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.”
Blogroll of nominees for the Annual Shiitake Awards, which spotlights the dumbest "sex offender-related stories of the year." The Shiitake Awards is a project of Once Fallen. For a full description of the Shiitake Awards and its mission, or to learn how to submit a nominee, click on the "About the Shiitake Awards" tab. Articles on this site fall under Fair Use Doctrine (Copyright Act of 1976, 17 USC 107) for purposes related to news, information, and social commentary.
Showing posts with label 2019 Dumbest/ Worst Pol. Show all posts
Showing posts with label 2019 Dumbest/ Worst Pol. Show all posts
Monday, December 23, 2019
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.”
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.
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.
Thursday, June 6, 2019
New York State Comptroller Thomas DiNapoli has ELECTILE Dysfunction
Here's the thing-- according to this clown's OWN REPORT, there is NO FEDERAL LAW that specifically bans registered persons from obtaining any medicines that could be used to treat ED, though Medicaid doesn't pay for drugs specifically for ED in general. (There is a state law that could easily be challenged in court for denial of services provided by the federal government as states cannot deny rights granted by the gov't.) However, some ED drugs are used for other purposes, as this idiot admits:
"Two common brand name drugs to treat ED, Viagra and Cialis, have Sildenafil citrate (Sildenafil) and Tadalafil, respectively, as their active ingredient. However, these two active ingredients were also FDA approved for other (non-ED) indicated uses: pulmonary arterial hypertension (PAH, which is a condition characterized by abnormally high blood pressure in the pulmonary artery, the blood vessel that carries blood from the heart to the lungs) and benign prostatic hyperplasia (BPH, which is a condition in men in which the prostate gland is enlarged)."
Of course, this guy focused a very small number of registered persons because he wants to shock people.
Some pols will do anything to get reelected.
https://www.lockportjournal.com/news/local_news/audit-finds-state-covered-ed-help-for-sex-offenders/article_b190d9cf-cb2a-548e-83e1-ad67da88504a.html
Audit finds state covered ED help for sex offenders
DINAPOLI: Sex offenders received help for erectile dysfunction despite rules barring practice.
Staff reports 6/5/19
New York's Medicaid program paid more than $60,000 for sexual and erectile dysfunction drugs and treatments for 47 sex offenders, according to an audit released Wednesday by State Comptroller Thomas P. DiNapoli.
In total, Medicaid made more than $930,000 in payments for ED drugs and treatments for recipients, including sex offenders, that are barred under Medicaid.
“There are clear rules about what conditions Medicaid will cover when it comes to erectile dysfunction drugs. And paying for sex offenders who’ve committed terrible crimes to get these drugs should never be lost in the bureaucratic administration of this program,” DiNapoli said. “Nearly two decades ago this office identified this problem, which led to national and state changes. While the state Department of Health immediately followed up to make corrections during the course of our audit, our auditors found that the problem persisted and needed to be fixed.”
In 2005, a review by the Office of the State Comptroller determined that Medicaid paid for the erectile dysfunction drug Viagra on behalf of 198 recipients who were registered sex offenders classified as level-3 (most likely to reoffend). Given the risk to public safety, the review sparked an overhaul of legislation at the federal and state levels to ensure such drugs are not paid for by Medicaid.
Current federal and state laws prohibit Medicaid from paying for drugs to treat sexual or erectile dysfunction for Medicaid recipients, including registered sex offenders. State law additionally prohibits payment for procedures or supplies to treat ED for registered sex offenders.
In 2011, Medicaid pharmacy benefit management for managed care recipients was transferred from DOH to managed care organizations (MCOs). DOH directed MCOs on how to handle ED drug exclusions and indicated uses. Under managed care, MCOs are expected to police the drugs Medicaid recipients enrolled in their plans can get and to determine their medical necessity.
Auditors found that did not always happen. Since the transition of pharmacy benefit management to MCOs, Medicaid continued, primarily under managed care, to fund drugs, procedures, and supplies that enhance sexual and erectile function for recipients, including registered sex offenders.
DiNapoli’s auditors found that from April 1, 2012 to July 1, 2018, Medicaid made $2.8 million in payments for ED drugs approved to also treat Benign Prostatic Hyperplasia (BPH) or Pulmonary Arterial Hypertension (PAH) on behalf of patients who did not have such diagnoses listed on their medical claims submitted up to six months before receiving the prescriptions. These claims indicate an elevated risk that the drugs may have been abused or sold to others. Among those payments, 411 recipients had a diagnosis of ED (but no BPH or PAH diagnosis) on their claims, totaling $207,256 in Medicaid payments.
Similarly, Medicaid paid $285,641 for ED drugs approved to also treat BPH or PAH for 14 sex offenders (see table 3 in audit), 11 of whom were classified as a level-2 or a level-3 sex offender. Auditors reviewed the medical records of 13 of the 14 sex offenders to determine if the records supported a diagnosis of BPH or PAH and found 31 percent, or four of 13 cases, supported only a diagnosis of ED. One case was indeterminate.
DOH did not monitor the use of ED drugs, procedures, and supplies, including payments by MCOs. The audit and the department’s analyses both indicate a large portion of MCO claims for ED drugs approved to treat other medical conditions lack assurance of medical necessity. MCOs made most of the payments the auditors reported on.
DiNapoli’s auditors found some MCO controls are not designed to effectively prevent sex offenders from obtaining treatment for ED. Specifically, after a recipient obtains ED treatment, if an MCO finds out the recipient is a registered sex offender, the MCO merely does not pay for the services when other steps could be taken to prevent sex offenders from obtaining them.
Auditors further found DOH’s eMedNY computer payment system also incompletely incorporated controls to prevent covering ED procedures and supplies for convicted sex offenders. Consequently, Medicaid fee-for-service inappropriately paid $27,288 for 21 excluded ED procedures and supplies provided to 15 sex offenders (at least 6 of the 15 were classified as level-2 or level-3 sex offenders).
DiNapoli has recommended DOH take the following steps:
• review the payments identified by auditors and ensure recoveries are made from providers, as appropriate;
• regularly provide MCOs with detailed lists of all ED drugs, procedures, and supplies that are excluded or have limited Medicaid coverage;
• periodically monitor coverage, utilization, and payment of ED drugs, procedures, and supplies; and take corrective actions to ensure compliance with laws, policies, and procedures and
• improve DOH’s eMedNY computer system controls to apply sex offender status in the processing of certain claims and prevent the processing of incomplete electronic Division of Criminal Justice Services sex offender registry files.
In its response to the audit, DOH indicated the actions it would take to correct the issues found.
Tuesday, May 7, 2019
Mass. State Rep Shaunna O'Connell wants to ban registrants from getting name changes
She's no stranger to this blog. Maybe if she wins a Shiitake Award, she'l change her name to Lady Mullet.
https://www.boston25news.com/news/state-rep-taking-action-after-25-investigatesreport-on-sex-offender-name-changes/945876488
State Rep. taking action after 25 Investigates report on sex offender name changes
By: Ted Daniel
Updated: May 2, 2019 - 9:50 PM
A State Representative is taking action after a Boston 25 Investigates story shed light on registered sex offenders legally changing their names to hide in plain sight.
Nineteen states limit or restrict registered sex offenders from changing their names, but there are no laws like that in Massachusetts. With a $150 filing fee and a judge's signature, a sex offender can become - on paper at least - a new person.
Brighton inventor Michael Plusch became Michael Stanley in 2013. He was legally able to change his name, despite being a registered level three sex offender who served time for molesting young girls.
It's unclear how many other sex offenders have legally changed their names.
The Sex Offender Registry Board told 25 Investigates that it doesn't specifically track that data.
"It's hard enough to keep track of these guys as it is and they change their names and it makes it that much more difficult," said Bob Curley.
Somerville's Bob Curley is very familiar with this issue. Charles Jaynes, one of the men who raped and murdered his 10-year-old son Jeffrey tried to change his name several years ago. The case went all the way to the state appeals court.
"We had to fight that every step of the way and fortunately he wasn't able to do it... Somebody should step and do something about it," Curley said.
State Representative Shaunna O'Connell of Taunton saw our report and is stepping up. She says she plans to file legislation at the State House.
"I think that's important to have in statute that you may not change your name if you're a sex offender. If you don't want to be on the sex offender registry then you should not commit heinous sex crimes against women and children," said O'Connell.
If the state sex offender registry board learns of a name change or a new alias, it will update its database with the new information and people at home can access that, but ultimately, it's up to the offender to report those changes to the registry.
https://www.boston25news.com/news/state-rep-taking-action-after-25-investigatesreport-on-sex-offender-name-changes/945876488
State Rep. taking action after 25 Investigates report on sex offender name changes
By: Ted Daniel
Updated: May 2, 2019 - 9:50 PM
A State Representative is taking action after a Boston 25 Investigates story shed light on registered sex offenders legally changing their names to hide in plain sight.
Nineteen states limit or restrict registered sex offenders from changing their names, but there are no laws like that in Massachusetts. With a $150 filing fee and a judge's signature, a sex offender can become - on paper at least - a new person.
Brighton inventor Michael Plusch became Michael Stanley in 2013. He was legally able to change his name, despite being a registered level three sex offender who served time for molesting young girls.
It's unclear how many other sex offenders have legally changed their names.
The Sex Offender Registry Board told 25 Investigates that it doesn't specifically track that data.
"It's hard enough to keep track of these guys as it is and they change their names and it makes it that much more difficult," said Bob Curley.
Somerville's Bob Curley is very familiar with this issue. Charles Jaynes, one of the men who raped and murdered his 10-year-old son Jeffrey tried to change his name several years ago. The case went all the way to the state appeals court.
"We had to fight that every step of the way and fortunately he wasn't able to do it... Somebody should step and do something about it," Curley said.
State Representative Shaunna O'Connell of Taunton saw our report and is stepping up. She says she plans to file legislation at the State House.
"I think that's important to have in statute that you may not change your name if you're a sex offender. If you don't want to be on the sex offender registry then you should not commit heinous sex crimes against women and children," said O'Connell.
If the state sex offender registry board learns of a name change or a new alias, it will update its database with the new information and people at home can access that, but ultimately, it's up to the offender to report those changes to the registry.
Friday, April 19, 2019
Jamestown NY school superintendent Bret Apthorpe is apparently willing to go to federal prison to deny RCs the chance to vote
Bret Apthorpe, Jamestown NY's superintendent, is apparently fine with violating Title 18, U.S.C., Section 241 Conspiracy Against Rights, and Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law.
Title 18, U.S.C., Section 245 explains what are Federally Protected Activities that are protected by sections 241 and 242 and the very first is “1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:
a) A voter, or person qualifying to vote…;”
Since Apthorpe threatened to use armed goons to "escort" registrants attempting to vote off school grounds, add 18 U.S. Code § 594. Intimidation of voters to the list.
Despite Executive Order, Jamestown Public Schools Will Turn Away Registered Sex Offenders During Budget Vote and School Board Election
APRIL 17, 2019
James School Board president Paul Abbott and school superintendent Bret Apthorpe.
JAMESTOWN – Governor Andrew Cuomo may have signed an executive order that gives voting rights to registered sex offenders, but that doesn’t mean they’ll be showing up and voting at Jamestown Public Schools anytime soon.
Last year Cuomo signed an executive order that allows thousands of parolees across the state vote, including registered sex offenders. But state law also says that any sex offender has to have the written authorization of the school superintendent to enter school property.
On Tuesday night School Superintendent Bret Apthorpe informed the School board he would not be giving that authorization to sex offenders who wish to vote on the upcoming school budget.
“I will not give written authorization to any convicted sex offender or pedophile to be on school property. We will have each of the three locations manned by a School Resource Officer or ‘red shirt’ – which is an off-duty police officer. They will be given the pictures and names of all the sex offenders or pedophiles in the voting area. If any of them show up they will be escorted off the property,” Apthorpe said.
Wednesday, February 20, 2019
The Dark Figure of South FL's US District Judge Paul C Huck(ster)
If you want to know why Miami-Dade County FloriDUH continues to be ground zero for residency restriction depravity, look no further than this US District Judge Paul C Huck crooked piece of shit. And if you're pissed off I'm cursing so much, read his recent decision, Does v Miami Dade Co., Case 1:14-cv-23933-PCH (So Dist FL, 18 Dec 2018), and I guarantee you that you'd be pissed too.
Senior Judge Paul C. Huck
Wilkie D. Ferguson, Jr. United States Courthouse
400 North Miami Avenue
Room 13-2
Miami, Florida 33128
https://floridaactioncommittee.org/wp-content/uploads/2018/12/Does-v.-Miami-Dade-Sorr-Order-of-Judge.pdf
There is a possible tie between Paul HUCKSTER and the recent Scurich and John report. The Defendant, Miami-Dade County, used Richard McCleary as a witness. McCleary is a colleage in the same department at U. of Cal-Irvine (UCI) as Richard John, the Shiitake nominee who wrote that idiotic report on the "dark figure of recidivism." The work of these hucksters were cited in Judge Huck's decision. Huck cited the debunked Langevin and Prentky studies as well.
The ruling is 45 pages long, so I won't post the whole thing here. Below are the lowlights:
On recidivism, Huckster ruled, "lt is meaningful that while the experts disagreed as to the extent of the risk, they all acknowledged that sexual recidivism is an existential danger. Accordingly, the Court finds that Plaintiffs have not established a reliable rate of recidivism among sex offenders, but the County has a sufficient basis to determine that the risk to children 15 years old and younger is
substantial." (I've already debunked the belief of high recidivism numerous times but this judge was determined not to listen to facts.)
On effectiveness of residency restrictions: Plaintiffs also have not proven that the residency restriction is ineffective. In fact, Plaintiffs' expert Dr. Socia testified that studies show that after the imposition of residency restrictions, reoffense rates went down, although not in a statistically significant way. Moreover,Dr. Mccleary explained that to evaluate a residency restriction at the level of statistical significance, the sample size must be sufficiently large. He said that virtually all of the samples in the policy literature on residency restrictions (including those relied on by Dr. Levenson) are too small to detect their effects. Dr. Mccleary also testified that finding a residency
restriction has no statistically significant effect does not imply that the law is ineffective. Dr. Levenson cited studies to support her opinion that residency restrictions are not effective', however, these studies evaluated different laws from different states, with different outcomes. (Notice the Judge relies solely on McCleary's testimony. There is NO actual study that showed a decrease in recidivism. Instead, the judge looked solely at one state that had a decrease within a study where other states reported an increase and made the claim that residency restrictions are effective.)
Downplaying the difficulty of finding housing: Plaintiffs' expert Dr. Socia opined that after accounting for affordability and availability, there are only 338 housing rental units outside the buffer zones. The Court finds that this number is unreliable and understated. Dr. Socia did not just calculate the number of available housing limits under the Ordinance by excluding those within 2,500 feet of a school. He also added three additional criteria, only including housing that is: 1) rental in nature, 2) affordable, and 3) currently available for rent. (So the judge actually thinks a person living on disability (SSI is $770 at the moment) can afford to rent an apartment at $2500 a month. I've stretched a dollar until it hollers but I find this logic too far of a stretch.)
Senior Judge Paul C. Huck
Wilkie D. Ferguson, Jr. United States Courthouse
400 North Miami Avenue
Room 13-2
Miami, Florida 33128
https://floridaactioncommittee.org/wp-content/uploads/2018/12/Does-v.-Miami-Dade-Sorr-Order-of-Judge.pdf
There is a possible tie between Paul HUCKSTER and the recent Scurich and John report. The Defendant, Miami-Dade County, used Richard McCleary as a witness. McCleary is a colleage in the same department at U. of Cal-Irvine (UCI) as Richard John, the Shiitake nominee who wrote that idiotic report on the "dark figure of recidivism." The work of these hucksters were cited in Judge Huck's decision. Huck cited the debunked Langevin and Prentky studies as well.
The ruling is 45 pages long, so I won't post the whole thing here. Below are the lowlights:
On recidivism, Huckster ruled, "lt is meaningful that while the experts disagreed as to the extent of the risk, they all acknowledged that sexual recidivism is an existential danger. Accordingly, the Court finds that Plaintiffs have not established a reliable rate of recidivism among sex offenders, but the County has a sufficient basis to determine that the risk to children 15 years old and younger is
substantial." (I've already debunked the belief of high recidivism numerous times but this judge was determined not to listen to facts.)
On effectiveness of residency restrictions: Plaintiffs also have not proven that the residency restriction is ineffective. In fact, Plaintiffs' expert Dr. Socia testified that studies show that after the imposition of residency restrictions, reoffense rates went down, although not in a statistically significant way. Moreover,Dr. Mccleary explained that to evaluate a residency restriction at the level of statistical significance, the sample size must be sufficiently large. He said that virtually all of the samples in the policy literature on residency restrictions (including those relied on by Dr. Levenson) are too small to detect their effects. Dr. Mccleary also testified that finding a residency
restriction has no statistically significant effect does not imply that the law is ineffective. Dr. Levenson cited studies to support her opinion that residency restrictions are not effective', however, these studies evaluated different laws from different states, with different outcomes. (Notice the Judge relies solely on McCleary's testimony. There is NO actual study that showed a decrease in recidivism. Instead, the judge looked solely at one state that had a decrease within a study where other states reported an increase and made the claim that residency restrictions are effective.)
Downplaying the difficulty of finding housing: Plaintiffs' expert Dr. Socia opined that after accounting for affordability and availability, there are only 338 housing rental units outside the buffer zones. The Court finds that this number is unreliable and understated. Dr. Socia did not just calculate the number of available housing limits under the Ordinance by excluding those within 2,500 feet of a school. He also added three additional criteria, only including housing that is: 1) rental in nature, 2) affordable, and 3) currently available for rent. (So the judge actually thinks a person living on disability (SSI is $770 at the moment) can afford to rent an apartment at $2500 a month. I've stretched a dollar until it hollers but I find this logic too far of a stretch.)
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