Posts Tagged Education

Sex Offender Sues Ohio For Right to Go Door To Door

courthousenews.com: Jehovah’s Witness Sex Offender Sues Ohio For Right to Go Door To Door.

Lawrence Bullard, a Jehovah’s Witness and a sex offender, is suing his parole officer and the Ohio Department of Corrections for his right to go door to door, stating that “the state is forcing him to choose between his faith and his freedom.”

Good for him. We hope he wins this lawsuit. More citizens should be suing the state over these laws and restrictions. We should be flooding the courts in every state and costing states millions of dollars in costs and restitution judgments.

Cincinnati - A Jehovah’s Witness who was convicted of felony attempted sexual abuse has sued the State of Ohio, claiming it unconstitutionally prohibits him from practicing his religion by proselytizing door-to-door more than once a month.

Lawrence Bullard says he should be allowed to proselytize door-to-door twice a week with other Witnesses, as their religion requires. He says he’s an exceedingly low risk to re-offend, and the circumstances prove it.

“On or about Dec. 16, 2001, after another break up, Lawrence went over to [his former fiancée's] house. He was angry at her, upset and confused. He let himself in when she was not home and hid in her closet waiting for her to come home.” When she arrived, he says, he “confronted her. And they argued. At some point, he forcibly kissed her and fell to the floor on top of her. He then put his hands down her pants, touching her pubic area.”

He says he “immediately realized that he made a serious mistake, in violation of both his faith and the law.” He says he called the police from the lobby of his ex’s apartment building, and waited there until they arrested him. After pleading guilty to the class E felony, Bullard says he was classified as a low risk, and sentenced to 10 years of probation and ordered to register as a sex offender.

In 2008, “because of his trouble-free adjustment to probation, he says, he “was placed on non-reporting status.”

Bullard, 37, says he has been married for 4 years. He says his religious practice of going door-to-door twice a week with Witnesses made him well-suited for a job in sales, which he eventually found with a roofing company. But when his parole officer in Ohio found out about his religious practices and his job as a door-to-door salesman, Bullard says, she forbade it. She asked him to sign a document agreeing not to go door to door, but he refused, citing his religion. Ohio then “requested a warrant for his arrest from New York.”

He says the request was ultimately withdrawn, and the Ohio Department of Parole allowed him to proselytize once a month. Bullard says his religion requires him to do it twice a week, and that he’s no risk because he will be accompanied by other Witnesses. He seeks a restraining order and injunction. He is represented by David Singleton with the Ohio Justice & Policy Center.

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WY Legislators Want Sex Offender Restrictions

sheridanmedia.com: Wyoming State Legislators Address Juvenlile Justice and Sex Offender Issues.

Registered sex offenders in Wyoming couldn’t move into residences close to schools under a bill advancing in the state House of Representatives. The House gave preliminary approval Friday to House Bill 83, sponsored by Representative Steve Harshman, a Republican from Casper. His bill would bar offenders from moving into residences within 2,000 feet - or roughly a third of a mile - of schools that teach students age 18 or younger.

Some other lawmakers said the restrictions would leave offenders no place to live in smaller towns. ACLU state Executive Director Linda Burt notes that Wyoming last year cut funding for sex offender treatment programs in the prison system. She says treating offenders does more to protect children than imposing residency restrictions.

View Bill in PDF format. Summary of House Bill 83 is available here.

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Sex Offender Cuts off GPS Tracking Device, Disappears

kare11.com(ND):Sex Offender Cuts off GPS Tracking Device, Disappears.

Police in Fargo are scrambling to find a high-level sex offender they say cut off his GPS monitoring device Monday, then disappeared.

Once again: GPS monitoring does not prevent crime!
This has always been a bogus notion to monitor sex offenders.
If someone wants to commit a crime, they will do so. Period.

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CA Supreme Court: Sex Offender May Petition for Removal From Registry

metnews.com(Calif): Supreme Court: Sex Offender May Petition for Removal From Registry.

A person seeking to be removed from the sex offender registry based on a 2006 state Supreme Court ruling may seek that relief by writ petition, but not by post-judgment motion, the state Supreme Court ruled yesterday.

In a unanimous decision, the justices affirmed a Third District Court of Appeals ruling that a trial court has no jurisdiction to grant a motion to remove the lifetime sex offender registration requirement. But the high court expressly stated that a defendant seeking such relief may do so by petition for writ of mandate if he is no longer in custody and his appeals have been exhausted.

Justice Kathryn M. Werdegar, writing for the high court, said the Court of Appeal correctly dismissed former high school teacher Andrew Picklesimer’s appeal from the denial of his motion. She agreed that the trial judge was correct in ruling that he lacked jurisdiction because the defendant’s conviction became final long before the motion was filed.

Picklesimer has been subject to sex offender registration since 1993, when he entered into a plea bargain in Trinity Superior Court. Originally charged with offenses against two minors, he pled guilty to unlawful sexual intercourse, oral copulation, and digital penetration, all involving a 17-year-old girl.

Picklesimer raised only one issue on appeal, arguing that the separate sentences violated Penal Code Sec. 654, which prohibits multiple punishments for the same crime. The Court of Appeal disagreed, affirming in an unpublished opinion.

Years later, the state Supreme Court decided People v. Hofsheier (2006) 37 Cal.4th 1185, holding that mandating sex offender registration for all defendants convicted of oral copulation of a minor over the age of 16 was unconstitutional as a matter of equal protection because the crime is similar to unlawful sexual intercourse, as to which the trial court has discretion as to whether to require registration.

To remedy the violation, the high court declared that judges have discretion as to whether to require registration for those convicted of oral copulation.

The case is People v. Picklesimer,10 S.O.S. 1328 (.doc file). Download decision here.

Excerpt:
“In People v. Hofsheier (2006) 37 Cal.4th 1185, 1207 (Hofsheier), we concluded imposition of mandatory lifetime sex offender registration on defendants convicted of violations of Penal Code section 288a, subdivision (b)(1) for voluntary oral copulation with a 16- or 17-year-old minor violated the state and federal equal protection clauses. Our decision resulted in the creation of a class of people, those convicted of violating section 288a, subdivision (b)(1) on or before the date of our decision, who potentially might be entitled to relief from mandatory lifetime registration but for whom the precise procedural method of asserting such a claim for relief was uncertain. We resolve that uncertainty here.”

“We conclude that for those like defendant Andrew Nelson Picklesimer, who are no longer in custody and whose appeals are final, claims for Hofsheier relief — relief from mandatory lifetime sex offender registration based on equal protection — must be brought by way of a petition for writ of mandate in the trial court. A freestanding postjudgment motion for Hofsheier relief, such as the one Picklesimer filed, is not cognizable, as the trial court and Court of Appeal correctly concluded.”

“A court may in its discretion treat such a postjudgment motion as a mislabeled petition for writ of mandate. In this case, however, for us to do so is not appropriate. This is because defendants who assert a claim for Hofsheier relief and establish a right to relief from mandatory sex offender registration may still be subject to discretionary registration under section 290.006, and the record before us does not conclusively establish that Picklesimer is exempt from discretionary registration and thus entitled to relief.
Accordingly, we affirm, without prejudice to Picklesimer’s ability to file a petition for writ of mandate in the trial court seeking Hofsheier relief.”

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GA: Another Cop Accused Of Child Molestation

wsbtv.com(GA): 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.

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MD House Approves Numerous Sex Offender Bills

examiner.com(Maryland): 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.

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

ajc.com: 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.

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Utah House Leader Naked in Hot Tub With Minor

Google/AP: Utah’s House majority leader’s skinny-dip confession stuns Utah.

Salt Lake City — A late-night confession by Utah’s House majority leader about sitting nude in a hot tub with a minor 25 years ago has shocked this conservative state’s political establishment but has not prompted calls from party leaders for him to resign.

Rep. Kevin Garn, 55, acknowledged the indiscretion late Thursday immediately after the Legislature adjourned for the session. He said he paid the woman $150,000 to keep quiet about the episode when he unsuccessfully ran for Congress in 2002.

“Although we did not have any sexual contact, it was still clearly inappropriate — and it was my fault,” said Garn, of Layton.

“This is something I should have done back in 2002. But I was scared. I did not want to be publicly judged by one of my life’s worst decisions,” said Garn, who was married at the time.

I wonder how this man voted on sex offender laws in the Utah House. Does he believe that others should not be “publicly judged by one of their life’s worst decisions” ?

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NY Sheriff Deputy Pleads Guilty to Sexual Abuse

spotlightnews.com: Sheriff deputy pleads guilty to sexual abuse, will likely face jail time.

Saratoga County Sheriff’s Deputy Donald Harder III will likely face jail time come May. Accused of sexual abuse by four women between June and August of 2009, he pleaded guilty to a felony Menacing in the First Degree, a misdemeanor Official Misconduct and four misdemeanor counts of Sexual Abuse in the Third Degree on Thursday, March 11, according to Saratoga County District Attorney Jim Murphy.

Harder was accused by four separate women of making sexual demands while in uniform and making them fear physical injury if they didn’t comply. Harder was said to be in uniform, wearing his service weapon on his gun belt and standing next to his marker patrol unit while on duty when demands were made. The incidents occurred between June and August 2009 and all four women came forward individually and on separate occasions, according to information from Murphy’s office.

No mention of whether he will be required to be registered as a sex offender, although many of these law enforcement officials and politicians get away without being put on the lists.

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Using Mathematical Model to Formulate Sex Offender Laws

futurity.org: Using Mathematical Model to Formulate Sex Offender Laws.

A new mathematical model could help communities that are in the midst of passing or reforming sex offender laws quantify risk and address issues of special concern. The model is designed to help the policymakers of concerned communities focus on the spatial management of sex offenders and not mere punitive measures.

The model incorporates many of the pertinent variables addressed in popular sex offender laws, including housing restrictions, sensitive facilities, and individuals who might be considered the prey of sexual predators. By adjusting parameters and variables, model users can see how adjustments in a law would influence the position and density of sex offenders in a community.

There are three commonly used geographic strategies for managing sex offenders, all of which entail some type of housing restrictions. In general, residence restrictions prevent sex offenders from establishing a permanent residence within a specified distance (e.g. 1,000 ft.) from a sensitive facility, such as a school. Dispersion ordinances seek to reduce neighborhood exposure to sex offenders by minimum distance at which the sex offenders may live or work relative to other sex offenders. The rationale behind saturation laws is similar to that of dispersion laws, except saturation laws focus on limiting the number of sex offenders who may live in a single residence, or within a pre-defined complex of residences or development.

While most U.S. states have residence restrictions in place, supplemental or increasingly punitive laws are often passed at the local level in the wake of tragedies. As a result, many laws tend to be focused on the isolation of offenders, to the exclusion of practical matters, like ensuring access to rehabilitation services or monitoring the unfair exposure of rural or exurban areas to higher concentrations of sex offender parolees.

“A lot of local policies are knee-jerk reactions,” Grubesic says. “As a result, communities may actually expose themselves to a net-greater risk than in the absence of a law, and that’s because there is very little empirical investigation into how these laws might impact communities before they are passed.”

A commonly reported story last year was the clustering of convicted sex offenders under the Julia Tuttle Causeway in Dade County, Fla. Laws that restrict the zones where sex offenders can live in the county (which includes Miami) were so vast that there were few, if any, places left for sex offenders to live.

Some might be tempted to disregard the sex offenders’ plight as fitting, if only because sex offenders are among the most reviled criminals in our society. But what of the law-abiding citizens who live near sex offender clusters? Are such residence restrictions fair to them? And aren’t sex offender parolees harder to track if they aren’t associated with a specific residence.

The model allows communities to see how different kinds of approaches to managing sex offenders work and to see how these approaches interact with each other in new and unexpected ways. It also allows governments to demonstrate an intention of good faith—that they acted dispassionately to protect society-at-large, rather than pile on double-jeopardy-type punishments to sex offenders who have completed the terms of their sentences. Civil rights organizations, such as the ACLU, occasionally take up the causes of sex offenders in those situations.

“Our model allows communities to more definitively state that the laws were passed earnestly and in a transparent fashion—taking into account the various costs and benefits associated with different distributions of sex offenders,” Grubesic says.

Grubesic and Murray tested their model in Hamilton County, Ohio, chosen for its ongoing efforts to manage sex offenders and for its demographic diversity. The geographers demonstrated vastly different outcomes associated with a variety of hypothetical sex offender ordinances and their permutations.

By way of example, the researchers have shown that lawmakers could ostensibly look at the geographic results of each use of the model, and decide which risk management strategy best suits local values and needs.

Grubesic and Murray’s work is funded with grants from the National Science Foundation.

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