Showing posts with label 2018 Dumbest/ Worst Pol. Show all posts
Showing posts with label 2018 Dumbest/ Worst Pol. Show all posts

Saturday, December 8, 2018

Al­le­gheny Co PA Com­mon Pleas Judge Donna Jo McDaniel gets booted from resentencing hearing of SO


An appeals courts rules against your court ruling and remands the case for resentencing. What do you do? If you're Donna Jo McDaniel, you respond by making the same ruling in defiance. This worthless excuse of a judge needs to be removed from the bench.

https://www.post-gazette.com/news/crime-courts/2018/11/28/allegheny-county-judge-donna-jo-mcdaniel-sex-offender-superior-court-remand/stories/201811280162

Superior Court removes Allegheny County judge from sex offender's resentencing 

PAULA REED WARD
Pittsburgh Post-Gazette
pward@post-gazette.com
 NOV 28, 2018

The state Su­pe­rior Court, in a rare move Wed­nes­day, or­dered Al­le­gheny County Com­mon Pleas Judge Donna Jo McDaniel to be re­moved from a case, find­ing that there was “sub­stan­tial ev­i­dence” that she “demon­strated bias and per­sonal an­i­mus” against both the de­fen­dant and the pub­lic de­fender’s of­fice rep­re­sent­ing him.

The three-judge panel of the ap­pel­late court wrote a blis­ter­ing 13-page opin­ion that also or­dered that An­thony McCau­ley be sen­tenced again by a new judge. It is one of a se­ries of opin­ions by the Su­pe­rior Court dat­ing to Jan­u­ary 2017 in which Judge McDaniel has been ques­tioned for her sen­tenc­ing of sex of­fend­ers.

“The trial court’s an­i­mus and hos­til­ity to ap­pel­lant’s coun­sel and the [Al­le­gheny County] Pub­lic De­fender’s of­fice ap­pears to be deep, un­wav­er­ing and dem­on­strates an un­jus­ti­fied bias against the Pub­lic De­fender’s of­fice,” wrote Su­pe­rior Court Judge Alice Beck Dubow.

The Su­pe­rior Court also crit­i­cized Judge McDaniel for us­ing in­ap­pro­pri­ate sar­casm in her writ­ten opin­ion; for de­ny­ing McCau­ley a fair and con­sti­tu­tional sen­tenc­ing hear­ing; and for fail­ing to fol­low pre­vi­ous Su­pe­rior Court or­ders, there­fore wast­ing ju­di­cial re­sources.

Ordered to redo an 'unreasonable' sentence, judge responds by imposing the exact same punishment. In a foot­note, the ap­pel­late court also chas­tised her for in­clud­ing the full name of the child vic­tim in McCau­ley’s case in her opin­ion.

“Not only do we dis­ap­prove of this prac­tice, but it is also con­trary to [Penn­syl­va­nia law], which makes it a crim­i­nal of­fense for an of­fi­cer or em­ployee of the court to re­veal the name of a mi­nor vic­tim of sex­ual abuse in doc­u­ments avail­able to the pub­lic,” Judge Dubow wrote.

Although the pros­pect of re­fer­ring Judge McDaniel to the Ju­di­cial Con­duct Board was raised by the pros­e­cu­tion dur­ing oral ar­gu­ment on McCau­ley’s case in April, the Su­pe­rior Court opin­ion does not men­tion the dis­ci­plin­ary or­ga­ni­za­tion.

Judge McDaniel could not be reached for com­ment.

Amie Downs, the county’s spokes­woman, de­clined com­ment on be­half of the pub­lic de­fender’s of­fice.

The most re­cent case to bring scorn from the Su­pe­rior Court was an ap­peal of a sec­ond sen­tenc­ing pro­ceed­ing for McCau­ley, 45. He was con­victed in 2014 of rape and years-long abuse of a girl.

Ini­tially, Judge McDaniel sen­tenced McCau­ley to 20 to 40 years in prison. On ap­peal, McCau­ley’s de­fense at­tor­ney ques­tioned whether that pen­alty was man­da­tory or dis­cre­tion­ary.

The Su­pe­rior Court sent the case back to Judge McDaniel in Oc­to­ber 2016 and told her to clar­ify that ques­tion.
At re­sen­tenc­ing in Decem­ber 2016, she did not ad­dress that is­sue, the court found, and in­stead changed the pen­alty only slightly — to 20 years less two days to 40 years less four days.

Judge McDaniel did not al­low McCau­ley to speak, did not re­view a new pre-sen­tence re­port for him, and did not pro­vide any of the due pro­cess that is re­quired for a crim­i­nal sen­tenc­ing, the Su­pe­rior Court con­cluded.

That prompted new ap­peals from the pub­lic de­fender’s of­fice, which rep­re­sented McCau­ley, and a re­quest that Judge McDaniel re­cuse her­self.

She re­fused.

In its opin­ion Wed­nes­day, Su­pe­rior Court wrote that it did not like Judge McDaniel’s be­hav­ior in the case.

“In par­tic­u­lar, the trial court’s opin­ion is filled with gra­tu­itous com­ments den­i­grat­ing ap­pel­lant’s coun­sel and the Pub­lic De­fender’s of­fice,” the panel wrote.

The three judges said they be­lieve she made a “veiled threat” ques­tion­ing the at­tor­ney’s and of­fice’s cred­i­bil­ity and im­plied that their con­tin­ued ap­peal of her sen­tence could be “harm­ful to other crim­i­nal de­fen­dants who may ac­tu­ally have mer­i­to­ri­ous claims.”

The panel also crit­i­cized Judge McDaniel for sar­casm it said she used in her opin­ion.

“This sar­casm is dis­re­spect­ful to ap­pel­lant, coun­sel and the se­ri­ous­ness of the sen­tenc­ing pro­cess,” they wrote.

Four times in the opin­ion, the panel said it was ei­ther “trou­bled” by Judge McDaniel’s ac­tions or found them “trou­bling.”

The court cited her fail­ure to fol­low its in­struc­tions on re­mand, in­clud­ing on two sex of­fender cases in which she was or­dered to re­sen­tence the de­fen­dants and gave them the same pen­al­ties she’d pre­vi­ously im­posed.

“This has re­sulted in an ex­ten­sive de­ploy­ment of ju­di­cial re­sources to re­view, an­a­lyze, and rec­tify the court’s de­fi­cient sen­tenc­ing hear­ings,” the panel wrote.

In both of those cases, Judge McDaniel sen­tenced the de­fen­dants to twice what guide­lines rec­om­mended.

At both hear­ings, Judge McDaniel said from the bench that she con­ducted a statis­ti­cal anal­y­sis of her cases from 2012 to 2016, claim­ing that her sen­tences for sex of­fend­ers were com­pa­ra­ble to those of other judges.

In its opin­ion Wed­nes­day, the Su­pe­rior Court noted that Judge McDaniel did not in­clude any of her anal­y­ses in the cer­ti­fied record, mak­ing it im­pos­sible for the panel to con­sider her con­clu­sions.

Still, it con­tin­ued, “a statis­ti­cal anal­y­sis would not com­pel a dif­fer­ent re­sult.”

Pres­i­dent Judge Jef­frey A. Man­ning said late Wed­nes­day that he had not seen the opin­ion and could not com­ment on it.

“Judge McDaniel is an ex­tremely bright and ded­i­cated judge who has for many years pro­tected the rights of the ac­cused and at the same time guarded the rights of the vic­tims and wit­nesses in very se­ri­ous, of­ten vi­cious, sex of­fender cases which can spark sig­nifi­cant dis­agree­ment be­tween coun­sel and the court,” Judge Man­ning said.

“I will re­view the opin­ion and abide by the law­ful or­ders of the ap­pel­late court.”

Tuesday, November 27, 2018

Republican Senator Tom Cotton the Rotten uses Predator Panic to attack the First Step Act


Someone just had to be the idiot to exploit Predator Panic to derail the First Steps Act.

https://www.politico.com/story/2018/11/26/tom-cotton-criminal-justice-reform-senate-republicans-trump-1015149

Cotton wields sex offender report to tank prisons bill
The senator is seizing on a new DOJ analysis in his fight against fellow Republicans.

By BURGESS EVERETT and ELANA SCHOR 11/26/2018 01:26 PM EST Updated 11/26/2018 09:19 PM EST

GOP Sen. Tom Cotton is locked in an awkward fight with fellow Republicans over their push to change federal prison sentencing guidelines. And now he has a new attack line intended to make his rivals squirm: warnings that sex offenders could get off easy.

A new Justice Department analysis — conducted at Cotton's request — found that the Senate’s bipartisan sentencing and prison reform bill could make people convicted of some sex crimes eligible for early release. And though President Donald Trump supports the bill, Cotton says the DOJ confirmation underpins his argument that convicts of certain sex-related crimes could accrue credits making them eligible for supervised release or “pre-release” to a halfway house.

While GOP leaders are beginning to assess the prospects of the bill on the Senate floor, the Arkansas Republican argues that the latest version of the bill has been rushed and contains significant flaws, and he hopes to sway undecided Republicans to join him.

Cotton and Sens. Chuck Grassley (R-Iowa) and Mike Lee (R-Utah) have been battling over the specifics of the bill since it was released in mid-November, exactly the type of intraparty firefight Senate Majority Leader Mitch McConnell (R-Ky.) has been hoping to avoid.

The argument over the bill's treatment of sex offenders took center stage on Monday, prompting the latest public shots between the warring Republican senators.

“Now that the Department of Justice has confirmed that the Senate FIRST STEP Act offers early release to multiple categories of sex offenders in several provisions of the bill, Congress should fix these problems instead of ramming this bill through. There is no such thing as a ‘low-risk violent sex offender’ who deserves earlier release than under current law," Cotton wrote in an emailed statement.

Conn Carroll, a spokesman for Lee, defended the legislation in response to the DOJ analysis on Monday and accused the bill’s opponents of “spreading fake news” about the bill.

“Just because a federal offense is not on the specific list of ineligible offenses doesn’t mean inmates who committed [a] non-specified offense will earn early release," Carroll wrote in an email. "All inmates must first pass a DOJ risk assessment before they can even begin earning good time credits. And then they must secure certification from their warden that they are not a threat to safety before they can be released.”

Carroll added that Lee is open to revising the bill if it turns opponents into supporters: “If adding to the list of specifically forbidden offenses would get some senators to yes, we would love to help them do that on the Senate floor.”

Their colleagues are watching closely.

Sen. Marco Rubio (R-Fla.) said a Cotton op-ed panning the bill made a "compelling argument" and indicated his vote is in play. A number of Trump's Senate allies, including Grassley, Rand Paul (R-Ky.) and Lindsey Graham (R-S.C.), are behind the bill, but in the Senate even a small band of opposed senators can make a floor debate stretch out for a week — all while lobbing attacks at fellow Republicans for being soft on crime.

"I'd like to get it through, but we still have a few problems that we ought to work out," said Sen. Orrin Hatch (R-Utah). "I'm for doing it if we can. We have a shot at it, but we're going to have to have a lot of cooperation."

Senior Senate Republicans said Monday they could not predict what McConnell would do.

“The leader wants a bill that doesn’t divide or fracture the conference,” said Sen. John Thune of South Dakota, the No. 3 GOP leader. “He believes from a timing standpoint it’s better next year in light of all we have to finish up.”

The president has lobbied McConnell to bring up the bill, but the GOP leader has told Trump the Senate's schedule is crowded over the next month. McConnell has emphasized that funding the federal government by the Dec. 7 deadline and finishing a farm bill are his top priorities. And the House would probably have to vote on whatever the Senate passes on criminal justice reform, and ousted House Republicans might want to head home as soon as the funding bill is finished.

Known as the First Step Act, the criminal justice legislation is a key priority for dozens of Republican and Democratic senators in the lame-duck session, including some who have fought for years to get floor time for criminal justice reform. McConnell's chief deputy, Sen. John Cornyn of Texas, said the GOP must ascertain whether the bill can come to the floor quickly before committing to considering the legislation.

"We're going to start whipping that," Cornyn said. "Part of the discussion is whether there's going to be an amendment process. That takes time. ... That's really the question: Can we build consensus or come up with an agreement that would allow us to do it on a limited time basis? I don't know the answer yet, but we're going to find out."

Right now, there's little guarantee of cooperation with Cotton calling for Republicans to go back to the drawing board over the bill's treatment of sex crimes.

In a copy of the DOJ correspondence obtained by POLITICO, Cotton’s office asked whether the bill would extend eligibility for credits to individuals convicted of four crimes: failure to register as a sex offender, importing aliens for prostitution, female genital mutilation and first-time assault with intent to commit rape or sexual abuse. The bill currently excludes those convicted of assault with intent to commit rape or sexual abuse from earning the time credits, but only if they’ve served a year or more in prison for a previous conviction.

A DOJ analyst responded that the measure contains no exclusions for people convicted of those crimes and that “all offenders would be eligible to receive more good time credits as a result of the bill.” DOJ referred a request for comment to the White House, which declined to respond to the DOJ analysis.

A spokesman for Grassley, who's shepherded criminal justice talks as Judiciary Committee chairman, drew a bright line between the bill's treatment of "good time" credits and "earned time" credits.

The four sex-related crimes on which Cotton sought information are already eligible for the former category of credits under current law, which the new criminal justice bill would expand to a minor degree in order to fix "a flawed interpretation of existing law," Grassley spokesman Taylor Foy said.

When it comes to the second category of credits, the current version of the billempowers the Bureau of Prisons to determine which prisoners at a “minimum or low risk” of recidivism would be eligible if they complete training programs aimed at reducing the risk of further offenses.

The bill's long list of offenses for which extra credits cannot be earned bars certain types of prisoners "regardless of their risk assessment," Foy added. Nonetheless, the exclusion of Cotton's four categories of offenses could hand ammunition to him and other hard-liners who want to see the bill’s sponsors start over again next year.

Supporters of the current push argue that delay would kill the effort outright, given the fragile bipartisan compromise struck during the lame duck. The new House Democratic majority, they note, could insist on more expansive reforms than just the bill's limited sentencing components.

Trump himself is continuing his campaign for the bill. He held an event on it during his Monday trip to Mississippi to campaign for Sen. Cindy Hyde-Smith (R-Miss.).


It’s also possible that new categories of offenses could be added to the bill’s exemptions list as an amendment during Senate floor debate. Such tweaks are a relatively common occurrence on sensitive legislation, but opponents of the bill are likely to use any changes to the bill as a reason to stall it on the floor.

Thursday, November 8, 2018

Floridiot State Senator Lauren "The Bimbo" Book creates a false flag story for cheap publicity


The Florida Politics blog is deeply in bed with FloriDUH Senator Lauren Book. They are the only media outlet to publish this obvious attempt to claim victimhood by the premier professional victim of South Florida.

Bimbo Book claims the FBI showed up at her door and that she was a potential target. By now, these bombs have all been found. Obviously, if this idiot had been a target of the #MAGAbomber, then how is it no bomb ever showed up? After all, the bombs were sent from her own town. Cesar Sayoc was arrested in Plantation. Lauren Book's claims are nothing more than an attempt to attract sympathy, something this professional victim does for a living. This claim is a false flag.

Be greateful, my fellow Floridians-- you dodged a worse bomb in having this Democrat version of Sarah Palin miss out on being Andrew Gillim's running mate. We can all breathe a sign of relief knowing that the state could've been controlled by this complete fucktard. 

It must really irk her knowing that most people outside of those in the Florida Legislature, her dad, his cronies, her cronies, and the Florida Politics blog couldn't give two shits about her. She simply wants to feel important, and her cronies at the Florida Politics blog are quick to play the enabler role.


Lauren Book among potential targets for accused mail bomber

JACOB OGLES

23 hours ago
A man accused of sending pipe bombs to liberal leaders across the country also scoured the internet for information on Democratic state Sen. Lauren Book of South Florida.

FBI agents came to Book’s home to inform her of concerns that a pipe bomb may yet be sent to her, the Plantation Democrat said.

“When I went into this, I knew politics could be messy,” Book said, “but not somebody sending you a pipe bomb filled with glass to blow you and your kids up.”

Book wasn’t home when agents arrived. She was at the airport about to fly to Tallahassee for a United Way Women’s Leadership Breakfast to hear CNN host and author Lisa Ling speak.

But husband Blair Byrnes and her two infants were at home. As she sat at an airport ready to board a plane, Book listened to FBI agents brief her from her living room while her children napped upstairs.

The agents told Book that Cesar Sayoc, the man investigators believe sent explosive materials to more than a dozen left-leaning public figures in American politics, had also done research on Book’s record of public service.

FBI Director Christopher Wray announced Oct. 26 that agents arrested Sayoc in connection to pipe bombs sent to billionaire George Soros, former President Barack Obama and individuals at CNN, among others.

But authorities told NBC News that Sayoc kept a list of more than 100 possible targets, and potential victims would be notified individually.

Authorities arrested Sayoc in Plantation, in the heart of Book’s own district, though they now say he lived in Aventura. His mother Madeline Giardello is president of an area condo association.

In searching Sayoc’s personal computer, the FBI told Book, investigators found significant research into Book’s career, including votes on various pieces of legislation in Tallahassee.

“It’s hard to believe because I had only been there two years,” Book says.

Indeed, when news of a threat to political figures first broke days earlier, police set up in Book’s office, but her husband joked no one targeting major political figures and national news personalities would care about a state senator.

He was wrong.

At the time, it did raise concerns for Book when one of the bomber’s packages was returned to the Sunrise office of U.S. Rep. Debbie Wasserman Schultz.

Book previously used that same space for a temporary district office, which filled her thoughts as she watched news footage of authorities sweeping the office.

But while that seemed eerie, news Book actually could be the target of a local terrorist proved shocking.

FBI officials told Book she needed to take alternate routes when she drove to work, and call authorities in the event any unfamiliar packages showed up on her doorstep, even though the suspect was already in custody.

To date, it’s only been anticipated packages from Amazon and other retailers that showed up on Book’s doorstep, she jokes, but as she tries to keep the topic light, she says it’s only because of the terrifying truth of the threat to her life.

But when Book got involved fighting sex trafficking, she knew which groups would be angry and upset, she says. She could anticipate trouble from a known realm of unsavory and identified individuals.

In this case, she seems to have been targeted by a right-wing lunatic for no other reason than being a Democrat.

“This won’t stop you from doing your work,” she says, “but it does make me more aware, and it makes me want to be more protective of myself and my kids.”

Sunday, October 21, 2018

Providence RI's Luis Aponte wants to make his city the Miami of the North. Guess what else he has in common with MIami?


I guess Providence RI wants to be the Miami FL of the north. I guess Luis Aponte wants RI'ers to forget about the fact he is facing prison time himself. Interestingly, Ron Book, the guy responsible for the mess in Miami was also convicted of crimes related to campaign contributions, just like Aponte is facing now. Obviously Aponte's pending conviction is the reason for this Hail Mary tactic.

https://www.wpri.com/news/local-news/providence/councilman-aponte-seeks-to-ban-sex-offenders-from-child-safety-zones/1534342549

Councilman Aponte seeks to ban sex offenders from ‘child safety zones'
By:  Dan McGowan
Posted: Oct 18, 2018 08:00 PM EDT

Updated: Oct 18, 2018 08:00 PM EDT

PROVIDENCE, R.I. (WPRI) – As Washington Park residents continue their efforts to drive a convicted child rapist out of their neighborhood, their councilman has put forward a proposal that would ban registered sex offenders from residing near schools or other facilities frequently visited by kids.

Councilman Luis Aponte, a Democrat from Ward 10, introduced an ordinance Thursday that would prohibit registered sex offenders from living within a 500-foot radius of a “child safety zones,” which would include schools, daycares or recreational areas.

The ordinance would also ban the ex-cons from “entering upon or loitering” within 500 feet of the same facilities. Violators would be subject to fines of $250 on the first offense, $350 on the second offense and $500 for all subsequent violations.

“This is an immediate reaction given some of the things I heard last night,” Aponte told Eyewitness News, referring to a contentious neighborhood meeting attended by more than 200 residents Wednesday after they learned a man convicted of sexually assaulting children in Warwick and Massachusetts in the late 1980s was released from prison and moved to Washington Park last week.

Aponte said he modeled his proposal after other ordinances approved in communities across the country, including Lincoln.

“This is not a foreign concept,” Aponte said. The ordinance was co-sponsored by 11 of Aponte’s Democratic colleagues and referred to the Ordinance Committee. (Three councilors were absent.)

Residents were outraged this week to learn ex-con Richard Gardner moved to a home in Washington Park. After Wednesday’s community meeting, they rallied outside his residence. The neighbors planned to continue protesting Gardner Thursday night.

Gardner’s situation is unique because his offenses pre-date Megan's Law, a measure that led to the federal government requiring that all states establish sex offender registries, meaning there's no requirement to inform the community about where he lives. Mayor Jorge Elorza has promised to keep a police detail on Gardner to ensure he doesn’t re-offend.

There are currently more than 500 registered sex offenders living in Providence, according to police.

Aponte acknowledged his proposal would not apply to Gardner because he already lives in Washington Park, but he said he’s hopeful it will address future situations. He said the area around Gardner’s residence has several small home daycares where individuals take care of children, so he wants to ensure no sex offenders can live in the area going forward.

A spokesperson for Elorza said the administration intends to review the proposal before commenting.

Wednesday, October 17, 2018

Republican NY State Sen. Jim Tedisco exploits Predator Panic on nonsensical OpEd

This OpEd is very distorted and intentionally misleading (the governor's "conditional pardon" was only to the extent of granting voting rights)

https://www.saratogian.com/news/reader-s-view-parole-board-must-make-crime-victims-a/article_19b185c4-ccc5-11e8-a9df-2f39b22e40bd.html

Reader's View: Parole Board Must Make Crime Victims a Priority
By State Sen. Jim Tedisco 17 hrs ago

Remember the late 1970s and 1980s when crime in New York State was out of control and some of the most dangerous offenders were often paroled long before their prison terms were up only to wreak havoc once more?

Unfortunately, if the Governor has his way, and if Upstate loses its Majority in the Senate as a check on the Executive and an Assembly, that’s two-to-one controlled by downstate interests, the bad old days may return.

In the past few months, the Governor, through executive orders without any legislative consultation, has pardoned or commuted the sentences of over 24,000 criminals including cop killers, child murderers and sex offenders. The Governor has gone so far as to issue conditional pardons and voting rights privileges to at least 77 sexual predators who are being civilly confined – the offenders who are most likely to re-offend.

This is done against the backdrop of a broken parole system here in New York that makes it difficult for crime victims and their families to have meaningful input on decisions about whether to free those convicted of violent crimes.

As a member of the New York State Senate Crime Victims, Crime and Correction Committee, I recently participated in a legislative hearing on this issue. We heard some powerful testimony on the need for reforming the parole system and making it more responsive to crime victims and their families.

Among those testifying were Regina and Michael Stewart of Clifton Park, the parents of the late Christopher F. Stewart, who was tragically killed in 2012 by a drunk, drugged and dangerous driver.

Stewart was 17 years-old and co-captain of the Shenendehowa Football Team. Shen student Deanna Rivers also lost her life in the incident and students Matthew Hardy and Bailey Wind were seriously injured.

While the individual who killed Christopher Stewart and Deanna Rivers was recently denied parole, he will be up for another parole hearing in two years, causing further anguish for the families who will have to go through the process again.

Shockingly, when victims and families give their impact statements to the Parole Board, they only speak to one board member, with no guarantee that individual will be on the three-person panel that makes the decision as to whether to parole or not. This frustrating situation is faced by all crime victims and their families who want to make their voices heard to the Parole Board.

We can be compassionate for people who have made mistakes, done their time and are trying to turn their lives around, but first and foremost, we need justice and compassion for crime victims.

There should be no more get-out-of-jail-free cards for the worst-of-the-worst offenders like baby killer Mary Beth Tinning and cop killer Herman Bell, whose crimes are so heinous they should never see the light of day, let alone be paroled, pardoned and given the same level of rights and benefits as hard-working, honest, law-abiding citizens.

My Senate colleagues and I have already passed a holistic package of bi-partisan bills to protect our communities and be a voice for victims and their families. These include:

- Authorizing the imposition of life imprisonment without parole for persistent violent felony offenders (S.4036).

- Requiring a sentence of life imprisonment without parole for murder in the first degree involving killing of a first responder (S.7976).

Tuesday, October 9, 2018

Floridiot persecutor Ryan Will builds pocket parks to remove registrants from their homes, and now thinks he can be an impartial judge


In case there was any doubt that this guy gets his jollies kicking registered citizens from their homes, just watch the video. By the way, did you know he was publicly reprimanded by the Florida Bar Association? He's barely holding on to his license now.



http://www.staugustine.com/news/20181006/linda-gaustad-ryan-will-tout-experience-in-7th-circuit-judge-race/1

Linda Gaustad, Ryan Will tout experience in 7th circuit judge race
By Frank Fernandez

Posted Oct 6, 2018 at 2:38 PM
Updated Oct 6, 2018 at 2:38 PM
 
Both Linda Gaustad and Ryan Will are trumpeting their experience as they head toward a face-off in for an open circuit judge seat.

Will, 38, who lives in Daytona Beach with his wife and children, is a homicide prosecutor with the 7th Circuit State Attorney’s Office, who is emphasizing his many jury trials in criminal court, including some high-profile prosecutions like that of Luis Toledo, who killed his wife and her two children.

“I’ve tried about 70 jury trials in the last 10 years. She’s had four or five,” Will said. “There’s a tremendous difference in our courtroom experience. I know what it takes to be a judge. I’ve worked with good judges. I’ve known good judges. I’ve known them as friends. I’ve known them as mentors. I’ve known them as judges on my cases.”

Gaustad, 56, of Deltona, counters that Will has spent most of his legal life in criminal court while she has a vast amount of varied experience in family law, real property, trusts, wills, estate, business and criminal law. A private attorney with an office in Orange City, she said most of the cases she works on are resolved before trial because litigants want to avoid the expense of a trial or they are a type of case, such as probate, that rarely go to trial.

“I have a very broad range of experience,” Gaustad said. “It’s very diversified experience.”

Will, who grew up in Ormond Beach and graduated from Seabreeze High School, is the son of retired Circuit Judge Joseph G. Will and was admitted to the Florida Bar in 2006.

Gaustad spent her early childhood years in Illinois before moving to Central Florida when she was 9. She started living on her own at the age 15 but is now married with children and grandchildren. She received a high school diploma from what was then Orlando Technical and has lived in Volusia County since 1989. She was admitted to the Florida Bar in 2000.

All registered voters in the circuit covering Volusia, Flagler, St. Johns and Putnam counties can vote in the Nov. 6 general election for the seat, which comes with a six-year term earning $160,688 per year. The seat is open due to the retirement of J. Michael Traynor, who presides over civil cases at the judicial center in St. Augustine.

In the August primary, Will won all four of the circuit’s counties. Will received 34,044 votes in Volusia County where Gaustad finished third with 31,265 votes behind Sebrina Slack’s 33,245 votes. In Flagler County, Will received 7,698 votes while Gaustad finished second with 6,775 and attorney Slack came in last with 6,368. Slack finished third overall and was eliminated from the race.

Both Will and Gaustad said they have the temperament to become a judge and that they would be patient and respectful of the litigants and attorneys coming before them.

They also say they are both involved in the community. Gaustad said she purchased Christmas gifts for children in foster care and school supplies for students. She likes to help seniors avoid scams and won’t charge them for the consultation.

Will also said that he did some civil work for nearly a year for companies in the oil and gas industry in Alabama. He said he also did some probate and real estate work on the side.

Gaustad said just because he did some probate or real estate work doesn’t make him an attorney in that area.

“You can change something minor in your car but does that make you a mechanic?” she said.

One of Will’s activities outside the courtroom is helping communities build parks in locations that use state law to keep sexual predators from moving into the neighborhood. Will led the effort to build the first one in his own neighborhood

Will is far ahead in contributions with $69,560 to Gaustad’s $23,684. He also has many more individual contributors than she does.

Of Will’s money, $26,000 is his own money or loans to himself. Of Gaustad’s money, $21,435 is her own with $14,100 of that in loans to herself and the rest in-kind contributions to herself.

Gaustad said that voters need to make a fully informed decision.

“I think it’s important that people realize that I’ve never been reprimanded by the Florida Supreme Court,” Gaustad said.

Will was reprimanded in August 2014 by the state Supreme Court after the Florida Bar found probable cause that Will had demeaned and ridiculed a defendant named Jerry Crew by repeatedly calling him a crackhead while prosecuting him during a 2012 murder trial. Probable cause was also found that Will had erred in other ways, including demeaning the defense attorney and his theories of defense. Will entered a conditional guilty plea.

In an interview this week, Will described it as a learning experience.

“It wasn’t a proud moment in my career,” Will said. “It’s something that taught me a lot about myself and taught me a lot about the courtroom. I think it probably made me a little bit more humble, a little bit more focused in my approach, taught me how to be a better lawyer, and I think has given me a little bit better experience seeing the perspective of the judge, knowing where the line is and drawing that line.”

Wednesday, October 3, 2018

Rep. Matha Roby declares children, "Our most precious responsibility". Where have I heard that before?



Whenever I hear the terms, "children" and "most precious" come from the mouth of a politician, it makes the hair on the back of my neck stand up. It is a scary quote considering that Hitler penned those words so many years ago--

"The folkish state must make up for what everyone else today has neglected in this field. It must set race in the center of all life. It must take care to keep it pure. It must declare the child to be the most precious treasure of the people." -- Adolph Hitler, Mein Kampf.

I'm sure you are familiar with part of this quote, but you've usually seen it with this statement added, "As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation." That was not penned by the REAL Hitler, but a fictional Hitler in a CS Lewis Screwtape letters styled social commentary by Rabbi Daniel Lapin in 1999. However, the part aboyr declaring the child to be the "Most Precious" was indeed the quote by Hitler.

Yes, I can hear a couple of triggered folks whining, "OMG I can't believe you went there."Now, I'm NOT comparing Roby to Hitler. I AM, however, pointing out that her statement is flat out creepy and disturbing in using this statement to promote the type of legislation that is a better fit for 1980s Berlin than 2018 USA.

http://altoday.com/archives/26743-martha-roby-our-most-precious-responsibility

Martha Roby: Our most precious responsibility
BY GUEST AUTHOR ON SEPTEMBER 28, 2018

As a society, our children are perhaps the greatest, most precious responsibility given to us. They are vulnerable, innocent, and wholly dependent upon the adults surrounding them for protection. While horrible and unthinkable, the unfortunate reality is that not everyone takes this responsibility seriously, and there are even those who would do children harm.

The National Center for Victims of Crime reports that while the prevalence of child sexual abuse is difficult to determine because it is often unreported, experts still agree that the number of incidences is vastly greater than what is reported to authorities.

Children are the most vulnerable members of our society, and there is perhaps no greater responsibility before Congress than the call to protect them. I believe it is our job to provide the most effective tools available to confront, fight, punish, and ultimately prevent horrific crimes against children. Our legal protections for children and the punishments for those who harm them must be as strong as possible.

That’s why I was grateful that the House of Representatives recently passed my bill, H.R. 6847, the Preventing Child Exploitation Act of 2018, in the House where it recently passed. This bill combines four pieces of legislation in an effort to fight the abuse and exploitation of children and strengthen protections for them under the law. I’d like to take a moment to share with you more specifics on what this package of bills would accomplish.

First, my bill includes H.R. 1842, the Strengthening Children’s Safety Act, which makes our communities safer by enhancing penalties for sex offenders who fail to register in the national sex offender registry, and then commit a crime of violence.

Second, the bill includes H.R. 1862, the Global Child Protection Act, legislation I previously introduced to combat global sex tourism by closing loopholes that allow child predators to go unpunished for their abuse of children overseas.

Third, this bill includes H.R. 1761, the Protecting Against Child Exploitation Act, to add legal measures to strengthen protections for victims of child pornography.

Fourth, and finally, my bill includes H.R. 1188, the Adam Walsh Reauthorization Act, to continue our support for programs that help prevent child abuse by ensuring that the public has access to information about known sex offenders in their neighborhoods.

In addition to introducing the Preventing Child Exploitation Act, I was also proud to join my colleagues in cosponsoring the Victims of Child Abuse Act Reauthorization Act of 2018. As you may know, the Victims of Child Abuse Act was first passed in 1990, and it provides federal funding for the development of Children’s Advocacy Centers (CAC).

The primary mission of a CAC is to prevent further victimization of a child by ensuring that child abuse investigations are comprehensive and that intervention and healing services are age-appropriate for the needs of each individual child.

Congress unanimously reauthorized the Victims of Child Abuse Act reauthorization in 2014, but it is set to expire this year. I am hopeful that the House will take up this important piece of legislation soon to ensure that CACs have the resources necessary to serve the children who need them most.

In Congress, I am grateful to have the opportunity to serve on the Judiciary Committee where we have worked very diligently to combat crimes against children. In recent years, we have made remarkable progress in this fight – but we can, and we must, do more. I’m encouraged by House passage of the Preventing Child Exploitation Act, and I am hopeful that the Senate will act on this bill quickly to protect the most vulnerable among us. We must use every tool available to prevent horrific crimes against children.

Martha Roby represents Alabama’s Second Congressional District. She lives in Montgomery, Alabama, with her husband Riley and their two children.

Sunday, September 23, 2018

The 2018 Farm Bill should be called for Holding


The farm bill is currently being debated as both Senate and House resolve their differences. One amemndment we hope will be eliminated is the Holding Amendment, now Sec. 4039 in the House version of H.R.2, the Agriculture Improvement Act of 2018 (aka "The Farm Bill.").

Time is of the essence so contacting your representatives would certainly be helpful.

To review the old law, in 2014, there was a provision of the farm bill to ban registrant IF they also violate the terms of release. I covered this topic in 2015. Essentially, the provision will remove the requirement of a violation of a violation of terms of release, essentially allowing a ban just on a record alone.

The Senate version does not contain this version. Below is a summary of the passage of this terrible amendment.

H.Amdt.614 to H.R.2
115th Congress (2017-2018)
AMENDMENT
Amends Bill: H.R.2 — Agriculture Improvement Act of 2018
Sponsor: Rep. Holding, George [R-NC-2] (Offered 05/17/2018)
Latest Action: 05/17/2018 On agreeing to the Holding amendment (A029) Agreed to by voice vote.

 Amendment No. 11 Offered by Mr. Holding

  The Acting CHAIR. It is now in order to consider amendment No. 11
printed in House Report 115-679.
  Mr. HOLDING. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle A of title IV, insert the following:

     SEC. 4039. DISQUALIFICATION OF CERTAIN CONVICTED FELONS.

Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as amended by section 4015, is amended in subsection (p)(1)-- (1) in subparagraph (A) by striking ``: and'' at the end and inserting a period, and (2) by striking subparagraph (B).

The Acting CHAIR. Pursuant to House Resolution 900, the gentleman from North Carolina (Mr. Holding) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from North Carolina.

Mr. HOLDING. Mr. Chairman, I rise today in support of my amendment, and I urge all colleagues to support its inclusion in the farm bill today.

Mr. Chairman, the amendment is simple. It ends eligibility for the Supplemental Nutrition Assistance Program for convicted rapists, murderers, and those guilty of sexual exploitation.

The 2014 farm bill contained a prohibition for these individuals from being eligible for SNAP, but the individual also has to be considered a fleeing felon. This means that, in order to lose eligibility, the
person has to not only be a convicted murderer, rapist, et cetera, but they also must be in violation of the terms of their sentence.

Mr. Chairman, I believe we should not have to wait before a criminal who has already been convicted of these acts violates the terms of their sentence before terminating the benefits.

Mr. Chairman, this amendment would eliminate the fleeing felon provision from the underlying law and thereby prohibits convicted rapists, pedophiles, murderers, et cetera, from being eligible for SNAP.

This is a commonsense proposal that says if you commit these atrocious crimes that you are ineligible for this government program. Mr. Chairman, I urge all of my colleagues to vote for this commonsense amendment and include it in the farm bill that we have under consideration.

I yield back the balance of my time.

The Acting CHAIR. The question is on the amendment offered by the gentleman from North Carolina (Mr. Holding). The amendment was agreed to.

Saturday, September 15, 2018

False Pravato: Republican Senate candidate uses Predator Panic at the polls


Even his Republican opponent accuses him of grandstanding.

http://longisland.news12.com/story/39052741/candidate-rails-against-sex-offenders-at-school-polling-places

Candidate rails against sex offenders at school polling places

Posted: Sep 08, 2018 5:31 PM EDT

MASSAPEQUA PARK - Massapequa Park Mayor Jeff Pravato, a Republican running for state Senate, is making waves before Thursday’s primary election.
He is calling for a stepped up police presence at schools where people will be voting because Gov. Andrew Cuomo reinstated voting rights for a total of 24,000 on parole - including Level 3 sex offenders.
“We don't want to see a sex offender coming in there and possibly doing something hurtful to our children,” says Pravato.
The mayor is also asking parents to leave their kids at home when they vote and suggested that they carry mace to protect themselves.
There are certain provisions in place during Thursday’s vote. The ex-cons will need written permission from their parole officers, as well as school district officials, to vote at schools. They will also be barred from entering any school until after 7 p.m.
Meanwhile, Democrats and Pravato’s opponent are accusing the Republican candidate of political grandstanding before Election Day.
“What's happening is another Republican ‘hey look over there’ situation,” says state Sen. John Brooks (D-Seaford).
Suffolk Executive Steve Bellone says the county has the “toughest monitoring and enforcement program against sex offenders anywhere in the country.”

Thursday, August 30, 2018

Georgia State Senator Michael Williams could not even spell the word Molester properly on his "deportation bus"


If you are going to make a bold, stupid claim like Georgia State Senator Michael Williams, the least you can do is learn to spell. At least he didn't add "pedifiles," if that counts. Still, using Predator Panic as a talking point in a political campaign nets you a Shiitake Award nomination.

https://politics.myajc.com/blog/politics/trump-loyalist-flails-georgia-governor-race/iv2JzIeLE3SHWCzClPRo7M/

A 'deportation bus’ candidate screeches to last-place finish 
Michael Williams’ pro-Trump campaign slams to a standstill
May 22, 2018

From the get-go, state Sen. Michael Williams built his campaign for governor on two themes: An argument that he’s Donald Trump’s most ardent champion in Georgia, and a streak of audacious proposals meant to show he’s a “fearless conservative” and his opponents are phonies.

With his dismal showing Tuesday, the Cumming Republican showed again the limitations of an arch-conservative message that relies almost entirely on Trump. In last year’s 6th District special election, Republicans who most directly tied their message to Trump flamed out.

In the end, even as he drew national attention for a “deportation bus tour,” he was universally ignored by his GOP rivals – usually a surefire sign he’s not getting any traction. At some debates, Lt. Gov. Casey Cagle wouldn’t even respond to Williams’ attacks.

His struggles started with his failure to raise significant cash to build name recognition and lack of any significant accomplishment in the Georgia Legislature. But the contest also exemplified how his rivals were able to neutralize the Trump factor.

Yes, they each conceded, Williams was the first state official to back Trump in late 2015. But they also embraced the president and talked about him on the campaign trail, pledging to support his policies while also largely staying focused on Georgia-centric issues.

Their allegiance had its limits. Only Williams supported Trump’s plan to open Georgia’s coast to offshore drilling. And while other candidates lamented Trump’s tweets or bruising rhetoric when asked what they regret about the president, Williams would say he wholeheartedly approves of all things Trump.

In the closing days of the race, Williams sharpened his attempts to paint his opponents as closeted Never Trumpers.

At an Atlanta Press Club debate, he mocked Secretary of State Brian Kemp for saying he supported Trump but was never asked to “formally” endorse him. And he tried to cast Cagle as an anti-Trump stooge, despite social media posts that showed the lieutenant governor praising the president.

But he found it harder to out-conservative his rivals, who were all intensifying their race to the right.

Late last year, he attracted national attention for raffling off a bump stock device after it was used in a mass shooting in Las Vegas. By March, the entire field was in a vicious battle for the NRA’s endorsement – and a seemingly daily test over the lengths they would go to expand Second Amendment rights.

In the end, even Williams’ “deportation bus tour” was one-upped by his opponents.

Days earlier, Kemp launched an ad featuring his pickup truck - “just in case I need to round up criminal illegals and take 'em home myself.” But unlike Williams, who spent little cash on expensive TV advertising, Kemp put about $1 million behind his last spurt of broadcast and cable spots.

So while Williams’ bus tour was beset with demonstrators – and sidelined for a time by engine problems – Kemp rode his truck to a spot in the runoff.

Monday, July 16, 2018

What do you do if your state high court declared 2500 foot residency residency laws unconstitutional? Try to pass a 5000 foot restriction


Residency restriction laws were declared invalid back in 2011, albeit per striking of a local ordinance under a pre-preemption clause. That does not mean the legislature can simply reinstate residency laws, but that's not going to stop pandering Republican PA State Rep Tom Mehaffie from trying.

Not only is he trying to reinstate a stricken law, he's trying to double the distance.

(I forgot about this article as it came up around conference time, but NARSOL discussed this today to remind me)

http://www.pressandjournal.com/stories/we-must-strengthen-laws-involving-sexual-predators-tom-mehaffie,34836

We must strengthen laws involving sexual predators: Tom Mehaffie

Posted Wednesday, June 6, 2018 10:57 am

As precious members of our society, our children and grandchildren are the future of our country with the promise of a bright future.

Unfortunately, there are adults within our population who prey upon them with sick intent regardless of the harm they inflict or the lifelong effects.

To assist parents in the responsibility of raising their children, Pennsylvania has maintained a law on its books since 1996 to target those who harm kids. Megan’s Law, named after a young girl who was brutally raped and murdered in New Jersey in 1994, is a state law that requires sexual offenders to register their whereabouts, employers, addresses and offenses on a publicly accessible Internet database.

For more than 20 years, families have relied upon information on this website to protect their children from sexual offenders who may reside in their neighborhood.

While we know that the enactment of Megan’s Law has greatly assisted law enforcement and our communities, it’s imperative, as lawmakers, that we revisit the law frequently to ensure no gaps in protections exist.

In response to two state appellate court cases, legislation was passed by the General Assembly and will be before the governor to ensure certain sexual offenders continue to be required to register their whereabouts.

House Bill 1952 seeks to expand upon Act 10 of 2018, which re-implemented the Adam Walsh Act, commonly known as Megan’s Law. Both House Bill 1952 and Act 10 were needed to close any loopholes that may have allowed sexual offenders who were convicted before 2012 to skip the registration process.

The legislation seeks to put back in place the important safety net to protect Pennsylvania’s children from dangerous sex offenders. This legislation is a crucial step in the safety and security of our communities and our children, but I believe we should take Megan’s Law one step further.

Statistics overwhelmingly show that people who commit sex crimes against children do not respond well to treatment programs and will likely continue to offend. Perpetrators of these crimes must not be permitted to roam freely near children. The risk is too great.

Therefore, I recently drafted legislation in the House of Representatives which would establish a residency restriction for sexual offenders registered under Megan’s Law.

My legislation would prohibit Megan’s Law registrants from residing within 5,000 feet of any public school, private school, parochial school or preschool.

Currently, under Pennsylvania law, there are no residency restrictions for sexual offenders other than the requirement to notify the school district that a sexual predator resides within a one-mile radius.

We have an obligation to ensure our children are protected from those who wish them harm. I am committed to moving this legislation forward. It is my hope that with the signing of House Bill 1952 into law and the passage of basic residency requirements, we can provide a stronger safety net for our children.

State Rep. Tom Mehaffie, R-Lower Swatara Township, represents the 106th House District. Reach him at 717-534-1323 or tmehaffie@pahousegop.com.

Thursday, July 12, 2018

Republican WI Senator Leah Vukmir caught in a lie by AP while exploiting predator panic to attack opponent



She used registered citizen scares to attack an opponent whose voting record isn't what I would even consider registrant friendly.

https://www.newsobserver.com/news/politics-government/national-politics/article214692140.html

AP FACT CHECK: Claim against Sen. Baldwin exaggerated
BY AMANDA SEITZ
The Associated Press
July 11, 2018 01:29 PM

Updated July 11, 2018 01:30 PM

Wisconsin Republican U.S. Senate candidate Leah Vukmir has repeatedly attacked incumbent U.S. Sen. Tammy Baldwin, saying the Democrat failed to protect communities against sex offenders.

Vukmir, a state senator, is one of two leading contenders for the Republican nomination to take on Baldwin in the November election, with national control of the Senate majority possibly at stake.

A look at Vukmir's claim:

VUKMIR: "Really, @SenatorBaldwin? You wanted to protect us from offensive school mascots but didn't protect us from sex offenders in our communities?"



THE FACTS: Vukmir's claim is exaggerated. It focuses on one vote by Baldwin 24 years ago in which she voted against tougher punishment for sex offenders while ignoring several other votes in which Baldwin backed tougher laws.

Vukmir's campaign didn't reply to multiple requests for comment. Her website criticizes Baldwin for opposing a 1994 state law that allowed judges to order sex offenders to go to a secured state mental health facility after they completed their prison term.

Baldwin, who was then a member of the state Assembly, was one of only two members to vote against the bill, which passed with the support of 93 state representatives. Supporters of the bill said it keeps violent sex offenders off the streets. Critics argued it forces offenders to serve two terms -- one in prison and one in a state facility -- for a single crime. The Wisconsin Supreme Court upheld the law in 1995.

But Baldwin also supported more than a half-dozen Wisconsin state bills that strengthened sentencing and punishment for sex offenders during her time in the state Legislature from 1993 through 1998. One of the laws she supported allows sex offenders to be placed under lifetime supervision.

There is no precise data to prove if the 1994 law has had an impact on making communities safer. Since 1994, 803 Wisconsin sex offenders have been committed to a state-run treatment center following their release from prison.

A state study shows sex offender recidivism rates dropped following the law's enactment but the research doesn't attribute the decline to new state regulations.

"The trend seen in recidivism for sex offenders mirrors the trend in recidivism for all offenders," said Tristan Cook, spokesman for the Wisconsin Department of Corrections.

Between 1992 and 2010, Wisconsin released 12,849 men who had committed sex crimes from prison and 4.9 percent offended again, according to state research from 2015.

Laws that keep offenders in a state facility even after they've served their sentence might keep offenders from committing repeat offenses, but the regulations are costly and states that have adopted the laws do not have lower recidivism rates, said Michael Caldwell, a psychology professor at the University of Wisconsin-Madison.

In addition, he said most sex offenders in the state face parole requirements following their release even if they have not been sent to a mental health facility.

"Typically, they don't just walk out the door then they're free -- there's very close monitoring," Caldwell said.

As for Vukmir's claim that Baldwin wanted to protect people from offensive school mascots, this appears to be a reference to a 2014 letter Baldwin and other Democrats sent the NFL, urging a renaming of the Washington Redskins.

Thursday, July 5, 2018

Republican TN State Rep Diane Black blames pornography for school shootings


Did this state rep also listen to Bimbo Book? Bimbo Book compared me to a school shooter.

https://whnt.com/2018/05/30/tennessee-lawmaker-says-pornography-is-a-root-cause-of-school-shootings/

Tennessee lawmaker says pornography is a ‘root cause’ of school shootings

POSTED 9:10 AM, MAY 30, 2018, BY TRIBUNE MEDIA WIRE, UPDATED AT 10:09AM, MAY 30, 2018

Republican Rep. Diane Black of Tennessee recently cited pornography, along with the deterioration of the family and violent movies, as a contributing factor to gun violence in schools.

Black made the remarks during a listening session with local pastors last week, according to audio obtained by HuffPost and posted Tuesday.

“Why do we see kids being so violent? What’s out there? What makes them do that?” Black said. “Because, as a nurse, I go back to the root cause. And I think it’s a couple of things,” Black said, listing off the deterioration of the family and violent movies, before mentioning pornography.

“Pornography. It’s available. It’s available on the shelf when you walk in the grocery store. Yeah, you have to reach up to get it, but there’s pornography there,” Black says in the audio. “All of this is available without parental guidance.”

She adds, “And I think that’s a big part of the root cause, that we see so many young people who have mental illness get caught in these places.”

In the audio, Black does not detail what it is about pornography that she believes contributes to school shootings.

“I think the context is pretty clear,” Black’s campaign spokesman Chris Hartline told CNN Tuesday. “Diane believes the breakdown of families and communities plays a significant role in instances of school violence.”

Moms Demand Action founder Shannon Watts criticized Black’s comments, writing on Twitter that “despite all of the data and exerts at her disposal, (Black) chooses to blame ‘grocery store pornography’ for school shootings. And she doesn’t mean the magazines that glorify guns.”‘

Friday, June 29, 2018

Sol Flores tried to become the Lauren Book of Illinois, and that's not a compliment, either

There's a reason you lost the race and LOST BIG, Sol. Care to guess why? People are tired of the victim narrative.

I can see why FloriDUH rezoned Lauren Book's district. If Lauren has to run against anyone, she'd lose big time.

https://www.huffingtonpost.com/entry/sol-flores-ad_us_5a830347e4b00ecc923eac16

POLITICS 02/13/2018 02:10 pm ET
Congressional Candidate Recounts Childhood Abuse In Powerful Campaign Ad
“I didn’t tell anyone that a man living with us would come into my bedroom when I was asleep and lift my nightgown.”

By Amanda Terkel

In a deeply personal new ad, Democrat Sol Flores talks about how the sexual abuse she endured as a child has helped inspire her to run for a U.S. House seat in Illinois.

The ad starts with an 11-year-old girl building a big wooden chest in an art class. Flores then reveals that there was a secret reason she was doing that project.

“I didn’t tell anyone that a man living with us would come into my bedroom when I was asleep and lift my nightgown. Well, I filled that chest with the heaviest things I could find, and I put it against that door, to wake me up so I could fight him off,” Flores says in the 30-second spot. (Watch the ad above.)

Flores is running for an open seat in Chicago, to replace Rep. Luis Gutierrez (D). In the March 20 primary, she’s up against Jesus “Chuy” Garcia, who has racked up major endorsements from progressives ― including from Gutierrez himself ― and is considered the frontrunner.

The Flores campaign plans to air her ad on the night of the Oscars ― March 4 ― when celebrities will be calling attention to sexual harassment. Flores has the backing of Emily’s List, the pro-choice Democratic organization, and she is the founder of La Casa Norte, a nonprofit helping families and young people who are homeless.

Flores also has a longer online version of her ad, in which she talks more about her background and experiences. She said when her abuser would push on her door, the sound of it against the heavy chest would wake her up, allowing her to scream at him to go away.

She returned to her childhood bedroom to shoot the ad.

″[O]ne of the things I am trying to get through to voters is not just the issues I care about but the type of person I am,” she told Variety in an interview. “I thought it was important that I had a very traumatic childhood experience, but that I am more than the trauma, more than a victim, and that I have survived and thrived.”

Thursday, June 28, 2018

Chris Giunchigliani is the Lauren Book of Nevada, and that is not a compliment


Using an abuse narrative as a political platform for an election campaign is a new low. You know, Hillary lost the election at least in part because of these shitty ad campaigns like this.

https://www.reviewjournal.com/news/politics-and-government/nevada/nevada-candidate-for-governor-reveals-past-abuse-in-tv-ad/

Nevada candidate for governor reveals past abuse in TV ad
By Ramona Giwargis / Las Vegas Review-Journal
June 4, 2018 - 12:10 am

Nevada gubernatorial candidate Chris Giunchigliani is revealing a painful truth in a new TV commercial responding to attacks ads from a group supporting her opponent.

“An 8-year-old girl was sexually abused for over a year,” Giunchigliani begins, looking straight into the camera. “Her sister was kidnapped, held in a trailer and raped for three days. I’m Chris G. And that 8-year-old girl was me.”

Giunchigliani shared the story after a PAC linked to the Clark County Education Association — which has endorsed her Democratic opponent Steve Sisolak — released an ad alleging that Giunchigliani “single-handedly protected perverts.”

The 30-second spot refers to a 2005 amendment introduced by the Nevada Assembly Ways and Means Committee, which was vice chaired by Giunchigliani. The amendment excluded certain people, including teachers, from registering as sex offenders — though they would have to register if convicted of sexual assault or child abuse.

The amendment and the bill passed unanimously. Giunchigliani has said that without the amendment, the bill would have died.

“This legislation was so deeply personal and important to me because it did things like establish the community notification website for sex offenders, and strengthened punishments on predators,” Giunchigliani said in a Reno Gazette Journal op-ed. “I did everything I could to make sure that bill passed.”

The TV ad, which will run in Las Vegas and Reno, concludes with Giunchigliani telling viewers that she also passed “five tough laws against sexual assault.”

“As governor, I’ll do everything I can to protect our children,” she says. “I live with these memories. Steve Sisolak has to live with himself.”

Contact Ramona Giwargis at rgiwargis@reviewjournal.com or 702-380-4538. Follow @RamonaGiwargis on Twitter.

Thursday, June 14, 2018

Shekita's BANANAS! Wake County ASSistant DA takes offence to registered citizen opening donut shop




http://www.charlotteobserver.com/news/local/article9136373.html

Garner sex offender’s plan to open doughnut shop scrutinized
By Kyle Jahner - kjahner@newsobserver.com
Updated June 27, 2014 08:01 PM

Randy Robertson wants to open a doughnut shop. He can’t get a job, and he sees the business as a chance to provide for himself, his wife and their daughter, who turns 3 in August.

He also said he understands why he can’t interact with customers, why he must wear an ankle monitor for the rest of his life and why many would be repulsed by him.

Robertson, 52, was convicted of taking indecent liberties with a minor after molesting a 14-year-old boy in 2010. He was also convicted of the same crime in Wake County in 1980.

At J’s Delicious Daylight Donuts, Robertson plans to keep the books and make doughnuts before store hours. He vows not to interact with customers. The store is slated to open Tuesday, and it has been scrutinized by town and county officials since an anonymous tip about Robertson’s past and his plans surfaced late last week.

Robertson and his wife, Stacey, whom he married in 2011, say they have invested $200,000 to start the business. The money, he said, was a combination of personal savings and loans from friends and family.

“I want to provide for my family. I’ve got to do something,” Robertson said.

The Robertsons’ plans are legal. The town has determined it won’t – and probably can’t – block the store’s opening. Wake County Assistant District Attorney Melanie Shekita, who handled the 2010 case, opposes the store. But she said her office does not have a legal basis for an injunction to prevent the business from opening.

“I think it shocks the conscience that Daylight Donuts would allow him to open such a thing and put ‘family-friendly’ on it,” Shekita said. “The victim and the family know, and they’re beside themselves.”

Shekita said an eatery that didn’t specialize in implicitly child-attracting sweets would have been a better choice. She also said Robertson knows that if he violates probation, it will be dealt with swiftly.

I.........

Robertson’s probation bars him from socializing or communicating with anyone younger than 16 unless accompanied by a responsible adult aware of his past abuses. His business can’t hire a minor. And he can’t leave Wake County without permission.

The Robertsons said they chose to a open a doughnut shop largely because Robertson developed a passion for baking while taking culinary classes while teaching at Wake Technical Community College from 2001 to 2008 and because there weren’t similar shops in the area.

“He can’t find a job. How can you expect to live if he can’t get hired by anybody?” Stacey Robertson said.

A choice, not a mistake

Robertson acknowledged his urges and said he takes responsibility and has remorse for his crime.

“It was a terrible choice. It wasn’t a mistake; it was a choice,” Robertson said. “I did what I did because I wanted to do it.”

Since he can never contact the victim, he said his only hope of some form of restitution is paying it forward, sometimes by trying to keep others in his group sessions honest.

“It’s by modeling the correct behavior, helping other people through their work, calling their hand when they’ve got this distorted thinking,” Robertson said. “They’ll tell their story, ‘well you know it was just an accident,’ and I’ll say, ‘that’s (bull).’ ”

He said his therapy consisted of a number of factors: overcoming denial, accepting responsibility, finding the root causes in his background, dealing with anger, having a relapse-prevention plan and learning empathy and the damage he has caused without it.

“Had I had the empathy, I wouldn’t have committed the offense,” Robertson said.

Dealing with sex offenders

UNC-Charlotte psychology professor Richard McAnulty has specialized in studying sexual misconduct and offenses for more than 20 years, including research and work as a clinical psychologist. He understands anxiety over sex offenders, but said public “lock-them-up-and-throw-away-the-key” sentiments don’t accurately address the reality of the problem.

“We know that treatment does make a difference; it does lower relapse rates and recidivism,” McAnulty said. “There is a small percentage of sexual offenders, perhaps 10 percent, who are predatory and a high risk of re-offending.”

Emphasis today is on treatment and management, he said, rather than “cure.” Research also shows, McAnulty said, that public sex offender registries are ineffective at deterring recidivism, with some unintended negative consequences. A survey of studies supports his claim.

Positive social relationships, such as a successful marriage, and large gaps between offenses lower the likelihood of relapse. McAnulty called Robertson’s acceptance of responsibility another positive sign.

Robertson maintains that the two crimes 30 years apart are his only criminal acts. He also said that he didn’t deal with his urges for decades in large part because he hadn’t been arrested.

Phillip Anthony, an attorney who lives a few houses down from the Robertsons and attends St. Andrews, said he feels for the widely shunned Robertson. As a father, he understands the fear. But he wants to see Robertson get a chance to succeed, though he has doubts about his chances of overcoming the stigma. He warned Robertson that some will “do everything they can to tear him down.”

“He’s trying his best to turn his life around. I don’t know if he’s going to be able to do it because the odds are stacked against him,” Anthony said.

Monitoring the situation

Garner police Chief Brandon Zuidema spoke to Robertson after learning about the situation June 20. Zuidema did not express major concern for public risk in the shop’s operation as long as Robertson does not violate his probation.

“We’ll be monitoring that situation,” Zuidema said. “We’ll be making sure he obeys his probation, and also making sure his rights as a prospective business owner are protected as well.”

Garner Councilman Gra Singleton said he understood Robertson’s tough spot and his legal right to run a business. He also expressed concern about the choice of business and said people would come to their own conclusions.

“Some people won’t go because of (Robertson),” Singleton said. “That’s their choice.”

Tuesday, May 22, 2018

Looks like it was NY State Senator Jeffrey Kline that was the "Ticking Time Bomb" after all


Last year, Jeffrey Kline called everyone on the registry "ticking time bombs." Now he is accused of a sex crime. NOW who is the ticking time bomb?

https://www.democratandchronicle.com/story/news/politics/albany/2018/01/12/jeff-klein-defensevictim-shaming/1029282001/

Jeff Klein's response to forcible kissing allegation draws criticism
Jon Campbell, @JonCampbellGAN
Published 6:21 p.m. ET Jan. 12, 2018
Updated 8:40 p.m. ET Jan. 12, 2018

ALBANY - Even before an article was published Wednesday detailing a woman's accusation that state Sen. Jeff Klein had forcibly kissed her, Klein's office released a memo written by a pair of lawyers that concluded her story "defies both reason and credibility."

The memo, written by attorneys from the Manhattan office law firm Loeb & Loeb,  suggested accuser Erica Vladimer had "consumed alcoholic beverages throughout the evening," while Klein "did not drink excessively or seem in any way impaired."

And in the hours after Vladimer's side of the story was published on the Huffington Post, six members of the Senate Independent Democratic Conference — the group of breakaway Democrats led by Klein — issued a joint statement saying the allegation "would be completely out of character for (Klein)."

Klein, D-Bronx, who leads the Senate's Independent Democratic Conference and strenuously denies the allegation, has launched an aggressive public campaign seeking to bolster his credibility and cast doubt that the alleged incident could have happened as described.

But some of Klein's critics have said that defense has gone too far, accusing him and the IDC of engaging in victim-shaming. They question what impact it may have on those who have suffered harassment in Albany that may be thinking of coming forward.

Klein's allies say his defense has been appropriate and deny any victim-shaming has occurred, noting that he has a right to defend himself, that many of his critics are also his political foes, and that he's entitled to due process.

Critics come forward
Vladimer, who worked as a policy analyst and counsel to the IDC, accused Klein of kissing her without consent during a cigarette break outside an Albany bar when Klein, Sen. Diane Savino and some staff members were celebrating passage of the state budget in 2015.

Klein, who represents parts of lower Westchester County, has repeatedly denied the incident happened and has said he has no intention of stepping down as leader of the IDC

On Friday, the state Working Families Party issued a statement calling on Klein to give up his leadership post, citing his attempts to discredit Vladimer's story.

"We believe Senator Klein’s response attempting to discredit the former employee who accused him was unacceptable," the party's statement read. "Based on that conduct and the seriousness of the charges, the WFP calls on both the IDC and the Senate to remove him from his leadership posts until the investigation is completed.”

The influential, left-leaning third party has clashed with Klein over the IDC's long-standing alliance with Republicans.

Savino, D-Staten Island, dismissed the criticism as political.

Savino, who is also Klein's girlfriend and a member of the IDC, was present at the Albany bar in 2015 and has denied the incident occurred.

"It's pretty clear that this has more to do with politics than anything else," Savino said in a statement.

Assemblywoman Christine Pellegrino, D-Nassau County, took her outrage to Twitter on Thursday to speak out about the IDC members' statement, accusing them of trying to "protect the power interest of the IDC."

"The accuser should not be subjected to victim shaming now that the story is public!" Pellegrino tweeted. "Given that victims rarely have any upside to coming forward, #IStandWithHer."

Klein's support
The statement, which was signed by the six IDC members other than Klein and Savino, pledged "complete confidence" in Klein, calling him a "longtime champion for women and for the state" while saying the alleged conduct would be out of character for him.

Among those on the joint statement was Sen. David Carlucci, D-Clarkstown, Rockland County, who said Friday it was meant to signal support for Klein as leader and not cast doubt on the victim's story.

The other six @IDC4NY members: "We have complete confidence in Senator Klein, and we stand by him" https://t.co/BYYwX2Unhvpic.twitter.com/mb0sdS3n2l

— Joseph Spector (@GannettAlbany) January 11, 2018
"I don't want to cast doubt on anyone that has a story to tell, and they should be welcome to tell that story, and that's important," Carlucci, an IDC member, said in a phone interview.

"That's not the intention. It's simply to say: 'Look, Senator Klein is a capable leader and I support him as leader.' And until an investigation is followed through on, then I really can't speak further on that."

Carlucci said he supports allowing the state Joint Commission on Public Ethics to investigate the matter, which Klein formally requested Thursday night.

Speaking Friday on Long Island, Gov. Andrew Cuomo said he would wait for an investigation to be completed before weighing in on whether Klein should remain IDC leader.

"There’s going to be an independent investigation," said Cuomo, a Democrat. "I think we … should wait and see what that investigation says.”

Three-page memo
The memo released by Klein's office, written by attorneys Michael Zweig and Mark Goldberg, runs through the events of the evening.

It's based on "10 separate interviews with present and former staff, and others," according to the memo.

"The Former Staffer is described by witnesses who were present at the gathering as having consumed alcoholic beverages throughout the evening," the memo reads.

When it describes Klein's alcohol consumption that night, the memo takes a softer tone: "All of the witnesses we spoke to confirmed that Sen. Klein did not drink excessively or seem in any way impaired that evening."

Vladimer could not be reached for comment.

But in an interview with NY1, she dismissed the insinuation that alcohol consumption would have anything to do with whether Klein forcibly kissed her.

"I had drinks, but honestly — so what?" Vladimer said. "Does that put a green light over my head to anybody to try and shove their tongue down their throat, to use their power over me?”

Klein has been using a public-relations firm, Global Strategies Group, to help send out statements of support for him to members of the media, including from some former staffers and community leaders.

"While we cannot comment on the specifics of the allegation, we can attest that the behavior alleged is completely out of step with the man we have worked closely with, and some of us have known personally and professionally for years," read one letter Friday from eight former staff members.

Vladimer confided in state Sen. Liz Krueger, D-Manhattan, about the allegation in the weeks prior to making her story public, though both say Vladimer did not make the identity of the senator known during their conversations.

Krueger, who sits with the main Senate Democratic Conference that has frequently clashed with the IDC, said Vladimer was aware there could be a backlash.

Vladimer understood that "whomever she was accusing would deny it and complain that she was making things up and that she was in some way unstable," Krueger said in a phone interview Wednesday.

In a Facebook post Thursday, Vladimer said it's "time to hold our elected officials accountable."

"I am willing to risk everything to help that happen," she wrote.

JCampbell1@Gannett.com

Jon Campbell is a correspondent for the USA TODAY Network's Albany Bureau.

Friday, May 11, 2018

Florida 11th Circuit Judge Pedro P. Echarte, Jr. goes full Pontius Pilate on the homeless registrant crisis

Guess who is running for reelection this year? Guess who got a $1000 donation from Ron Book? Guess who called conditions at the Hialeah homeless camp "deplorable" yet pulled a Pontius Pilate and ruled not to place a restraining order against enforcement of Miami's new "arrest the homeless for being homeless" law? THIS GUY:


This is Florida 11th Circuit Judge Pedro P. Echarte, Jr., and he just gave Ron Book the green light to strap up his jackboots and join up with the green shirts to round up the homeless registrants. 


Homeless sex offenders lose court fight to keep Hialeah tent camp. Where to next?
BY DOUGLAS HANKS
May 10, 2018 04:40 PM

A Miami-Dade judge on Thursday cleared the way for the county to dismantle a tent village of homeless sex offenders outside Hialeah, and a lawyer for some of the residents said the ruling leaves them no choice but to live on a roadside or street somewhere else.

"They'll most likely be relocating to another street corner," Legal Services lawyer Jeffrey Hearne said after the hearing before Judge Pedro Echarte Jr. in Circuit Court. "New encampments will pop up. And this cycle will continue."

Kendall residents have already been picketing over another potential offender camp where Krome Avenue meets Kendall Drive at the western edge of the county. Miami-Dade's rules bar sex offenders from living with 2,500 feet of a school, a restriction that's far stricter than the 1,000-foot radius required by Florida law. Hearne said that the Krome camp has already been subject to a drive-by splattering from a paint gun.

"The vigilantism is a real concern," he said.

A lawyer for the county said Thursday that Miami-Dade has tried to find apartments for the nearly 100 tent dwellers in the encampment, and that many have left in recent months. But with Miami-Dade now ready to enforce a new law that gives police the ability to arrest sex offenders for sleeping on county property, the tents on a county-maintained roadside off Northwest 71st Street will no longer be a viable refuge, both sides said.

"We sent buses to the area. We tried to sign up people for housing assistance. ... We also had mobile workstations there to help them find addresses in compliance with the 2,500-foot rule," said Michael Valdes, the assistant Miami-Dade attorney handling the case. "There's only so much the county can do for individuals who aren't working with the county officials trying to help them."

Miami-Dade does not allow registered sex offenders to enter homeless shelters, but does assist with rent subsidies for apartments that comply with the 2,500-foot rule.

Miami-Dade also paid to bring in portable bathrooms and hand-washing stations at the Hialeah camp to address state warnings about potential health problems there. Valdes said large groups of homeless people in tents can cause the issues with public health, but suggested the tent residents could relocate in much smaller numbers. The county, he said, has not tried to bar them from living on the streets.

"If they have to be homeless, if they're on the street, there's no evidence the county has threatened them in any way with arrest," Valdes said. "The issue that we have is ... the erection of the tent structures on a semi-permanent basis."

Legal Services and the American Civil Liberties Union sued to block Miami-Dade from enforcing its new anti-camping legislation targeting the tent city, citing a technicality involving whether an actual building had to be on the land for the ordinance to apply. The suit also claimed the tent residents had a right to stay in the tent city, since Miami-Dade's overly strict rules on people with sex-offense convictions had left them with no legal, humane options.

Echarte rejected the legal arguments, saying the four anonymous tent residents who filed the suit had no case to make against Miami-Dade.

But the judge condemned the "deplorable" conditions facing the plaintiffs.

"Conditions so bad that most of us would not want our family pets living there," Echarte said. "Sadly neither the outcome of this motion, nor this case, will correct this serious societal problem. That has to come from the executive and legislative branch."

11th Circuit, back pocket