review challenge to Prop. 83's sex offender restrictions
.The state Supreme Court took up the incendiary issue of sex criminals' residency requirements Wednesday, agreeing to decide the constitutionality of a voter-approved law prohibiting paroled rapists and other sex offenders from living within 2,000 feet of a school or park.

The justices voted unanimously to review legal claims by four registered sex offenders, two of them from the Bay Area, who could be returned to prison for parole violations because of where they lived after being released. The court blocked the state from acting against the four men when it first intervened in their case two months ago, but parole officials have started to arrest others in similar circumstances. ..more.. : by Bob Egelko, Chronicle Staff Writer
12-12-2007 New York: Fools, and damned fools
.Last night’s Watertown City Council workshop meeting has shown that my modest campaign to stamp out public stupidity on the part of elected officials is failing badly. I suggest this based on Councilman Jeff Smith’s suggestion that the city place signs outside the residences of level 2 and 3 sex offenders that proclaim, in fluorescent pink, the presence of that offender to the general public.

I was troubled when the city of Ogdensburg passed the first north country legislation restricting the rights of sex offenders, but at least it didn’t create a ban so broad that, when all was said and done, sex offenders were banned from the city. Then Madrid took up a ban that, by using absurdly broad “cones of protection,” would effectively ban sex offenders from the hamlet. ..more.. : by Northern NY Follies Blog
12-12-2007 Oregon: GPS for state sex offenders gets split verdict: Does tracking system cut crime? Opinions differ
.The other day, Christopher Ervin wanted to check on a sex offender, a Seattle man who had preyed on two teens, and was homeless. Normally, Ervin, a community corrections officer, would have made some calls and visits. But this time, he simply fired up his computer and looked for the green dot. It told him everything.

As it moved on a map, the dot told him that the offender had woken up around 5 a.m. and milled around downtown. Most important, the dot told Ervin that the 23-year-old man was not at work, but had taken a bus to a skateboarding hangout and the Southcenter Mall. "Part of his pattern is that he hangs out with his buddies, starts slacking off, stops working," said Ervin's supervisor, Theo Lewis.

Officers were concerned that the man, who had raped a teenage girl and had sexually groomed a troubled teenage boy, might have been hanging around young people again. "He went to jail." ..more.. : by VANESSA HO, P-I REPORTER
12-12-2007 Michigan: Where did the idea for the series "To Catch a Predator" come from?
.In an earlier TV generation, it was said you knew you were in trouble if you saw Mike Wallace and a 60 Minutes camera crew waiting for you in the lobby. This century, when you see Detroit homeboy and "To Catch a Predator" host Chris Hansen pop out from a darkened back room and enter the kitchen, you know your tush is toast — especially if you're the kind of perverted asshole who gets his jollies trying to seduce children.

Truth is, Hansen doesn't even have to be in the house. "We were working on a story that took us through Birmingham, Ala., the other day, and I was leaving the airport with one of the security guys, the producer and the associate producer," says Hansen, who grew up in Bloomfield Township, graduated from Michigan State University and spent his formative TV reporter years working the mean streets for Channel 4 (WDIV) and Channel 7 (WXYZ). "The guy parking cars took a look at us and said, 'Uh-oh, somebody's in trouble now! Somebody did something wrong in Birmingham!'" ..more.. : by Metro Times
12-12-2007 Florida: Sex Offenders and Murderers Welcome
.Attention sex offenders and murderers: Do you need a place to live? A Dog River couple is getting ready to rent out rooms. They say people in their neighborhood are trying to get rid of them and its payback time.

You can't miss the FOR RENT signs. They're posted in the yard and the trees! Bobby White says he's fed up with the neighbors. "I will be here renting out rooms to sex offenders and ex-murderers and ex-thieves! They forced me into this as long as they are not on parole or on paper. I can rent out rooms to whoever I like."

White says he and his partner Giles Ham can't live on Riverview Avenue in Peace. "I've been threatened at the mailbox of being shot. Our house has been threatened to be burned down." ..more.. : by Tiffany Craig
12-12-2007 National: Prison Fellowship responds to 8th Circuit rehab program ruling
.Mark Earley [President, Prison Fellowship; former Virginia Attorney General]: "The Eighth Circuit recently clarified the law surrounding government funding for faith-based services that address America’s intractable social problems. Americans United for Separation of Church and State had challenged the state of Iowa’s establishment of a voluntary faith-based pre-release program for prisoners launched by Prison Fellowship.

In the ruling, the Eighth Circuit held that Judge Pratt's injunction ordering the program in Iowa be shut down doesn't apply to programs that aren’t funded by the state. Because the IFI program in Iowa is no longer partially funded by the state, the injunction does not apply to it. In reversing the prior ruling, the Eighth Circuit also rejected the "pervasively sectarian" standard used by Judge Pratt and affirmed that faith-based organizations are not barred from partnering with government simply because they are faith-based. ..more.. : by The Jurist
12-9-2007 National: FBI taps cell phone mic as eavesdropping tool
.The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone's microphone and using it to eavesdrop on nearby conversations. The technique is called a "roving bug," and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.

Nextel cell phones owned by two alleged mobsters, John Ardito and his attorney Peter Peluso, were used by the FBI to listen in on nearby conversations. The FBI views Ardito as one of the most powerful men in the Genovese family, a major part of the national Mafia. The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the "roving bug" was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect's cell phone.

Kaplan's opinion said that the eavesdropping technique "functioned whether the phone was powered on or off." Some handsets can't be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set. ..more.. : by Declan McCullagh
12-12-2007 National: Secret FISA court won't release wiretap rulings
.A shadowy federal court that meets behind closed doors to hear wiretapping requests says it won't publicly release even portions of its rulings. In response to a formal request from the ACLU, the Foreign Intelligence Surveillance Court said on Tuesday that it won't divulge the abridged text of the orders dealing with the Bush administration's eavesdropping scheme on grounds that it could endanger national security.

The 24-page opinion (PDF) disagreed with the Bush administration's suggestion that the ACLU's request be necessarily dismissed out of hand. But after considering the request, the court rejected it on grounds that the public enjoys no general (or First Amendment-based) right of access to its proceedings under the Foreign Intelligence Surveillance Act. ..more.. : by Declan McCullagh
Can we always rely on the police to tell the truth?
12-12-2007 New York: Recording Nets Charges for NY Detective
.NEW YORK (AP) - A teenage suspect who secretly recorded his interrogation on an MP3 player has landed a veteran detective in the middle of perjury charges, authorities said Thursday.

Unaware of the recording, Detective Christopher Perino testified in April that the suspect "wasn't questioned" about a shooting in the Bronx, a criminal complaint said. But then the defense confronted the detective with a transcript it said proved he had spent more than an hour unsuccessfully trying to persuade Erik Crespo to confess—at times with vulgar tactics.

Once the transcript was revealed in court, prosecutors asked for a recess, defense attorney Mark DeMarco said. The detective was pulled from the witness stand and advised to get a lawyer. ..more.. : by TOM HAYS
12-9-2007 Pennsylvania: Friends' goal: Ease the 'isolation' that sex offenders' families feel
.Mrs. K has never committed a crime. But, she says, she feels like she is "wearing a red letter" because she is married to a registered sex offender. She and a friend from Lancaster County in similar circumstances are trying to start a support group called "SOFT of Lebanon" for the families of registered sex offenders ("SOFT" stands for Sexual Offender and Family Treatment.)

The two women, who spoke with The Patriot-News on the condition their names not be used, say most people don't realize how hard the Megan's Law Web site is on families. "We're not crying. My offender takes full responsibility," she says. "I completely agree with the registry, but it has no business being open to the general public."

Mrs. K says her son has been harassed at school and had to quit sports when other parents found out about her husband's past. Her husband is not allowed to live with her because she has a minor child, even though his crime did not involve children. ..more.. : by MONICA VON DOBENECKOf The Patriot-News. SUPPORT GROUP: S.O.F.T support group -or- SO
This is exactly how they passed the Adam Walsh Act, under suspension of the rules! There is no way this is constitutional.
12-6-2007 National: House vote on illegal images sweeps in Wi-Fi, Web sites
.The U.S. House of Representatives on Wednesday overwhelmingly approved a bill (HR 3791) saying that anyone offering an open Wi-Fi connection to the public must report illegal images including "obscene" cartoons and drawings--or face fines of up to $300,000. That broad definition would cover individuals, coffee shops, libraries, hotels, and even some government agencies that provide Wi-Fi. It also sweeps in social-networking sites, domain name registrars, Internet service providers, and e-mail service providers such as Hotmail and Gmail, and it requires that the complete contents of the user's account be retained for subsequent police inspection. [[snip]]

Wednesday's vote caught Internet companies by surprise: the Democratic leadership rushed the SAFE Act to the floor under a procedure that's supposed to be reserved for noncontroversial legislation. It was introduced October 10, but has never received even one hearing or committee vote. In addition, the legislation approved this week has changed substantially since the earlier version and was not available for public review. ..more.. : by Declan McCullagh
12-6-2007 Montana: Judge to weigh whether 13-year-old must be registered as sex offender
.District Judge Laurie McKinnon will consider whether a 13-year-old Conrad boy convicted of sexual assault should be required to register as a sex offender and have his picture posted on the state's notification Web site. At a Monday hearing, defense lawyer Nathan Hoines asked McKinnon to pull Colt Harris' information off the Internet immediately. McKinnon wasn't willing to do that, but with no objections from Pondera County prosecutor Mary Ann Ries, she agreed to hear arguments on the issue on Dec. 17.

The 2007 Legislature passed a law requiring juvenile sex offenders to register their addresses and information. Harris, who pleaded true to charges of forcing a 4-year-old to give oral sex and was sentenced in July, was the first juvenile to be posted on the state's sex offender notification Web site under the new law. In sentencing Harris, McKinnon gave elaborate instructions that allowed him to continue to go to school and get out-patient counseling. He was forbidden from going on the Internet and his parents were not allowed to have pornography in their homes. ..more.. : by KIM SKORNOGOSKI, Tribune Staff Writer
12-6-2007 National: Report: U.S. teen births rise
.ATLANTA - The nation's teen birth rate has risen for the first time in 14 years, according to a new government report. The birth rate had been dropping since 1991. The decline had slowed in recent years, but government statisticians said Wednesday it jumped 3 percent from 2005 to 2006. [[[snip]]]

The birth data for 2006 also showed births to unmarried mothers hit a new record high, and the overall birth rate has climbed to its highest level since 1971. The teen increase was based on the 15-19 age group, which accounted for about 99 percent of the more than 440,000 births to teens in 2006. ..more.. : by MIKE STOBBE, AP Medical Writer
12-6-2007 New Hampshire: Manchester police warning against offender restrictions
.Aldermen in Manchester (New Hampshire) have put off acting on a plan to ban sex offenders from living near schools, parks and other places where children gather, after hearing little support for the plan from police.

Deputy Police Chief Marc Lussier told an aldermanic committee yesterday that he's concerned the restrictions would not be effective. The committee then tabled the proposal, saying it expects to hear testimony from the department's juvenile division within a month.

Opponents say a ban would effectively ban offenders from living in most of the city. Some say they would rather give police more money to monitor offenders. ..more.. : by Associated Press (Corrected Version)
12-5-2007 Missouri: Missouri child sex offender law struck down
.The state Supreme Court has struck down a Missouri law that allowed prior child sex offenses to be used against defendants facing similar new charges. The Supreme Court says evidence of prior criminal acts should never be used in court to try to prove a defendant's propensity to commit a crime. To do so, the court says, violates a constitutional protection that is vital to the integrity of the justice system.

Tuesday's unanimous decision comes in a Livingston County case of a man convicted of first-degree child molestation. Attorneys for Donald Ellison had objected when the trial judge allowed prosecutors to admit evidence of his prior conviction. ..more.. : by Associated Press. Court decision
Another "Fear Mongoring" industry tied to "sex offenders," based on a theory that has not even been tested or developed!
12-5-2007 Ohio: Warning sex offenders; 'Offendar' may find you
Offendar Claims

What’s different about Offendar? Two things: It is the first system that can alert any member of the public who carries one to the nearby presence of an offender wearing a court ordered electronic bracelet. This enables people to take steps to protect themselves or others including children before something happens.

And the second difference over current offender laws? Offendar alerts the person wearing the bracelet first, allowing them to make a decision about remaining in an area. The Offendar system does not publicly identify the offender.

Is Offendar in use anywhere? Not yet. New legislation is required. Principals in the company are presenting to and meeting with Ohio legislators on Wednesday, December 5.

What will Offendar cost? We expect the personal device available to the public might have an annual cost somewhere between $15 and $45. We won’t know for sure until we are farther along in the development process.

Has the technology been proven? Yes. It does not actually use radar. But the Offendar system does use existing and proven technology in an innovative approach that is patent pending. Prototypes work effectively.

Intent is to replace GPS technology with "Offendar" the new snake oil system.

.State Sen. Tim Grendell of Chester Township, a vocal supporter of various measures aimed at getting tougher on crime, says he is excited about a Geauga County company's proposal "to take real-time monitoring of sex offenders to a new level." He has invited the company to make a presentation Wednesday to a Senate subcommittee on a device it is developing and seeking to patent called "Offendar," short for offender radar. Offendar LLC is marketing it as a "personal threat detection system featuring a key-fob sized electronic device." The device would give the person carrying it "a vibrating, auditory or visual alarm when a sex offender or other person wearing a court-ordered electronic ankle bracelet is in the immediate vicinity."

Why is the company proposing it? "The public wants more than after-the-fact tracking of sex offenders. Many people want to know when a threat is in the vicinity so they can take steps to protect themselves and their children before something happens," according to the company's presentation. The idea is sure to be provocative, especially among those who think efforts targeting sex offenders have gone too far. Grendell seems to have no reservations about the company's proposal. "In seeing their idea and understanding how it can enhance what Ohio is already doing, I was very impressed," he said in a memo Monday to fellow lawmakers and the media. ..more.. : by Reginald Fields

US v. Carter, No. 05-6129 (6th Cir. September 18, 2006) The imposition of a special supervised-release condition mandating sex-offender treatment is vacated and remanded where the condition was not reasonably related to either the instant offense of being a felon in possession of a firearm or defendant's criminal history.

US v. Shaw, No. 05-6110 (6th Cir. September 26, 2006) In a case involving alleged child sexual abuse, denial of defendant's motion to suppress written statements made while he was held in custody for nearly twenty hours at an army base is reversed where he was arrested without probable cause and in violation of his Fourth Amendment rights, and the confessions he made were not sufficiently voluntary to eliminate the taint of the illegality of his arrest.

• Who killed Adam Walsh?: While it was a ghastly crime, there are no facts to show a sex offender was involved at all, in fact, the crime remains unsolved today. A serial killer, Ottis Toole, did confess but later recanted and then died in prison! Ottis Toole's background. Read the Adam Walsh story, do you see a sex offender involvement?.

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