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January 18, 2008 Leave a comment Go to comments

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  1. July 5, 2008 at 8:14 pm

    Regarding your blog on: Another federal district judge finds SORNA unconstitutional

    Do you have a link to that 44 page ruling that you could point me?

    Have you also kept a record of lower court rulings against portions of title 1 of the AWA?

  2. July 6, 2008 at 4:32 pm

    More information about this ruling and a link to the judge’s decision can be seen here:
    http://sentencing.typepad.com/sentencing_law_and_policy/2008/06/more-on-the-way.html
    Download ruling here:
    http://sentencing.typepad.com/sentencing_law_and_policy/files/waybright_awa_ruling.pdf

  3. Tracy Carman
    September 11, 2008 at 2:34 pm

    The Associated Press

    Wed, Sep 10, 2008 (5:06 p.m.)

    A federal judge issued a permanent injunction Wednesday that bars the state of Nevada from applying two new sex offender laws retroactively.

    U.S. District Judge James Mahan said the laws, as applied to 12 sex offenders represented by the American Civil Liberties Union of Nevada, are unconstitutional.

    Mahan declined to rule on whether the new laws, which change the way Nevada classifies sex offenders, may be applied to those convicted of sex offenses in the future.

    The ACLU of Nevada said the new laws, AB579 and SB471, drastically altered the way in which Nevada deals with sex offenders.

    “Regardless of whether their crimes even involved children, sex offenders who committed even misdemeanors with any sexual element since July 1, 1956, would have fallen within the purview of registration and some notification provisions,” the ACLU said.

    Many rehabilitated, low-risk offenders would have retroactively become high-risk offenders “subject to widespread community notification, which in turn would have meant that they and their families faced social ostracism, losing their jobs, and even possible vigilante violence,” the ACLU said.

    “Judge Mahan’s ruling makes very clear that the Constitution applies to everybody,” ACLU attorney Maggie McLetchie said. “What this case is really about is a limit on the powers of government.”

    Deputy Attorney General Binu Palal, who had argued for the retroactive application of the laws, said after Mahan’s decision that the state respected the ruling, adding, “We will review our options after we see the order.”

    The federal judge’s decision follows the Nevada Supreme Court’s recent decision not to rule on the constitutionality of AB579, which states that teenage sex offenders can be punished as adults.

    The state high court dismissed appeals of Clark County prosecutors who argued in 21 cases that the youths, who were 14 years old and older and had committed sexual acts, had to register as sex offenders.

    Prosecutors appealed after Clark County Family Court Judge William Voy held that part of the 2007 law was invalid. He said there was no rational basis for setting the age at 14. Voy added that some youngsters who are younger than 14 are just as disposed to committing another sex crime and the law takes away the discretion of the courts.

    The 2007 Legislature patterned AB579, after the 2006 federal Adam Walsh Act that included many teenage sex offenders age 14 and older with adults in requirements for sex offender registration and community notification.

    The federal law, named for a six-year-old who was abducted from a Florida shopping mall in 1981 and later found slain, cut off certain grant funds to states unless they included in their registries juveniles who committed sex offenses when they were as young as 14.

  4. Tracy Carman
    October 22, 2008 at 4:34 pm

    In most States convicted felons are not allowed to vote, but are still required to pay taxes. Is this not “taxation without representation?” If S O were allowed to vote you would see a big difference in the laws that get passed, but since they have no voice in their Government, neither do they have any rights or representation. Thank you!

    • Bill Rodgers
      May 20, 2010 at 4:44 pm

      Most convicted felons DO have family members. They vote, and must be enlisted in the fight for justice.

  5. chris bodyke
    November 20, 2008 at 4:00 pm

    Thank you

  6. March 30, 2009 at 1:31 am

    Someone said:”This bill (International Megan’s Law) effectively prohibits anyone with a sex offense in their history, from traveling to another country, for pleasure, tourism or business. We must contact these elected officials to tell them to STOP these ever-increasing sex offender laws, which are piling one upon another.”

    So why would they listen to us?

    • March 30, 2009 at 1:07 pm

      Elected officials work for US ! That Congressman or Senator, is the employee of you and me ! We have got to cast away the myth that these elected officials are above us in some way. They owe their positions to the voting citizens and they are our public “servants”. This is how it was created within the Constitution. If we, the people do not like the job these people do, we can fire them (i.e. vote them out of office).

  7. March 30, 2009 at 7:29 pm

    I can’t vote. So how do I “fire” them?

  8. Anthony J. Rabquer
    September 17, 2009 at 12:59 pm

    Here I am to help, only if I can.

    • September 18, 2009 at 12:12 am

      Anthony,

      You wrote “Here I am to help, only if I can.”

      Does that mean you are offering to help in this fight? If so, there are many things you can do. Many are listed on the About Us page. And contacting RSOLOhio at http://ohiorsol.wordpress.com can connect you with the Ohio organizers who are active in working all over the state of Ohio. If you live in other states, RSOL National has a link from that page as well where you can find your state organizer. If you have additional questions, you can contact me at constitutionalfights@yahoo.com

  9. David M
    October 7, 2009 at 10:19 am

    How may I help and be proactive in this cause?

    Answer:
    There are many things you can do to help in this fight; and they range from legal action down to working online to help educate others. Throughout this blog we discuss ways anyone can help battle these unconstitutional laws. In many instances we give contact information to legislators throughout the country who are passing laws like these. We also urge all readers to post comments on news and blog webpages to refute the many postings out there which are either false, misleading or outrageous. Be sure to cite sources of data/fact/information like ours and stay away from emotional arguments, but rather state factual information. I encourage all readers to contact their legislators ( federal and state and local) to express opposition to these continued branding laws. Others seek to collect petitions door-to-door to present to legislators. Legally , every family of any ex- sex offender should be contesting these re-classification and life-long registration laws in the courts. Some state representatives will have local contacts who will actually speak to you (since the legislators never will) and some legislators have hours or days when they are in the local areas where you can meet and talk with them. Some people are printing out business cards or flyers to distribute in their local communities which bring this issue to more eyes (we have flyer samples posted on our yahoo group). Remember that most people are very ignorant about these laws and about what a sex offender is. Even the media does not know the difference between a sex predator and a sex offender. So it is important simply to educate others and bring the issue to the forefront. Most citizens do not even know that this law exists. So there are so many ways to get involved and many which I have not yet thought of. So yes! Join the fight. The more citizens who are willing to join this fight, the greater our chances of prevailing. But if most of us sit on the sidelines, we will lose. Remember there are some 600,000 sex offenders in this country and that number is growing fast. Add the family members of those people and our numbers are very large, indeed. We can make a difference to change these abhorrent laws, but only if we fight in large numbers. You can also contact your state group, which is fighting with your state against these laws. Check RSOL, OhioRSOL, or SOSEN to find the group in your state on our “Important Links” page.

  10. JH Beeson
    October 7, 2009 at 4:40 pm

    I am in support of your Constitutional Battle. I am located in Mt. Pleasant
    S.C.. The laws here are similar to Ohio. I have to register twice a year
    for life. My crime was 1986 and now I am being punished all over again.

  11. Bob
    October 7, 2009 at 7:52 pm

    I like how people are just now jumping on the bandwagon to fight this unconstitutional law now that their oxen are being gored.
    Where were all you brave soldiers when we on the front lines were being abused by these cruel and unusual punishments?
    No doubt leading the cheering to further punish we “monsters”.

    Not until lots more *ex offenders are caught up in this snare, and not until some of the ruling class is caught up in it, will anything change.

  12. October 28, 2009 at 3:45 am

    I am filing a Declaratory Judgment against the AG, Eric Holder, et al. To read the complaint in full, online, go to http://soadvocate.webs.com – My goal is to be removed–or be granted injunctive relief–from the SORNA and Arizona Sex Offender Registration and Notification requirement. Just thought I’d share my hard work with the nation. I’m going pro se against the “big boys”, so wish me luck!

    • Phil M
      November 30, 2009 at 2:54 pm

      You think your case is bad. I plead guilty and was convicted of Lewd and Lascivious Acts Non Dangerous/Non Repetitive in 1983 in Cochise County (Bisbee) Arizona. In 1986 when I was released from DOC I was told that I had to register as a condition of my release only. After I was discharged I was never told that I had to do any thing else. I lived in Phoenix where I got married and raised a family until 1998 when we moved to Alabama. For the next ten years nothing was ever said, that’s over twenty years that there were no notifications, no questions nothing, until last year when some one in the SOR of DPS sent a letter to Cullman County Alabama stating that I was required to register as a sex offender. and if I didn’t I would be guilty of a Class C Feloney. I went along with their program for over a year. Thery sent out notifications to every house with in a half mile of me. They issued me a new CDL that says Criminal Sex Offender in bright red letters on it. And I’ve had to put up with the Sheriff coming by my house every month to make sure I still live here. Then in September they arrested me for violating the C.N.A because my Grandson lived in my house something the sheriffs office knew from day one. So now I’m out on bond for a class c feloney. Now during the course of all this in the past couple of weeks. I discover that the offense I was convicted of in Arizona (ARS 13-1412) was repealed and signed by the Govoner in 2001 and that a Letter of Opinion was sent to DPS by the Attorney General on 12/18/2000 Telling DPS that persons who had been convicted under ARS 13-1412 No longer were required to register. But yet someone at DPS took it upon them self in 2008 to tell the State of Alabama otherwise. So here I am out on bond facing trial for violating and act that I’m not required to abide by. So how many of my rights have been violated??? And what recourse do I have? I’ve got a court appointed lawyer here and cannot afford to hire one in Arizona, so where does that leave me???

      • Worn Out Victim
        February 23, 2010 at 2:39 pm

        Phil, I feel for your valuable life and for the fact that, yes, your rights ARE being repeatedly and criminally violated. Constitutionally you should not have to suffer the overwhelmingly painful & inhuman PUNISHMENT ~(yes it IS punishment) of ‘registration’ if you were not sentenced to it originally. It is just how the Constitution is deliberately construed, and a judges fear of community ratings, that determines ones life ~ when the Constitution is in black `n white and was never intended to be used to a particular persons (arrogant judges, dishonest/greedy DAs, etc.) unscrupulous motives. Please do not feel that you did anything wrong to suddenly have to ‘register’ ~ it is your criminally operated ‘system’ whom are breaking the laws, not you. Good God! You have every right to be a proud Father and to raise your children without illegal govt intrusion into personal lives (also highly against the Constitution). Ask the Courts how you are supposed to raise your child/grandchild like EVERYONE else being that you have the SAME responsibilities like every other responsible, law-abiding/non-criminally motivated PARENT. If I were in your area I might try personally appealing to civil rights clubs at local colleges (?), the ACLU, your governor, and try to find some unbiased (yea right) News reporters to effectively exploit how you are being criminally violated by those that you are supposed to trust your life and your childrens lives to, and that only they (the criminally/unnecessary hate motivated ‘system’) being the ones whom are commiting the bonified CRIMINAL acts against good/responsible law-abiding families. (And STOP calling yourself an ‘OFFENDER’!) Label yourself as what you ‘really’ are especially when talking with social clubs, civil rights advocates, politicians, and the Courts. Finally, (this goes for everyone) DO NOT be talked into being an ‘honourable’ jew (like during 1940-1945 with all due respect) to obey and report right to the Consentration Camps for the Nazis! Those innocent jews, and you, had/have NO ‘responsibility’ or ‘civil obligation’ to support this Nazi-like regime nor it’s Consentration Camp like programmes. You DO however have every right as anyone else according the Constitution. The illegal laws forbidding this fairness are not supposed to be supported by anyone in America (they are supposed to be null/voided with never-ending criminal charges brought up against the conspirators) ~but they criminally are supported at the moment.

      • Worn Out Victim
        April 7, 2010 at 4:06 pm

        Phil, how is your wrongful case going now? I may like to use your text to help convince a foreign government to let me have asylum in their country before I am forced to commit suicide being stranded in a 3rd world country because of the illegally & criminally organized uSA.

  13. noman
    October 28, 2009 at 10:08 am

    “Offenders of minor, non-violent exploitation laws should not have to be deprived of life and liberty or be punished [twice] for an offense they already served time for.”

    With the stroke of a pen, I and millions like me who accepted a plea deal for a non-violent offense, were instantly turned into VIOLENT SEX OFFENDERS overnight!
    Now comes folks like this guy petitioning SCOTUS for relief, but leaving a large percentage of the SO community out because of some frickin’ words!

    (Noman: I would ask you to specify what overnight ruling you referring to please. And also what do you mean by “because of some words?” I would like to make your comment understandable to all.. Thanks)

  14. October 30, 2009 at 12:13 am

    I couldn’t make much sense out of post #13 either, so clarity would be appreciated. I am pleading to the Ninth Circuit and local authorities along with the US AG (SORNA) for injunctive or declaratory relief. b)As for “…but leaving a large percentage….” I leave no man astray or “out”. A complaint to the court for redress of grievances is a right for each man/woman to go at on their own. I can’t fight your battle. I too was ‘stiffed’ by a hot headed prosecutor that had a plea (charge bargain) for me to sign, so words are only what you make them and nothing happens ‘over night’.
    In general)It may take me years to present my case to a judge that recognizes the ambiguities in the SO registration requirements. It took me four years to write the suit and now I’m starting to see many more being presented. NV and FL have issued injunctions for several cases and have taken those men off of the reg/noti requirement for those states until the time that the court can figure out if SORNA and other state requirements are constitutional. Remeber there are state constitutions as well as the US Constitution that a judge must considered so include the state in all pleadings of such.

  15. Jeff Harrison
    November 17, 2009 at 2:49 pm

    I feel that I have wrongfully been classified as sex Ofeender was convicted in 1993 of misdemeaner charge of sexual assault in the fourth degree and now paying, after state reviewed my case, now paying the price for feloney third degree sexual assault.

    • Henry
      November 17, 2009 at 10:24 pm

      Labeling people of any form is UN-Christian like. If a person has paid
      their debt to society. They should have 100% of their rights returned,
      record expunged. Back in the days of the wild west a cowboy came out of
      prison they had their guns returned,horse & saddle,1 silver dollar.
      The End

  16. joseph
    November 19, 2009 at 5:28 pm

    Your site has been instrumental in providing research, statistics, commentary, evidence, court cases and other info that I used to fight a sex offender ban from parks, beaches, schools, etc. in Greenwich, CT in 2009. I learned how RSOs have not forfeited Constitutional protections and rights, the registries and array of sex offender laws are ineffective, punitive and counterproductive, but most importantly your site has provided a source for HOPE and CHANGE. The proponents of the ban included 4 police officers including the chief of police, the 3 selectmen (mayor), two town attorneys and a community activist. I addressed 3 town advisory committees consisting of 36 members with your references in which they eventually did not endorse the ordinance. As of November 2009, this ordinance has been postponed indefinitely due to questions of constitutionality, ineffectiveness to achieving its intended goal, and lawsuits. Nothing I had presented was to be construed for lessening punishment for sex crimes but providing the legislators with the truth.

    I admit it wasn’t easy to stick my neck out there. But I realize that that the constitution, compassion and the truth is on our side. Yes, there have been despicable and heinous crimes committed by RSOs but there are also comparable crimes perpetrated by others. Shaming, ostracizing, harassment, homelessness, joblessness and banishment has never been a solution to a problem and will never be. Stability, successful reintegration, treatment and redemption is what reduces recidivism and reoffenses not just for the RSO but for ALL ex-criminals.

    KEEP UP THE AWESOME SITE. THANK YOU.

    constitutionalfights.org reponse:
    Amen, Thank God, and Hallelujah! – That is the best news I have heard in a long time ! Thank you for sharing this with us. It encourages us, our cause and many others who may follow your courage.

    By the way, do you have a link to the case online which we can post?

  17. David
    December 1, 2009 at 7:01 pm

    re: OH Senate Wants Tougher SORN Registration Law

    The more the General Assembly applies punitive laws is that much more ammunition the Supreme Court has to render a unconstitutional opinion.

  18. concerned citizen
    January 27, 2010 at 1:28 pm

    It is very sad that sex offenders are being persecuted because of this law. I can’t beleive that we as a nation can find this constituionally right to basically re-try an individual for the same crime. If we do this we are giving away our rights under the constitution.. Look at the Patriot Act, we are so blind to see our freedoms are being taken away! Wake up people take a stand! It is our right to know if a sex offender lives next door, but we dont have the right to know if a murderer or armed robber lives next door! So who is right here? I feel we need to know about all crimes committed that are violent and especially if we live near them. For all we know the next door neighbor is a violent psychopath who killed his entire family or friends. Who is to say he wont do it again? I am very sorry for Adam Walsh and Megan Kanka and Jessica Lunsford, but the sad truth is where, where were the parents? It is just as much as their responsibility to keep up with there children and know where they are at all times.. I am a mother of 3 children and they do not go anywhere without me! This world is a crazy place and we as parents have slacked off when it comes to the safety of our children! We are to blame for the crisis we are facing. If the Adam Walsh act passes we are just as bad as the Nazi party! This law is unconstitutional. We do not re-convict murderers for the same crime, so why re-convict sex offenders for the same crime ? Wake up people, we are throwing away our rights as American Citizens in the name of Justice.. I feel ashamed to live in this country that we call Land of the Free..

    CF.org: Just a note of clarification to make sure everyone understands: The Adam Walsh Act did “pass” in 2006, and is federal law. Ohio is the only state, so far to enact this federal legislation. Other states are trying to mold their laws to conform, and many states are very close to satisfying the AWA provisions but have not yet been deemed as “conforming” to the Act. The US Government is blackmailing states with funding in order to force each state to enact the legislation

  19. Robert
    February 17, 2010 at 12:38 pm

    I need help determining if I can get off the WV sex offender registry. My plea bargain said I had to register for 10 years, 10 years are up, and I am now being told I have to register for life, can someone help me? Provide me with legal help? Thank you.

    Robert,
    It sounds like WV is installing the Adam Walsh Act, but we are not familiar with the laws in West Virginia so I recommend you contact the RSOL State Representative in West Virginia. State Affiliates can be found here: http://www.reformsexoffenderlaws.org/groups/index.php

    As a side-note to every reader of this blog: this is typical of what we see. No one seems to care, get involved or join the fight until one morning they wake to find out that they are now caught in this net of the Adam Walsh Act. Only when we get larger numbers of registered sex offenders, their families, friends and level-headed members of the public actively involved will we force changes in these laws. Everyone must get actively involved (donating, writing letters, calling legislators, joining state groups, writing online blogs and responses to news articles, filing legal challenges, ect..)
    -CF.org

    • Worn Out Victim
      February 23, 2010 at 1:49 pm

      Robert, it sounds that they are going against their own legal plea bargain ‘contract’ by illegally changing legal items on it without your consent (re: registration). (over 20 years ago I was specifically told if I took the ‘easy’ way out I would NOT have to register ~ which was an effective ‘bargaining’ tool at the time) Logically, by this, (for you) it should open the door to take your original case back to court to fight it only because they illegally re-niged(spelling?) your legal contract. Please dont think you have done anything wrong to ‘deserve’ that registration hatred and illegal banishment ~ your ‘system’ broke the law, not you! Hey, we should make those who conspire to break the Constitution to register for life (after they serve their lengthy deserved PRISON sentence)!

  20. Worn Out Victim
    February 18, 2010 at 4:50 pm

    Dear members, please pardon if this is not appropriate topic for this forum ~ please kindly advise me otherwise. I am emailing in hopes of swiftly seeing any practical advice based on my grim and dire situation.

    I became a typical victim of the US opportunistic ‘Legal system’ over 20 years ago. Before I learned I was not breakiny any law back then (I was told to trust ‘public’ representation) I was subtly brainwashed that if I ‘plead out’ it will be ‘quick and easy’ and was made part of the ‘deal’ that I will NOT have to ‘register’, and most importantly at that time I would not have had to endure the Media Circus damaging my good reputation in my community if I took my case to trial 20 years ago.

    Now, over 20 years later I am violently, hatefully, defamingly, shockingly, grimly informed (right in front of my children, and again hatefully in the school where I teach while being illegally hand-cuffed with no arrest warrant) that I must suddenly ‘register’ and be labled some dangerous perennial ‘offender’ (and suddenly be forced to permanently give up my very well-paying dream job, be forced out of my dream waterfront condo, suddenly give up my private boat dock, *be forced to suddenly live under any Bridge on a so-called ‘offender-safe’ list or similar inhumane ‘offender safe’ list, suddently I will ALWAYS subject to multiple Felony arrests if I were to pick up my own children from school or take my children to Park like all other responsible parents can, I suddenly can never take my children to any public place or event such as a parade, a lake, the beach, or even the lower-class places like walmart or mcdonalds, and countless other places my children & I have the Right to go, suddenly I must wear a brightly coloured and painfully defaming ‘dangerous offender’ Vest if I were to ever go inside and apply for public assistance at social services or ‘welfare’ office which I have NEVER, EVER entertained in my life, suddenly I would have to always go out of my way to appear at police stations and regularly be abusively handcuffed anywhere I go (instead of being with my children to support them) to constantly ‘register’ and be very traumatically talked down to like some irresponsible animal, suddenly only after 20 years my own son’s Scout Troop will be told by police to fabricate hateful ‘dangerous offender’ picture posters and place them all around where my children and I go to, suddenly I can never work most anywhere because most any Company’s insurance will no longer cover a so-called ‘offender’, suddenly I can no longer pay my credit bills that I have NEVER been late on and have now had to completely default on all of them, suddenly I can never apply for any loan, cannot re-new a boat license because I am suddenly not allowed on any public waterway, etc., etc., etc., etc., etc… And if I do not register (or if I am late by 10 minutes) I will serve a minimum of 15 years state, AND 10 years federal, consecutively (25 years without parole!!??) I have not commited any registerable crime (nor ANY crime in my life) and I have successfully fought off registration twice costing me everything for the first 15 years after my wrongful arrest over 20 years ago.

    I was very, very narrowly talked out of suicide by an old aquaintance who heard of my bizarre (but now common) situation. I (legally) fled the Constitution ignoring, illegally oppressive US with almost no money after becomming a victim of violent crimes while being forced to be in a dangerous area trying to defend my rights regarding this issue before I fled. I tried to enter the US twice to acquire a few belongings since I left but I was illegally refused normal entry, but was instead severely abused and painfully traumatised by the so-called (illiterate, tattooed, 3rd grade english, jr. high mannerism) new age of ‘border officers’. Even though I’m technically a US citizen I, apparently, no longer have a home country either (!) This particular offence at the Border is prompting international civil and human rights quiries.

    To make matters even worse I’ve now come to find out that US ‘public record’ regarding me has suddenly changed from innocuous recorded statements affording me a decent life, to nowadays: a ’scary butchershop’ of new false grisly horrific details (which seemed to never listed there before) having nothing to do with reality of my life (listing very terrible things that I NEVER ‘plead’ guilty to or was convicted of), and this public record seems to get worse (added to) throughout time ~ for which I am now afraid to apply for Asylum to any other livable country because of that new highly deceiving and erroneous record of me may be believed as true by most(?) other governments.

    As an alternative to suicide I am now exiled on a very dangerous, and very poor island near South America where I can no longer support myself. Now I am financially broke, VERY hungry, physicall sick and mentally traunatised, and seriously contemplating suicide again.

    1. What can an almost 50 year old responsible law-abiding person do now besides suicide (in this situation)?
    2. WHERE (what prosperous countries) can an unusually ambitious, (but severely traumatised), highly regarded person legally go to now and safely live his/her life and still be productive and have a fruitful life including persueing my lifelong plans of protecting my children and I from this illegal american nonsense/hysteria? I’ve already starting visiting European embassys and things look really grim with many of their new immigration and new entry ‘point-system’ laws. I cannot adapt where I am at here. I will die here..

    PLEASE reply with ANY hopeful advice or a better forum for this discussion.
    ————————————————
    Although our blogs are not forums to carry on discussions, we can recommend a couple of possible sources. Although your story is not uncommon, it can serve as a testimony to others:

    RSOL forum http://www.rsolcc.org/forum/index.php
    SOSEN forum http://sosen.stormnow.net/

    -CF.org

  21. Lou
    February 24, 2010 at 5:30 pm

    Hi all,
    I have stumbled across this site and am very interested in it, as I am presently fighting the State of New York on this registry issue. My issue took place in 1983, I took a plea bargain on a rape charge, the girl was 18 and a detectives daughter, I picked her up while she was hitch hiking and when she demanded money I threw her out of the car and then I was arrested and so forth.
    I served 5 years, made my first parole, was out in 1987, and left NYS in 1992 with the blessing of the Parole Board, with instructions that I need not do anything since I was out of the state and as long as I stayed out of trouble I would have no issues with them.
    In 2005, I was deemed a level 3, severe threat to the community, and after a hearing I was lowered to a level 1, least risk to the community. I asked if there was anything else I had to do, the court and D.A. both said no.
    I went back to another state thinking this was all behind me, because the 10 year registration was to end in 2006.
    NYS amended that initial Doe V. Pataki decision and extended the registration another 10 years.
    In Nov. 2008 I was notified that a warrant was out for me for failure to notify NYSSORA of a change of address. NYS had used an address that I had in 1992 on the warrant.
    I was mortified, I panicked and contacted a high priced attorney, two days later I was in his office on a Saturday, handed him a $7500.00 retainer to clear the warrant to defend me from thisregistration issue.
    In the meantime I filed a petition pursuant Section 168-o(2) for relief and or modification of my level 1 classification and using the decision in Woe v Spitzer, Aug 2008, whereby the judge stated that all offenders had a statutory right to ask for a hearing for relief and or modification, as to level 1 offenders any relief or modification would logically relieve them of any duty or responsibility to register.
    After 6 months, 45 days before the hearing, my attorney had sent two letters and made some phone calls. I then contacted an attorney in NYS and in 30 days he got the warrant vacated for $1,000.00
    I requested that he refund me $6000.00 figuring 2 letters and some phone calls would cost that. He replied by sending me a bill for time and service totaling over $8500.00 charging me for the “free” initial consultation and the 4 times he asked me to come to his office, listen to his family issues, and give him papers I gave him on that first Saturday visit.
    I have again requested the refund and also stated that I was prepared to report this to the State Court Disciplinary Board, the State Bar Fee resolution committe and the State Board of Ethics, as well as small claims court, I am awaiting his response.
    Back at the hearing the judge determined that there was no provision as to any relief to level 1 offenders, and denied me the hearing, appointment of counsel and to proceed as a poor person.
    I then appealed that decision to the Supreme Court Second Judicial Dept. Appeals Court, they affirmed.
    I have requested that they reconsider and vacate their decision attaching the Woe v. Spitzer and a copy of Section 168-o(2) to that appeal, other grounds are equal protection, expost facto, statutory protected liberty rights infringments, etc.
    For the record, During 1992 and 2008, I was not reporting, not in contact nor required to report to any agency. I traveled across many states without asking anyones permission, California, Alaska, canada, Florida, to name some jurisdictions, voted and established a professionally licensed insurance business, family and productive life.
    I was even responsible for getting the boots for the cadaevor dogs during the world trade center disaster, to protect their feet from the glass and metal.
    because of the registry I had to give up my license, my business and am as of this date now on welfare! My instant offense took place almost 30 years ago, with no contact afterwards with any authorities for anything more then a parking ticket.
    So here I am today my retirement funds are exhausted and I am now on welfare.
    But I am really made so mad actually that i would not report anything to any law enforcement agency to help them.
    I am always looking for ways to attack this wretched registry law and here is the latest Court decision declaring parts of the SORA illegal.
    http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2010/h033992.html
    People v. Travella (2010) , Cal.App.4th
    [No. H033992. Sixth Dist. Feb. 23, 2010.]
    The issue that I have is simple, I am not an attorney and always come up against D.A.’s who know the law and filing procedures, why are there not any sites that spell out appeal procedures or issues to people like me so they can try and fight these laws?
    Thanks for all of your time.
    ————————-
    Great question, but of course no one wants to help sex offenders and the legal profession is self-interested, for the most part. There are a few organizations like ACLU and Ohio Justice & Policy Institute which fight on behalf of offenders but otherwise, we must all work together and fight to the best of our ability. While our justice system is perverted and intentionally complex to discourage this, it is possible to appeal on your own. We have posted a few articles on how to appeal retro-active AWA laws in your county and state. (Key terms: appeal, complaint, file, pro se).
    -CF.org

    • Worn Out Victim
      April 7, 2010 at 2:50 pm

      Lou, I am sorry to hear of your situation similar to mine. I had to leave the country to not `have to live under a bridge` for the rest of my life in the US and give up my teaching job and `give` my children away to foster after a 20+ year old case NOT requiring me to EVER register. I would like to use your text in online international human rights violation forums if I may. I am desperately trying to `defect` from the socialist rep. `o uSA and apply for asylum based on our victimizations. wornoutvictim(at)yahoo

  22. Worn Out Victim
    April 7, 2010 at 3:03 pm

    Can someone please tell me the most appropriate forums for expat advice based on our wrongful situations? I am still desperately seeking other liveable countries to permanently live, prosper, and raise a family in. Right now I am in a depressing 3rd world country where I have discovered whites are vehemently hated and think `obama` is their `president’. Someone please reply ~ thank you highly

  23. SARAH
    May 10, 2010 at 11:56 am

    #REGARDING OHIO SEX OFFENDER SWEEP BY US MARSHALL# Sspoke with a US Marshall in Ohio, I was informed that they have the right to do whatever they want according to the AWA. Please alert your readers.

  24. May 20, 2010 at 1:29 pm

    The Ohio Supreme Court issued an interesting decision on related issues today: http://www.fssp-law.com/index.php/2010/05/20/ohio-supreme-court-tips-hand-on-sex-offender-classification-law/
    ——————————-
    Jeff,
    Thank you for passing this along. We will post it today.

  25. Tom
    May 29, 2010 at 10:39 pm

    may want to add this to research links

    http://hrw.org/reports/2007/us0907/

    No easy answers.

    This report details evidence of the harm caused to people subject to this country’s various sex offender laws, including the Adam Walsh Act. The report focuses on registration requirements but also contains information that could be useful in challenging several aspects of the Act. Part IV of the report contains recidivism statistics that are particularly valuable to attorneys challenging 4248 civil commitment proceedings.
    —————————————————-
    Thanks. We posted this paper here, long ago:
    https://constitutionalfights.wordpress.com/2008/04/14/no-easy-answers/

    -CF.org

  26. Robert
    June 1, 2010 at 1:35 am

    STOP THE PASSAGE OF INTERNATIONAL MEGANS LAW!

    If you are serious about stopping the passage of the International Megans Law, do your part. Email, Fax, Write, Call New Jersey Congressman Christopher Smith. Ask him who is going to fund this law? Tell him to stop wasting tax-payer dollars.

    http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=NJ04&site=ctc

  27. Robert
    June 1, 2010 at 1:42 am

    I believe it is time to organize a March on Washington. There are currently 700,000 registered sex-offenders in the USA and the numbers are growing. This number does not include family and friends and children who have also been victimized by these laws. A rally on the national mall would be very symbolic, and the sheer numbers of people would be eye-opening to the rest of America. LETS MARCH ON WASHINGTON, ITS TIME!

  28. Dave
    June 5, 2010 at 9:15 am

    Sirs, I recently brought my son home from jail after he pleaded to a Felony D sex offence. 3 weeks before this I noticed a daycare facility (home residence) opened across the street from my home. I was very concerned. I found out that same day from his parole officer that my son, who has no job and nowhere to live, must be out of my home of 20 years by the end of the month. I reside in Steuben Co. Now we are frantically looking for a place for him to live since his PO says that the “1000” ft. law is applicable here. Do I have any recourse? Can I fight this? We also found out that there is a level 3 sex offender living within that boundary. My son is a level 2. What can I do?
    —————————-
    Dave: We are of course in Ohio and not legal professionals but I post this in hope that someone in CO can help. Also please contact the CO RSOL organizer here: http://www.reformsexoffenderlaws.org/groups/index.php
    -CF.org

  29. Sonny
    June 19, 2010 at 11:45 am

    Hello again! I’m writing again to see what’s going to arise from this for those who are still under Megan’s Law which goes back to the year 1997 when it was first implemented. I was convicted through a jury-trial in 1988, long before Megan’s Law was put in place. It seems the decision in “Cook’s” seemed to infer that the decision (certain parts) in itself was unconstitutional. My question to you is this, “Will there be a lawsuit forthcoming to declare that as unconstitutionally applied?” I did file a lawsuit but was shutdown by the appeals court. I was contemplating another lawsuit based on Cook. May be someone out there has plans to re-awaken that lawsuit again because all this was applied through Pre-House Bill 180. If you do, please contact me. Would really appreciate it. Thanks for your help. I know it’s too early to begin this journey again because we’re still fighting the AG over it’s inaction at the State level to undo the registry for those under Megan’s Law with regards to the Ohio Supreme Court’s decision. Thanks again, my friend!!!!!

    Always,
    Sonny

  30. Mark
    June 19, 2010 at 11:30 pm

    I have a question on if you were never in front of a Judge to be labeled a sex offender, can the department of rehabilitation and corrections threaten you that you won’t get out of prison unless you sign the classification paper? Because they did it to me.
    ——————————————————————————–
    I do not know the answer to that. By posting this comment, perhaps someone else may know. Suggest you ask an attorney or legal professional
    -CF.org

  31. Portland Paul
    June 24, 2010 at 8:31 pm

    CREATING ONE LIST OF SEX OFFENDERS

    Over a million American men, mostly represented by the over-worked, mostly indifferent public pretenders, are required to register as sex offenders, even though they are determined by a professional clinician to be ‘low risk’. The hysteria around sex abuse has prevented many of these men from facing their accusers and being judged by a jury of their peers. Rather than going to prison under minimum sentencing guidelines, they accept plea bargains and become the target of the corporate media and anyone with an axe to grind.

    Many of us who are advocates for men want to create one list of dangerous sex offenders.
    This does not mean we want truly dangerous predatory offenders to be released, nor does it mean we want any prosecution overturned unless there is evidence, on a case-by-case basis, the defendant did not receive a fair trial.

    Regrettably we do “convict people without evidence or witnesses, and without giving them the right to face their accuser or without being judged by a jury of their peers when it comes to allegations involving alleged sex abuse. here’s a post of one particularly suspicious case.

    ——-
    In 2005, Washington County arrested a blind man, with no criminal background, for allegedly touching his thirteen-year-old step-daughter’s breast three years earlier, despite no physical evidence or witness. the allegation was instigated and reported to police by his wife one month after she had filed for divorce in Clackamas County. He had threatened to turn her in for child abuse and told her he would take there three-year-old son to Florida to live with his parents.

    What upset her the most was that he had threatened to expose his wife’s affair with their priest, who she had followed from Eugene to Beaverton in 2001, and dragged their family along. On July 5, 2001, the wife had reported the affair to his superior, Father Marks with St. Mary’s, who conveniently transferred the priest to a parish in Beaverton, Oregon.

    In the spring of 2004, she contacted the Oregon Commission for the Blind, her husband’s long-time adversary, and was directed by OCB’s Administrator, Linda Mock, to a judge in Clackamas County who served on the County’s Domestic Violence Task Force. In 2004, the wife began an affair with this Clackamas County Judge, appointed by John Kitzhaber, and together they had him secretly indicted and held in the ‘Isolation Bubble’ in the jail, under horrific conditions! The Isolation Bubble is where Washington County keeps the most violent inmates and those coming off hard drugs. “The screaming and pounding never stopped. When one crazed inmate stopped, another would start…I’ve never been the same-” he described in a 2007 civil rights complaint filed with the Bush Justice Department, and ignored. When this technique of torture didn’t work – the “twin torture technique”, specifically described in manuals and reports by the University of Chicago and the C.I.A, they moved the completely blind man in with a convicted murderer from Scappoose, who was a former client of the now disgraced prosecutor, Gregory W. Olson. The previously-convicted murderer began threatening him, as directed.

    Not surprisingly, after 42 days, the blind man broke down and accepted a plea bargain that wrongfully made him a felon and sex offender for life, rather than risking the chance of going to prison for seven years. He knew that the public pretender was doing nothing about how he was being treated by Washington County while he was ‘presumed innocent’. “I really thought this Judge would have me killed if I told what I knew.”

    Since being released from jail, he has maintained his innocence and passed eight polygraphs over the last five years, and completed a sex offender treatment program with the lowest risk assessment score possible – ‘0’. In a hand written statement from his step-daughter she writes, “What I said about my step-father wasn’t completely true. I was mad at him for…” Yet, the Oregon Legislature prevents him from asking to be removed from the RSO list for another ten years and Washington County will never admit their wrong doing. And certainly, the search for dangerous sexual predators is substantially diluted by including ‘low risk’ offenders, such as this, on the RSO lists.

    For speaking out about this injustice, there is evidence that the State of Oregon, Governor Kulongoski, former-Governor John Kitzhaber, and its judicial cabal, who you may have noticed always runs unopposed, have continued to terrorize this man and have protected the vigilantes who have physically attacked him, including a suspected arsonist from Washington County (Case no. 090608903)-

    Truly, women like the one here in Portland seeking to extort the former-Vice-President, and this blind man’s ex-wife, a 2005 graduate of Marylhurst’s Art Department, ought to be prosecuted. Regrettably, the Democratic Party of Oregon owns the state government and the courts, and panders to the phony-feminists, who want power in exchange for their votes, and other gratuities. but as you can see, bus driver Sandra Day is not been fired by Tri-Met for violating traffic laws and killing two people, and Terri Horman remains free…even though the evidence against her is already far, far more than Hermann’s Monsters had in 2004-2005 when they persecuted an innocent severely disabled man, to protect a crooked judge and a sexually-deviant priest-

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