https://www.wkbw.com/news/i-team/loophole-in-state-law-allows-nursing-home-sex-offenders-to-go-undetected
Loophole in state law allows nursing home sex offenders to go undetected
Convicted rapist lives at Newfane Rehab & Health
Posted: 3:24 PM, Jun 06, 2019 Updated: 5:17 PM, Jun 06, 2019
By: Charlie Specht
BUFFALO, N.Y. (WKBW) — **** -- who was convicted of raping someone at knifepoint 30 years ago -- moved to Newfane Rehabilitation and Health Care center in January.
But it wasn't until 10:45 a.m. Thursday that the state alerted the Newfane community that the Level 3 sex offender lived there.
7 Eyewitness News tried to ask Newfane Rehab administrator Craig Shaffer why residents weren't notified until Thursday, but he did not return a message left for comment.
According to state law, the nursing home doesn't have to tell residents, their families -- anyone -- about Mitchell's criminal past.
Even the State Health Department acknowledges nursing homes in New York are not required by law to notify residents that the man or woman in the next room is a sex offender.
A similar issue with a sex offender happened two years ago at the Waterfront Center nursing home in downtown Buffalo, when Thomas Moore -- a sex offender -- allegedly sexually assaulted a woman at the nursing home.
So why are these men allowed to live at nursing homes in the first place?
Because, according to experts, even sex offenders have rights.
“We as a society cannot impose a heavier burden upon this person and say, ‘Well, even though the court system released them into the community, we don't want them in our community,’” said Florina Altshiler, a Buffalo attorney.
Residents -- even those who are elderly or without access to computers -- must take the initiative to look up that information on their own. Altshiler said nursing home officials could face civil lawsuits for not doing more to protect residents.
“The question will hinge on what notice - if any - did that nursing home have, and what action - if any - did they take upon receiving that notice?” she said.
That doesn't sit well with State Assemblyman Patrick Burke of South Buffalo.
“People have a difficult decision to make when they're placing a loved one in a nursing home, and they should have that information available, too,” Burke said. “So not just the residents who may have to live with the sex offender, but also those who are a part of making that decision for their loved one.”
https://www.woodtv.com/news/grand-rapids/ag-msp-tell-vigilante-to-stop-chasing-predators/2072180338
ReplyDeleteGRAND RAPIDS, Mich. (WOOD) — State authorities are telling a metro Grand Rapids man who confronts suspected sexual predators to stop what he's doing, saying "vigilante activity will not be tolerated."
"I strongly urge the public to leave this work to career professionals," a Wednesday statement from Michigan Attorney General Dana Nessel read in part.
The Attorney General's Office told 24 Hour News 8 the statement was prompted by new videos posted online by Zach Sweers of metro Grand Rapids. Sweers has a YouTube channel called Anxiety War in which he posts videos of himself baiting sexual predators online and then confronting them in real life.
The statement from the Attorney General's Office and Michigan State Police says Sweers' recent videos have "escalated and demonstrated reckless conduct."
“It is reckless and dangerous for residents to take matters of law enforcement into their own hands. Not only does it put them directly in harm’s way, it actually hinders our ability to keep our kids safe and protect them from dangerous individuals,” Nessel's statement read.
Authorities say they can handle finding and convicting predators. MSP said that when average citizens try to catch offenders, they jeopardize prosecution because the evidence is questionable and may not be admissible in court.
"Vigilantes also open themselves up to civil litigation and criminal charges when acting outside of what laws allow," Detective 1st Lt. James Ellis, the commander of MSP's Cyber Section, warned in a statement.
When 24 Hour News 8 talked to Sweers Wednesday afternoon, he declined to say whether the Attorney General's Office had reached out to him directly. When asked why he hasn't stopped, he indicated he has no reason to. He said he thinks authorities don't want competition.
In 2016, Sweers took several of his videos to Grand Rapids police. That led to criminal charges against seven men, all of whom ultimately either took plea deals or were found guilty, though none of them were ordered to spend more time behind bars at sentencing.
But local authorities also told Sweers at the time to stop what he was doing, saying it was dangerous. They said they would not prosecute any more cases he sent their way. On Wednesday, Kent County Prosecutor Chris Becker reiterated that stance.
Sweers was also sued by two of the men in his videos. Those suits were ultimately settled.
If you notice any suspicious behavior online, can report it to the National Center for Missing and Exploited Children's Cyber Tip Line or by calling 1.800.843.5678. The National Center for Missing and Exploited Children also offers information about protecting your kids online.