Archive for March 15, 2010

GA: Another Cop Accused Of Child Molestation

March 15, 2010 Comments off Cop Accused Of Child Molestation.

We have lost count of how many police officers have been arrested for sex crimes against children just since the beginning of this year alone. Remember that these are the same men who speak out against the heinous nature of sex offenses in our neighborhoods and do everything they can to cause pain and destruction to anyone even accused of a sex crime. In many cases, they communicate the nature of a sex offender’s arrest to other inmates in jails and prisons in order to cause the accused sex offender to be harmed while in custody. But being a police officer, it is likely that he will be kept protected while incarcerated. And as police officers, enjoying favorability with courts, it is also likely that these men will not be required to register as sex offenders.

Fayette County, Ga. — A Tyrone police officer was arrested, accused of child molestation. Matthew New, 38, of Fayetteville was arrested March 11 by the Fayetteville Police Department on a charge involving child molestation. Mr. New faces at least 40 additional charges on related crimes, investigators said.

According to investigators, more than one child was victimized. The children were under age 16 at the time of the incidents, investigators said, and one of the children was related to Mr. New.

Information from the investigation has resulted in 40 additional charges and of those, New will be charged with one count of sexual battery and multiple counts of enticing a child for indecent purposes and multiple counts of child pornography, investigators said. Mr. New’s computer was seized during the investigation by the Georgia Bureau of Investigation, investigators said.

Officials said Mr. New was placed on administrative leave from the Tyrone Police Department immediately when the agency was notified of the investigation by Fayetteville police on Feb. 2. New had been with the Tyrone Police Department for about nine years, according to police officials.

MD House Approves Numerous Sex Offender Bills

March 15, 2010 Comments off MD House committee approves mixed bag of child sex offender laws, politics a factor.

The House Judiciary Committee approved a slate of sex offender bills late Friday. The raft of bills appear to be a mixed bag when it comes to enhancing Maryland’s sex offender laws, some good, others mere political window dressing for the 2010 election.

Governor O’Malley got the political window dressing he desired in the form of HB 473 a bill filed on his request that ostensibly requires lifetime monitoring of serious child sex offenders. However, the bill allows offenders the ability to petition for release from lifetime monitoring after three years. The committee amended that period to five years—a distinction with no real difference given the nature of child sex offenders. Smigiel said labeling the bill as lifetime supervision intentionally misleads the public. “There is no reason to call it lifetime supervision,” Smigiel said. “It’s simply semantics.”

Other measures approved by the committee include a juvenile offender database accessible by law enforcement only, changing legislative language to mandate state agencies post identifying information about offenders, and expanding the definition of an offender to include decent exposure and possession of child pornography.

To view the bills not mentioned in our post, see the original news article. We are not contending sentencing bills. We only oppose the unconstitutional application of sex offender registries.

GA Supreme Court : Non Sex Crimes Must Register on Sex Registry

March 15, 2010 Comments off Ga. Supreme Court rebuffs sex offender registry challenge – requires some people who have not committed sex crimes to register as sex offenders..

The Georgia Supreme Court has upheld a provision of the state’s sex-offender registry law that requires some people who have not committed sex crimes to register as sex offenders. Under the law, those convicted of kidnapping or false imprisonment of a minor must register as a sex offender, whether or not a sexual crime was involved.

The challenge was brought by Jake Rainer, convicted in 2000 in Gwinnett County of a drug robbery. Rainer, then 18, and his co-defendants picked up a 17-year-old girl who was going to sell them some marijuana. Instead of buying it, they drove her to a cul-de-sac, took the pot and left her. Rainer pleaded guilty to robbery and false imprisonment. Because of the latter conviction, he has had to register as a sex offender, meaning he cannot live or work within 1,000 feet of places where children congregate, such as parks, schools and swimming pools.

Writing for a 5-2 majority, Justice Harold Melton rejected Rainer’s arguments that the provision, as applied to him, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, “are regulatory, not punitive, in nature.” “Because the registration requirements themselves do not constitute punishment, it is of no consequence whether or not one has committed an offense that is ‘sexual’ in nature before being required to register,” Melton wrote.

(this has long been a bogus argument. Anyone who knows anything about these registries knows fully-well how punitive and destructive they are in the lives of those who must publicly register)

The law also advances a legislative goal of requiring the state to inform the public for purposes of protecting children from those who would harm them, Melton said.

Writing in dissent, Chief Justice Carol Hunstein said that although registration as a sex offender may not be considered punishment, “it is no mere administrative formality or minor inconvenience.”

Overall, this decision should actually be viewed positively. Flooding the registries with robbers, kidnappers and other violent criminals will only help destroy the registries in the end.