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12-1-2007 Georgia: Keen opens his mouth, shifts the blame
.How can you tell if Rep. Jerry Keen, R-St. Simons Island, is grandstanding? His lips are moving.

Remember what Keen, primary sponsor of the incompetently crafted sex offender legislation HB 1059 told his colleagues in the Legislature: "We want people running away from Georgia. Given the toughest laws here, we think a lot of people could move to another state. If it becomes too onerous and too inconvenient, they just may want to live somewhere else. And I don't care where, as long as it's not in Georgia."

Sex offenders unable to comply with the tough standards, Keen said, "will, in many cases, have to move to another state." ..more.. : by Kaffie Sledge at 706-571-8585 or ksledge@ledger-enquirer.com
Clarification? What! The state AG cannot tell the difference between the court's holding and dicta/dictum?
11-30-2007 Georgia: AG asks Ga. Supreme Court for clarification on sex offender ruling
.Georgia's attorney general on Thursday asked the state's top court to clarify its ruling striking down a law limiting where sex offenders may live. Thurbert Baker said there is confusion about whether the decision applies to all 11,000 sex offenders in the state or only to those that own property. The Georgia Supreme Court last week found the law unconstitutional because it violated the "takings clause," effectively forcing homeowners to abandon their property without compensating them.

Court's Holding

The case was brought to the court on the "Takings" principle, property ownership, eminent domain. The ruling held, the law is unconstitutional when the law would force a RSO -who owns the property s/he lives on- out of their home.

All the other comments made by the court fall into dicta/dictum because they do not support the "takings clause" as applied in this case.

However, this is just a layman's view, who would never question the AG's office gift horse? That would be illogical. However, I do wish the court held as the AG's office did. Notice the silence of the AG's voice.

eAdvocate
"The decision of the Court impacts all law enforcement in some fashion and registered sex offenders and, if there is ambiguity, clarification would be helpful," Baker's said in a motion to the justices. Passed in 1996, the law banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate.

The court warned that sex offenders could be forced to leave their homes if a facility catering to children springs up nearby. "It is apparent that there is no place in Georgia where a registered sex offender can live without being continually at risk of being ejected," read the unanimous opinion, written by presiding Justice Carol Hunstein. [[[snip]]]

Earlier this week, Baker's officer said the court's ruling appeared to apply to all Georgia sex offenders and he advised law enforcement officials to stop enforcing it. Georgia law enforcement officials had asked for guidance from Baker's office. Jane Hansen, a spokeswoman for the Georgia Supreme Court, said Thursday it was unclear when the justices would consider Baker's request. ..more.. : by SHANNON McCAFFREY - Associated Press Writer
11-30-2007 National: Exclusive: Teen Sex in Schools, Part One
.Momvestigation: A national Mom•Logic survey finds that one in five kids has witnessed sex at school.

Sex in schools!

If 1 in 5 (20%) students have witnessed sex, then, 40% of today's students are sex offenders (assuming 20% witnessed two party sex).

Actually eAdvocate raised this issue in March of 2006, see "The Policy of Youthful Behaviors: Ninth to Twelfth grade behaviors that may label juveniles a sex offender under today's laws!"

That commentary drew its "46% of students are having sex in schools" from the Center for Disease Control's annual Youth Risk Behavior Surveillance System (YRBSS). Sex is but one area they poll.

So, while Mom Logic identified 20% of students witnessed sexual acts, actually the CDC identifies how many students admit to having sex through its poll (YRBSS) of students.

eAdvocate
"One couple at my school gets it on during lunch right near where my friends and I sit. Especially when the girl wears a skirt. It's pretty unappetizing, especially when I'm trying to eat." - Aubrey, 15, Seattle

Over the past few months, we've been hearing news reports of kids having sex in school: in the classroom, the school bathroom, even on the bus. As these stories became more and more frequent, we began to wonder if these were isolated incidences or part of a disturbing national trend.

We consulted our friends at Cosmo Girl and the National Campaign to Prevent Teen Pregnancy, and they'd been wondering the same thing. So we decided to do a national survey on sex in schools—the first study of its kind to be conducted in the United States.

We surveyed kids age 12-17 from around the country. And what we found was shocking: One in five kids have witnessed sex in schools. ..more.. : by Mom Logic.com
11-30-2007 National: Adult System Worsens Juvenile Recidivism, Report Says
.Youths tried as adults and housed in adult prisons commit more crimes, often more violent ones, than minors who remain in the juvenile justice system, a panel of experts appointed by the Centers for Disease Control and Prevention said in a new report.

Longer sentences and the transfer of juvenile offenders to the adult system gained traction in the 1980s and 1990s as youth crime increased. The trend raised fears in statehouses and in Congress about young predators, and laws to push more juvenile offenders into the adult system flourished. ..more.. : by Robert E. Pierre, Washington Post Staff Writer
Retaliation and Extreme Violence!
11-28-2007 Maryland: A 'nightmare' of threats: Man charged with targeting prosecutor, witnesses in case
.Baltimore County Assistant State's Attorney Allan J. Webster described the scene for jurors: a defendant sitting outside a prosecutor's house, taking notes about the home, its entrances and even the family dog. "That is a prosecutor's worst nightmare," he said yesterday in Baltimore County Circuit Court. " ... For most people we deal with, it's a job. They look at it as a job. End of story. Michael Martin doesn't believe that."

Martin, 46, of Lutherville, is charged with trying to hire an inmate in the Baltimore County jail to kill the prosecutor who handled a 2005 sex-abuse case against him, injure another prosecutor, break the knees of a police detective and set fire to the home of an elderly woman who had told people at Martin's church about the abuse case. [[[snip]]]

Martin, who has worked as an information technology specialist, pleaded guilty in January 2006 to a fourth-degree sex offense against a girl when she was 9 and 10 years old. The girl told authorities that Martin inappropriately touched her and showed her pictures of scantily clad children on his computer, according to court documents. A Police Department civilian computer expert found pictures on Martin's computer similar to those the girl described.

Shortly after Martin's guilty plea in the sex-abuse case, the computer expert got two threatening e-mails from an untraceable source that made reference to his sister, a Towson University employee, court records show. One read, "u admit to tampering with evidence and [the sister] makes it through the semester. U don't and bets are off," according to the documents.

Also, a woman who told members of Martin's church that he was a sex offender, got an anonymous call from a person who said in part, "I didn't know you had grandbabies," court records show. On Feb. 1, 2006, police searched Martin's car and found a loaded shotgun, a large combat knife and directions to the homes of the computer expert and a relative of the woman who had received the call about her grandchildren. [[[snip]]]

Investigators found evidence on Martin's computers that the defendant had searched the Internet for information about some of his alleged targets as well as directions to their homes, a forensic computer examiner with the county Police Department testified. Police also found on the computers photographs of the elderly woman's house and of the building where Baltimore County police Detective Judy Duncan worked, the computer examiner said. Martin wanted Duncan's knees broken and prosecutor John Cox castrated - although he told Bryce that he would take care of them himself "at some point," according to charging documents. "The efforts that the defendant went through are frightening," Webster told jurors during his opening statement. ..more.. : by Jennifer McMenamin | sun reporter
A candidate for office using parolees as pawns and a stepping stone to office!
11-28-2007 California: Sex crimes grandstanding: Forcing a problem on other communities, and a population further underground
.Sex offenders are an easy political target. Nobody wants to be portrayed as soft on child molesters; nobody wants to defend ex-cons who are required to register their whereabouts with the police. Jessica's Law, the state bill that bars registered sex offenders from living within 2,000 feet of any school or park, passed overwhelmingly in 2006, and only a few brave politicians, including San Francisco sheriff Mike Hennessey and Assemblymember Mark Leno, were willing to oppose the measure on the grounds that it's counterproductive and unworkable.

Now Joe Alioto Veronese, a San Francisco police commissioner and candidate for State Senate, has launched an effort to force the local police to roust sex offender parolees who live in San Francisco. It's good politics for someone who wants a high-profile campaign issue, but it's bad law enforcement policy. Veronese wants the San Francisco Police Department to go out and find every one of these transients and, if they aren't in fact homeless, arrest them for parole violation. That's going to take a lot of police time — and is unlikely to be terribly effective. For starters, it's not the job of the SFPD to monitor parolees. The state's Department of Corrections does that — and every transient parolee has to check in with his or her parole officer every single day anyway. Veronese told us he doesn't expect the SFPD to send ex-offenders back to prison — but if they're arrested, that's exactly what will happen. ..more.. : by SFBG Editorial
As predicted, Keen responds with something far more onerous and vindictive, changing the state constitution to permit a "takings" of sex offender's rights (property being only one of them)?
11-27-2007 Georgia: Court inviting sex offenders into state, key legislator says
.State Rep. Jerry Keen, R-St. Simons Island, is worried that Georgia Supreme Court justices are putting out a welcome sign for felony sex offenders.

Keen Responds

Change the Constitution is his cry! How? To permit a "takings" of registered sex offender's rights, property being one? Keen says the current court decision cannot be appealed to the federal level because it is a state issue given a violation of the state constitution according to the court decision.

While he is correct on that point, he is very shortsighted thinking that a change to the state's constitution to permit likely a "takings" of rights would not wind up in the U.S. Supreme court. However, he doesn't care his vindictive side, wanting more punishment circumventing constitutional protections, will drive him to get approval from other legislators to change the constitution.

How many Georgia residents remember this, ""In Germany, the Nazis first came for the Communists, and I did not speak up, because I was not a Communist. Then they came for the Jews, and I did not speak up, because I was not a Jew. Then they came for the trade unionists, and I did not speak up, because I was not a trade unionist. Then they came for the Catholics, and I did not speak up, because I was not a Catholic. Then they came for me ... and by that time, there was no one to speak up for anyone.""

If Georgia residents do not stop Keen, which group will he hate next, hence which door will knock next? Time to wake up to reality...
His concern comes after the court's decision last week to overturn a state law he moved through the Legislature that banned registered sex offenders from living within 1,000 feet of schools, churches, playgrounds and other areas where children gather.

"The Georgia Supreme Court has opened the door to every convicted sex offender in the country and told them, 'Welcome to Georgia! Live anywhere you want to,'" Keen said Monday. "At a time when other states are passing and strengthening their residency requirements for sex offenders, our (Supreme Court) threw out our entire resident requirement statute," he said. [[[snip]]]

Keen said he is working feverishly to pre-file legislation before the next legislative session in January to amend the state constitution. "We cannot appeal the ruling because the Supreme Court wrote it in such a way that they say (the law) violates the Georgia Constitution," he said. "They were very crafty in doing it that way so that the Attorney General can't even appeal to the federal courts."

Civil rights groups, including the American Civil Liberties Union and the Southern Center for Human Rights, have argued that the law would unconstitutionally force some sex offenders to move from their place of residence, even if they were living there prior to the establishment of a day care center or church. ..more.. : by EMILY STRANGER
11-27-2007 California: Viability of sex-offender law in doubt: The lifetime GPS monitoring ordered by Prop. 83 may be too costly and complex to ever fully implement.
.Law enforcement leaders who pushed for a ballot initiative requiring sex offenders in California to be tracked by satellite for life are now saying that the sweeping surveillance program voters endorsed is not feasible and is unlikely to be fully implemented for years, if ever. [[[snip]]]

The difficulties include the impracticality of tracking sex offenders who no longer must report to parole or probation officers, the lack of any penalty for those who refuse to cooperate with monitoring and the question of whether such widespread tracking is effective in protecting the public. The biggest issue, however, is that the law does not specify which agency or government should monitor felony sex offenders -- and shoulder hundreds of millions of dollars a year in related costs. ..more.. : by Michael Rothfeld, Los Angeles Times Staff Writer
Shocking position from the Georgia AG's office!
11-27-2007 Georgia: Officials: Residency ruling applies to all sex offenders
.The state attorney general's office Monday said it believes the residency restrictions for all of the state's registered sex offenders are no longer valid in light of last week's ruling by the state Supreme Court.

There is no doubt that the Georgia court decision left many questions unanswered and possibly the Georgia AG felt the court's decision was a warning that any law causing RSOs to become nomads was going to be struck down.

So the AG takes the position that let the legislature decide this question since it created the problem in the first place. So the heat falls to the legislature and if it follows history (w/Keen's hate statement in the law) the new law will be even more vindictive and likely retroactive.

It will be interesting to see how the AG actually words his position, or how how wiggles out of it?

eAdvocate
In a unanimous decision, the court struck down the law prohibiting registered sex offenders from living within 1,000 feet of day care centers, schools, churches or other places children congregate. Because it deprives some offenders of their property rights, the law is unconstitutional, the court found.

Because the law addressed a challenge raised by a Clayton County homeowner who was told he had to move when a day care center was built within 1,000 feet of his house, some lawyers who examined the ruling questioned whether it applied to all 15,000 registered offenders — including those who rent or live in places for free. The state attorney general's office believes that it does and will soon send out a letter stating its position, spokesman Russ Willard said. "Our office is currently advising our clients how to proceed now that the Georgia Supreme Court has struck down the sex offender residency restrictions," he said. ..more.. : by BILL RANKIN, The Atlanta Journal-Constitution
11-27-2007 Canada: Editorial: Fewer criminals, fewer prisons
.Canada’s not-so-new Conservative Government is trying to push through a large number of changes to Canada’s criminal system this fall, and so far no one has taken a stand against them. The Liberals are indecisive because they are afraid challenge the Tories on anything for fear of going into an election, and the other parties are actually supporting this – the NDP, stunningly, wants to fast-track the majority of the legislation because the Conservatives are going too slowly! This “tough on crime” attitude is certainly attractive politically, but if we actually want to reduce crime, this legislation will do more harm than good.

A 2002 review by the federal government of 111 studies on the effect of criminal justice sanctions found that harsher punishment actually increased recidivism. Today, the recidivism rate is up to 80 per cent. This bill is a subtle change from Canada’s history of rehabilitating prisoners and reintegrating them back into society towards the American-style justice system, where people spend decades in jail for minor drug offences. Tougher penalties don’t reduce crime, they increase the number of criminals. After 13 years of the “soft on crime” Liberals, Canada had its lowest crime rate in 25 years. Contrast this with the numbers Statistics Canada released Wednesday, which show that the incarceration rate rose for the first time in more than a decade, mainly due to the increased number of people spending time in jail awaiting trial or sentencing. These numbers will only rise as these offences work their way through the system. ..more.. : Editorial McGill Daily
11-27-2007 California: Justices uphold welfare home searches: The ACLU had challenged a San Diego County policy, saying its warrantless inspections violated privacy rights. The Supreme Court refuses to hear it.
.WASHINGTON -- County welfare officers may conduct routine searches of the homes of welfare recipients to combat fraud under a ruling in a California case that the Supreme Court let stand Monday. The justices refused to hear a challenge from the American Civil Liberties Union, which contended that San Diego County's policy of requiring home searches without a warrant violated privacy rights.

The 4th Amendment to the Constitution forbids the police to search a residence without a warrant. But the home inspections in San Diego County are different, judges said, because they do not seek evidence of a crime. Instead, they are intended to determine whether welfare recipients qualify for benefits. ..more.. : by David G. Savage, Los Angeles Times Staff Writer
Bamboozled by Politicians!
11-26-2007 Maine: Sex-offender laws should reflect problem at hand
.This is in response to Ruth Fuller's letter of Oct. 31. I'm regretful that she has to live in such a fearful state of denial. To constantly worry about sex offenders lurking in the dark waiting to "kidnap, rape and probably kill them" is an awful way to have to exist.

Certainly some statistics may help ease the pain of Fuller. Sex crimes devastate numerous people. Ninety-seven percent of all sex crimes are committed by someone known to the victims. The fear is actually of the known, not the unknown, which is where Fuller lives in her mind. People we tend to trust or people certified by our own government to trust, such as teachers, are abusers.

Registries and residency restrictions have done nothing to reduce an already low recidivism rate. Remember only seven percent of sex crimes involve strangers. Furthermore, only a small percentage of those offenders kidnap, murder or rape young children unknown to them. So who does the registry and local ordinances protect? ..more.. : Opinion: Dexter Newbury
11-26-2007 Ohio: Sex In The Time Of Hysteria
.It's been 10 years since Ohio started registering sex offenders, notifying neighbors when they move nearby and putting their pictures on sheriffs' Web sites. Has the program improved public safety? No one knows. The state has never studied the results of this relatively new and controversial approach to crime prevention. But that hasn't stopped the Ohio General Assembly from passing a much tougher version of the law, requiring even more people to register as sex offenders, and for longer periods.

The new law, which took effect July 1, won unanimous approval in the Ohio Senate. But there are serious questions about whether legislators even knew what the law would require. Passed under pressure from the federal government, the law creates a classification system so severe that some juveniles convicted of sexual misconduct could be branded as sex offenders for the rest of their lives. But far from enhancing public safety, some policy analysts say, the new law could backfire - making it harder for former offenders to stay out of trouble and making it more difficult for victims of sexual abuse to get help.

How did the law make it so easily through the legislature? The first answer is politics. ..more.. : by Margo Pierce
Monitor? What part of registration laws requires the public to monitor registered sex offenders?
11-26-2007 National: Invisible Sex Offenders: How Do We Monitor Them?
.The US Department of Justice’s Bureau of Justice Statistics (BJS) is doing an impressive job of tracking felons and notes that, thanks to automated processes, they now have 71 million individual offender records in their database.

Eyes Opened?

This is typical of the public mindset, a complete misunderstanding of registries. Registry purpose is singular: Let the public know where former sex offenders reside, actually that means sleep at night. Beyond that registries have no purpose, that is reality.

Dr. Farell is oblivious of the fact that, the public does not know where RSOs are when they are not sleeping; that is RSOs that have recognized post office addresses. She is also oblivious of registry law's "term of registration" in that once a RSO reaches that date they no longer have to register.

Her mindset, and the public's, fail to see how useless these laws are! Registries will never be anything but a glorified telephone book. Invisibility when not sleeping, is a consequence of registries, that folks is reality!
“The problem,” according to Dr. Patricia A. Farrell, a psychologist and author, “is what these statistics mean and whether or not we should be comforted by the presence of this huge database. When it comes to sex offenders, who seem to be increasingly homeless, does it matter that their names and crimes are in a database if you don’t know where they are?

“Statistics are only useful if they can actually be used for something and, in the case of homeless sex offender, what is their use? How do you monitor sex offenders living under bridges or in back of shopping centers or abandoned cars, houses or shelters? Of what use is the monitoring if you can’t find them?”

Strict local actions to keep sex offenders out of neighborhoods or away from areas where children gather may have led to this new problem. “We now have a population of known sex offenders who have become ‘invisible’ for all intents and purposes. Once they move, who handles the local registration, who does the follow-up and who handles any aftercare? For that matter, who’s doing research to find effective treatment for these offenders to keep them from reoffending?” ..more.. : by Dr. Patricia A. Farrell
11-26-2007 National: Arrests for sex crimes falling
.At a time when public awareness of child molesters and rapists has never been more acute, arrests for sex offenses have fallen by almost 10% in the past decade, FBI statistics show.

For some experts, the steady drop in arrests in the middle of intense public scrutiny is a mystery; other officials say heightened monitoring explains the drop.

FBI reports show that arrests are down across the country, falling from 70,237 in 1997 to 63,243 last year. The decline in both reported rapes and arrests for sex offenses nationwide began in the early 1990s, before many of today's get-tough measures were implemented. ..more.. : by Robert Anglen, The Arizona Republic
11-24-2007 Missouri: Ruling could delay listing on registry of likely abusers
.Several state officials say a Missouri Supreme Court ruling has shot a hole in a shield intended to protect children from potentially dangerous caregivers. As a result, they say, serious offenders could manage to keep their names off the state's child abuse and neglect registry for years as they appeal criminal charges.

But others are dismissing those concerns, saying the ruling has instead brought much-needed legal protections to those wrongly accused of child abuse and neglect. The disagreement centers on one facet of a ruling that altered the process by which names are added to the state's Central Registry of likely abusers. Advertisement ..more.. : by Matthew Franck
11-23-2007 Indiana: Lawyer challenges to federal sex registry
.Local attorney Bryan Truitt is challenging the constitutionality of a federal sex offender registry law, in part on the grounds it illegally treads on rights reserved for the states. The Sex Offender Registration and Notification Act, which requires sex offenders to keep their registration current no matter where they live, is invalid under the 10th Amendment because it has not been adopted by most states, including Indiana, Truitt said.

The requirements also have nothing to do with interstate commerce and thus Congress has no power to require the rules be implemented by the states, he said. Truitt further accused Congress of improperly delegating to the attorney general the power to decide how to apply the law to defendants accused of violating the requirements before they took effect. This is the case with his client, who is accused of violating the registry law before it took effect July 27, 2006. "These are decisions of Congress," he wrote. ..more.. : by BOB KASARDA
11-21-2007 New York: Court Rules NY's Handling Of Sex Offenders Illegal - Again
.“A federal judge has blocked enforcement of sections of the new state law authorizing civil confinement for sex offenders after they have served their prison sentences. Southern District Judge Gerard Lynch enjoined two sections of the New York Mental Hygiene Law, which became effective on April 13, 2007, finding that the procedures for detaining people did not meet the requirements of due process.

The decision in , 07 Civ. 2935, did not involve challenges to the constitutionality of civil confinement, which has been upheld by the U.S. Supreme Court. Instead, plaintiffs alleged several procedural defects in the New York law.” This is a blow to Gov. Eliot Spitzer, as the deal on civil confinement was one of the earliest - and loudly tumpeted - successes of his nascent administration, and also an agreement he managed to reach with the ehretofore intractable Assembly Democrats when his predecessor, Republican Gov. George pataki, could not. ..more.. : by Daily News
Georgia Residency Law Declared Unconstitutional! Don't jump for joy just yet, the decision may have loopholes in it.
11-21-2007 Georgia: Georgia's limits on sex-offender housing overturned
.Georgia's top court overturned a state law Wednesday that banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate. "It is apparent that there is no place in Georgia where a registered sex offender can live without being continually at risk of being rejected," read the opinion, written by presiding Justice Carol Hunstein.

The law had been targeted by civil rights groups who argued it would render vast residential areas off-limits to Georgia's roughly 11,000 registered sex offenders and could backfire by encouraging offenders to stop reporting their whereabouts to authorities. [[[snip]]] The Georgia Supreme Court ruling said even sex offenders who comply with the law "face the possibility of being repeatedly uprooted and forced to abandon homes."

It also said the statute looms over every location that a sex offender chooses to call home and notes while the case in question particularly involves a day care center, "next time it could be a playground, a school bus stop, a skating rink or a church." ..more.. : by CNN.com ... Georgia Supreme court decision
These laws are already backfiring on the public and they cannot see it. Many RSOs are now drawing some form of public assistance simply because they cannot get work and do not have a stable residence.
11-21-2007 Ohio: Sex In The Time Of Hysteria: Ohio's Efforts To Get Tougher On Sex Offenders Could Backfire
.It's been 10 years since Ohio started registering sex offenders, notifying neighbors when they move nearby and putting their pictures on sheriffs' Web sites.

Has the program improved public safety? No one knows. The state has never studied the results of this relatively new and controversial approach to crime prevention. But that hasn't stopped the Ohio General Assembly from passing a much tougher version of the law, requiring even more people to register as sex offenders, and for longer periods.

The new law, which took effect July 1, won unanimous approval in the Ohio Senate. But there are serious questions about whether legislators even knew what the law would require. Passed under pressure from the federal government, the law creates a classification system so severe that some juveniles convicted of sexual misconduct could be branded as sex offenders for the rest of their lives.

But far from enhancing public safety, some policy analysts say, the new law could backfire - making it harder for former offenders to stay out of trouble and making it more difficult for victims of sexual abuse to get help. How did the law make it so easily through the legislature? ..more.. : by Margo Pierce
Does not include incidents against RSOs or their families.
11-21-2007 National: Hate Crimes Rose 8 Percent in 2006
.Hate crime incidents rose nearly 8 percent last year, the FBI reported Monday, as civil rights advocates increasingly take to the streets to protest what they call official indifference to intimidation and attacks against blacks and other minorities.

Police across the nation reported 7,722 criminal incidents in 2006 targeting victims or property as a result of bias against a race, religion, sexual orientation, ethnic or national origin or physical or mental disability. That was up 7.8 percent from 7,163 incidents reported in 2005. More than half the incidents were motivated by racial prejudice, but the report did not even pick up all the racially motivated incidents last year. ..more.. : by Associated Press. Full Statistics Here
11-16-2007 Lousiana: State defends death penalty for child rape
.Louisiana officials have urged the Supreme Court to allow the state to continue to seek the death penalty for those convicted of child rape. In a brief in opposition (found here) filed on Wednesday, the state argued that there is a distinct trend across the country to impose death sentences for crimes that do not result in death of any victim. In addition, it said, more states are opting to pass laws to make child rape a capital crime.

The case of Kennedy v. Louisiana (docket 07-343) poses a direct test of whether states may constitutionally impose the death penalty for any crime other than murder. And, in particular, it tests whether a death sentence is a disproportionate penalty, under the Eighth Amendment, for raping a child. The petition, filed Sept. 11, is discussed in this post, which includes links to the petition and to the Louisiana Supreme Court decision upholding the law at issue. ..more.. : by ScotusBlog. Briefs .. Brief .. Brief
11-16-2007 Michigan: Police Will Not Charge 3rd Person;Gag Order Issued In 'Thrill Kill' Investigation
.Rescue 4 Undercover has learned that a third person of interest in the “thrill kill” slaying will not be charged in the beheading and mutilation of a 26-year-old River Rouge man. Police believe the third person was called after the slaying and did not take part in the slaying or disposing of the body. However, he failed to report the crime to the police.

This came just hours before a gag order had been issued in the investigation of two teenage boys accused of “thrill killing.” Suspect Jean Pierre Orlewicz’s attorney filed the gag order after Wayne County Prosecutor Kym Worthy said Orlewicz, 17, and Alexander James Letkemann, 18, had carefully planned the slaying and beheading of Daniel Sorensen for no other reason than the “thrill” of it. [[[snip]]]

Worthy said in a news conference Monday that neither money nor drugs appeared to be the motive when Orlewicz allegedly lured Sorensen, 26, to Orlewicz's grandfather's home on Nov. 7 "for the purpose of killing him" in a “gruesome” manner. Orlewicz's attorney said her comments and other media terminology may affect the jury pool.

Honorable Michael Gerou of the 35th District Court agreed. He said, "Subpoenaed witnesses, clerks and officials in attendance to the court be forbidden from disclosing to agents and employees of the media, including newspapers, magazines, television stations, radio stations and Internet-based media organizations information regarding the subject matter of this case." ..more.. : by ClickOnDetroit.com
11-16-2007 Oregon: Court clarifies 1,000-foot school-zone drug law
.The 1,000-foot zone around Oregon schools to protect students from drug dealing appears to have gotten a little tighter. The Oregon Supreme Court ruled unanimously last week that prosecutors do not need to prove a dealer knew that a drug sale was within 1,000 feet of a school. The case involved a man who was convicted in the sale of cocaine to an informant working with an undercover police officer at a high school in Portland.

The defendant had argued during his trial that the jury be instructed that a conviction required that he knew the sale occurred within 1,000 feet of school property. The trial judge rejected the argument, but it was upheld by the Oregon Court of Appeals. The Oregon Supreme Court reversed the appeals court, saying that requiring knowledge of the distance from the school only would give drug dealers an incentive to claim they did not know how close they were to school grounds. ..more.. : by WILLIAM MCCALL
11-14-2007 Michigan: Murdered, decapitated, stigmatized
.Last Thursday, police found a headless, burned body on a vacant lot in Northville. The following day, Michigan's largest newspaper reported the death of James and Kimberly Sorensen's only son under this headline:

Burned, headless man is ID'd as child sex offender

Other news organizations carried similar accounts, identifying the slain Daniel Sorensen variously as a "sex offender," "a registered sex offender" and "a man convicted of criminal sexual conduct." Police weren't yet speculating about possible motives, but if you are an amateur sleuth like me you probably leaped to the same conclusions I did: Revenge killing.

What goes around, comes around. Well, he'll never rape anyone else's kid. These were reasonable deductions -- based, as we say in my business, on the best information we had at the time. They were also dead wrong -- and as monstrously unfair to Daniel Sorensen as the way he died. ..more.. : by BRIAN DICKERSON, FREE PRESS COLUMNIST
11-14-2007 North Carolina: Sex offender challenges monitoring
.A federal lawsuit brought by a sex offender in Cumberland County says it's unconstitutional for correction officers to use satellites to track him.

The lawsuit, filed this month by Jay Usategui of Hope Mills, is an early test of a new state law that calls for more aggressive monitoring of certain sex offenders. About 114 sex offenders are monitored under the new program, state correction officials said.

Usategui (USE-a-ta-gooey), who pleaded guilty in 2003 to taking indecent liberties with a 15-year-old girl, wears a bulky ankle bracelet and carries a 2-pound monitoring device. The device transmits a signal to a satellite, which allows officials to use mapping software to locate an offender. ..more.. : by Titan Barksdale, Staff Writer
11-13-2007 Michigan: Contemplating the Meaning of ‘Life’
.In 1977, when Gerald L. Hessell was sentenced to life in prison for second-degree murder, a gallon of gas cost 62 cents and a life term in Michigan meant about 15 years.

But Michigan changed its parole system in 1992, replacing a parole board made up of civil servants with political appointees. The new board summarized its thinking in a presentation to the state’s judges in 2001: “A life sentence means life in prison.”

Mr. Hessell was released the other day, thanks in part to a decision from a federal judge in Detroit last month ruling that the state had violated the ex post facto clause of the Constitution when it changed the parole rules. The clause says the government cannot increase punishments retroactively. ..more.. : by ADAM LIPTAK. Court decision:
11-9-2007 National: NBC Contracted to Pay "Perverted Justice" Vigilantes Nearly $2 Million to Pose as Children for Online Stings
.Who knew that posing as little boys and girls to lure predators could be so lucrative? According to IRS documents filed by the controversial vigilante group Perverted Justice, NBC paid the group $802,520 last year for seven sting operations designed to lure online predators into sexually-suggestive conversations and, ultimately, to NBC's cameras.

NBC hired the vigilante group for its controversial To Catch a Predator series and is expected to pay the group an additional $450,000 this year, per the documents, and another $600,000 next year if the network airs all of the episodes it is expected to produce with Perverted Justice. Undercover FBI agents should be so lucky to earn that level of pay for doing the same work and much more.

Radar uncovered the documents, which Perverted Justice founder Xavier Von Erck (pictured above) filed with the IRS to obtain tax-exempt status for the group. Per the documents, Von Erck and his two staff members each earn $120,000 a year. Radar notes, in comparison, that the average salary earned by executive directors of nonprofit organizations in 2005 was less than $100,000.

This is the first time that the extent of NBC's financial arrangement with the vigilante group has been made public. Radar reports that NBC declined to comment. ..more.. : by Wired.com
11-3-2007 Virginia: Virginia high court rules against device gauging sexual arousal
.The Virginia Supreme Court ruled Friday that courts cannot rely on a machine that measures sexual arousal of accused sex offenders without evidence to back up the machine's accuracy. The court ruled in a Tazewell County case in which a teenager was sentenced to two life terms for orally sodomizing a 9-year-old boy.

Circuit Court Judge Henry A. Vanover imposed the sentence based in part on the results of a penile plethysmograph, a controversial device akin to a polygraph. The machine measures blood flow to the penis. Matthew E. Billips was convicted of two counts of forcible sodomy and one count of soliciting a child to perform sodomy. Billips was living at a relative's house in May 2003 when he exchanged oral sex with the boy and tried to persuade another young boy to commit the same act, according to the trial evidence. ..more.. : by Tim McGlone. Also court decision is there.
11-3-2007 Utah: Police Blotter: Is computer-generated pornography illegal?
.What: Utah woman appeals guilty verdict after jury was told "computer-generated images" of nude minors are illegal, despite a U.S. Supreme Court ruling overturning a similar federal law.

When: Utah Supreme Court rules on October 26.

Outcome: Guilty verdict upheld.

What happened, according to court documents and other sources:

A few years ago, the U.S. Supreme Court ruled that a law banning certain computer-generated images of unclothed minors was unconstitutional. The Child Pornography Prevention Act prohibited possessing "any visual depiction" including a "computer-generated image or picture" that "appears to be, of a minor engaging in sexually explicit conduct." In its majority opinion citing the First Amendment's guarantee of freedom of speech, the court ruled: "The provision abridges the freedom to engage in a substantial amount of lawful speech. For this reason, it is overbroad and unconstitutional." That might seem pretty straightforward. Except, that is, for the justices on the Utah Supreme Court. ..more.. : by Declan McCullagh
10-31-2007 Michigan: Rep. Amos' hokum for Halloween
.If it's Oct. 31, it must be time for state Rep. Fran Amos to don her Halloween fright wig and scare the Mars Bars out of Michigan parents. Amos, who has represented her Republican Waterford district in the state House of Representatives since 2000, has made stirring up anxiety about sexual predators something of an annual Halloween ritual.

Her House Bill 5321 would prohibit parolees listed on Michigan's sex offender registry from answering the door, handing out candy, turning on outside lights or "doing anything else that would convey the impression that their residence is occupied" on Oct. 31. "If the offender turns on a light on Halloween," the Waterford lawmaker explains, "people can report them to the police."

Never a legislator to let substance stand in the way of sensation, Amos admits that she is unable to cite a single instance in which any registered sex offender has assaulted, seduced or otherwise victimized Michigan trick-or-treaters. Critics may also complain that a few thousand of the "Halloween predators" her bill targets are on parole for nothing more sinister than consorting with consenting underage peers. ..more.. : by BRIAN DICKERSON, FREE PRESS COLUMNIST


Adam Walsh Act
Public Comments to
the Proposed Guidelines

Yesterday (10-31-07) the Dep't of Justice posted the Public Comments made to the Proposed Guidelines for the Adam Walsh Act. Personally I am appalled by the condition of the files that the SMART Office (Name is very questionable) has released.

The SMART Office obviously lacks knowledge of the FEDERAL Paperwork Reduction Act (PRA), which governs not only what is submitted to federal agencies but also what federal agencies disseminate. While it will take far too much to cite every apparent violation of that Act, one is key, Public Privacy Rights as to what was submitted. Remember, the SMART Office solicited input DIRECT bypassing the normal system.

PRA requires that a federal agency notify the public when it solicits comments from the public, whether those comments will eventually be made public. As to the Proposed Guidelines the SMART Office failed to do such and therefore have violated the PRA privacy provisions as well as other provisions of PRA.

Condition of PDF files:

1) All comments submitted were printed on paper within the SMART Office. Then each sheet was scanned into the PDF files creating files so large that some folks -using telephone lines for access- will never be able to download them;

2) Whoever scanned the papers didn't even take the time to place each sheet squarely in the scanner so there are many with portions of the page cut off;

3) The scan was done in such a manner that the result in the PDF file cannot be put through a OCR (Optical Character Recognition) program preventing the public from quoting portions of comments relevant when addressing Congress as to those points;

4) There are documents within the scanned PDFs that one cannot tell what or who submitted them, as nothing is marked on the top or edge of those documents;

Should Congress want to review these comments even they would have a hard time accessing them and Congressional aides would be printing mounds of excessive papers, rendering the Paperwork Reduction Act useless.

Privacy Issues:

1) Some items have been blacked out, randomly chosen, and it appears to be e-mail addresses (selectively, some e-mail addresses are considered very private. However, the SMART Office guidelines want to make RSO's e-mail addresses public information.) however within SOME of those submissions are personal phone numbers, names and addresses, and signatures of those parties.

2) Certain e-mails, mostly from businesses, contained comments as to laws governing their use (See first e-mail in Group-6), the SMART Office completely ignored such warnings publishing them in their entirety;

3) PRA, §3506. Federal agency responsibilities:(g) With respect to privacy and security, each agency shall--(1) implement and enforce applicable policies, procedures, standards, and guidelines on privacy, confidentiality, security, disclosure and sharing of information collected or maintained by or for the agency; (2) assume responsibility and accountability for compliance with and coordinated management of sections 552 and 552a of title 5 [federal privacy rights for every citizen], the Computer Security Act of 1987 (40 U.S.C. 759 note), and related information management laws; and ...

The files: (Their Page)

None of the files have been marked as to their content which is something that could have been done. Also, notice that someone has tagged many entries, possibly that is the sequences of the PDF files: see handwritten comments.

All Comments in one file: (50megs)
Group-1 (6.7 megs 108 pgs)
Group-2 (8.16 megs 114 pgs)
Group-3 (6.95 megs 131 pgs)
Group-4 (6.53 megs 133 pgs)
Group-5 (9.4 megs 137 pgs)
Group-6 (5.44 megs 92 pgs)
Group-7 (3.15 megs 74 pgs)
Group-8 (4.3 megs 72 pgs)


eAdvocate

More to follow. I have notices two major public concerns: Retroactivity and Juveniles

In addition, from state entities, the SMART Office permitted some to enter comment after the close of the comment period.

10-29-07 UPDATE:
Murdered in the United States
11-9-2007
Now, due to more murders, these are old!

Folks will be happy to know we have completed converting the stories behind every case of a registered sex offender, or a person accused of a sex offense, that have been murdered or killed in the United States, and have entered their stories in our blog and listed them on our complete list. Now, some folks have preferred our old listing while others wanted the stories, so we have decided to keep both and tie them together.

Here is how the statistics break down:

57 registered sex offenders minding their own business murdered, 24 of them in prisons and jails;

7 registered sex offenders were involved in domestic or other incidents, and were killed;

17 people, non sex offenders, were accused of a sex offense and murdered;

9 registered sex offenders were accused of a new sex offense and were murdered;

12 people, non sex offenders, were falsely accused of sex offenses and were murdered;

3 registered sex offenders were falsely accused of a new sex offense and were murdered;

5 innocent bystanders were murdered;

1 person was murdered when they were attacking a registered sex offender's home;

1 person in prison was falsely labeled as a sex offender and was murdered.
-------
112 persons murdered in 103 incidents

Note: Our listings have been divided into Murdered in the US, and Murdered in Foreign Countries. Foreign Countries is the next project.

Our complete list is here and our blog is here. Please keep us informed of any new incidents you read about.

Thank you,
eAdvocate

Use this link to link-back to these statistics
Our thanks to readers who noticed
the new 'domestic' classification.

11-9-2007 Ohio: Groups testify against sex offender plates: Law enforcement groups, others cite fear of vigilantism, road rage and giving false sense of security.
.COLUMBUS — Ohio isn't likely to become the first state in the union to require sex offenders to have special, fluorescent green license plates on their cars or trucks. The Ohio Prosecuting Attorneys Association, Buckeye Sheriffs Association and Ohio Association of Chiefs of Police all announced their opposition to the idea, citing concerns about vigilantism, road rage and giving children a false sense of security.

Each group testified this week against a bill sponsored by Sen. Kevin Coughlin, R-Cuyahoga Falls, that would mandate the green plate for rapists and pedophiles on the sexual offender registry. Other groups opposed to the plates: the American Civil Liberties Union of Ohio and the Ohio Association of Child Caring Agencies. [[[snip]]]

The green plates would be required of people who commit certain sex crimes after the law passes. It would not be retroactive to cover the 16,260 sex offenders currently on Ohio's registry. The same idea was floated two years ago — requiring pink plates. The legislation died after making headlines. Ohio already mandates yellow plates for nearly 5,000 motorists convicted of drunken driving. ..more.. : by Laura A. Bischoff, Staff Writer
11-7-2007 Virginia: Offender Barber starts Web site: Ex-Chesterfield supervisor says it's meant as resource for those accused of crimes
.Former Chesterfield County Supervisor Edward B. Barber, who pleaded guilty to sexual assault of a teenager, has started a Web site to provide legal information to people accused of crimes.

Barber, who is now a registered sex offender, set up www.iamaccused.org this year and intends to run it as a subscription-based service.

To date, the only content on the site is a summary of the events that resulted in his December 2005 arrest on felony sex-crime charges. The rest of the site is still being developed. In late June 2006, Barber pleaded guilty to two counts of sexually assaulting his teenage stepdaughter.

He received a two-year suspended sentence, three years of probation and was required to register as a sex offender. Barber has maintained his innocence, saying he pleaded guilty to avoid incarceration.

When reached yesterday, Barber said he established the site in the spring as a business venture. "Long term, the hope here is to have a Web site for people to use as a resource," he said during a phone interview. "When I was arrested, [my wife] had nowhere to go for information about what to do." ..more.. : by JULIAN WALKER AND HOLLY PRESTIDGE, TIMES-DISPATCH STAFF WRITERS
11-5-2007 Iowa: Prosecutor: Law Meant To Protect Kids Actually Increases Risk
.Prosecutors said an Iowa law designed to keep sex offenders away from children may actually be putting children at risk. It has been two years since Iowa banned offenders from living within 2,000 feet of a school or child-care center. There's new evidence the law is pushing predators underground.

The reason, according to Pottawattamie County Attorney Matt Wilber and others, is that there are few residences in many Iowa cities and towns that are not within 2,000 feet of a school or day care. The residency law has forced most sex offenders to move out of towns, or at least to pretend to move. "That's the biggest problem," Wilber said. "They just disappear."

..more.. : by KETV.com
11-5-2007 Massachusetts: Sex Offender Registry Board Falls Short of State Law: Team 5 Investigates Exposes Unqualified People Making Crucial Decisions about Sex Offenders
.Team 5 Investigates has uncovered state workers with no experience classifying sex offenders, in violation of a state law that regulates the makeup of the board. NewsCenter 5's Sean Kelly reported Sunday that the flawed system has resulted in sex offenders being classified incorrectly.

A three-month review by Team 5 Investigates uncovered that the agency is made up of people who have landed there because of who they know, not necessarily what they know.

Former Board Member Dr. David Medoff said, "The way that the registry is being run now, the way that they're classifying sex offenders now, in my opinion and in the opinion of many others who are trained in this area actually can in some instances undermine public safety." ..more.. : by The Boston Channel.com
Oh, how blind these people are thinking residency restrictions do not affect RSOs!
11-5-2007 Texas: Sex offender restrictions left cities virtually unchanged
.City ordinances restricting where registered sex offenders can live haven't led to significant changes in how many known offenders reside in North Texas towns. Almost two dozen North Texas cities have laws prohibiting sex offenders from living within 1,000 or 2,000 feet of schools, day-care centers, parks and other places frequented by children. Several North Texas cities began adopting the restrictions more than year ago, with Mansfield and Little Elm becoming the latest to consider such measures.

Choice of where to live


Everyone in this article fails to recognize that everyone in society, except RSOs covered by a residency law, is permitted a choice of where to live.

RSOs covered by such a residency law are confined to where they currently live. How can one say they are not affected by residency laws?

eAdvocate
But the number of sex offenders living in cities where the ordinances were passed haven't changed much, The Dallas Morning News reported Sunday. And experts warn sexual abuse of children can't be stopped by just enacting an ordinance. [[[snip]]] "We don't have a great turnover," Detective Pam Mauri said. "There have been maybe four that have tried to move in and were not able to because of the ordinance."

One explanation for seeing little change: the ordinances typically don't require offenders to move if they were already living within child safety zones. [[[snip]]]

Also, sex offenders registered with law enforcement represent only a small portion of those who commit sex crimes. Only 12 percent of sex offenses are reported and of those, only 1 percent result in convictions, Taylor said. "The majority (of sex offenders) will never be affected by these ordinances," she said. ..more.. : by The Associated Press
Another blow to a portion of the Adam Walsh Act!
11-2-2007 National: Court strikes down adult social network restrictions
.Owners of social networking and sex-positive Web sites rejoiced last week when a 6th U.S. Circuit Court of Appeals panel issued a unanimous decision striking down a federal statute commonly known as "Section 2257" because it imposes an unconstitutional restriction on free speech. In a 3-0 decision on October 23, a three-judge panel – Cornelia Kennedy, Karen Nelson Moore, and David McKeague – concurred that under the Overbreadth Doctrine the statute amending Section 2257 of the Federal Recordkeeping and Label Act was unconstitutional.

Kennedy, appointed by President Jimmy Carter, found that the statute's reach was "extremely broad," that the "breadth of the recordkeeping provisions" in this statute couldn't be narrowed, and "[Section] 2257's universal age-verification requirement runs afoul of the First Amendment." Moore, appointed by President Bill Clinton, agreed with Kennedy's reasoning for the decision, adding emphasis on the statute's violation of anonymity under the First Amendment. McKeague, appointed by President Bush, partially dissented on the decision disagreeing with the application of the doctrine and believed that portions of the section could be judicially salvaged.

"We are absolutely thrilled," said Diane Duke, executive director of the Free Speech Coalition. "It's a solid decision, and it's significant."

The court's decision gives free speech and sex-positive advocates hope, but Duke cautioned that Congress and the Department of Justice have several options to challenge the court's decision. First, the government could ask all of the judges on the court to review the decision or to ask the U.S. Supreme Court to review the case. Second, because the 6th Circuit only reviews cases arising from the federal courts in Michigan, Ohio, Kentucky, and Tennessee, other states could consider the decision. Finally, Congress could rewrite the statute per the court's recommendations, removing what the judges found objectionable. ..more.. : by Heather Cassell (Court decision)
Why doesn't the U.S. have such strict penalties for vigilantism?
11-1-2007 Australia: Jail terms for outing sex offenders
.Vigilantes face prosecution if they act against sex offenders placed in the community after their sentences are up, the Queensland Government has warned. The warning, from Police and Corrective Services Minister Judy Spence, came as the state Opposition accused the Government of not fighting hard enough to keep a notorious sex offender behind bars. [[[snip]]]

This week's incident forced the government yesterday to ensure neighbours are advised before an offender is housed in their street. Ms Spence today warned against adopting vigilante attitudes. She said people who tell the media or anyone else that an offender is headed to their community will be prosecuted and face a maximum two years' imprisonment or a $7,500 fine. [[[snip]]]

Ms Spence said outing sex offenders could lead to attacks on innocent people. She referred to the case of a north Queensland woman, bashed by a group of men while out walking because she was the mother of a man accused of sex offences. "I believe it is totally irresponsible for the media and the opposition leader to encourage community members to out sex offenders and encourage community members to break the law," Ms Spence said.

"If vigilante activity is encouraged there will be law-abiding people harmed and criminalised." ..more.. : by Brisbane Times
10-31-2007 National: Is it time to get rid of the Whois directory?
.The Whois database may disappear. An Internet Corporation for Assigned Names and Numbers committee is considering a sunset proposal at its meeting this week in Los Angeles that would effectively scrap the directory system on privacy grounds. Among those arguments is that a public-by-default Whois listing may run afoul of Canadian and European Union privacy laws.

Having this debate is not a bad idea. It's about time that we rethought whether the Whois directory service--which has public contact information for domain name owners--should exist in its current form. Trademark and copyright holders, and their lobbyists, are opposing this move. They argue that a public Whois database is necessary to help track down trademark infringements, copyright infringements, and "cybersquatting."

The American Intellectual Property Law Association even went so far as to claim that "accurate and available information is essential for law enforcement in crimes" (PDF), including "hate literature, terrorism, and child pornography," ignoring that so-called hate literature is constitutionally protected in the United States. (And I wonder how many terrorists and child pornographers will tell the truth when asked for their real home address when registering a domain.) ..more.. : by Declan McCullagh
10-31-2007 National: Court Reviews Child Pornography Law
.WASHINGTON - The Supreme Court explored Tuesday whether it could limit the reach of a child pornography law so that it would not apply to legitimate creative expression, vivid adolescent imaginations or innocent e-mails with provocative headings.

The court took up a challenge to a provision of a 2003 federal law that sets a five-year mandatory prison term for promoting child porn. Opponents have said the law could apply to movies like "Traffic" or "Titanic" that depict adolescent sex.

The 11th U.S. Circuit Court of Appeals struck down the provision, saying it makes a crime out of merely talking about illegal images or possessing innocent materials that someone else might believe is pornography. ..more.. : by MARK SHERMAN
10-31-2007 National: Critics decry states’ teen sex laws
.ATLANTA - The tough Georgia law that sent Genarlow Wilson to prison for having oral sex with a fellow teenager has been watered down. But in Georgia — and in many other states — it’s still a crime for teenagers to have sex, even if they’re close in age.

Legal experts say it’s rare for prosecutors to seek charges. But, as the Wilson case illustrates, they can and sometimes do.

And the rising popularity of sex offender registries can often mean that a teen nabbed for nonviolent contact with someone a year or two younger might face the same public stigma as a dangerous sexual predator. ..more.. : by MSNBC
10-26-2007 Georgia: Court orders Wilson freed in teen sex case
.The Georgia Supreme Court on Friday ordered that Genarlow Wilson be released from prison, ruling 4-3 that his sentence for a teen sex conviction was cruel and unusual punishment.

Freedom From Registration May Be Short Lived

The court did not invalidate his case, therefore he was once convicted of a felony sex case.

Under the retroactive provisions of the Adam Walsh Act he will likely have to register for a lifetime unless the Georgia legislature enacts something crafty when they enact AWA.

This case may go a long way to getting many juvenile cases off registration. At least I see lawyers will make plenty of income using various constructions of this case.
Wilson, 21, was convicted in 2005 of having oral sex with a consenting 15-year-old girl when he was 17. He has served more than two years in prison.

Wilson's attorney, B.J. Bernstein, told CNN she is working to gain his quick release, which could come "some time today." She said she called the prison warden, who has informed Wilson.

"We've been praying for it every day," Bernstein said of the court's decision. Wilson can go free as soon as a Monroe County judge issues a new order and it is served to the attorney general and the department of corrections, she added.

"We want him home," Bernstein said. "In the end it shows this: That the courts can work, the courts do work." She added that Wilson's mother, ..more.. : by CNN
The dreaded disease "Halloweenitis" has struck some in the Michigan legislature!
10-23-2007 Michigan: Bill would bar Halloween activities for sex offenders
.State Rep. Fran Amos, R-Waterford, wants to ban any parolee who was convicted of a sex crime against a victim under 18 from all Halloween activities. Her legislation would prohibit a parolee from "participating in any way in activities traditionally conducted during the evening of Halloween, including distributing candy or other items to children." It also would ban a sex-crime parolee from leaving outside lights on or giving the impression that his or her house is occupied between 6 and 8 p.m. on Oct. 31, or any other locally designated Halloween celebration.

Halloweenitis

Apparently Rep. Fran Amos was stricken first and she is spreading Halloweenitis to other legislators. Michigan is failing because they simply do not have funds to pay for everything, and now this nonsensical bill which will waste millions in taxpayers money.

Want to see who the others are? HB-5321.

Reps. Marty Knollenberg, Paul Opsommer, David Law, Edward Gaffney, Joe Hune, Rick Jones, Glenn Steil, John Stahl, Lorence Wenke, Philip LaJoy, James Marleau, John Garfield.

I strongly advise the public to ask each and every one of them to cite ONE Michigan crime committed -ever- that this bill could have prevented?

You will get silence in return, or the usual political spin job.
Gabe Basso, legislative director for Amos, said that he is not aware of a specific incident in Michigan that prompted the proposal, but it is important because parolees are "not ready to enter society, and because they are on parole, they are still considered a threat." Co-sponsor State Rep. Rick Jones, R-Grand Ledge, a former Eaton County sheriff, said sex offenders shouldn't take part in activities involving children, such as trick-or-treating.

"In my opinion, someone who has been convicted of that should not be at a place where that is taking place," Jones said. "Pedophiles are never cured. Science has never found a cure." ( To understand Sheriff Jones, one must assume he has found a cure for other types of crime? However, if that were true Sheriff Jones would be out of a job!)

Elizabeth Arnovits, executive director of the Michigan Council on Crime and Delinquency, said the bill "is probably a good move politically," but it's unnecessary because such parolees already are ordered to stay away from activities involving children - and even that it is a "reasonably unenforceable law." ..more.. : by Gregory Herbert, Capital News Service
Not only is the world going insane, many of those teaching schools are already there!
10-22-2007 Illinois: 2nd-grader suspended for drawing of gun
.DENNIS TOWNSHIP, N.J. -- A second-grader's drawing of a stick figure shooting a gun earned him a one-day school suspension. Kyle Walker, 7, was suspended last week for violating Dennis Township Primary School's zero-tolerance policy on guns, the boy's mother, Shirley McDevitt, told The Press of Atlantic City.

Kyle gave the picture to another child on the school bus, and that child's parents complained about it to school officials, McDevitt said. Her son told her the drawing was of a water gun, she said.

A photocopy of the picture provided by McDevitt showed two stick figures with one pointing a crude-looking gun at the other, the newspaper said. What appeared to be the word "me" was written above the shooter, with another name scribbled above the other figure.

School officials declined to comment Friday. A message left at the superintendent's office Saturday was not returned. ..more.. : by Pantagraph.com
10-22-2007 Connecticut: Conn. lacks facilities to treat sex offenders
.When Attorney General Richard Blumenthal asked a state judge last week to relocate convicted serial rapist David Pollitt somewhere other than a Southbury neighborhood, he was met with one question. Where?

There are no residential placement programs in Connecticut for convicted sex offenders and transitional housing programs don’t want to take them either, New London Superior Court Judge Susan Handy said Thursday.

..more.. : by Susan Haigh THE ASSOCIATED PRESS
10-22-2007 New York: Editorial: Oneida County's sex offender law flawed
.A law approved by Oneida County legislators that focuses on the whereabouts of registered sex offenders is another example of feel-good legislation that is deeply flawed. [[[snip]]]

The law, effective Nov. 1, will make it a misdemeanor for the two highest levels of registered sex offenders to live or be within 1,500 feet of Oneida County parks, playgrounds, schools and child-care centers. Those who have already established residency are excepted from the law. While the residency law makes sense — and can be enforced — to make it illegal for sex offenders “to enter within” 1,500 feet of the specified sites is not only unenforceable, it’s ridiculous.

Given the confines of that: * A sex offender who keeps an appointment at Slocum-Dickson Medical Center on Burrstone Road would be in violation because Notre Dame Jr. Sr. High School is nearby. * A sex offender who attends a daytime activity at St. Joseph/St. Patrick’s Church in West Utica would be in violation because the Thea Bowman House day care center is next door. ..more.. : by UticaOD.com
10-21-2007 National: Report: Sexual Misconduct Plaguing U.S. Schools
.The young teacher hung his head, avoiding eye contact. Yes, he had touched a fifth-grader's breast during recess. "I guess it was just lust of the flesh," he told his boss. That got Gary C. Lindsey fired from his first teaching job in Oelwein, Iowa. But it didn't end his career. He taught for decades in Illinois and Iowa, fending off at least a half-dozen more abuse accusations.

When he finally surrendered his teaching license in 2004 — 40 years after that first little girl came forward — it wasn't a principal or a state agency that ended his career. It was one persistent victim and her parents. Lindsey's case is just a small example of a widespread problem in American schools: sexual misconduct by the very teachers who are supposed to be nurturing the nation's children.

Students in America's schools are groped. They're raped. They're pursued, seduced and think they're in love. An Associated Press investigation found more than 2,500 cases over five years in which educators were punished for actions from bizarre to sadistic.

There are 3 million public school teachers nationwide, most devoted to their work. Yet the number of abusive educators — nearly three for every school day — speaks to a much larger problem in a system that is stacked against victims. ..more.. : by Associated Press
10-21-2007 Illinois: More than 25 Illinois teachers disciplined for sex offenses
.Michael Young met a 14-year-old girl on a telephone chat line and took her to an Indiana motel to have sex. Steven Wenger used the Internet to arrange sex with a boy, but it turned out the “child” he’d had explicit online conversations with was actually a Chicago police officer.

Gerald Huddleston blindfolded three Livingston County girls, all younger than 12, and forced them into performing oral sex. All were Illinois teachers when they committed the crimes, authorities said.

They are just three of at least 25 former Illinois educators whose teaching licenses were revoked or suspended due to sexual misconduct over a five-year period. The list, compiled from 2001 to 2005, reveals a litany of loathsome acts ranging from sexual assault to child pornography, according to the Illinois State Board of Education. ..more.. : by AP
A "Thrill Killing," or are there ulterior motives for labeling this case a thrill killing?
11-14-2007 Michigan: Prosecutor: 'Thrill kill' led teens to murder, decapitate man
.In announcing the arrests of two teenagers today, Wayne County Prosecutor Kym Worthy said they stabbed Daniel G. Sorensen to death, sawed off his head and used a blow torch to burn his body simply for the thrill. "All of us have seen every type of crime available and why someone would kill for the thrill of it amazes us," Worthy said at a press conference at the Northville Township Police Department.

Sorensen, 26, of River Rouge, was found dead Thursday at the end of a yet-to-be-developed subdivision cul-de-sac in Northville Township off Ridge Road just south of Maybury State Park. His severed head was found Saturday in a section of Hines Park located in Dearborn Heights. Sorensen had owed Orlewicz "small amounts" of money that weren't a factor in the premeditated killing, Worthy said.

The men were acquaintances, but she declined to further detail their relationship. The pair killed Sorensen in a Canton Township home owned by Orlewicz's grandfather, Worthy alleged. "They lured him into a garage where a space had been prepared to kill him," Worth said. Worthy said the pair stabbed Sorensen in the back multiple times, then sawed off his head. The garage had been prepared with a tarp on the floor and cleaning supplies standing by to clean up the blood. She called the killing "bone-chilling." ..more.. : by Doug Guthrie and Darren A. Nichols / The Detroit News
Notice how these Congress persons make their decisions based on DOJ statistics, which is exactly what they refuse to do when it comes to sex offenders!
11-13-2007 National: House panel clears path for national arson registry bill
.WASHINGTON - Convicted arsonists would be required to register on a private national database, similar to the one that tracks sex offenders, under a bill a congressional subcommittee approved Tuesday.

The bill, from Rep. Mary Bono, R-Palm Springs, is moving swiftly through the House after a series of wildfires burned more than half a million acres in Southern California. Officials say arsonists ignited at least two - one in Orange County and another in Santa Clarita.

"The devastation of the recent catastrophic fires in California have called to the nation's attention the damage and destruction that fire can cause," Bono said.

Last year, five U.S. Forest Service firefighters died in the Esperanza fire near Palm Springs. Officials determined the fire was caused by arson. [[[snip]]]

In a 2004 study, the Federal Bureau of Investigation found that about 17 percent of arsonists are convicted.

Of convicted arsonists, more than half were arrested again within three years of being released from prison for arson or other crimes, according to a 2003 Justice Department analysis. Opponents of the bill say the registry would violate civil rights. ..more.. : by MyDesert.com
How smart are Arizona legislators (Internet Illiterats)? The one who presented this bill (soon to be a law) isn't Internet competent?
11-9-2007 Arizona: Will new law protect kids from pedophiles?
.Computers are the perfect place for pedophiles to hang out looking for kids. The pedophiles know that, parents know it and cops know it. So, 3 On Your Side has been exploring a new state law that is supposed to protect your children when they surf the Net.

These lawmakers have not even considered that e-mail addresses go dormant and are reissued to another person within a year or so.

The net effect will be they will arrest the RSO and he will not know what they are talking about. Those who issue a e-mail address do not notify the person they issued it to when they reissue it.

Would anyone in the public allow lawmakers to perform brain surgery on them? No, because lawmakers are not qualified brain surgeons. They also are not qualified on Internet issues.

They totally rely on it sounds good, fools in positions of power!

What is going to happen is, SWAT teams will be lining up at a RSOs door and he will not know whats going on. There are many other issues about Internet IDs which have not been considered either. Lawmaker chaos reigns!
How pedophiles target your kids The law takes effect in less than two months, but will it work? [[[snip]]] To help Kinnerup and other Arizona parents protect children online, state Rep. Bob Robson sponsored a bill that actually becomes law in January.

It will require convicted sex offenders to cough up all their personal computer information like all of their e-mail addresses and other accounts like MySpace pages they might have. That information is then provided to the public. "With the Internet, in today's environment, now people can prey on innocent children," Robson said.

What this means is that parents like Kinnerup will be able to check out suspicious e-mails or MySpace messages that their kids receive by plugging the information into the Arizona Department of Public Safety's Web site. DPS is in charge of keeping tabs on sex offenders.

If an e-mail address, for example, comes back to a convicted sex offender, Kinnerup will know. [[[snip]]]

DPS says they've already had 50 percent of sex offenders register their computer information with them. If you search someone's e-mail address and get a hit, you won't be able to see who that sex offender is, but DPS says they'll be notified electronically. ..more.. : by Bart Treece
11-9-2007 Texas: Criminal appeals court creates emergency filing system: New Texas system follows recent appeal that went unheard
.The Texas Court of Criminal Appeals created an emergency e-mail filing system Tuesday, hoping to avoid a repeat of an execution process that has raised national alarm. For more than a month, Presiding Judge Sharon Keller has faced withering criticism and national attention for her decision not to keep the court open for an extra 20 to 30 minutes to review an emergency death penalty appeal.

"It's about time" the court provided an e-mail filing system for such contingencies, said James C. Harrington, executive director of the Texas Civil Rights Project. "It certainly goes a long way towards solving the problem." The problem stemmed from a Sept. 25 appeal for inmate Michael Richard. Defense lawyers called the clerk's office shortly before 5 p.m. to say they had suffered computer problems and asked the court to remain open so they could hand-deliver the appeal, as required.

That morning, the U.S. Supreme Court had announced that it would hear a case on whether ingredients in a lethal injection might induce suffering that could be considered cruel and unusual punishment. The Texas defense lawyers were rushing to submit a new appeal based on the lethal injection question. Judge Keller was consulted and replied that the clerk's office closes at 5 p.m. She did not inform the judge who was assigned to the case, who was working in her office, awaiting the possible appeal.

Higher courts refused to hear the appeal because it had not been reviewed first by the Court of Criminal Appeals. Mr. Richard was executed. ..more.. : by CHRISTY HOPPE
11-7-2007 Michigan: ‘One size fits all’ not applicable to sex offenders
.We Americans are used to having the right to live wherever we want. If you can afford to live in a community or neighborhood, welcome to the block. That is unless you’re a sex offender. And with a proliferation of laws, whole cities are becoming off limits to offenders on sex offender lists.

Most of the laws specify that registered offenders not live within a set distance from a school or a park where children congregate. In the case of California, it’s 2,000 feet. California law also specifies that when paroled, you have to live in the county of your last legal residence.

Say your last legal residence was San Francisco. Too bad — no homes in the city are farther than 2,000 feet from a park or school. Parolees are getting around it by saying they are homeless, so they have no “address.” And, police say, that makes them harder to track, and not easier. In one Midwest city, paroled offenders were living in ratty motels on the outside of the town, because they couldn’t find housing outside the prescribed distance.

Michigan is part of the typical 1,000-foot rule, where offenders can’t live, work or loiter within 1,000 feet of the “student safety zone” around school property. Which is troubling, because those on the sex registry are anything but “one size fits all.” ..more.. : by Kendall P. Stanley News-Review editor
Why is it so frequently, Florida, that has such heinous crimes? Notice also how the reporter sidesteps the fact that Florida does not provide therapy to those in prison while they are there!
11-6-2007 Florida: Rapist-killer is poster boy for death penalty
.Real doubts gnaw away at our rationale for the death penalty. Irrefutable DNA evidence has undone too many cases based on faulty eyewitness testimony or lying jailhouse snitches or false confessions bullied out of suspects after hours of interrogation.

Extrapolate those finding against the majority of cases without DNA evidence and it's hard not to conclude that innocents reside among the 375 men on Florida's Death Row. Mark Dean Schwab is not among them.

Death-penalty opponents have suffered a heinous draw. The next killer up for lethal injection, 16 years after his crime shocked Florida, remains among the state's most despised, least sympathetic criminals. No doubts ever clouded this conviction. Six weeks after the convicted child-rapist was released from prison, Schwab kidnapped, raped and strangled an 11-year-old boy.

The public outrage spawned state laws that lengthened prison terms for child-predators, tightened early-release programs and invoke ever more severe residential limitations for sex criminals. Sex offenders forced to live in their cars or under the Julia Tuttle Causeway can thank Mark Dean Schwab, in part, for their predicament. ..more.. : by FRED GRIMM

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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