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Archive for October, 2009

More Halloween Sex Offender Hysteria

October 30, 2009 Comments off

oakridger.com(Tennessee ) : Restrictions on sex offenders during Halloween season.
chron.com (Houston) : Special police unit is keeping tabs to be sure pedophiles don’t try to attract trick-or-treaters.
chron.com (Arkansas) : Miller Co. corrals sex offenders for Halloween.
newsday.com (NY) : Suffolk police give sex offenders Halloween warning.
newswest9.com (Texas) : Authorities Watching Out For Sex Offenders on Halloween.
heraldtribune.com (Sarasota, FL) : Bradenton puts predators on notice to keep low profile on Halloween-Police tell registered sex offenders that they will be watched.

These are just a few more of the national stories on such hysteria. See previous post: “Halloween Sex Offender Policies Questioned”:

“Sex crimes against pre-teen children are no higher during Halloween than at any other times of the year. Research has found that the highest danger for children during the Halloween season was from pedestrian- motor vehicle accidents, not from sexual abuse by strangers. Researchers found no increased rate of sexual abuse during the Halloween season.”

courthousenews.com : Sex offenders sue over Halloween restrictions law.

St. Louis – Registered sex offenders say Missouri’s is unconstitutionally restricting their activity during Halloween. The plaintiffs, who are parents, say the law is too vague, particularly as it applies to their own children and grandchildren.

The new law took effect June 30. It prohibits all Halloween-related contact with children; orders the offenders to stay inside their homes between 5 p.m. and 10:30 p.m. unless there is an emergency; orders them to post a sign stating, “No candy or treats at this residence;” and orders them to turn their outside lights off after 5 p.m. on Halloween.

The plaintiffs say they don’t know how to conform to these rules with respect to their own children and grandchildren and fear undue prosecution. They are represented by Anthony Rothert of the ACLU.

The defendants include Missouri Attorney General Jeremiah Nixon, Gov. Matt Blunt, and other law enforcement officials. Read lawsuit here (PDF)

See Halloween Hysteria Part 1 here.

KY to Appeal Ruling Limiting Sex Offender Law

October 29, 2009 Comments off

courier-journal.com : State to appeal ruling limiting sex-offender law.

The Kentucky attorney general’s office has asked the state Supreme Court to delay enforcement of its Oct. 1 ruling throwing out part of the state’s sex-offender statute until the U.S. Supreme Court hears the case.

The attorney general’s office filed a motion Oct. 21 asking the state high court to stay its ruling that the law banning sex offenders from living near schools, day cares and playgrounds cannot be applied to those convicted before the statute was enacted in 2006.

The court ruled 5-2 that the statute was improperly imposed on people convicted before it went into effect. The U.S. and Kentucky constitutions prohibit laws that impose or increase punishment on criminal acts committed before the law’s enactment.

The attorney general’s office has until Dec. 30 to file a petition with the U.S. Supreme Court to hear the case. No petition has been filed. The U.S. Supreme Court rejects most cases, but the issue of whether sex-offender laws can be applied retroactively has surfaced in many states.

Under the Kentucky Supreme Court’s Oct. 1 ruling, sex offenders will still be required to register, but the residency restrictions enacted in 2006 cannot be applied to offenders convicted before that date.

Kentucky.com : Sex offender residency rules still being enforced despite Supreme Court ruling.

Kentucky probation and parole officers are enforcing a law that restricts where registered sex offenders can live despite a recent ruling by the Kentucky Supreme Court that says the law doesn’t apply to those convicted before July 2006.

The state Department of Corrections has continued enforcing the law because Attorney General Jack Conway has asked the state’s high court to suspend their ruling while he appeals to the U.S. Supreme Court.

“Our position is that the Supreme Court decision is not final,” said Lisa Lamb, spokeswoman for the state Department of Corrections. “We believe the former law is still in effect.”

Mike Hummel, the Kenton County public defender, said he was disappointed by the state’s decision.
“I think it’s wrong to disregard what the Supreme Court has said is wrong,” he said Thursday.
Lamb said the decision to enforce the old law came from the department’s legal counsel.

Residents of Kentucky need to call and write their Attorney General’s office and Supreme Court to demand that the ruling of the Kentucky Supreme Court be enforced. The Supreme Court is the highest level of legal authority in the state, but the Kentucky Attorney General does not believe he must abide by their decisions, apparently. Residents may also want to contact the Public Defender’s office which needs to demand that the legal decision be followed.

MA : No-go for Sex Offender Law

October 27, 2009 Comments off

wickedlocal.com : No-go for sex offender bylaw.

Plymouth – A proposal to restrict where Level 3 sex offenders can live in Plymouth and where sex offenders whose crime involved a child can loiter gained little traction Monday night as representatives argued the pros and cons of the plan. In the end, Town Meeting struck down the proposal, which would have prevented Level 3 sex offenders from living within 2,500 feet, or half a mile, of any school, daycare center, elderly housing complex, park or recreation facility.

If passed, the proposal would also have restricted sex offenders whose offense involved a child from being in a town or state park.

But Precinct 12 Rep. Bill Abbott, an attorney, said the bylaw, if adopted, would leave Plymouth vulnerable to a myriad of lawsuits.

“This bylaw is going to be a lawyer’s delight,” he added, noting that Dover, N.H., passed a similar restriction that was promptly appealed and overturned by the courts. In this case, the court ruled that the state failed to prove a connection between the restriction and safer children. In addition, the court ruled the measure violated these felons’ civil rights.

The bylaw, as written, is far too broad, Precinct 8 Rep. Theodore Bosen said. Many teens who are considered children under the law can be convicted of a sex crime for showing their friends a pornographic magazine, or for French kissing a girlfriend who is the not the legal age of consent. These relatively minor infractions can brand these children as sex offenders whose offense involved children. Restricting these minors from being in a state or town park means they won’t be able to participate in sports, attend events or even participate in recess, Bosen said. “This loitering statute is overly broad,” he added.

“It’s a flawed bylaw,” Precinct 8 Rep. Paul Luszcz said, adding that the measure needs more careful study and consideration before it’s ready for serious consideration by the local legislature.

A motion to eliminate the residency provision of the bylaw was defeated with a vote of 78 to 32. The sex offender article as a whole was struck down by a vote of 80 to 22.

Nebraska Proposed Sex Offender Regulations

October 27, 2009 Comments off

Nebraska Proposed Sex Offender Regulations
Nebraska Secretary of State – Proposed Regulation Details
Title: 272 Chapter(s): 019 Section(s):
Short Description: Sexual Offender Registration
View Proposed Regulation (.pdf File)
Hearing Information: 12-02-2009, 9:00 AM at Central Auditorium, Nebraska Department of Roads, 1500 Highway 2, Lincoln, NE

Agency Hearing Contact Name: Shawn Edwards (402) 471-8492

AZ State Senator’s Son Admits Sex Offense

October 27, 2009 Comments off

azstarnet.com : State senator’s son, 2nd teen admit ‘brooming’- from 2006

The son of state Senate President (now Arizona Secretary of State) Ken Bennett admitted in court Monday to assaulting middle school boys with a broomstick in their rectal areas, but a judge allowed charges against him to be reduced from 18 to one, and he may avoid jail. Three of the 18 victims, all boys between the ages of 11 and 15, are from Tucson, and the families are angry that 18-year-old Clifton Bennett and co-defendant Kyle Wheeler, 19, were not charged with sexual assault.

Also, the families said Bennett is being treated favorably by the court system because of his father’s position in the Legislature. Bennett’s plea would allow the court to classify the aggravated-assault conviction as a misdemeanor, which means he could go on to become a teacher or counselor and would never have to disclose the so-called “brooming” incident.

“I think he got a sweetheart deal,” said the father of one of the three Tucson victims, a 12-year-old boy who attends a local Catholic school. “I’d like him to get a year in prison. The victims should have been heard from before the plea was agreed to. If this was 18 girls who were victims, it would have been sexual assault.”
Ken Bennett and his family would not comment Monday. The senator and his wife were in court throughout Monday’s hearing.

Police reports say the assaults took place at Chapel Rock Camp in Prescott during a weeklong camp for school leaders in June. Witnesses told police that the junior counselors lined up the youngsters, told them to bend over and “broomsticked” them. The boys told police “broomsticking” was done alternately with a broom, a cane, a mop handle and a heavy-duty flashlight while they were clothed.

Bennett read a statement to the court in which he admitted the brooming and said he did it with the intention of insulting them through humiliation. “I know I personally broomed a number of the campers. I know I personally restrained a number of the campers. I now know this was an assault under the law,” Bennett said. ” ‘Brooming’ was the name given for the practice of poking a camper, while clothed, in the area of the butt. A broom handle, a cane and a flashlight handle were the objects used. I know all of the campers were broomed at least once.”

List of Murdered Sex Offenders

October 27, 2009 Comments off

Sex Offender Murders by A Voice of Reason : Master list of RSOs/SOs killed or murdered in the U.S.

A list of documented murders of Registered Sex Offenders in the U.S.

Denver Police Crush Sex Offender’s Car

October 27, 2009 Comments off

AP/Google : Denver police crush sex offender’s car.

Denver police have crushed a car belonging to a man who pleaded guilty to attempting to sexually assault a child. Police destroyed the vehicle of 37-year-old XXX on Tuesday, saying it’s a public nuisance.

Police say a vehicle can be considered a public nuisance in Denver if it is used to attempt a sexual assault.

Calif Supreme Court Oral Arguments in Nov.

October 26, 2009 Comments off

California Supreme Court – Oral Arguments scheduled for Nov, 3, 2009 at 1:30pm:

In re J. (E.) on Habeas Corpus S156933; In re P. (S.) on Habeas Corpus S157631; In re S. (J.) on Habeas Corpus S157633; and In re T. (K.) on Habeas Corpus, S157634 (consolidated cases)
#07-457, In re J. (E.) on Habeas Corpus, S156933 (original proceeding); #07-458 In re P. (S.) on Habeas Corpus, S157631 (original proceeding); #07-459 In re S. (J.) on Habeas Corpus, S157633 (original proceeding); #07-460 In re T. (K.) on Habeas Corpus, S157634 (original proceeding).

In each of these four matters, the court issued an order to show cause why the petitioner is not entitled to relief from the residency restrictions imposed by Penal Code section 3003.5 on persons required to register as sex offenders, on the ground the statute violates the ex post facto clauses of the state and federal Constitutions, has been impermissibly retroactively applied, constitutes an unreasonable parole condition, impinges on the petitioner’s substantive due process rights, and is unconstitutionally vague.

If the above links do not work, go to http://appellatecases.courtinfo.ca.gov/ , and search case numbers listed above.

Legislator Votes to Take Away Wages from Sex Offenders

October 26, 2009 Comments off

startribune.com (MN): A vote against paying wages to sex offenders

More pandering by politicians…

Matt Dean, a Republican legislator from Dellwood, said he did not think it was a good idea for a state-run treatment facility to pay the patients for any work they performed — especially when the program’s costs were spiraling upward and no patient had been successfully treated and released from the program by the courts. So Dean authored legislation earlier this year that would make it mandatory that 50 percent of their wages go to help pay for the program’s costs and that the other 50 percent not encumbered by a court order go to the crime victims reparations board.

A spokesperson for the state sex offender program said patients are paid $7.25 an hour when they participate in vocational programming, can work up to 30 hours a week and that up to 50 percent of their earnings go to paying for the program’s costs.

Though Dean’s proposal received a legislative hearing last spring, it eventually died. Dean, the lead Republican on the House Human Services Finance committee, said he later offered a watered down version on the House floor, asking that it be mandatory that 50 percent of the wages paid to sex offenders go to help pay the program’s rising costs. That proposal, he said, failed too.

“The purpose of that was to try to get [more] of the funds back,” Dean said in an interview after the Star Tribune wrote last week. “A lot of people are very surprised that they actually do collect a wage.

“It’s a very odd population, and it’s also one that infuriates people,” he added.

Sex Crimes Committed by Illegal Immigrants

October 25, 2009 Comments off

drdsk.com : The Dark Side of Illegal Immigration: Nearly One Million Sex Crimes Committed by Illegal Immigrants in the United States 2006, By Deborah Schurman-Kauflin, Ph.D. Violent Crimes Institute, LLC Atlanta, Georgia

This privately conducted study discusses the proliferation of sex crimes committed by illegal immigrants. By definition, these illegal immigrants would not be listed on any sex offender registry, and therefore the statistics cited in this study cannot be affected by any SORNA/Adam Walsh Act laws.

Introduction:
After conducting a 12 month in-depth study of illegal immigrants who committed sex crimes and murders for the time period of January 1999 through April 2006 , it is clear that the U.S. public faces a dangerous threat from sex predators who cross the U.S. borders illegally.

There were 1500 cases analyzed in depth. They included: serial rapes, serial murders, sexual homicides, and child molestation committed by illegal immigrants. Police reports, public records, interviews with police, and media accounts were all included. Offenders were located in 36 states, but it is clear, that the most of the offenders were located in states with the highest numbers of illegal immigrants. California was number one, followed by Texas, Arizona, New Jersey, New York, and Florida.

Based on population numbers of 12,000,000 illegal immigrants and the fact that young males make up more of this population than the general U.S. population, sex offenders in the illegal immigrant group make up a higher percentage. When examining ICE reports and public records, it is consistent to find sex offenders comprising 2% of illegals apprehended. Based on this 2% figure, which is conservative, there are approximately 240,000 illegal immigrant sex offenders in the United States.

This translates to 93 sex offenders and 12 serial sexual offenders coming across U.S. borders illegally per day. The 1500 offenders in this study had a total of 5,999 victims. Each sex offender averaged 4 victims. This places the estimate for victimization numbers around 960,000 for the 88 months examined in this study.

Conclusions:
Illegal immigrants who commit sex crimes first cross the U.S. border illegally. Then they gradually commit worse crimes and are continually released back into society or deported. Those who were deported simply returned illegally again. Only 2% of the offenders in this study has no history of criminal behavior, beyond crossing the border illegally. There is a clear pattern of criminal escalation. From misdemeanors such as assault or DUI, to drug offenses, illegal immigrants who commit sex crimes break U.S. laws repeatedly. They are highly mobile, work in low skilled jobs with their hands, use drugs and alcohol, are generally promiscuous, have little family stability, and choose victims who are easy to attack. Their attacks are particularly brutal, and they use a hands-on method of controlling and/or killing their victims.

Perhaps our focus should turn to crimes committed by illegal immigrants, before we take away constitutional rights of American citizens !