Letter to the U.S. Department Of Justice, Congressman, legislature and anyone who will listen.............

I would like to thank you in advance for taking the time to read my letter.  I am a very concerned citizen with some VERY SERIOUS issues with Escambia county sheriffs office and the FDLE. I have been doing extensive research on the sex offender registration program here in Escambia county for almost a year now, all due to the false arrest of a sex offender that was complying with the local as well as federal law.

  1) I will start with the problem I found the FDLE official website that list Sex offenders in this county and all over Florida.  I went to the website to check out how many sex offenders lived within a 5 mile radius of my address.  I found 501.  But once I started looking at the list, only 102 of the offenders were CURRENT.  Why?  This list is NOT current. Megan's law was put into effect so that the public was aware of where in the community these sex offenders are located so that we could better protect our children. It was also to aid law enforcement should something happen to a child in the area.  But this is not the case here. And 

 2)  The other problem I have is FDLE wants to go after the offender for NOT complying with the registration laws, yet they don't comply with federal regulations.  Why is this being allowed?  Why is FDLE and the sheriffs office allowed to give excuses and not be punished for there inadequacy? I believe the federal government needs to find a better system.  They need to hold the counties accountable for their actions, just like the county holds the offender accountable.  

3) The sex offender list has caused many widespread problems in the United States, such as vigilantes who takes matters into their own hands, which is exactly what a couple in N.C. has done.  The way the registry is set up, it puts ALL sex offenders on this list, whether  they are a threat to society or not.   I have heard the deputies say that the system needs to be reevaluated. They think its a waste of time and money to monitor sex offenders who don't pose a threat to our community.  If they didn't have to monitor these offenders, it would leave time and money to monitor the ones our community should fear.  

4) Within the State of Florida, there are many cases where persons where prosecuted and convicted of sex crimes without DNA, and little to NO evidence except for the word of the accuser. There should be a full investigation into all allegations before a formal charge is made.  In the case I've been reviewing, The defendant was charged with a lewd and lascivious act in the presence of a minor.  The mother stated that this person allegedly broke into her home through her 14 yr old daughters bedroom window tapped her on the shoulder and asked her to smoke a joint.  How is this a sex act.  And now these people prosecuted basically have a life sentence.  Why?  Because of the way the law is structured.  

5) I found that in some cases, where someone being charged with a sex offense, the defendant was not counseled correctly as to the severity of the offense.  The majority of these cases where handled by the Public defenders office, and in one case, no investigating was done by the ASA or the attorney on record.  The defendant wasn't even informed he would have to register as a sex offender.  This is a grave injustice.  It's reasons like this that the sex offender laws need to be reevaluated.  This point is only part of the fall out of the failing system. Not to mention the issue of double jeopardy.   

6) The ASA is not knowledgeable in the sex offender laws, yet they prosecute defendants and ad lib the law when it is convenient.  This is not about another win for them this is about the lives of possibly innocent people.  And on the flip side the don't know enough and have let some of these dangerous people go, simply to offend again. 

These are the main points I wanted to make and propose the following:

1) Have Escambia County and FDLE investigated and made to comply with the federal law of SORNA.

2) To rework the tiers of sex offenders. Low Level sex offenders should have to report to the sheriff office in the same manner as a release felon.  The way I and many others look at it, what makes these offenders any less dangerous then a murderer or an armed robber.  These people can be just as much treat to the public.  

   

3) If a low level sex offender has been compliant for 5 yrs with no new SEX crimes he should be exempt from registering, not 10 years.

4) All predators and pedophiles should have to register for life.

Please consider making a change. Our Sheriffs office is already having to give up the job of running the jail because they are incompetent.  I sincerely hope you will contact me in regards to this.  I am working on a program for our community to help offenders as well as victims.  I would like the opportunity discuss this further.

The village where half the population are sex offenders

The village where half the population are sex offenders

Motions filed for Ma'Lik Richmond

Attorney argues that sex offender classification is unconstitutional

STEUBENVILLE - An attorney representing Ma'Lik Richmond in his rape case in juvenile court is arguing a sex offender classification is unconstitutional because it subjects Richmond to double jeopardy.

Richmond, 16, of Steubenville in March was found delinquent of a charge of rape in connection with an incident involving an underage girl that happened last August.

Retired Juvenile Judge Tom Lipps sentenced Richmond and Trent Mays, 17, of Bloomingdale to a minimum of one year in a Department of Youth Services facility. Mays also was sentenced to another minimum of one year after he was found delinquent of illegal use of a minor in nudity-oriented material for having a picture of the 16-year-old victim in an outgoing text message on his cell phone.

No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life

No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life

90 Sex Offenders Might Become Homeless in Miami-Dade Next Week.

90 Sex Offenders Might Become Homeless in Miami-Dade Next Week.

Sex Offender Court Decisions: Judge overturns 15-year extension of sex offender'...

Sex Offender Court Decisions: Judge overturns 15-year extension of sex offender'...: Case to be appealed see HERE 7-15-2013 Kansas: Citing the U.S. Constitution forbidding more punishment for a crime already resolved,...

Sex offender registry expansion approved by House

Sex offender registry expansion approved by House

Changing the sex offender laws again?

Sex offender registries were created as a response to several heinous crimes where the victim was attacked by an offender who had served time in prison and been released without the public's knowledge. The theory behind registries is that when people know where a convicted offender lives, they can take precautions to keep themselves and their families safe. These laws are suppose to be there to protect the children.  Unfortunately these laws aren't really making that big of a difference.

I see a lot of flaws in the registry program.  Starting with the prosecutors wrongfully charging an individual for sex crime.  This classification of crime should be used for serious sexual offenses.  Not pissing on the sidewalk.   The State and local law enforcement that fails to do their job and the wrong people pay the price.  

  What happens when a child lies and a persons life is now ruined forever?  Especially when there is no hardcore evidence and the attorney for the accused fails to look into the charge.  How many falsely accused sex offenders are there?  Yes, I know people are falsely accused of crimes all the time.  But it doesn't carry the stigma of a sex offender.

 Why in the world do we put people that commit certain sex crimes in the  sames category as a child molester and predators?

 Certain things we did years ago that were considered innocent and harmless, (such as having teenage sex).  How many people have had sex in their car and got caught?  This is now considered a SEX crime?!  If convicted you are subjected to the same basic rules as a predator.  Your face is on a sex registry, you must tell the sheriffs office of your whereabouts or face prison, and all because you had sex with your then boyfriend or girlfriend?   And lets not forget the falsely accused.  They do exist as well.  So now we have these people carrying a serious, life ruining label, who do not pose threat to anyone, living in shame,  Why is this? 

 Why are we wasting our time with these lower level offenders? People charge with sex crimes, that when truly evaluated, weren't sexual in nature at all.  Each case should be evaluated when it comes to SEX CRIMES, if this was done, we would find the registry system a lot less crowded, our tax dollars would go further,  and you would be viewing the faces of the people we really SHOULD fear? 

I don't agree with the way prosecutors go about charging someone with a sex crime when the evidence is not supporting such a charge.

 I believe the State of Florida uses the sex crime statute  way too much. They don't investigate the crimes properly and if the accused is represented by the public defenders office, chances are the will not be dealt with fairly. 

PLEASE, PLEASE remember, not all sex offenders have cases involving children. I don't believe that every time a heinous crime against a child happens and we change the laws that it should apply to ALL sex offenders.

So, today I sit and watch the news and read articles where we now are charging the same children the sex offender laws were put in place to protect, and making them sex offenders?!!!  REALLY!!!!!   Now how are people going to view these sex offenders......   There are serious changes to be made.  Let 

Tired of the injustice?.....Help us to change these laws.   

Another reason to fight

Here's the deal... in Texas law says that you cant admit evidence of past felony conviction during guilt/innocence phase of a criminal trial. Trial for failure to register as a sex offender does exactly that. so the rights of a person that has been found guilty whether admitted or convicted of a sex offense in a trial during failure to register can be objected and mistrial should and i say SHOULD because there are some judges that fear death of themselves and not their duty to uphold the law that they swore to protect will not admit that the trial of a person failing to register is in fact violating the rule that tainting the jury or court of conviction of past felony offenses during that said trial is in fact a violation of that persons right to a fair trial. Therefore a person being held trial for failure to register has been subjected to conflict of interest and should have their lawyer object. No other offense of this nature can be held in this perspective because no other offense requires public disclosure to this extent and anyone who thinks that i am full of shit should read criminal procedure before violating the natural civil rights of other human beings, whether you think i am one or not.

Signed,

one pissed free and law abiding sex offender

Sex Offender Registry - What you may not know

FL - Sex offender talks to ABC Action News about his past

FL - Sex offender talks to ABC Action News about his past

Think about this.......

Sex offenders are treated uniquely under state and federal law as the only offenders whose punishment does not end once they have completed their court-imposed sentence. For many, the punishments they suffer after finishing their sentences are much harsher than those they received from a judge.

While the state's interest in monitoring the activities and limiting the contact with children of the most dangerous offenders is understandable, the law also makes it difficult for those who do not pose a risk of re-offending to re-enter society and attempt to re-establish their lives. Florida and other states need to recognize that not everyone who has been labeled as a sex offender poses the same risk to society and treating them all the same is a grave injustice.

One mans story......

In 1994, at the home of a 28 yr old women, sat some teenage boys about to celebrate their friends 16th birthday.  At the time, this women was under the assumption that these guys were at least 18.  And that the birthday boy was to hit his 18th as well.  They joked to the women to give him a birthday "GIFT".  By the next morning this 16 yr old had his first "OLDER" women experience.  It seemed a trendy thing to do back then.  This birthday gift actually turned into a long term relationship.

Several years later and some run ins with the law, this young man was finally 18. Lets call him Will. He had gone to the women and tried to end the relationship, but the women was mad.  Threatening and telling him "if I can't have you, no one will".  Will left anyway.

While sitting in jail awaiting his fate on other charges, this women comes out of no where with accusations he sexually assaulted her then 14 year old daughter.  The incident she described to the State Attorney was that this young man climbed through the girls bedroom window, tapped her on the shoulder and asked her to smoke a joint. The state charged Will with "lewd and lascivious act in the presents of a minor".  She testified in open court that the girl was devastated and scared she was receiving extensive therapy. There was never any kind of investigation, other then depositions taken by the state from the alleged victim, her mother (who was Will's lover from the time he was 16-18 years of age), and some of her live in associates, including a live in, legal aged,  boyfriend. 

So why was the state going with a sexual charge?  Why not endangering the welfare of a minor?  Since when is a tap on the shoulder and offering a joint a sexual act?  And why wasn't the mother charged with having sex with a minor?

NONE of these questions were EVER answered.  Will told his attorney he was not even in the house at the alleged time.  He had an alibi. BUT..........because he was suppose to be at a work release center and had absconded, his story was useless. No ones going to believe you, his attorney said, you weren't where you were suppose to be.  There was no physical evidence that Will was anywhere near the alleged victims home.  he was in another town with many witnesses.  No one was ever questioned. No DNA, FINGERPRINTS, NOTHING!  It wasn't brought up AT ALL!!!!!  Just the accusations from a scorned women and her coerced daughter.  I say that because this young girl was told by her mother what to tell people.  This girl was already going to therapy for other issues.  Her mother had 7 children and a different father for each.  NOTHING was looked into.  Will wasn't even aware of the repercussions and severity of the charge he faced from the alleged victim.  He was told.  Take the plea or your going to spend a very long time in prison.  With no help or guidance he took the plea.  His life would never be the same.

He became another young person lost in the already bogged down judicial system.  Most of these young people have no knowledge of the law.  They trust their Attorney is doing everything they can to help them, because they don't have any choice.  There should be more options for people faced with these overwhelming charges.  Was this fair......this man now has to register as a sex offender for a crime he didn't commit.  He will be view with disgust and loathing from society because a women lied????? Unbelievable!

 Then to make matters worse, you arrest him and charge him with failing to change his address and failing to report the change.   Each time Will moved he changed his address with the DMV and the sheriff's office, as he is suppose to do according to the rules of the statute.

Okay, now comes the most disturbing part of all......I received a  subpoena from the State of Florida.  As I am in deposition with the assistant state attorney and the defense attorney. The ASA want to know where Will laid his head every night........I responded by siting that the law "Residence either permanent or temporary is a place where a person abides, lodges, or resides for 5 or more CONSECUTIVE days".  She told me I was wrong.  That's not what the law said.  I found it very disturbing that this women defends society against sex offenders and predators and doesn't know the law!!!!!  You have hundreds of homeless sex offenders in the state of Florida and they are VERY hard to trace.  These homeless sex offenders and predators move about every day with no answering to the police.  They are suppose to call in EVERYDAY when you classify yourself as homeless.  How do they know where these people really are?  They can call from anywhere.  Especially now that the government supplies them with free phones.

Your going to try to lock up a person because he may or may not have spent every single solid night at his place of residence.  Is that what the law says?  NO!  Will stayed in compliance every step of the way.  I fault FDLE and the Sheriff's office with failing to do THEIR job and then want to punish innocent people for their screw ups.

We are taking this case to trail.  One that will waste the taxpayers money.  All because a uneducated ASA doesn't know her law.  She is wasting countless time on a clear case of a misunderstanding,  to possibly have a REAL predator/sex offender slip through because you didn't get all the facts straight.  How many others have suffered this same or similar fate?  I believe each case should be evaluated separately, and that the sex offender label not be used so liberally.  How can you put a one time sex offender, whose crime happened so long ago, with no new or repeated sex offense, in the same class as one who stalks and preys on our children??????

I'm making a stand and I'm making a change......  I want to be their advocate.