Archive for March 26, 2010

AZ Attorney Challenges GPS Monitoring in District Court

March 26, 2010 Comments off Attorney calls bracelet mandate unconstitutional – Porn defendant’s monitoring challenged.

The attorney for a retired Tucson police officer indicted on child-pornography charges is challenging a federal law that requires his client to wear an electronic monitoring bracelet.

Michael Piccarreta contends the Adam Walsh Child Protection and Safety Act is unconstitutional as a whole and as it applies to his client, Jefferson Sutton Stahl, because it prevents individual judges from determining whether electronic monitoring is needed.

“While I think this act is good politics, it’s probably bad constitutional law,” Piccarreta said Tuesday in U.S. District Court.

The Adam Walsh Act, named for a Florida boy who was abducted from a mall in 1981 and later found murdered, (but no sexual crime was every alleged) was signed into law in 2006 and applies to all sex crimes. Among its provisions is a requirement that defendants out of custody be subjected to electronic monitoring.

Stahl, 62, was indicted in January on three counts of possession of child pornography and one count of receipt of child pornography.

Piccarreta told U.S. Magistrate Judge Thomas Ferraro deciding whether a defendant requires electronic monitoring should be up to the judge, not up to legislation. “I feel it’s inappropriate for Congress to limit judicial power,” he said.

MD : Report Parents Who Lets Kids Near Sex Offender

March 26, 2010 Comments off MD. bill: report those who let kids near offenders.

Big Brother !

Annapolis, MD. — Both chambers of the Maryland General Assembly have endorsed authorizing Marylanders to report parents to police if they suspect them of allowing their children to spend time with sex offenders.

The House of Delegates unanimously voted for the legislation Thursday. The Senate passed a similar bill last week. The measure authorizes people to report parents, guardians and caregivers suspected of letting kids live with or be in the regular presence of child sex offenders.

The votes comes months after the highly publicized slaying of a Salisbury girl. (for political expediency, of course)

Authorities allege 11-year-old Sarah Foxwell was killed by a registered sex offender who is a former boyfriend of her aunt and legal guardian. (Note: As is usually the case, this man was a REGISTERED sex offender – and that did not stop the murder, did it?)

Representatives of the House and the Senate will confer and work out any differences between the bills.
Read House Bill 811:

Maryland citizens should contact their Representatives