Monday, January 20, 2020

If at first you don't suceed: GA poised to pass same bad lifetime GPS law that was declared unconstitutional in their on Supreme Court

Georgia's lifetime GPS monitoring bill was struck down, but it isn't stopping Jawja from trying again.

You can find a copy of Ga HB 720 HERE.

https://www.law.com/dailyreportonline/2020/01/17/new-legislation-would-allow-lifelong-gps-monitoring-of-sex-offenders/

New Legislation Would Allow Lifelong GPS Monitoring of Sex Offenders

The bill comes after the Georgia Supreme Court last year ruled that forcing individuals who had served their sentences to submit to lifetime monitoring was unconstitutional.
By Greg Land | January 17, 2020 at 06:36 PM

When the Georgia Supreme Court declared unconstitutional a law allowing convicted sex offenders to be ordered to wear GPS ankle monitors for the rest of their lives after release from prison, several justices offered a concurring opinion saying the Legislature could write a law requiring such monitoring that would pass constitutional muster.

New legislation dropped on the first day of the General Assembly aims to do just that.

Anyone convicted of a sexual offense under current Georgia law must already serve a split sentence including prison time and at least one year of probation.

House Bill 720 stipulates that a judge may order probation for life and that it may include electronic monitoring.

The bill notes that it is intended to “provide a response to Park v. State,” the March 2019 opinion deeming statutory lifetime monitoring after an offender has served his court-ordered sentence constituted a “lifelong search” in violation of the Fourth Amendment.

The unanimous opinion authored by Chief Justice Harold Melton rejected the state’s arguments that convicted sex offenders who served their sentences had a “diminished expectation of privacy” subjecting them to searches other citizens must not endure.

“We find such searches to be patently unreasonable,” Melton wrote, deeming the statute “unconstitutional on its face to the extent that it authorizes such searches of individuals … who are no longer serving any part of their sentences in order to find evidence of possible criminal conduct.”

A separate concurrence penned by Justice Keith Blackwell, joined by Justices Michael Boggs, Charles Bethel and Augusta Circuit Superior Court Judge J. Wade Padgett, sitting by appointment, said they agreed with the majority.

“I write separately, however, to emphasize that our decision today does not foreclose other means by which the General Assembly might put the same policy into practice,” Blackwell wrote.

The opinion centered on the law’s subsection requiring “some sexual offenders to submit to electronic monitoring even after they have completed the service of their sentences,” he wrote. “But nothing in our decision today precludes the General Assembly from authorizing life sentences for the worst sexual offenders, and nothing in our decision prevents the General Assembly from requiring a sentencing court in the worst cases to require GPS monitoring as a condition of permitting a sexual offender to serve part of a life sentence on probation.”

HB 720 is sponsored by freshman Rep. Steven Sainz, R-Woodbine, but is co-sponsored by veteran lawmakers including House Judiciary Committee Chairman Barry Fleming, R-Harlem; and Non-Civil Judiciary Committee Chairman Chuck Efstration, R-Dacula.

Among its provisions is that when a court imposes statutory probation for a felony sexual offense, “such probation in the court’s discretion may be for life.”

There are several provisions that such individuals must follow as part of that probation, including that they wear a “device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems” and that they pay monitoring fees “set by regulation of the Board of Community Supervision.”

The Daily Report was unable to reach Sainz for comment Friday.

The defense lawyer who successfully challenged the monitoring statute at the high court dismissed the legislation as a “shortsighted and unacceptable fix to the previously shortsighted and unacceptable legislation the bill seeks to replace. “

“The authors of this bill clearly read a portion of Justice Blackwell’s concurrence in Park then stopped without finishing, and it will have consequences going forward,” Yurachek said.

In addition to ignoring what Yurachek said were “serious Constitutional defects” in the state’s current sex offender statute, “it also creates an unwieldy system where every single individual convicted of a felony sex offense will be subject to GPS monitoring for some period of time,” said Yurachek via email.

“By failing to put real considered thought into the matter and instead seeking the quickest and most Draconian solution, the legislature invites more successful challenges to its lazily composed bill while not doing anything to protect the people who elected them,” he said.

Sunday, January 19, 2020

North Korealina just sent a registered citizen to prison for staying at a local hurricane shelter


North Carolina is one of the worst states in America, so this story doesn't surprise me.

https://www.cbs17.com/news/nc-sex-offender-convicted-of-being-at-middle-school-shelter-after-hurricane-florence/

NC sex offender convicted of being at middle school shelter after Hurricane Florence
NEWS
by: Fantasia Harvey

Posted: Jan 17, 2020 / 11:26 AM EST / Updated: Jan 17, 2020 / 11:26 AM EST

(NC Sex Offender Registry)

BEAUFORT, N.C. (WNCT) – A sex offender has been convicted in a Carteret County trial of being at a school serving as a shelter in the days after Hurricane Florence.

District Attorney Scott Thomas announced 52-year-old Jerry Lee Faircloth of Newport was convicted following a jury trial of being a sex offender unlawfully on-premises.

Faircloth was convicted in 2008 of crime against nature and sexual battery stemming from an October 2006 offense.

North Carolina law states sex offenders are barred from being on premises of any place that is primarily for the use, care, or supervision of minors, including schools, children’s museums, child care centers, nurseries, and playgrounds.

Immediately following Hurricane Florence, Carteret County Probation Officers went through the county, looking for any probationers who had been displaced by the storm.

One of the places they went to was the Newport Middle School, which was designated as one of two storm shelters in the area.

An officer recognized Faircloth, as he had supervised him on probation previously, and believed he was a sex offender.

The officer in charge of the sex offender registry confirmed that Faircloth was a sex offender, so the officers returned, with a Carteret County Sheriff’s Office deputy, and found Faircloth standing by the front entrance of the school.

The officers told him to leave, as he was in violation of the sex offender laws by being on the premises of the school.

Although the defendant claimed to have been visiting a family member who was in mental distress, the officers spoke with the family member, who showed no signs of distress in their presence.

Carteret County Deputy Sheriff Harold Pendergrass obtained a warrant charging Faircloth with Being a Sex Offender Unlawfully on Certain Premises.

The jury found Faircloth to be guilty of the charge against him.

Faircloth then pleaded guilty to the status of a habitual felon, having at least three separate felony convictions on his record.

Resident Superior Court Judge Josh Willey then sentenced Faircloth to a prison term of 84 to 113 months in prison.

The prosecution was aided greatly by an official from the Carteret County Department of Social Services, who explained in detail the records kept of people who stayed in the school, the absence of records allowing Faircloth on the premises, and the rules of the shelter operation.

Thursday, January 16, 2020

Mike Gauntner of WFMJ thinks that people care about an arrest for speeding is important because the one arrested was a registrant

TMI, Mike.

https://www.wfmj.com/story/41565615/columbiana-man-clocked-driving-91-mph-in-washingtonville-charged-with-child-endangering

Sex offender clocked driving 91 mph in Washingtonville with teens

A Columbiana man who is a registered sex offender is due in court Thursday to answer claims that he drove 91 miles an hour through the small community of Washingtonville with a car full of juveniles.
Wednesday, January 15th 2020, 8:37 AM EST by Mike Gauntner
Updated: Wednesday, January 15th 2020, 9:14 AM EST

A Columbiana man who is a registered sex offender is due in court Thursday to answer claims that he drove 91 miles an hour through the small community of Washingtonville with a car full of juveniles.

A Washingtonville police officer says radar showed 26-year-old Antonio DeLeon driving a Cadillac CTS 56 miles per hour over the 35 mph speed limit on State Route 14 Saturday night.

When DeLeon was pulled over, he told the officer he thought he was still on the 55 mph portion of Route 14 outside the village.

Inside DeLeon's car were four teenagers; a boy and a girl, both 14, as well as a 15-year-old girl, and a 16-year-old boy.

According to state records, DeLeon was sentenced to one-and-a-half years in prison and declared to be a Tier One Sex Offender after being convicted of unlawful sexual conduct with a minor in Cuyahoga County.  Those records say the victims were two 14-year-old girls.

DeLeon was arrested and booked into the Mahoning County Jail on charges of child endangering, speeding, and reckless operation.

Washingtonville Police tell 21 News that DeLeon's sex offender information will be presented to the court when he appears on Thursday.

Tuesday, January 14, 2020

Jamie Shannon of Richland Center WI starts online petition to keep a registrant from moving in next door to her


This is Jamie Shannon (misspelled by WKOW). She started a Change.org petition to drive a registrant out of her community. Someone should drive this fat cow to Jenny Craig.

UPDATE: Unsurprisingly, she succeeded in forcing this man out of her neighborhood.

https://wkow.com/2020/01/13/richland-center-woman-starts-petition-to-prevent-sex-offender-from-moving-in-next-door/

Richland Center woman starts petition to prevent sex offender from moving in next door

January 13, 2020
10:58 pm
Michelle Alfini

RICHLAND CENTER (WKOW) -- A Richland County mother was in for a shock when she learned a registered sex offender with a history of violent convictions would be moving in next door in a matter of days. In response, she called the Department of Corrections, garnered community opposition, and now she said she's prepared to fight for her home.

When she moved just outside of town, Jamie Shannon hoped she would find a safe home for her three children.

"That's one of the reasons we moved to the country, security and no neighbors," she said.

Then Shannon learned the long-vacant house next door would see a new tenant.

"I was notified on Tuesday of last week by the Sheriff's Department that there was a violent registered sex offender moving in less than 100 ft. from my house," she said.

Richard Sugden, 64, has spent decades in prison for convictions related to rape and child abduction.

The Department of Corrections (D.O.C.) released him in June of 2019 to Ashland County. Now it is working to move him to Richland County, the place where he committed his offenses.

"I don't understand how a repeat sexual predator gets out and gets placed next to literally the type of people he preyed on," Shannon said.

Once Sugden is placed, he will be under Department of Health Services (DHS) supervision. The agency could not comment on his specific case but Elizabeth Goodsitt, a DHS spokeswoman, explained the state program in an email.

"The first year of supervised release is akin to house arrest and the client receives more privileges only if they demonstrate the willingness to follow supervised release rules," she said.

Goodsitt said not all sex offenders face that level of supervision once they're released.

"There are tens of thousands of convicted sex offenders living across the state," she said. "As of December 10, 2019, there are 64 people living on supervised release."

For Shannon, it's not enough.

"That doesn't make me feel safe," she said. "Being six miles from town, what's the police department's response time going to be."

In response, Shannon started a petition asking the D.O.C. to consider another home for Sugden.

"I only have 200 Facebook friends and I only expected it to go that far," she said.

Instead, in less than a week, it garnered more than 3,700 signatures. She believes that's made an impact.

The D.O.C. has delayed Sugden's placement and scheduled a conference for Tuesday at 3:00 p.m. at the Richland County Courthouse to discuss the opposition.

"[I'm just hoping to see] the community coming together and saying this isn't right," Shannon said.

She hopes many of those who signed the petition will join her on Tuesday, rallying for Sugden to find freedom somewhere else.

Otherwise, Shannon said her family will likely feel like prisoners upon his release.

"As a mom, I cannot put my kids in that position," she said. "It's really sad that we'd be forced out of our home."

the fliers are not supposed to be used to harass registrants. 

Friday, January 10, 2020

Dumb quote from airheaded blonde FloriDUH State Senator but not from the airhead we're thinking of



Sometimes it is easy to forget that Lauren Book is not the only dumb blond on the FloriDUH Senate. FloriDUH State Senator Linda Stewart is proof older doesn't mean wiser.

https://www.wftv.com/news/local/seminole-county/man-accused-exposing-himself-girl-winter-springs-facing-charges/CZTDQYSD7NAHBOI7RAGDOBBXCQ/


Exerpt from: Man accused of exposing himself to girl in Winter Springs facing charges
Jeff Levkulich and Adam Poulisse
Updated: January 7, 2020

...Sen. Linda Stewart plans to introduce two bills to make lewd acts against children a felony.

One of the bills, if passed, would make committing lewd and lascivious behavior a third-degree felony, with penalties of up to five years in prison and thousands of dollars in fined.

The other bill would close a loophole regarding lewd and lascivious behavior that 9 Investigates first brought to Stewart’s attention last year.

“It’s a no-brainer, the State’s Attorney’s Office and the Sheriff’s Office and the city officers all are in favor of that because we are very limited to what we can and cannot do with this behavior," Stewart said.

She said “The problem that we have with the offenders is that they are going to offend again.

“We already know they need medical help. They need mental help and they are not going to get it if it’s a revolving door,” she said.




Thursday, January 9, 2020

NY Gov. Andrew Cuomo recycles last year's bad ideas. Well, the Shiitakes Awards can do the same

Gov Cuomo, shown here flashing White Power, or
possibly flicking away the two brain cells he once
rubbed together. 
Cuomo is not the only person keen on recycling out there. The Shiitakes love to recycle people who exploit registrants for person gains.

It is nice to know that New York State has solved all their real problems like government corruption so Cuomo makes this his keynote issue in the State of the State address. 

https://queenseagle.com/all/cuomo-subway-sex-offender-ban

Cuomo proposes transit ban for subway sex offenders
January 08, 2020
Kevin P. Coughlin/Office of Governor Andrew Cuomo, Flickr
KEVIN P. COUGHLIN/OFFICE OF GOVERNOR ANDREW CUOMO, FLICKR

By David Brand

Gov. Andrew Cuomo formally proposed banning certain sex offenders from the subway system during his annual State of the State Address Wednesday.

Cuomo had discussed the sex-offender ban multiple times last year, and he again described the concept as he listed several major transit infrastructure projects that he would like the state to pursue.

“Subway cars should not be feeding grounds for predators,” Cuomo said. People should be able to take public transportation “without being harassed, without being molested and without being groped,” he said.

The proposal would prevent “high-risk” sex offenders from using the subway system for up to three years, according to the governor’s office. The state would also establish a new law for transit-related sex crimes and would enable judges to ban convicted defendants from using MTA transportation. Convicted offenders who violate their suspension could be charged with a transit trespass misdemeanor, the governor’s office said.

The Legal Aid Society has already pledged to fight the proposal in court if it became law, stating that the legislation would restrict “access to jobs, critical services, educational opportunities and treatment programs” for people convicted of sex crimes.

“We question the constitutionality of this misguided proposal and we are prepared to challenge it in court should it become law,” the public defender organization said in a statement.

https://www.localsyr.com/news/ny-capitol-news/state-of-the-state-sexual-predators-and-social-media/

State of the State: Sexual Predators and Social Media

Michael Prentice

Posted: Jan 8, 2020 / 10:07 PM EST / Updated: Jan 8, 2020 / 10:07 PM EST

In this Tuesday, Oct. 8, 2019, photo a woman types on a keyboard in New York. Cybersecurity researchers say a coordinated cyberespionage campaign has targeted U.N. relief agencies, the International Red Cross and other non-governmental organizations groups for the past 10 months. The California cybersecurity outfit Lookout says the campaign, which uses phishing to harvest passwords from mobile phones and computers, is still active. (AP Photo/Jenny Kane)

ALBANY, N.Y. (NEWS10)  – As a part of the 2020 State of the State address, New York Governor Andrew Cuomo proposed legislation to prevent sexual predators from using new social media.

The new legislation would force sexual predators to disclose their screen names for each social media account or dating/gaming app they are on to the Division of Criminal Justice Services.

Current laws only require sex offenders to register and keep up to date all current email accounts, screen names and any other internet identifiers with the state Division of Criminal Justice Services.

DCJS will send their list to any provider that the offender discloses, and the provider will be required to review this data, develop policies on how to use it, and release this policy publicly to their users.

The new legislation would also make it a crime for convicted sex offenders to misrepresent themselves online.

Tuesday, January 7, 2020

Aaron Savage lives up to his last name by threatening villange councilman over registrant at Xmas Parade


I experienced a fire last year, so obviously I hold firefighters in high regard. But not all firefighters are heroes. This guy is anything but.

https://www.lenconnect.com/news/20200106/clayton-village-council-meeting-attendees-support-santa

Clayton Village Council meeting attendees support Santa

Man in final year on sex offender registry portrayed Santa Claus in village Christmas celebration

By Dmitriy Shapiro
Daily Telegram Staff Writer

Posted Jan 6, 2020 at 11:26 PM
Updated Jan 6, 2020 at 11:26 PM
 
CLAYTON — In a well attended Clayton Village Council meeting Monday, Clayton residents and council members expressed support for village streets commissioner John Ernest Lee, who became embroiled in controversy for appearing as Santa Claus in the village’s Christmas parade, despite being a registered sex offender.

Lee was convicted of fourth degree criminal sexual conduct in 1995, at age 23, requiring him to register as a Tier 2 sex offender for 25 years.

According to records from Lee’s appeal, which was denied by the Michigan Court of Appeals, the complainant accused Lee of grabbing her from behind, touching her breasts over her clothing and lowering his hands to unbutton her pants until she broke free.

Near the close of the meeting, village President Mark Jeffrey read a statement, backing the board’s decision to have Lee, 47, dress as Santa while riding on a village fire truck driven by Clayton Assistant Fire Chief Joe Garrow, then receiving children at the fire department’s building, giving them presents.

“When you hear this story on the news or read it online, it sounds bad. If you’re not from the village or you don’t know the people that sit on this board, it sounds horrible. But if you live here and you know the board, you see the good that they do and the good that John does, it doesn’t seem that bad,” Jeffrey said. ”... Most of us that live here know the story and many of us were here when it happened. They put him on the list and he was to stay on that list for 25 years. This November he gets off the list. Over the last 24 years the council’s felt that he has earned our trust. ... John is not a sexual predator. He’s a public servant, a father and a friend.”

Jeffrey’s statement received applause from the majority of the audience.

Prior to his statement, Jeffrey nominated Lee to serve as street commissioner for 2020, which was unanimously approved by a board vote.

Aaron Savage, a firefighter who brought the issue to light, spoke at a public comment session following Jeffrey’s statement, accusing the board of not doing its due diligence when deciding to appoint Lee as Santa Claus.

“This isn’t about John. It has been spun about John. This is directly to you the council. This is a gross misconduct to allow anybody ... on an offender list, to be ... dressed as a Santa, and ... placed into a fire department,” Savage said. “You say that it sounds bad, because if you go anywhere else, it is bad. Nobody in the general public outside of this area would agree with this.”

Savage’s statement was met with disbelief from audience and board members.

Board member Stephen DeLine II, a fire board liaison, responded to Savage’s claims by accusing Savage and another firefighter of dragging Lee’s name through the mud by bringing publicity to the situation. DeLine claimed that Savage had been at the fire board meeting when it discussed appointing Lee, but did not raise the issue at the meeting.

Savage denied that the issue was brought up at a fire board meeting.

DeLine’s earlier reading of minutes from the Dec. 19 fire board meeting did not include mention of the department’s Christmas festivities.

Board member Cathy Brown asked Savage why he did not say anything during the previous year when she recalled telling him who was in the Santa Claus suit.

Savage also denied speaking to Brown the previous year, instead he argued he spoke with a different board member.

DeLine continued, accusing Savage of threatening to kill him when he went to the fire station Friday.

“You flew off the handle and had to be held back by three other people. Threatened myself, threatened to kill me multiple times,” DeLine said. “And you threatened to kill every single one of these council members sitting at this table that made the decision to put John Lee on the fire truck as Santa Claus.”

Clayton Fire Chief Steve Nichelson, who attended the meeting, nodded his head in agreement to DeLine’s accusations.

Savage denied that he made any threats, saying that he had evidence to prove it but would not go into detail into the nature of the evidence, saying that he may need it in the future.

At the request of the council, the meeting was attended by two deputies from the Lenawee County Sheriff’s Office to ensure tensions didn’t escalate.

Lee said after the meeting adjourned that he was thankful for the support he was receiving from the meeting attendees and that he had put the conviction long behind him.

“You would probably have a hard time getting any one of these people in here to agree or disagree that I was wrongly done and accused to start with in this manner,” Lee said. “As you’ve heard numerous times throughout this, this is a 24-year-old deal. How long do you be crucified for something?”

Lee, who also served as a firefighter from the early 1990s to early 2000s, said that after serving his probation, his restrictions included that he could not loiter or live within 1,000 feet of a school.

Clayton resident Chris Timmerman said he believed Lee was a good man.

“They’re rochambeauing him ... ,” Timmerman said. “It’s driving us all apart from each other. We should be a community.”

Saturday, January 4, 2020

Tennessee once again follows Alabama's bad example by introducing a mandatory chemical castration

Tennessee has a bad habit of copying Alabama's bad ideas. First, Tennessee passed a law like Alabama's that bars many registered persons from living with their own children. Now, Tennessee is trying to pass their own version of Alabama's mandatory chemical castration law. Tennes-SEE, Tennes-DO?

(By the way, Alabama's chemical castration bill is among the finalists for the 2019 Shiitake awards, so if you haven't voted yet, CLICK HERE)

HOUSE BILL 1585

By Griffey

 AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to certain sexual offenders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:SECTION 1. Tennessee Code Annotated, Title 39, Chapter 13, Part 5, is amended by adding the following as a new section:

(a) As used in this section:(1) "Chemical castration treatment" means receiving medication,including, but not limited to, medroxyprogesterone acetate treatment or the chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person's body; and(2) "Sexual offense involving a person under thirteen (13) years of age"means a sexual offense, as described in § 40-39-202, that is committed against a person who is less than thirteen (13) years of age.

(b) If a person convicted of a sexual offense involving a person under thirteen(13) years of age will become eligible for parole for the offense, the sentencing court shall order the person to undergo chemical castration treatment, in addition to any other punishment prescribed for the offense, as a condition of parole. The person may elect to stop receiving the treatment at any time and shall not be forced to receive the treatment;however, such refusal constitutes a violation of the person's parole and the person shall be immediately remanded to the custody of the department of correction for the remainder of the person's sentence.

(c) A person required to undergo chemical castration treatment shall begin the treatment not less than one (1) month prior to being released from custody of the department of correction and shall continue receiving treatment until the sentencing court determines the treatment is no longer necessary. The department of health shall administer the treatment.

(d)(1) The person shall pay for all of the costs associated with the chemical castration treatment. The cost of the treatment is in addition to any fine, court costs, restitution, or costs of supervision. A person may not be denied parole based solely on the person's inability to pay for the costs associated with the treatment required by this section.(2) If a person required by this section to receive chemical castration treatment, upon application, claims indigency, the person must be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the person to be indigent, the court shall not waive any fees or costs unless the person proves to the reasonable satisfaction of the court that the person is not capable of paying the fees or costs within the reasonably foreseeable future. In the event the person is determined to be indigent, the court may conduct a periodic review of the person's indigent status, upon motion of the district attorney general, to determine if the person is no longer indigent.

(e) In addition to any condition of parole imposed under subsection (b), as a condition of parole, a person released on parole subject to the requirements of this section shall authorize the department of health to share with the board of parole all medical records relating to the person's chemical castration treatment.

(f) Prior to the administration of any chemical castration treatment, a medical professional shall inform the person of the effect of the treatment and any side effects that may result from the treatment. The person must sign a written acknowledgment of receipt of the information.

(g) Only a bona fide employee of the department of health may administer the treatment.

SECTION 2. This act shall take effect July 1, 2020, the public welfare requiring it, and shall apply to offenses committed on or after that date.

Wednesday, January 1, 2020

Minnesota Court rejects civilly committed registrant's bid to change legal name to "Better Off Dead"

Image result for MN-MSOP

It is New years, so you know what that means, time for the annual Shiitake Awards! Click the link to take the survey:


And for the New Year, lets start it off with an interesting case. 

I have been in contact with some folks at the Minnesota Civil Commitment Program (MSOP) and have hosted a blog on behalf of one person currently indefinitely detained for 10 years. Those in the MSOP ("Minnesota State's Other Prison" as it is derisively called on the inside) have tried many ways to share their experiences. This way certainly received some attention. I commend Mr. Better Off Dead for trying this unique protest.

Too bad the courts rejected this form of protest and I thumb my nose to this kangaroo court. 

Maybe I'll retire my old "Fallen One" moniker and legally change my name to Derek "F**k-The-Registry" Logue someday. 

MN COURT REJECTS CIVILLY COMMITTED SO’S NAME CHANGE TO “BETTER OFF DEAD”

Edited from following source: Rochelle Olson. “Court rejects sex offender's attempted name change to 'Better Off Dead'.” Minneapolis Star-Tribune. 30 Dec. 2019. 

A man indefinitely committed as a sexual predator can't rename himself "Better Off Dead" even when he claims he's doing it for religious reasons, the state Court of Appeals ruled Monday.

Hollis John Larson has been committed since 2008 under the MN SO Program (MSOP) that allows for indefinite confinement for predators. Larson "professes a religious belief involving Hinduism, Taoism, Buddhism, and Agnosticism," the court said. His desired name change is "in accordance with that religious belief and to express his freedom of speech."

A three-judge panel of the state Court of Appeals agreed with a lower-court ruling denying the name change in part because "Better Off Dead" is an idiomatic expression, contains no pronouns and is "inherently misleading."

Larson, who represented himself, said the only way for him to "achieve reconciliation with the divine is to escape the cycle of birth, life, death, and rebirth by being and remaining dead," according to the ruling.

The District Court didn't buy it, saying that the name Better Off Dead "has no known connection to any particular religious faith or belief."

Anoka Co. objected to the name change on the grounds that it would be confusing to law enforcement. The District Court, and now the Court of Appeals, agreed with that argument. The courts also said that denying the change wouldn't impinge on Larson's constitutional rights. Larson failed to convince the court that he did not intend to "defraud or mislead," the ruling said.

The inmate stated that every document "created by his current captors" with his new name Better Off Dead would also refer to his old name and wouldn't cause confusion or harm public safety. Anoka Co. countered that the name change would compromise the public's ability to maintain and access his records.

The Court of Appeals also rejected the name change on freedom of speech grounds. Larson claimed that renaming himself Better Off Dead was a "peaceful form of protest against [the government], all these entities that caused me this pain and suffering and leading to my philosophy in life." He argued that the name change would allow him to "officially communicate his life philosophy to society," the ruling said.

The case is an “unpublished opinion.” In the Matter of the Application of: Hollis John Larson for a Change of Name, A18-2153 (MN Ct of App. 30 Dec. 2019)

Tuesday, December 24, 2019

"Sex offender expert" Kurt M. Bumby allegedly shows how he got his expertise

Guess we know now why he's an "expert" on sex offenses...

Wikipedia recently deleted this guy's Wikipedia entry. Here's how it once read:

Kurt Bumby is a forensic psychologist, creator of the Bumby scales of cognitive distortion, and Assistant Clinical Professor of Psychiatry/Medical Psychology with the University of Missouri-Columbia School of Medicine. He has presented material to the U.S. Sentencing Commission on alternatives to incarceration and to the Justice Center of the Council of State Governments on sex offender reentry.

Bumby received his doctoral degree from the Law/Psychology and Clinical Psychology Training Program at the University of Nebraska-Lincoln.

In 1994 Bumby received the Graduate Research Award for Research Excellence in the Field of Sex Offender Treatment from the Association for the Treatment of Sexual Abusers (ATSA), and was a co-recipient of the Hugo G. Beigel Research Award from the Society for the Scientific Study of Sexuality in 1996. Bumby is a Clinical Member of ATSA, serving as a State Public Policy Representative, and is a clinical member of the International Association for the Treatment of Sexual Offenders.

In December of 2019, Bumby was charged with sodomy with minors in both Boone and St. Louis Counties.

https://www.moberlymonitor.com/news/20191223/sex-offender-expert-arrested-on-child-abuse-charges

Sex offender expert arrested on child abuse charges

By Pat Pratt
Posted Dec 23, 2019 at 4:07 PM 

A Columbia forensic psychologist and national leader in the field of sex offender management has surrendered to St. Louis Metropolitan Police on warrants for child sex crimes in two Missouri counties.

Court filings show Kurt M. Bumby, 50, was arrested Friday by St. Louis Metropolitan Police on a Boone County warrant for two counts of statutory sodomy and a St. Louis warrant for two counts of sodomy. Bumby was booked into the St. Louis County Jail and posted a $200,000 cash-only bond — $100,000 each for the two sets of charges — to secure his release.

Defense attorney Joel Schwartz did not return calls or emails seeking comment.

Bumby for nearly two decades served as an advisor on sex offender management to governmental agencies across the nation. He is accused of molesting two children in incidents in both counties, the oldest of those charges stretching back to 1988.

In November, Bumby was paid $280,000 to present a report to the Arizona Supreme Court.

Court spokesman Aaron Nash on Monday said the court will conduct a review of the report, which was authored by Bumby and another, but many of the recommendations seem to be in line with what many experts say are current best practices.

“Most were not controversial, they were things like treatment should be specific to the individual,” Nash said. “But this is a big deal, so it’s something the Arizona Court is taking back to the National Center for State Courts, who provided the study, just to check back in and ask is there anything in here that reflects bias, is there anything that needs to be revisited.”

In the report, Bumby advocated for the elimination of polygraphs for juveniles, which Nash said has met with some controversy. In light of the recommendation, Nash said the court did agree to a judicial officer approval before the test could be administered.

“So it (a polygraph) is still an option, but a probation officer or somebody has to make the request to a judge, with the information why they think it’s appropriate for this child and this incident, and then the judge makes a decision,” Nash said.

Missouri Supreme Court spokeswoman Beth Riggert said on Friday she was unable to locate anything which showed Bumby had presented or made any recommendation to the courts in Missouri.

From 2003 until Jan. 1, during much of the time the alleged abuse was taking place, Bumby was a senior associate with the Center for Effective Public Policy, a position in which he discussed with and presented to judges, state officials and policymakers across the nation trends in the rehabilitation and recidivism of sex offenders.

As part of his duties, he has been the director of the Center for Sex Offender Management. He also served as principal assistant to the director of the Division of Youth Services in the period from about 1999 to 2003 and prior to that as a psychologist at Fulton State Hospital.

In the Boone County case, investigators with the Missouri State Highway Patrol wrote that Bumby sodomized a child who was a family friend multiple times between 2008 and 2015 at Bumby’s home in Columbia.

The case involving the St. Louis child dates 1988 to 1994, while Bumby was attending school at the University of Missouri, and again stemmed from a relationship he had with the victim’s family. He would visit the victim’s home on the weekends and began abusing them.

Monday, December 23, 2019

NY Gov. Andrew Cuomo decides violating the rights to anonymous free speech is important enough to promote in his State of the State address.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Nebraska ruled some time back forcing registrants to disclose Internet identifiers violated the Constitution. I'm sure NY can do the same.

https://www.nbcnewyork.com/news/local/cuomo-make-sex-offenders-disclose-dating-gaming-user-names/2247781/

Cuomo: Make Sex Offenders Disclose Dating, Gaming User Names

The Democrat's proposed legislation would also make it a crime for convicted sex offenders to misrepresent themselves online

Published December 22, 2019 • Updated at 7:48 pm on December 22, 2019

New York's governor says convicted sex offenders should be required to disclose their social media screen names to prevent them from using apps to exploit children.

Gov. Andrew Cuomo said Sunday that existing laws targeting online predation don't account for new technology. His proposal, unveiled as part of his State of the State agenda, would require sex offenders to hand over screen names for dating and gaming apps, as well.

The Democrat's proposed legislation would also make it a crime for convicted sex offenders to misrepresent themselves online.

Cuomo says sex offenders currently only have to provide the state with information for their social media accounts. The state compiles that information into a list and sends it to certain social networking companies which have used it to purge accounts.

Cuomo's office says the 2008 law with those requirements has resulted in the removal of the social media accounts of 22,000 registered sex offenders.

“This powerful new tool will protect children in important ways by significantly limiting one of the main vehicles used to identify and exploit vulnerable children and youth,” said Timothy Hathaway, the executive director of Prevent Child Abuse New York.

“The added value of making 'misrepresentation' a chargeable offense provides law enforcement, prosecutors and, ultimately, communities, leverage to act more aggressively on behalf of children.”

Friday, November 22, 2019

UPMC Magee-Womens Hospital in Pittsburgh PA barred a registered person from attending the birth of his child

Feel free to call or write to express your disdain:

UPMC Magee-Womens Hospital
300 Halket St,
Pittsburgh, PA 15213
(866) 696-2433

https://www.wpxi.com/news/investigates/sex-offenders-in-hospitals-sex-offender-removed-from-the-hospital-during-the-birth-of-his-child/1011221817

Sex offender removed from the hospital during the birth of his child
Updated: Nov 21, 2019 - 11:48 PM

PITTSBURGH - Many of the stories we bring you on a daily basis here at WPXI are clear cut. They're right or wrong. But this one had us here in the newsroom debating and even questioning ourselves. It's one of those rare instances where you see both sides.

Ken Moore is a registered sex offender but never thought that would keep him from seeing the birth of his third child.

"I did what I did," said Ken Moore. "I understand that was wrong and it's something I have to live with. I was there for my other two and this one, I got to see pictures and that was about it."

Moore pleaded guilty to possession of child pornography in 2017, served 49 days in jail and was released on probation. He must register as a sex offender for 25 years, and he's not allowed to have unsupervised visits with his children. 

Moore admits he did something wrong by downloading images and movies, but he says he's now getting counseling and therapy and he says he's never harmed anyone.

Moore lives apart from his wife and children now, but in October he went to Mageee Women's Hospital with his wife for the birth of their third child. After he got his wife set up in her room, he went to tell security about his conviction. His counselor and probation officer told him he should alert security as a precaution.

"As soon as I told that guy his eyes got big and everybody started walking around and an officer came up beside me and he told me I'm sorry," said Moore. "I'm glad that you came up and came forth with that, but we're going to have to have you escorted out of the building."

"Did he give you a reason why?" asked reporter Rick Earle.

"I asked and he said, 'Because you're on Megan's Law. It's against our policy for you to be here,'" said Moore.

Moore said he was escorted off the property and wasn't even allowed to retrieve his belongings from his wife's room. He eventually got a ride home from Oakland and missed the birth of his son. UPMC told Target 11 that patient care and safety is their highest priority.

UPMC officials sent us this statement: 

"We understand the sensitivity involved when the father of the baby is found to be on the registered sex offender list. Under those circumstances, it is within the discretion of the hospital administration and security whether to permit him to visit the baby and/or his partner/wife. These decisions are made on a case-by-case basis."
Magee would not elaborate on the decision to remove Moore before the birth of his child.

Moore says security offered to escort him to the room the next day, but he declined fearing that he might be arrested. He finally got to see his son when his wife returned home.

Wednesday, November 20, 2019

You can say that Brian Mastre of WOWT 6 Omaha is a Mastre-Baiter

What a poorly written sweeps week fluff piece. Mastra-baiter writes about a single anecdotal example and proclaim that "pedophiles" and "predators" are "slipping under the radar" based upon a single unique set of circumstances. We have this bloated government blacklist of more than 900,000 people, including children as young as age 9, and instead of questioning why we have so many people on this list who aren't a danger to society, Mastre-baiter point to a single anomaly and report it as if it is some kind of epidemic. This is why people distrust the mainstream media.

https://www.wowt.com/content/news/Inconsistent-sex-offender-laws-give-pedophiles-predators-a-chance-to-slip-under-the-radar-565127992.html

Inconsistent sex-offender laws give pedophiles, predators a chance to slip under the radar

By Brian Mastre | Posted: Mon 9:00 PM, Nov 18, 2019  | Updated: Mon 10:57 PM, Nov 18, 2019

COUNCIL BLUFFS, Iowa (WOWT) -- Today marks the 76th day Michael Brandstrom has been locked inside the county jail in Council Bluffs. He won’t be getting out anytime soon after admitting last week to kidnapping a 4-year-old girl who was wandering around his apartment complex in September and taking nude photos of her with his phone.

"That poor girl will never get her innocence back, ever. It’s nauseating," one neighbor said to 6 On Your Side.

They said heard from 6 News reports that he was arrested years ago for a child sex crime in North Dakota.

“This is just mindblowing,” another said, wondering why Brandstrom wasn’t on the sex offender registry?

6 News asked Investigator Jon Hilz with the Pottawattamie County Sheriff’s Office.

“It’s a pretty acceptable practice that if you have to register in one state, you’d have to register in another,” he said.

Hilz has spent the last four years making sure the county’s 250 registered sex offenders followed the rules regarding where they live and work and visit.

“You just want to prevent further offenses on folks by registered sex offenders,” he said.

Before the Iowa kidnapping, Hilz never had to check on Brandstrom — even though he had been convicted in another state of terrorizing a little girl — because Brandstrom wasn’t required to register in Iowa.

Or in North Dakota. Or anywhere.

The reason baffles investigators to this day.

On Aug. 30, 2011, Det. Conley with the Grand Forks Police Department brought Brandstrom into an interview room to get some answers.

The suspect was 20-years-old at the time.

“Tell me how you touched these kids so I can tell them it wasn’t their fault," Conley is heard saying on the recording.

Officers had received complaints that Brandstrom and his friends were inappropriatel y touching girls on the swing-set and monkey bars at a trailer court playground.

“I remember lifting them up onto the monkey bars, guiding them across in case they accidentally fall," the suspect is heard responding on the recording.

For more than an hour, Brandstrom wrestled with his answers and the apparent truth.

“You don’t want that child to keep wondering, 'Why me? Why me? Why me?' " the detective says.

Eventually, Brandstrom told Conley this about his 6-year-old victim: “I’m sorry for tickling the little girl’s vagina, and that I deeply regret it.”

In November 2012, Brandstrom pleaded guilty to terrorizing. The judge sentenced him to three years of supervised probation. She did not require him to register as an offender against children, even though terrorizing is one of the crimes that fit the requirements.

Two weeks later, Brandstrom was found with child pornography — numerous pictures of female minors depicting sexual conduct — on his computer in his bedroom.

His probation was revoked, and another judge eventually sent him to prison for three years. He also ordered Brandstrom to complete sex offender treatment while in prison — and yet, he still didn’t have to register as a sex offender.

Those in Iowa who became Brandstrom’s new neighbors don’t get it. If you’re supposed to take a sex offender class while locked up, logically speaking – shouldn’t you have to register as a sex offender, too?

Legal experts tell 6 News that judges in North Dakota are allowed to deviate from the registration requirement under certain circumstances.

Douglas County Attorney Don Kleine said that's not the case here.

“I don’t think our judges have that type of discretion," he said. If someone is convicted of a certain crime, you’re forced to register as a sex offender."

But if states continue to operate with different sets of standards, how can the public know if they have dangerous neighbors?

While Brandstrom went from a North Dakota playground to the one in the middle of his Iowa apartment complex — and it’s eerily similar — there’s one big difference between sentences and the judge’s order: With his recent conviction for taking nude photos of a 4-year-old, Iowa law requires Brandstrom to register as a sex offender for the rest of his life.

The two North Dakota judges involved in this case are both retired now. One is a practicing attorney; 6 On Your Side emailed her twice for comment but did not hear back.

Sunday, November 17, 2019

Jenny Day of KYMA 11 in Yuma AZ is 99% WRONG on re-offense rates but has a simple one word fix

I can think of a more fitting award for this bimbo...
Not only did she cite only one bogus stat, she made it a point to use that stat TWICE in this sweeps week fluff piece. Her stat is just an ass pull from a victim cult known as Amberly's Place.

She should just do her reporting wearing a shirt saying 97% of stats are made up, who cares about the other 4%"

But a simple fix could change this article, just add the word DON'T before the word "re-offense" and it would be correct.

https://www.kyma.com/news/released-to-reoffend-news-11-investigates-the-sex-offender-next-door-1/1142360703

Released to Reoffend: News 11 investigates the sex offender next door
By: Jenny Day 

Posted: Nov 14, 2019 06:57 PM MST

Updated: Nov 14, 2019 06:57 PM MST

News 11 investigates the sex offender next door:

Statistics show 99% of child sex offenders reoffend, yet they are still being released into our community. 

We spoke to police, probation, victim advocates, lawmakers and even knocked on the doors, of those who have spent years in prison and now have to register as a sex offender for life.

Convicted sex offenders have to inform law enforcement of where they'll be living, even if homeless these predators have to tell police something - even under the bridge off First Street is sufficient. Every time they move, police put it on social media, those who live nearby are alerted and we put it on the news. The goal isn't to instill fear, rather keep you informed.

"It doesn't mean something is going to happen, doesn't mean they're a violent person, we want you safe and to be alerted,"  Sgt. Lori Franklin said, of the Yuma Police Department.

In Yuma County, sex offenders are living among us.  "I don't know if we have more, or we are just reporting more," Stephanie Pla said, from Adult Probation.

On average - 60 people are on probation at a time, in Yuma County.  "We see a lot of child pornography, putting cameras where they shouldn't be and there's been an upswing in revenge porn," Pla said. Over the years, she's seen her share of success stories.

"They get married, have kids, get a good job and get back into society - there's nothing more rewarding." But she has also seen the other side. "A lot of it has to do with control. They are very narcissistic, they don't care who they hurt, as long as they can please themselves," Pla said.

We set out to ask them for themselves. After knocking on several doors, some convicted sex offenders told me to get off their property, others chose to tell their story.

"It involved me and my step daughter. She told her mom I was molesting her friend, but I was just fixing her bra."  This man spent decades in prison. He was convicted in 1981 for sexual conduct with a minor then again in 2001, for the attempted molestation of a child.

I asked, "Do you think you're a danger to children?  He replied, "I have grand kids. No!"

The Yuma County Sheriff's Department has listed him as level three, meaning he's been deemed the highest risk to re-offend - yet after serving his time, he is now a free man. "I don't really care what the public thinks, because I don't have to answer to the public."​​​​​​​

He took part in sex offender rehabilitation programs while in prison - that he says did help - possibly even shed light on a motive,  sharing with me, he was molested by his father, starting at just four years old. He says he endured that torture another 12 years.  "I assumed the same mindset, my core beliefs got warped."

Statistics show it is indeed often someone you know. "94% of the time, it's a family member,"  Dianne Umphress said, who started the family advocacy center, Amberly's Place in Yuma, 20 years ago. It's grown into an empire. She said, "We have five sexual assault nurse examiners on call 24-7. The youngest victim we've had was just four months." And the oldest to date - 85 years old.

In the first year, Amberly's place saw 48 victims come forward - now, they help about 2,500 people each year.  And still sexual assault is the most under reported crime; one in six women have a story to tell. "Seeing broken people come in here, and they leave not quite so broken, that's where my passion comes from," Umphress added.

Her motivation also comes from a murder that remains a mystery today. "Amberly was a young girl, she was murdered in her own home and sexually assaulted in 1996," Umphress said.

It was around the time, Dianne was building this safe haven for victims of abuse, to have a place to come forward and get help. She was given the blessing by Amberly Mendoza's mother. Since then, Amberly's name, story and legacy have helped change the lives of thousands of now survivors. "Even when the worst thing happens, there's life after abuse. You can survive. You can still have a happy life," Umphress said.

Through this story, I learned silence is the biggest factor for why abuse continues.

Everyone agrees, more needs to be done. Again, Amberly's place statistics have stayed the same for 20 years, showing 99% of child sex offenders re-offend.

Police catch the predators, probation keeps an eye on them, so change would really have to come in the form of a new law. I reached out to several lawmakers. Congressman Paul Gosar, (R) Arizona said, "It defies common sense that these offenders receive light sentences, and are often released into society when the data shows high risks of recidivism." He says he is looking for legislative solutions to 'hold these horrendous offenders accountable, and keep america's children safe.'

Representative Walter Blackman (R) Arizona, said in part, "There are some who believe we should include sex offenders as part of the criminal justice reform debate," but he says he can't support that.

And, Representative Tim Dunn (R) Arizona says "Longer prison sentences for violent, high risk sex offenders are only a partial solution – there also needs to be cooperation at the state and local levels to ensure that resources exist to both reduce recidivism and keep our communities safe."

Those convicted of child sex abuse serve between five years to life in prison, then those released are on probation for ten years to life. "Sex offenders are not allowed to be released early. They have to serve their entire sentence," Pla said.

Probation often includes drug and alcohol tests and random - surprise check ins. We just happened to be there for one. Officers showed up, as we were door knocking.  Registered sex offenders are also required to hand over the passwords to every electronic. The internet opens up your child, to a world of sexual predators.

ADDENDUM!

KYMA 11 attempted... BUT NOT SUCCEEDED... in making corrections to this brown journalism piece. Below is what they wrote, but honestly, this attempt at correction is virtual turd polishing.

According to the Department of Justice, the recidivism rate for sex offenders hovers around five percent after three years and 24 percent after 15 years.

According to SMART - The office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking, for pedophiles - it shows the highest rate for boy molesters after 15 years was 35 percent and for girls molesters, 16 percent.  A study conducted by Harvard Medical School shows recidivism rates between ten and 50 percent for pedophiles.

News 11 first reported that 99 percent of child sex offenders reoffend, after an interview with Diane Umphress, of Amberly's Place. Umphress clarified her comment by stating that  99 percent of pedophiles cannot be cured, meaning they will not lose their urge for children. Umphress says this number comes from a recent training done by National Children's Advocacy Center in Washington D.C.  https://www.nationalcac.org/

Exact re-arrest rates are not known, because these sex crimes against children often go unreported. Amberly's Place reports only one in nine children ever report abuse.

Sunday, November 3, 2019

Bigoted Georgia State Senator Greg Kirk makes it obvious the intent of GA's GPS monitoring law is punitive


Earlier this year, the GA Supreme Court declared lifetime GPS for people not on paper was unconstitutional. Now the Georgia legislature is back in session, deciding how they can try to circumvent this ruling. REPUBLICAN State Senator Greg Kirk is making his intentions clear. Greg Kirk is already a controversial figure for being discriminatory policies against the LGBTQ community, so his quotes below aren't shocking to anyone who knows this clown.

https://www.valdostadailytimes.com/cnhi_network/lawmakers-grapple-with-supreme-court-ruling-on-sexual-predator-monitoring/article_27353418-fb3e-11e9-a49d-df101a5fb7eb.html

Sen. Greg Kirk, R-Americus, sponsored a Senate resolution last session to convene a study committee to examine how Georgia laws could satisfy the court ruling but also keep communities safe from dangerous sexual predators who are likely to reoffend.

“I want to send a message that if you’re a sexual predator Georgia is not the place you want to be. You don’t want to live here, you don’t want to come here, you certainly don’t want get caught here, we don’t want you in our state and messing with our children,” Kirk said during the committee meeting. “Children are vulnerable and we need to do everything we can to protect them at all times and all costs. There’s certain lines in life that when you cross, you don’t get a redo, there’s certain things you just don’t get a redo on and that’s one of them in my opinion.”

https://georgiarecorder.com/brief/georgia-high-court-pushes-lawmakers-to-fix-sex-offender-monitoring/

“I don’t know what the answer is,” state Sen. Greg Kirk, an Americus Republican who sponsored the study committee. “But at the end of the day, if you’re a sexually dangerous predator, I want you followed for life in the state of Georgia.”

Friday, November 1, 2019

Laura Valdes of the Yolo Co CA persecutor's office doesn't seem to understand how GPS or crimes occur



As the old saying goes, the lights are on but nobody's home.

https://sacramento.cbslocal.com/2019/10/30/tracking-sex-offenders-gps-power-outages/

Could GPS-Tracked Sex Offenders Go Unmonitored During Power Shutoffs?

By Shirin Rajaee
October 30, 2019 at 7:10 am

SACRAMENTO (CBS13) – Hundreds of thousands of Californians remain in the dark as another round of planned power outages hit California. Parts of 29 counties and nearly 600,000 customers are affected. And now the shutoffs are raising new concerns that violent offenders could take advantage of the outages.

Victims rights groups say the fear is real. They want to make sure offenders using tracking devices are being monitored.

“They’re not only worrying about electricity in their home, and water from their well, but they have to worry about their perpetrator not being monitored,” said Laura Valdes, victims rights advocate with the Yolo County District Attorney’s office.

With no electricity, sex offenders are not able to charge their tracking devices, which need to be recharged daily.

“If their GPS monitors are not able to be re-charged, they have an excuse, a free ticket to re-harm their victim or someone else,” she said.

Sacramento County supervising probation officer Clifford Foster said that during critical incidents, officers increase their staff and home visits.

“We’ll have extra officers going out and checking up on our offenders,” said Foster. “When we notice someone’s device is not charging, we’ll have field officers bring batteries that are charged.”

He adds, “through the device, we can send messages to the client to call us.”

The California Department of Corrections and Rehabilitation and several county probation departments say there have not been any issues.

“GPS devices worn by parolees hold a charge for an extended period of time and agents are alerted and monitor low-battery status,” CDCR said in a statement.

State and county agencies are monitoring closely and say there is no increased safety risk.

“We are making every effort possible to keep in contact with all clients, no matter what conditions they have with their GPS,” said Foster.

Wednesday, October 30, 2019

Deja BOO -- Butts County GA Sheriff Gary Long LOSES his fight to post Halloween lawn signs in yards of registrants


Sheriff Long was nominated for a Shiitake award on this exact date last year for misinterpreting a GA law to justify Halloween lawn signs, and this year, he tried th signs again. Well now that he chose to fight -- AND LOSE -- a battle to keep the signs posted in the yards of registered persons.

Court ruling can be found at https://floridaactioncommittee.org/wp-content/uploads/2019/10/Butts-County-Halloween-Sign.pdf

Media report on the ruling:

https://www.11alive.com/article/news/local/federal-judge-rules-partially-in-favor-of-butts-county-sex-offenders/85-d22c5d04-1b7b-4f4c-aaab-aba0630359fb

Judge issues ruling favoring sex offenders who sued Butts County sheriff over 'no trick-or-treat' signs
A federal judge heard arguments in court last week and handed back the decision, Tuesday.
Author: Adrianne M Haney
Published: 5:30 PM EDT October 29, 2019
Updated: 7:51 PM EDT October 29, 2019

ATLANTA — A federal judge has issued a ruling favoring - in part - three registered sex offenders who sued the Butts County Sheriff, calling the "no trick-or-treat" signs the sheriff placed in their yards an abuse of power.

Last year, Butts County Sheriff Gary Long had deputies place the signs in the yards of the registered sex offenders in the days leading up to Halloween, alerting parents and trick-or-treaters that they should avoid those homes.

"My office took precautions and placed signs indicating 'No Trick-or-Treat' at each registered sex offender’s residence in the County," Sheriff Long said. "This was done to ensure the safety of our children."

Georgia state law prohibits registered sex offenders from placing Halloween decorations on their property. But several of the sex offenders objected to the signs, saying it made them a target and was an overreach by the sheriff. Three of those offenders ended up filing suit, arguing that the yard signs went too far - breaking the law in the name of enforcing the law.

“State law does require him to notify the public in very specific ways, and none of those ways includes placing signs on registrants’ lawns," explained Mark Yurachek, one of the attorneys representing the plaintiffs.

According to the lawsuit, the offenders questioned whether the sheriff "exceeded his authority" in putting up the signs and whether deputies trespassed on their properties in doing so. The suit also says the deputies' actions caused harm, including "anxiety, embarrassment and humiliation," and damaged their ability to trust law enforcement. They sought a jury trial and damages.

A federal judge heard arguments in court last week and handed back the decision, Tuesday.

"The question the Court must answer is not whether Sheriff Long’s plan is wise or moral, or whether it makes penological sense. Rather, the question is whether Sheriff Long’s plan runs afoul of the First Amendment of the United States Constitution. It does," the ruling states.

In the ruling, the judge granted the named plaintiffs' motion to prevent the sheriff's office from posting the signs in the named plaintiffs' yards. However, the judge declined to offer damages. The court also declined to enter into a sweeping injunction in favor of all registered sex offender, but warned the sheriff's office "should be aware that the authority for their blanket sign posting is dubious at best and even more dubious if posted over the objection of registrants."

The court continued, saying that the ruling does not limit the sheriff's discretion "to act on specific information suggesting a risk to public safety. But he cannot post the signs over the named Plaintiffs’ objections simply because their names are on the registry."

In a statement to 11Alive following the judge's ruling, Yurachek, the attorney, said his clients were "thankful" to the court's "thoughtful and measured decision."

"There is a long way to go in this action and, although we decline further comment specifically addressing the litigation, we are hopeful that this decision indicates that, as with this preliminary issue, we will prevail in the permanent injunction action and the lawsuit in general," the statement continued. "We hope for and wish that every child in Butts County and in every community in the country enjoys a joyful and safe Halloween and note, as the Court’s opinion did, that the lack of signs in front of registrants’ homes will not affect either their joy or their safety this year or any other year."

He added that he would hope the ruling gives the sheriff "pause about putting up signs this Halloween or in the future."

11Alive reached out the sheriff's office for a comment on the ruling. They posted a response on their Facebook page saying they will continue to fight the lawsuit, but will not put up any yard signs while the suit is pending.

"The judge in this matter has ruled that I can NOT put signs on the right-of-way of the three offenders that filed the lawsuit. While I respectfully and strongly disagree with the judge’s ruling, I must abide by the ruling," the sheriff said.

The sheriff added that he sought advice from the Prosecuting Attorneys Council in 2018 before deputies placed the signs, who gave specific instructions on how to place them in compliance with Georgia Law.

In lieu of the signs, the sheriff said he will keep a "very strong presence" in the neighborhoods where there are known sex offenders. He also added that while some may be disappointed with the ruling, he strongly encouraged they "NOT take matters into your own hands this Halloween."

"We understand frustration with the Judge’s ruling, but we all must abide by it unless it is overturned on appeal. Unfortunately, there is no time to appeal before this Halloween," the sheriff said. "My promise to the citizens of Butts County is to protect the public, especially the children."

Saturday, October 26, 2019

Granville NY area church cancels Registered Person's wedding following threats of protests

I understand that some folks get scared when there are online threats, but I've dealt with vigilant trolls for years, and all Internet gangsters are chickens in real life. And Christ stood up for what was right, even at the cost of followers and ultimately his life. That's why I feel the church was wrong to kowtow to the people threatening to protest. I feel like a great opportunity to teach about the boldness of Christ was lost by chickening out.

Protest my wedding and I'll come out and take selfies with you.

https://poststar.com/blogs/don_lehman/blog-church-pulls-plug-on-sex-offender-s-wedding/article_2d441ae6-f02c-5499-a460-19f9125938be.html

BLOG: Church pulls plug on sex offender's wedding
Don Lehman Oct 22, 2019

Many people who followed David Saladin's child sex abuse case for molesting children at a daycare center where he worked believe he should be in state prison.

Instead, because the Warren County District Attorney's Office had concerns about evidence in his case and having two young children testify at a trial, Saladin was offered a plea deal that includes 10 years on probation.

(Saladin pleaded guilty to all of the charges against him, with an understanding that he would not be sentenced to jail.)

That sentence did not sit well with many who followed the case, understandably so. But when word got out on social media in recent days that Saladin was planning to get married days after his sentencing, and the invitation that was posted on Facebook talked of the "fairytale" relationship, the you-know-what hit the proverbial fan.

The wedding was to be held Saturday at South Granville Congregational Church.

Pastor Rick Backus said that he was aware Saladin had been accused of child sexual abuse after the wedding was booked, but in light of the fact he hadn't been convicted the wedding was going to be allowed. But after he was sentenced last week, Backus said it was decided the church would not allow the ceremony under the circumstances.

Many reached out to the church through Facebook on Monday and Tuesday to express their concerns about the wedding, before learning the church had pulled the plug. Some talked about going to the church to protest during the wedding.

"My phone was going off like crazy," Backus said. "I got about two hours of sleep last night."

-- Don Lehman

Friday, October 18, 2019

Duane Pohlman of Cincinnati's Local 12's sweeps week fluff piece attacks registrant for daring to reform the laws



No, it isn't me or anyone I know. But if Ohio starts background checks before allowing anyone to speak out against bad legislation, it will be bad for this entire movement.

https://local12.com/news/investigates/local-12-investigation-leads-lawmakers-to-consider-background-checks-at-ohio-statehouse

Local 12 investigation leads lawmakers to consider background checks at Ohio statehouse
by Duane Pohlman, WKRCTuesday, October 15th 2019

COLUMBUS, Ohio (WKRC) - A day after a Local 12 Investigation revealed that a child sex predator hid his criminal background when he met with some of Ohio’s most powerful lawmakers and other leaders, State Rep. Tom Brinkman says he has asked whether better background checks are needed to find out who is really meeting with legislators.

NOT AWARE

Brinkman made it clear he was not aware James Kronenberger, the founder of Fair Treatment Reform and Re-entry (FTRR), was a registered sexual predator who had been found guilty several times over nearly four decades for sex crimes against young children.

CLICK HERE FOR LOCAL 12 INVESTIGATION, “HIDDEN PAST”

“If I would have known the information, things would have been a little bit different,”Brinkman said, conceding he not only met with Kronenberger, but worked with FTRR to draft a prison and parole reform bill -- a proposed mandate reforming Ohio’s prison system as well as providing early parole to non-violent offenders.

When I spoke with Kronenberger nearly two weeks ago, he said he often met with lawmakers, including Brinkman, as he pushed for prison and parole reform at Ohio’s statehouse. When asked how often he met with lawmakers, Kronenberger told us, “I come down here, usually two to three times a week.”

NOBODY ASKED

Kronenberger admitted he didn’t tell any of the state’s powerful lawmakers about his convictions for sex crimes against children as young as 5 years old, nor did he discuss details of his convictions for enticement, attempted kidnapping and harassment that led to him spending nearly 25 years in prison.

When asked why he withheld the information, he said, “I just never thought of it,” adding, “Nobody asked.”

Brinkman confirmed he and his office never vetted Kronenberger. No one on his staff even conducted a simple Google search.

“None was done at all,” Brinkman conceded.

TERRIFYING

“It’s terrifying,” said Bret Vinocur, the founder and president of Block Parole, Inc, an organization dedicated to keeping violent offenders in prison for their maximum sentences.

“You would think that members of the legislature who are working with people would vet them,” Vinocur said, after learning that lawmakers never conducted a basic search to find out who Kronenberger was.

Vinocur then quickly turned to question the validity of Brinkman’s bill calling for prison reform.

“The whole bill is tainted,” Vinocur said.

BACKGROUND CHECKS?

But Brinkman insists prison and parole reforms outlined in his bill are still needed but says the fact that Kronenberger didn’t disclose his disturbing past is a big problem.

“I wish I would have known who I was dealing with. There’s no question about that,” he said.

Now, Brinkman confirms he has asked the human resources office at the Ohio legislature to determine whether background checks should be made available to lawmakers before they meet with individuals like Kronenberger.

Thursday, October 17, 2019

Recycled Ohio State Senator introduces recycled Green "Sex Offender" Car Tag idea

The color green is all about recycling, but one thing that should never be recycled is a bad idea. Neither should bad politicians. Ohio Senator Tim Schaffer, a former state Senator recently appointed to fill an abandoned post, is recycling a braindead idea that was heavily ridiculed back in 2007-- silly green license plates for registered persons.

In 2007, the bill was SB 56 and it thankfully went nowhere. While this bill is limited to Tier 2s and 3s, Ohio is an AWA state so most registrants are Tier 2 and 3 in Ohio.

Below is a link to the bill text.

https://legiscan.com/OH/text/SB217/2019

Wednesday, October 16, 2019

Kenton Co KY ASSistant Persecutor Kyle Burns abuses the law to force RC neighbor to move

Prosecutors are the TRUE scum of the earth. I'd love to pass laws to displace prosecutors from moving out of the sewers they originated from. Whis one in particular is a real piece of crap.

https://www.cincinnati.com/story/news/local/northern-ky/2019/10/15/fort-mitchell-neighbors-wanted-playground-pocket-park-displace-sex-offender/3817764002/

'It will also prevent this from happening again.' Neighbors, including local prosecutor, sought park to displace sex offender

Julia Fair, Cincinnati Enquirer
Published 9:56 p.m. ET Oct. 15, 2019 | Updated 7:53 a.m. ET Oct. 16, 2019

FORT MITCHELL, Ky. – In a neighborhood of broad lawns and trees, residents wanted one of their neighbors to leave – and they seized on an unusual way to try and get the city's help to force him out. 
The drama involved a local prosecutor, a sex offender, and a tiny sliver of land along Dixie Highway with a handful of benches and a doggy bag dispenser.

In the spring, a registered sex offender moved in next door to Kyle Burns, who also happened to be an assistant Commonwealth attorney for Campbell County.

Burns had an idea: Get the Fort Mitchell Park Board to put a playground in that space. That playground would change everything for everyone; It would be publicly owned –  and would force the offender to move.

Kentucky law specifies that sex offenders can't live within 1,000 feet of a publicly owned playground. The sex offender would have to move within 90 days.

Burns promoted the idea with his neighbors in Facebook messages obtained by The Enquirer.

In early September Burns got a meeting with the park board to talk about why the city’s first so-called "pocket park" should go in his neighborhood, according to records obtained under a Kentucky Open Records Act request.

“I have talked to multiple city officials about converting Pauly Park (green space at the front of the neighborhood) into a playground, and they seem interested,” Burns wrote to the group on Facebook messenger. “Not only would it give our kids something to walk to (once this guy is gone that is) but it will also prevent this from happening again."

Burns declined to comment on the park or the Facebook messages when The Enquirer reached out to him.

Where can sex offenders live?

When the offender was 24, he was charged for third-degree sodomy with a 15-year-old. After violating probation, he spent five years in prison; he must register as a sex offender for 20 years.

The Enquirer could not reach the offender for comment.

Advocates for sex offender civil rights say laws specifying distance limits - from schools, parks, and so on – are sometimes abused. The Alliance for Constitutional Sex Offense Laws (ACSOL), a California-based group, said pocket parks “effectively keep registrants out of neighborhoods and sometimes entire towns.”

“They also break up families,” the group's executive director Janice Bellucci told The Enquirer in an email. “For example, a family may own or rent a home that a registrant is no longer able to live in due to creation of (a) pocket park. The family can’t afford to rent or buy a second home and therefore registrant becomes homeless often living in his or her car.”

It doesn't seem that Burns mentioned his neighbor during his meeting with the park board. Instead, he talked about how the playground could be good for local businesses, a way to get neighbors to spend more time together, and would “serve a purpose,” according to public meeting documents.

Residents would pay for the playground, Burns told the board, up to $50,000.

If the playground wasn't publicly owned, Burns' neighbor could stay in the Kenton County neighborhood.

Those meeting notes don’t explicitly say the playground would force the offender to move, or even mention the offender, but the Facebook messages do.

“He would have 90 days to move but hopefully he is gone soon,” Burns wrote to his neighbors who had questions about the logistics of the pocket park. “But it would prevent us from ever being in this position again.”

What Fort Mitchell officials did

In late September, the neighbors got the city more involved with their plan.

The park board held a public meeting about the pocket park on the lawn where the playground would go at the corner of Sunnymede Drive and Cornell Avenue. Thirty-two residents gathered beneath the shaded trees to share their feedback over the sounds of Dixie Highway, which sits just over a hill from the potential park.

Most comments were positive, with a few concerns about traffic, according to public records.

“The park board likes the area here because of all the work that is going on downtown,” said Parks Director Kyle Bennett in an email to a resident asking more about the park. “It is the perfect area to start having smaller pocket parks throughout the city.”

The Enquirer asked City Administrator Sharmili Reddy if the city was aware the neighbors wanted the park to compromise the offender’s current home.

She provided a statement from the park board, which did not answer that question.

The city has been exploring the broad pocket park idea for over two years, the park board said in the statement. Other cities in Kentucky have had pocket parks for decades, it added.

The Fort Mitchell park board doesn’t have a budget for pocket parks yet.

“Our goal is to look beyond individual intentions and do what is best for the community based on the feedback we get,” the park board said in a statement.

“If building a park there happens to keep registered sex offenders out … that could only increase the safety of the neighborhood and increase property values,” said Kenton County Commonwealth Attorney Rob Sanders.

Friday, October 11, 2019

Kansas City media freaks out over registered person's lawn art

I can't imagine this "lawn art" is all that attractive but leave it to the new media and a few nosy Nellies to make the jump from art being tacky to art being a lure for kids.

https://www.newsweek.com/sex-offenders-art-sculpture-allegedly-attracts-children-disrupts-neighborhood-1463965

SEX OFFENDER'S ART SCULPTURE ALLEGEDLY ATTRACTS CHILDREN, DISRUPTS NEIGHBORHOOD

BY MARIKA MALAEA ON 10/8/19 AT 6:16 PM EDT

An art sculpture in the front yard of a Kansas City home attracts a lot of children, which has the surrounding neighbors upset. Normally such art wouldn't be a problem, though in this case, it's in the yard of a registered sex offender.

The sculpture is made of hanging bikes, and a majority of the bikes look like they're for kids. The neighbors thought it was a piece of art until they found out the creator and man who lives there is a registered sex offender in Missouri.


"They got my attention with these bikes up here. They got put up here. I thought it was art, and it was nice. But if it got my attention, it'll get another child's attention," a woman who visits family in the neighborhood told WDAF.

The man's name is Fidel Nunezreyes. He was most recently convicted of statutory rape in 2004. His victim was an underage female.

Neighbors said he has lived in this neighborhood for about three years. Other residents said they wish Nunezreyes would have told them his status.

Missouri laws require sex offenders to register within three days of following a conviction or release from jail or prison. The Missouri Sex Offender Registry lists June 2005 as Nunezreyes' confinement release date.

Registration as a sex offender is required for anyone who has pled guilty to or been convicted of a number of crimes, including rape, child molestation, sexual misconduct, kidnapping a child, sexual exploitation of a minor, possession of child pornography, sexual abuse of a child and many more.

Those who plead guilty or no contest to these crimes are also required to register as sex offenders.

Many sex offenders are not allowed within 500 feet of school grounds, and while there are a handful of schools in the area—including two elementary schools, two middle schools, a charter school, a performing arts high school and an early education center—they fall outside of the 500-foot range from Nunezreyes' home.

Neighbors are concerned that the hanging bike art sculpture will continue to attract kids to his home, leaving the children vulnerable to someone has proven to be untrustworthy with a child in the past.

"I feel like the children aren't safe around here. I don't feel like the kids are safe because he still never said nothing," one neighborhood woman said.

People who frequent the area said along with the sculpture, Nunezreyes needs to leave the neighborhood.

According to Family Watchdog, a free service that allows you to view known registered offenders and predators in your area, there are 1,511 known and mapped offenders in Kansas City, Missouri.