Showing posts with label bad prosecutors. Show all posts
Showing posts with label bad prosecutors. Show all posts

Tuesday, July 30, 2013

This was a letter sent to John Walsh....but I thought I should share it with everyone...

To: John Walsh
Have you ever considered that you are punishing innocent/undeserving people with YOUR crusade???  I was a victim from the time I was 5.  One of my abusers was a police officer.  When I told MY story it was ignored.  Why is that????  So over the years I have followed all of these changes.  What are the statute of limitations on these kind of crimes and should there even be one if one exists?  And are these offenders any more of a threat then someone who murders?  Oh, you say there are different levels of the offense? Shouldn't that apply to the sex offender?   I understand that sex offenders need to be monitored BUT I see to much misuse of the system and the law enforcers NOT doing their job and punishing the offender following the rules.  Where is their JUSTICE?  I am looking to change these laws to help keep the focus where it needs to be, THE CHILDREN!  I don't believe monitoring a person that has been mislabeled a SEX offender because he tapped a young girl on the shoulder a threat.  Monitoring this type of person is taking away from the people we NEED to be watching and monitoring.  THE PREDATOR.  The law named after son was implemented for just that, THE PREDATOR.  Not the person who had consensual sex.  I believe too much time and money are wasted on these types of people.  And lets not push aside all the problems Megan's Law has caused. What are we solving by publishing these people?  I'll tell you....NOTHING.  Murders to me are just as dangerous, yet they don't register. Why?  The fear and stigma of a SEX OFFENDER should be used for those committing those heinous crimes, not for frivolous and erroneous accusations.  I am starting a advocacy for those mislabeled offenders. I watched you on the View and love the new device, but what do you do for the people who can't afford them?  I would like help forming this advocacy.  I believe it will help everyone.  As a women that has experienced all sides of the law, I want to help change this bad misconception of certain sex offenders, and strengthen the laws for those who violate it.  I want to be the voice that I should have had.
I am looking for supporters.  Anyone willing to lend their voice to my cause?

Friday, July 26, 2013

Changes to Sex Offender Laws – Moving in the Right Direction?

The root of the ineffectiveness of the current laws is the tendency to base policies on our cultural disgust and fear of sex offenders rather than on a rational analysis of the best way to protect society. Empirical studies from Colorado and Minnesota show that residency restrictions have no correlation to lower re-offense rates, law enforcement agencies complain that bloated registries drain resources and hamper effective monitoring of more dangerous sex offenders, and countless examples exist of non-dangerous minor offenders whose lives have been deeply impacted or ruined by overly broad classification of sex offenders. However, the political will of the legislature is still being driven by public misconceptions, as several states consider imposing stricter requirements on sex offenders.
Oklahoma recently passed a law that bans convicted sex offenders from living with children. It sounds sensible—sex offenders were already restricted from living near schools—yet Oklahoma requires registration of those who commit indecent exposure (excluding public urination) or who crimes involving producing or distributing “obscene material,” which can include pornography depicting only adults. Pending legislation HB1193 would require an law enforcement agencies to notify the local newspaper of sex offenders designated as “habitual” or “aggravated.”
New York, which currently imposes no residency restrictions on sex offenders, is considering banning sex offenders from living within 1000 feet of a school, daycare or park. Even though 1000 feet is on the lower end of residency restrictions, this could be a difficult requirement in the New York City metropolitan area, especially for homeless offenders. Another proposal, S06073, could also have a disparate impact on homeless or transient offenders by requiring Electronic Home Monitoring (ankle bracelets) on offenders who fail to register two or more times. Homeless offenders are much more likely to have registration issues since they have no address to register, and often have mental health issues or other problems that limit their ability to comply.
A bill in Iowa would require nursing homes and assisted living facilities to conduct a sex offender registry check prior to the admission of any new tenants or patients, and then to notify all residents, the emergency contact of all residents, the facilities’ staff, and all visitors to the facility. While it makes sense to want to protect these more vulnerable populations, the nursing facilities covered by the bill have argued that this will impose an onerous burden on their time and resources.
Louisiana leads the charge in the current race to get tough on sex offenders, as Governor Bobby Jindal has made it one of the top priorities of his administration. He has already having signed legislation mandating longer prison sentences for sex offenders and authorizing chemical castration for rapists, in which hormone-limiting drugs are used to reduce libido and capacity for arousal. Although seemingly effective, chemical castration raises serious ethical questions when not undertaken voluntarily (it is reversible, unlike physical castration, but can pose serious health risks in some cases). And Louisiana isn't done—SB428  prohibits sex offenders from living within three miles of their victims and prohibits any form of communication with the victims or family members without their prior written consent. The goal of preventing traumatizing the victims is a noble one, but a three mile restriction in addition to the restrictions around schools and parks is going to create even more limited options, and in smaller towns could effectively result in banishment. Another popular proposal, SB442 seeks to ban sex offenders convicted of certain crimes (mostly involving minors) from social networking sites including Facebook. A legal challenge to a similar ban in Indiana has made the argument that this infringes on First Amendment rights by also preventing offenders from engaging in political, religious, or business-oriented activity on these sites, and a ruling is expected within a month.
The ideas behind these proposals are well-intented, and some could actually be good ideas within a more sensible overall regime. Yet as long as the registries remain bloated with low-risk offenders and our policies remain focused on punishment and stigmatization rather than prevention and rehabilitation, sex offender laws will continue to do more harm than good.

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 Court Decisions: Nevada Supreme Court upholds classification and re...

Sex Offender Court Decisions: Nevada Supreme Court upholds classification and re...: 7-26-2013 Nevada: The Nevada Supreme Court , in a split decision, has upheld the constitutionality of a law that requires certain juvenile...

Sex offender registry expansion approved by House

Sex offender registry expansion approved by House


Thursday, July 18, 2013

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

Tuesday, July 16, 2013

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.